CallRocket Inc. (“CallRocket”) has formulated this AUP in order to encourage the responsible use of CallRocket’s networks, systems, services, web sites and products (collectively, “CallRocket Services”) by our Customers, Customers’ end-users and customers, and other users of CallRocket Services (collectively, “Users”), and to enable us to provide Users with secure, reliable and productive services. By using CallRocket Services, Users consent to be bound by the terms of this AUP. If you do not wish to be bound by these terms and conditions, you may not access or use CallRocket Services. CallRocket reserves the right to modify this AUP in its discretion at any time. Such modifications will be effective when posted to CallRocket’s website, or when notice of such modifications (which may be via email or any other notification) has been provided to Users. Any use of CallRocket Services after such modification shall be deemed to constitute conclusive acceptance of such modification.

Suspension and Termination

Any User which CallRocket believes, in good faith, to have violated any element of this AUP may be subject to a suspension or termination of service. CallRocket will suspend service for violation of the AUP on the most limited basis as CallRocket determines is reasonably practical under the circumstances to address the underlying violation. CallRocket will attempt to notify Customer prior to suspending service for violation of the AUP (which may be via email or any other notification); provided, however, CallRocket may suspend service without notice if CallRocket becomes aware of a violation of any applicable law or regulation or activity, including but not limited to a violation of the AUP, that exposes CallRocket to criminal or civil liability or that exposes CallRocket, its officers, employees, Customers or affiliates, or the property of the aforementioned to harm. CallRocket may take such further action as CallRocket determines to be appropriate under the circumstances to eliminate or preclude repeat violations, and CallRocket shall not be liable for any damages of any nature suffered by any Customer, User, or any third party resulting in whole or in part from CallRocket’s exercise of its rights under this AUP.

Prohibited Conduct In General

CallRocket Services must be used in a manner that is consistent with the intended purpose of CallRocket Services and may be used only for lawful purposes. Users shall not use CallRocket Services in order to transmit, distribute or store material, or to commit any act:

• in violation of any applicable law or regulation
• that may adversely affect CallRocket Services or other CallRocket Customers
• that may expose CallRocket to criminal or civil liability.

Users are prohibited from facilitating the violation of any part of this AUP or another provider’s AUP, including, but not limited to transmitting, distributing, or otherwise making available any product or service that violates this AUP or another provider’s AUP.

Inappropriate Content

Users shall not use CallRocket Services to transmit, distribute or store material that is inappropriate, as reasonably determined by CallRocket, or material that is obscene (including child pornography), defamatory, libelous, threatening, abusive, hateful, or excessively violent.

Intellectual Property

Material accessible through CallRocket Services may be subject to protection under privacy, publicity, or other personal rights and Intellectual Property rights, including but not limited to, copyrights and laws protecting patents, trademarks, trade secrets or other proprietary information. Users shall not use CallRocket Services in any manner that would infringe, dilute, misappropriate, or otherwise violate any such rights. If you use a domain name in connection with any of CallRocket Services, you must not use that domain name in violation of the trademark, service mark, or other rights of any third party.

Harmful Content

Users shall not use CallRocket Services to transmit, distribute or store material that may be harmful to or interfere with CallRocket Services or any third party’s networks, systems, services, or web sites. Such prohibited harmful content includes, but is not limited to, viruses, worms, or Trojan horses.

Fraudulent/Misleading Content

Users shall not use CallRocket Services to transmit or distribute material containing fraudulent offers for goods or services, or any advertising or promotional materials that contain false, deceptive, or misleading statements, claims, or representations.

Inappropriate Actions

Users shall not use CallRocket Services to conduct activities that may be harmful to or interfere with CallRocket Services or any third party’s networks, systems, services, or Web sites. Users are prohibited from violating or attempting to violate the security of CallRocket Services or the computers, accounts, or networks of another party. Users are also prohibited from any activity considered a precursor to attempted security violations, including, but not limited to, any form of scanning, probing, or other testing or information gathering activity. Inappropriate activity may result in civil or criminal liability. CallRocket will investigate such activity, and may involve and cooperate with law enforcement authorities in prosecuting Users involved in such activity.

Responsibility for Content

CallRocket takes no responsibility for any material created, transmitted or accessible on or through CallRocket Services. CallRocket is not obligated to monitor such material, but reserves the right to do so. CallRocket will not exercise any editorial control over such material. In the event that CallRocket becomes aware that any such material may violate this AUP and/or expose CallRocket to civil or criminal liability, CallRocket reserves the right to block access to such material and suspend or terminate any User creating, storing or disseminating such material. CallRocket further reserves the right to cooperate with legal authorities and third parties in the investigation of alleged wrongdoing, including disclosing the identity of the User that CallRocket deems responsible for the wrongdoing.

Compliance with Laws

Users shall comply with all applicable local, state, national and international laws and regulations, including those related to data privacy, international communications, and exportation of technical or personal data. Users shall comply with all applicable FCC regulations, including, but not limited to, obtaining all necessary licenses and/or authorizations, and payment of any required fees directly to the FCC.

Reporting of Violations

Violations of this AUP may be reported in writing to:

CallRocket Inc.

1 Park Plz Ste 600
Irvine, CA 92614
United States