Acceptable Use
Policy

This Acceptable Use Policy (“AUP”) identifies and sets forth some requirements and restrictions on the use by Client and Client’s Subscribers of the Products and Services provided by OneCloud, and the OneCloud platform used by Client to deliver such Products and Services and is incorporated by reference in the Master Services Agreement (“MSA”) between OneCloud and Client. The client must review and comply with the AUP laws and guidelines, however, this AUP is not intended to be (i) interpreted as, relied upon, or used as a substitute for the advice of legal counsel, (ii) or considered to be a complete and exhaustive list of all laws and regulations applicable to Client’s use of the OneCloud platform, Products, and/or Services. In addition to the below laws, various other state and foreign laws may apply to the Client’s use of the OneCloud platform, Products, and/or Services. Each Client is advised to obtain the advice of its own legal counsel before using the OneCloud platform, Products, and/or Services.

Client’s access to the OneCloud platform, Products, and/or Services, and that of Client’s Subscribers, may be restricted, suspended, or terminated for violation of this AUP, at OneCloud’s sole discretion.

OneCloud reserves the right to change or modify the terms of the AUP at any time, effective immediately when posted to the OneCloud website. Client’s use of the OneCloud platform, Products, and/or Services after changes to the AUP are posted to the OneCloud website shall constitute acceptance of any changes or additional terms.

OneCloud maintains a zero-tolerance policy for any violation of this AUP and requires that its Clients implement and enforce this same zero-tolerance policy.

Capitalized terms used in this AUP shall have the meaning as given in the Client’s Master Services Agreement (MSA). 

 1. General Statement

OneCloud is dedicated to the use of Voice over Internet Protocol (VoIP) and related technologies to improve the telecommunications industry and the lives of individuals throughout the world.

OneCloud’s goal is to deliver carrier-grade Communications Services to all its Clients, at a reasonable price and to make available all the benefits that VoIP offers as broadly as possible. In order to achieve this goal, an Acceptable Use Policy is necessary.

 2. Abuse

Client and Client’s Subscribers may not use the OneCloud platform, Products and/or Services to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including but not limited to:

1. Restricted Content.

 Any purpose prohibited by applicable international, federal, state, or local law, rule, or regulation (which laws may impose more stringent requirements than the guidelines described herein).

 a. Child pornography

 b. Unlawful gambling activities

 c. Threats, harassment, and abuse of any individual or organization

 d. Fraudulent activities

 e. Terroristic or other solicitations advocating human violence and/or hate crimes based upon religion, ethnicity, or country of origin.

 f. Unlawful high yield investment plans (Ponzi schemes)

2. FCC and FTC Rules and Regulations – United States

 Using the OneCloud platform for auto-dialing, robocalls, telemarketing, high volume fax, text messaging, voicemail broadcasting or call “blasting” or any other transmission that violates any provision of the Federal Communications Commission’s (FCC) Telephone Consumer Protection Act (TCPA), the Federal Trade Commission’s (FTC) National Do Not Call Implementation Act (DNCIA), the FTC Telemarketing Sales Rule (TSR), or other Federal regulatory protections.

3. Use of the OneCloud platform in any way that is defamatory, libelous, or invasive of another’s privacy or any similar behavior.

4. Interference with any other Client of OneCloud including, without limitation, deliberate attempts to call flood, broadcast attack, or overload a OneCloud platform.

5. Collecting or using information without the consent of the owner of the information, including without limitation collecting email addresses, screen names, or other identifiers (sometimes referred to as phishing, scamming, password robbery, spidering, and data harvesting).

6. Any conduct that is likely to result in retaliation against OneCloud or OneCloud employees, officers, representatives, or other agents.

7. Any conduct that results in retaliation against OneCloud, which includes but is not limited to engaging in behavior that results in any virus, malicious software (malware), ransomware or hacking being implemented against OneCloud, or any OneCloud server or firewall being the target of a distributed denial-of-service attack (DDoS) or any other technological cyberattack.

8. US Congressional CAN-SPAM Act of 2003

 The client must comply with the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM) of 2003 and other laws and regulations applicable to bulk or commercial email in regard to the OneCloud platform or any third party products and/or services connected to or utilized with the OneCloud platform.

9. Client must comply with the rules and conventions for postings to any OneCloud forum, chat group, or another newsgroup medium in which OneCloud participates. This includes the prohibition of off-topic commercial messages, mass postings, or any other content deemed offensive, derogatory or inappropriate, and OneCloud reserves the right to remove or edit content or users, at its sole discretion.

10. Fair Use

OneCloud unlimited usage plans are for normal use and are plan specific. Normal, reasonable use on OneCloud unlimited plans must be in accordance with the Acceptable Use Policy, located at https://www.onecloudprod.wpengine.com/learn/acceptable-use-policy and the applicable Sales Order, and consistent with the types and levels of usage by typical Clients on the same plan. “Typical” refers to the calling and connection patterns of at least 90% of OneCloud’s Clients on the same business plan. Excessive or unauthorized use beyond that normally experienced by OneCloud’s Clients, in OneCloud’s sole and absolute discretion, may result in unlimited usage plan service termination. Prior to taking such action, OneCloud will attempt to contact the Client to discuss the cause for the excessive or abusive use and the required remediation to continue the Service. Should unlimited usage plan service be terminated, usage will be billed at the current prevailing rate as indicated in the OneCloud knowledge base or by contacting the OneCloud sales department and requesting the current rate(s).

OneCloud may determine that abnormal, unreasonable, or impermissible usage is occurring, and may take appropriate steps, including suspension or termination of Service, even if the number of minutes or bandwidth used is not excessive when a client’s usage or connection patterns during more than one month reflect excessive usage, including but not limited to :

- call lengths;

- frequency of call forwarding/transferring;

- short duration calls;

- number of calls made during a month;

- number of calls made to a 3rd party conference calling service during a month;

- number of calls terminated and re-initiated consecutively, which, in the aggregate, result in excessive call lengths during a specific time frame; or

- other calling patterns indicative of an attempt to evade enforcement of this Acceptable Use Policy (AUP)

In addition, unlimited usage plans cannot, under any circumstances, be used for call centers, continuous or extensive call forwarding, auto-dialing (including automatic outbound dialing systems or call distribution systems), telemarketing (including without limitation charitable or political solicitation, and/or polling), transcription services, fax “blasting”, junk faxing or fax spamming, broadcast fax, ANI or CLI spoofing or other high volume or multi-person calling or faxing purposes.

3. Subscriber Care

The client must provide a phone number and email address for Subscriber complaints in a conspicuous location on the Client’s primary website. The client must use all reasonably available resources to resolve Subscribers’ complaints and service affecting issues.

 4. Remote Access to Servers/IP Addresses

The client must provide remote access to all server(s) hosting the OneCloud platform and any third-party applications utilized in the delivery of the License(s), Product(s), and/or Service(s) to the Client and its Subscribers. Additionally, the Client may only use IP addresses documented and approved by OneCloud in connection with the OneCloud platform and related Product(s) and Service(s). The client agrees that if the IP Numbers utilized for the Client’s account are listed on an abuse database Client will be in violation of this AUP, and OneCloud may take reasonable action to protect its platform, including suspension and/or termination of the Client’s Product(s) and Service(s), regardless of whether the IP numbers were listed on an abuse database as a result of Client’s actions or those of Client’s Subscribers.

 5. Copyrighted Material

The client may not use the OneCloud platform to download, distribute or otherwise use in any manner any music, audio, text, or other works protected by copyright law unless Client has been expressly authorized by the owner of the copyright or otherwise permitted by established copyright law for said use.

 6. Intellectual Property Rights – Trademarks/Service Marks

 Any and all marks are and shall remain the exclusive property of OneCloud, its Suppliers, and/or their Affiliates, as the case may be, and OneCloud grants Client a limited license to reproduce the marks only to the extent expressly provided for in the Master Services Agreement. Client shall not perform any act that would infringe upon, harm, or contest the validity of any mark or rights therein or hinder or prevent OneCloud, its Suppliers and/or their Affiliates from utilizing, licensing, or sublicensing the marks in any manner, nor use, alter or exploit in any manner any of the marks, except in such manner and media as OneCloud may consent to in writing. The client acknowledges that any right to use the marks is conditioned upon the Client’s observance of the provisions of the MSA and this AUP regarding Intellectual Property Rights and the marketing of the Products and/or Services. The client shall display the marks in accordance with OneCloud guidelines for using trademarks as in effect from time to time and as provided to Client upon OneCloud receiving request, in writing. Notwithstanding the foregoing, any change by Client, its Suppliers or any of their Affiliates to the marks guidelines which affects Client’s usage shall not apply retroactively to Client’s past usage which conformed with the then-current guidelines and OneCloud shall permit Client a reasonable period of time in which to conform with the new guidelines. OneCloud retains the right to specify and approve the quality and standards of all materials on which the marks are displayed and to inspect from time-to-time samples of such materials. If requested by OneCloud, additional agreements and conditions regarding manufacture and quality control will be set forth in a separate Addendum to the Master Services Agreement. Failure of Client to adhere to such standards of quality as provided herein shall be grounds for OneCloud to terminate Client’s rights to use such marks and to terminate the Agreement. All advertising and other promotional, packaging, and similar materials used by Client concerning OneCloud Products and/or Services shall bear such trademark notices and legends as OneCloud may reasonably require pursuant to this AUP. 

 7. Links from the Website or Knowledge Base

If the OneCloud Website or OneCloud Knowledge Base contains links to other websites and/or resources provided by third parties (including but not limited to downloads of any kind), these links and resources are provided for the Client’s convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. OneCloud has no control over the content of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from the Client’s use of them. If Client decides to access any of the third-party websites linked to the OneCloud Website or OneCloud Knowledge Base, Client does so entirely at their own risk and are subject to the terms and conditions of use for such websites. 

 8. Disclaimer of Warranties 

The client understands that OneCloud cannot and does not guarantee or warrant that files available for downloading from the internet, the OneCloud Website, or OneCloud Knowledge Base will be free of viruses or other destructive code. To the fullest extent allowed by law, ONECLOUD WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE ONECLOUD WEBSITE, ONECLOUD KNOWLEDGE BASE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

Client’s use of the OneCloud Website and/or OneCloud Knowledge Base (referenced collectively as the “Website/KB”, its contents, and any services or items obtained through the OneCloud Website/KB is solely at the Client’s own risk. The Website/KB, its contents, and any services or items obtained through the Website/KB are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither OneCloud nor any person associated with OneCloud makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the OneCloud Website/KB. Without limiting the foregoing, neither OneCloud nor any person associated with OneCloud represents or warrants that the OneCloud Website/KB, its contents, and any services or items obtained through the OneCloud Website/KB will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the OneCloud Website/KB or the Server(s) that makes the OneCloud Website/KB available are free of viruses or other harmful components, or that the OneCloud Website/KB or any services or items obtained through the Website/KB will otherwise meet Client’s needs or expectations.

TO THE FULLEST EXTENT PROVIDED BY LAW, ONECLOUD HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

 9. Indemnification

The client agrees to defend, indemnify, and hold harmless OneCloud and its respective officers, directors, shareholders, employees, agents, and representatives against all damages, claims, liabilities, judgments, awards, losses, and other expenses, including without limitation reasonable attorney’s fees and costs, whether or not a lawsuit or other proceeding is filed, arising out of or relating to Client’s violation of this Acceptable Use Policy.

10. Inquiries

Inquiries regarding this AUP should be directed to our Legal Department at legal@onecloud.com

11. Complaints about Abuse or Breach of the AUP

If you wish to inform OneCloud about a breach of this AUP please contact a OneCloud representative or email our Legal Department at legal@onecloud.com 

 12. Best Practices

The client must follow all relevant industry guidelines, standards, and best practices, such as those provided by the Internet Engineering Task Force (IETF) and the Internet Society (ISOC) when utilizing the OneCloud platform. The client may purchase Professional Services from OneCloud if the Client is unclear as to best practices for the OneCloud platform.

 13. Compliance

OneCloud may test and otherwise monitor the Client’s compliance (and that of the Client’s Subscribers) with all these requirements. Client’s access to the OneCloud platform and any related Products and Services, and that of Client’s Subscribers, may be restricted, suspended, or terminated for violation of this AUP, at OneCloud’s sole discretion. Any failure to enforce this policy in every instance does not amount to a waiver of OneCloud’s rights.

This AUP was last updated in January 2021.