Acceptable Use Policy

US Acceptable Use Policy for Use of Alvaria Products and Alvaria Subscription Services. References to Alvaria herein shall include Aspect Software, Noble Systems Corporation and their respective affiliates.

Use of Alvaria Products and Subscription Services are subject to this Acceptable Use Policy (AUP). You are responsible for violations of this AUP by you or any third party you allow to use the Products or Subscription Services.

You may not use the Products or Subscription Services to:

• interfere with a third party’s use of the Products or Subscription Services;
• violate, or encourage the violation of, the legal rights of others, including, but not limited to, infringing or misappropriating any intellectual property or proprietary right of another;
• engage in, promote or encourage illegal activity or use the Products or Subscription Services for an unlawful, defamatory, abusive, harassing, obscene, violent, deceptive or fraudulent purpose;
• use, store, share, host, copy, distribute, display, publish, transmit or send content that is or may be deemed offensive, inflammatory, hateful, defamatory, discriminatory, obscene, abusive, invasive of privacy, harmful to others, or otherwise objectionable;
• impersonate any person or entity without consent, including sending altered, deceptive or false source-identifying information (spoofing, phishing);
• use false, misleading, or deceptive TCP/IP packet header information in an email or a newsgroup posting;
• collect or use information without the consent of the owner of the information, if prohibited by applicable law;
• generate, distribute, publish or facilitate unsolicited mass email or other messages, promotions, advertisements or solicitations (spam);
• distribute advertisement delivery software unless: (a) the user affirmatively consents to the download and installation of such software based on a clear and conspicuous notice of the nature of the software, and (b) the software is easily removable by use of standard tools for such purpose included on major operating systems (e.g., Microsoft’s add/remove tool);
• attack, abuse, interfere with, surreptitiously intercept, or disrupt any users, systems, networks, Products or Subscription Services, including but not limited to Denial of Service (DoS) attacks, unauthorized monitoring or crawling, deliberate attempts to overload, distribution of malware (including but not limited to viruses, Trojan horses, worms, time bombs, spyware, adware, or cancelbots), war dialing, flood pings, packet spoofing, forged telephone information;
• disable, interfere with or circumvent any aspect of the Product or Subscription Services, including any storage, access, usage or user limits;
• probe, scan, or test the vulnerability of any system or network;
• disable, interfere with, abuse, disrupt, intercept, circumvent or otherwise violate any security or authentication measures;
• deploy interactive voice response (IVR) Applications, services or sessions that contain endless loops or that have no termination date; or
• submit, process or store personally identifiable information in test or non-production environments.

You agree:

• to use the Products and Subscription Services in accordance with applicable laws and government regulations;
• to only use Products and Subscription Services in a manner consistent with the purpose of intent of the Products and Subscription Services;
• that you are solely responsible for the content of any material posted, hosted, downloaded, uploaded, created, accessed or transmitted using a Subscription Service and that Alvaria has no responsibility for any material created on or made accessible by your use of the Subscription Service;
• to comply with the rules of any other network you access or participate in using the Products or Subscription Services, including any SMS or telephone carrier codes of conduct and the CTIA Short Code Monitoring Handbook;
• to comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which you participate using the Products or Subscription Services, including rules for content and commercial postings;
• to comply, in a timely manner, with Alvaria's requirements for network security, including changes required to comply with Health Insurance Portability and Accountability Act (HIPAA), Gramm-Leach-Bliley Act, or other security and privacy laws, regulations or standards;
• to only use IP addresses assigned to you by Alvaria in connection with the Subscription Services;
• if Alvaria IP numbers assigned to your account are listed on an abuse database (e.g., Spamhaus), to take prompt action to remedy the issue and, if you do not do so within 10 days of written notice from Alvaria, Alvaria may take reasonable action to protect its IP addresses, including suspension or termination of the Subscription Services if the IP addresses were listed as a result of your actions;
• if you register a DNS record or zone on Alvaria managed or operated DNS servers or service for a domain of which you are not the registrant or administrative contact according to the registrar’s WHOIS system, then upon request from the registrant or administrative contact according to the registrar’s WHOIS system, Alvaria may modify, transfer, or delete such records or zones;

• Alvaria may quarantine or delete any data stored on a shared system if Alvaria reasonably believes that the data is infected with a virus or is otherwise corrupted and has the potential to infect or corrupt the system or other customers’ data stored on the same system;
• to comply with all Product and Subscription Service notices and end of life policies, including the transfer and migration to, or utilization of, new versions of software, network configurations or environments (Alvaria may charge additional fees for non-compliance);
• to provide all information that Alvaria reasonably requires in order to register any 10 Digit Long Code (10DLC) numbers for SMS that you purchase from Alvaria and access or use in using the Products or Services; and
• upon reasonable notice, comply with re-provisioning of telephone provider lines due to network changes, changes to Alvaria data centers and facilities (Alvaria may charge additional fees for non-compliance).

Alvaria may report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Alvaria’s reporting may include disclosing appropriate customer information. Alvaria also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this AUP.

For customers using products/services with outbound dialing capability, if more than 20% of completed calls are equal to or less than 6 seconds in length (a "Short Duration Call"), or if more than 35% of total call attempts do not complete during any given month during the billing cycle (the "Incomplete Call Threshold"), then additional fees may apply. Such fees are based on additional costs Alvaria incurs from its carriers as a result of Customer’s usage. Notwithstanding, Alvaria will support all traffic not harmful to its or its carrier's network(s).

Customers are required to reimburse Alvaria for all fees, fines or penalties assessed against Alvaria due to Customer’s failure to comply with this AUP.

Alvaria may modify the AUP at any time without notice by posting a revised AUP on www.alvaria.com. Changes are effective on posting. Your use of a Product or Subscription Service after changes to the AUP are posted constitutes acceptance of any changed or additional terms.