Acceptable Use Policy

Any and all use of E-MetroTel products is subject to and conditioned upon compliance with the following Acceptable Use Policy (“AUP”). If you have an Agreement with E-MetroTel, or with any authorized E-MetroTel reseller, this AUP is incorporated into and made a part of your Agreement with E-MetroTel.

This Acceptable Use Policy applies to all E-MetroTel products including hardware Appliances, UCX-Cloud Services, and UCX Virtualization Software, as well as any E-MetroTel provided peripheral equipment or desktop or mobile client applications

Use Restrictions

You agree to the following:

A.  The Products (including any device, system, network, or account used in connection with the E-MetroTel Products) may not be used for:

  • Performing, participating in, or promoting any illegal, fraudulent, criminal, or defamatory activity or to violate any applicable law or regulation applicable to the use of the Products.
  • Engaging in resale activities unless you are an authorized E-MetroTel reseller. Customers may not sell, resell, sublicense, assign, license, or sublicense the Products or any component thereof or use or offer the same on a service-bureau or time-sharing basis.
  • Infringing, misappropriating, or otherwise violating E-MetroTel’s or anyone’s rights (including intellectual property, privacy, personality, publicity, or otherwise; or display or use E-MetroTel’s marks without consent or in violation of E-MetroTel policies.
  • Transmitting misleading or inaccurate caller ID or other origin or identify information with the intent to defraud, cause harm, or wrongfully obtain anything of value
  • Exploiting or harming minors (e.g., expose them to inappropriate content; ask for personally identifiable information without parental consent).
  • Engaging in malicious activity to transmit any material that contains viruses, time or logic bombs, Trojan horses, worms, malware, spyware, or any other programs that may be harmful or dangerous.
  • Objectionable activity or act in an indecent, offensive, threatening, harassing, defamatory, libelous, fraudulent, malicious, disruptive, tortious, or other objectionable manner, including making calls or sending messages that contain phishing or spam content, or otherwise violates E-MetroTel’s Content Guidelines.  
  • Transmitting or broadcasting unsolicited, or “junk” or “spam,” marketing or promotional materials or messages through pre-recorded voice messages, SMS, facsimile or other means, other than in compliance with all applicable laws, regulations, codes, ordinances, treaties, conventions, and court and administrative orders and rulings (collectively, “Laws”);
  • Transmitting or broadcasting unsolicited, or “junk” or “spam,” marketing or promotional materials or messages through pre-recorded voice messages, SMS, facsimile or other means, other than in compliance with all applicable laws, regulations, codes, ordinances, treaties, conventions, and court and administrative orders and rulings (collectively, “Laws”);
  • Harvesting information through spam; bulk messages to collect information about third parties or End Users without consent
  • Using any device, system, network, account, plan, or the Services in an unauthorized manner or in excess of reasonable business use (e.g. interfere, inhibit, compromise, or otherwise harm the Products or the E-MetroTel Network (regardless of intent or knowledge).
  • Circumventing compliance or security by taking advantage of, bypassing, exploiting, defeating, disabling, or otherwise circumventing limitations of the Products, security mechanisms, or compliance with this AUP or any law.
  • Intercepting, capturing, sniffing, monitoring, modifying, emulating, decrypting, or redirecting any communication or data used by the Products for any nefarious purpose.

B. You also agree not to:

  • Inspect, possess, use, copy, reverse engineer, or attempt to discover the source code of or used to create any program or other component of the E-MetroTel Products, except as expressly permitted by applicable Laws;
  • Attempt to hack or gain unauthorized access to any network, environment, or system of E-MetroTel or any of E-MetroTel’s partners, vendors or other customers;

Intellectual Property Rights and Licenses 

All rights, title and interest in and to the E-MetroTel Products, including intellectual property rights, will remain with E-MetroTel and belong exclusively to E-MetroTel.  Subject to the terms of this Acceptable Use Policy E-MetroTel grants the Customer a limited, non-exclusive, non-transferable license to use software applications provided in connection with the E-MetroTel Products until any Appliance based system or Virtualization software purchased by the original user is no longer operational or during the term of the any Cloud service offering is no longer valid..

You hereby assign to E-MetroTel all rights, title and interest (including intellectual property rights) in and to any new feature improvement, suggestion, enhancement request, recommendation, correction, idea or other feedback that you may provide to E-MetroTel relating to the E-MetroTel Products (collectively, “Feedback”), and you agree that E-MetroTel shall be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever without compensation to you.
The list above is not exhaustive or exclusive. For purposes of this AUP, “End User” means an individual user of the Products, and may be a natural person, and may include but is not limited to a Customer’s employees, consultants, clients, external users, invitees, contractors and agents. 

Termination

E-MetroTel may act immediately and without notice to suspend or terminate any remaining portion of the Customer's Subscription Services (software and or hardware) if, in E-MetroTel’s sole discretion, Customer’s or its End Users’ use of the Products violates the terms of this Acceptable Use Policy.

Data Privacy

E-MetroTel's privacy policy is available at https://documentation.emetrotel.com/content/privacy-policy.  The privacy policy describes, among other things, what information E-MetroTel collects concerning its customers, and how it uses the information it collects.
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