Rice Telecom AUP

Rice Telecom Corporation and its Affiliates and subsidiaries (collectively, "RTC") provide services that enable access to RTC's network and the publicly switched telephone network (PSTN) (collectively, the "Services"). "You" when used in this Acceptable Use Policy (the "AUP") shall mean the RTC customer of record and the RTC customer's end users. By using any Service in such a manner, you represent, acknowledge, and agree that you and any users (the "Users") that have direct or indirect access to the Services through your account have read, understood, and agree to abide by this AUP. RTC does not pre-screen, censor, edit control or monitor content or transmissions on the Services, but RTC reserves the right, in its reasonable discretion, to not transmit any content which it determines is illegal, harmful to RTC's systems, or otherwise in violation of this AUP. This AUP should be read in conjunction with the terms and conditions of the Master Service Agreement entered into with RTC and other RTC policies and tariffs. All Users of the Services are required to comply with this AUP, as well as all applicable laws and regulations. Additionally, in the event of a conflict between the terms of this AUP and any state, federal, or local regulations, or the tariffs on file with any state, the regulatory terms should take precedence.

  1. Violation of this AUP is strictly prohibited. In the event of any violation hereof, RTC reserves the right to suspend or terminate any or all Services in accordance with the Master Services Agreement or any applicable tariff.
  2. Users who violate this AUP also may incur criminal or civil liability. RTC may refer violators to civil or law enforcement authorities for prosecution and will cooperate fully with applicable government authorities in connection with civil or criminal investigations of such violations.
  3. You are responsible for configuring your own systems and services to ensure Users' compliance with this AUP. RTC shall not be responsible or liable for any damage caused by such system and/or service configurations regardless of whether such configurations have been authorized by RTC or its suppliers.
  4. RTC's Services permit access to public networks, and does not control the transmissions made by contacted parties. RTC shall have no liability for any transmissions or data received by any person, including, without limitation, any person under eighteen (18) years of age. Users assume all liability and responsibility associated with connecting to any target station or network.
  5. As used herein, the term "Abuse" shall be defined to mean any conduct which, in RTC's reasonable discretion, is dangerous to RTC's network, or illegal, regardless of whether such conduct is detailed in this AUP, which shall include, without limitation, conduct that is threatening, abusive, harassing, illegal, fraudulent or damaging to RTC's or any of RTC's network partners' equipment. Any Abuse by any User is strictly prohibited. Actions which constitute Abuse shall include, without limitation:
    • Using the Services to falsify the identity or contact information of any person; Attempting to circumvent or alter the processes or procedures to measure time, bandwidth utilization, or other methods to document use of the Services;
    • Using the Services to falsify, forge, or improperly alter the Caller ID information of any outbound telephonic communications;
    • Creating active full-time connection on dial up accounts by using artificial means;
    • Using the Services to harm, or attempt to harm, minors in any way;
    • Using the Services to engage in deceptive or unfair marketing, including without limitation, making fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam or wire fraud such as but not limited to "pyramid schemes," "Ponzi schemes," and "chain letters";
    • Using the Services to record the conversations or communications of other people without their consent in violation of the law;
    • Using the Services for any activity which adversely affects the ability of other people or systems to use the Services including, without limitation, disruption or interference with other RTC users and denial of service attacks against another network station or user;
    • Using the Services to make illegal telemarketing calls as defined by the Telemarketing and Consumer Fraud and Abuse Prevention Act of 1994 or any other applicable federal, state, or local regulations;
    • Using the Services to make illegal robocalls as defined by any applicable federal, state, or local regulations;
    • Using the Services in violation of any applicable law.
  6. Security of a User's network, systems, and service is the sole responsibility of the User. Any firewalls, firewall configurations, routers, router configurations, PBXes, PBX configurations, switches, and switch configurations or any other equipment owned, implemented and maintained by the User (collectively “User Equipment”) are the responsibility of the User. RTC is not responsible for any loss of data as a result of a User's selection or method of security or routing configurations. In the event that a User requests that RTC perform any work or maintenance on User Equipment, RTC shall not be responsible for any damages, including loss of data, resulting from such work or maintenance.
  7. Users are prohibited from falsifying user information provided to RTC or to other users in connection with use of the Services.
  8. A violation of this AUP by someone having only indirect access to the Services through a User will be considered a violation by the User irrespective of whether such violation occurs with the knowledge or consent of the User. RTC receives complaints directly from other users, through industry organizations, and through other parties.
  9. RTC shall conduct an investigation to determine the validity of complaints received before taking action under this AUP, as circumstances may reasonably allow; provided, however, that RTC shall have the right to take immediate action to suspend Service in the event any conduct presents a reasonably perceived threat to the safety of any person or property or the functioning of RTC's network or Services. We shall use commercially reasonable efforts to provide Customer with notice and evidence of such unlawful or improper use prior to taking any action hereunder.
  10. Use of the Services to initiate telemarketing calls, autodialled calls, robocalls, or high-volume short duration calls is strictly prohibited without the express written premission of RTC. In the event that this permission is granted, it does not remove the obligation of the User to comply with the rest of this AUP, including the abuse section.
  11. Nothing contained in this AUP shall be construed to limit RTC's actions or remedies in any way with respect to any of the foregoing activities, and RTC reserves the right to take any and all additional actions it may deem appropriate with respect to such activities, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the RTC service. RTC will investigate violations of policy and will cooperate with law enforcement officials for any suspected criminal violations. Each User shall also provide reasonable cooperation and assistance to RTC and to law enforcement agencies in connection with any request or legal requirement relating to the Service. In addition, RTC reserves at all times all legal and equitable rights and remedies available to it with respect to such activities.
  12. User agrees to maintain his/her password as private and confidential information, and not to attempt to gain unauthorized access to any systems or networks.
  13. All Users have the responsibility to ensure that their network is configured in a secure manner. Users may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. Users may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner.
  14. In the event that any portion of this AUP is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions of this AUP shall remain in full force and effect. Any failure by RTC to insist upon or enforce strict performance of any provision of this AUP shall not be construed as a waiver of any provision or right.