ACCEPTABLE USE POLICY

ACCEPTABLE USE POLICY

 

This Acceptable Use Policy document, including the following list of Prohibited Activities, is an integral part of your Service Agreement with  (LynkIT).  If you engage in any of the activities prohibited by this AUP document LynkIT may suspend or terminate your service.

LynkIT ’s Acceptable Use Policy (the “Policy”) for LynkIT Services is designed to help protect LynkIT, LynkIT ’s customers and the Internet community, the public telephone network, and consumers in general from irresponsible or, in some cases, illegal activities. The Policy is a non-exclusive list of the actions prohibited by LynkIT. LynkIT reserves the right to modify the Policy at any time, effective upon posting at this website AUP page.

Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.

  1. Sending Unsolicited Bulk Email or SMS (“spam”). The sending of any form of Unsolicited Bulk Messaging through LynkIT’s network is prohibited. Likewise, the sending of SMS from another service provider advertising a web site, email address or utilizing any resource hosted on LynkIT ’s servers, is prohibited. LynkIT accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.
  2. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks.
  3. Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user.
  4. Obtaining or attempting to obtain service by any means or device with intent to avoid payment.
  5. Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any LynkIT customers or end-users by any means or device.
  6. Knowingly engage in any activities designed to harass, or that will cause a denial-of-service to any other user whether on the LynkIT spoofing network or on another provider’s network.
  7. Using LynkIT’s Services to interfere with the use of the LynkIT network by other customers or authorize.

TELEMARKETERS; NATIONAL DO NOT CALL LIST NOTIFICATION

This Section is to notify Customer of the rules governing the National do-Not-Call List, as required by the FCC.

  1. The Rules apply to any LynkIT customer engaged in telephone solicitations to consumers or businesses.  Customers making telephone solicitations would include persons or companies that are engaged in telephone solicitations as well as third party telemarketers that are engaged by persons or companies to conduct telephone solicitations on their behalf.
  2. Federal law requires any person making telephone solicitations to residential customers to comply with the National Do-Not-Call rules, which became effective October 1, 2003 and any new rules enacted and or revised since by the FCC, FTC, other federal agencies or any state agencies.  Violators may be subject to a fine of up to $16,000 per violation. It is the customers sole responsibility to be fully current, aware and compliant with all rules.   Most federal rules are published in the Federal Register (FR) which can be accessed on the FR website at http://www.gpoaccess.gov/fr/Index.htmlunder:
    1. Title 16 Commercial Practices, Chapter 1 Federal Trade Commission, Part 310 Telemarketing Sales Rule (16 C.F.R. Part 310)
    2. Title 47 Telecommunication, Chapter 1 Federal Communications Commission, Part 64 Miscellaneous Rules Related to Common Carriers, subpart 46.1200 Delivery Restrictions (47 C.F.R. § 64.1200)
    3. Additional information for telemarketers can be found at the National Do-Not-Call registry website at https://telemarketing.donotcall.gov/
      4. ;

 

  1. Customer understands that LynkIT compliance services are designed to assist customer meet some FCC and FTC Telemarketing rules, but Customer is solely responsible for making sure they comply with all laws and rules, and will NOT hold LynkIT responsible for any failure in the deliverance of said services for any reason

 

  1. Customer understands that they are responsible for complying with all FCC and FTC and state telemarketing rules. If Customer provides services to sub-Customers, said sub-Customer fall under all compliances rules and requirements outlined in section 8 and as such Customer will be responsible for enforcing all such terms on its own customers and any violation by a sub-customer will be considered a violation of the Customer. Customers understand that they may be required to provide contact information on their sub-customers, for compliance and regulatory purposes. LynkIT is mandated by law to provide customer information if a subpoena, court order, or affidavit is submitted by appropriate authority. LynkIT will also provide said information as part of any court proceeding initiated against it.

 

TELEPHONE CONSUMER PROTECTION ACT of 1991

 

This Section is to notify Customer of the rules governing the National do-Not-Call List, as required by the FCC.

Customer is expected to follow Telecommunications Protection Act of 1991 (TCPA ).  A more detailed summary can be found at https://transition.fcc.gov/cgb/policy/TCPA-Rules.pdf. ; In general, unless the recipient has given prior express consent, the TCPA and Federal Communications Commission (FCC) rules under the TCPA generally

  • Prohibits solicitors from calling residences before 8 a.m. or after 9 p.m., local time.
  • Requires solicitors maintain a company-specific "do-not-call" (DNC) list of consumers who asked not to be called; the DNC request must be honored for 5 years.
  • Requires solicitors honor the National Do Not Call Registry.
  • Requires solicitors provide their name, the name of the person or entity on whose behalf the call is being made, and a telephone number or address at which that person or entity may be contacted.
  • Prohibits solicitations to residences that use an artificial voice or a recording.[2]
  • Prohibits any call made using automated telephone equipment or an artificial or prerecorded voice to an emergency line (e.g., "911"), a hospital emergency number, a physician's office, a hospital/health care facility/elderly room, a cellular telephone, or any service for which the recipient is charged for the call.[3]
  • Prohibits autodialed calls that engage two or more lines of a multi-line business.
  • Prohibits unsolicited advertising faxes.
  • In the event of a violation of the TCPA, a subscriber may (1) sue for up to $500 for each violation or recover actual monetary loss, whichever is greater, (2) seek an injunction, or (3) both.[4]
  • In the event of a willful violation of the TCPA, a subscriber may sue for up to three time the damages, i.e. $1,500, for each violation.[5]

 

Each LynkIT customer is responsible for the activities of its users and, by accepting service from LynkIT, is agreeing to ensure that its customers/representatives or end-users abide by this Policy. Complaints about customers/representatives or end-users of a LynkIT customer will be forwarded to the LynkIT customer’s postmaster for action.  If violations of the LynkIT Acceptable Use Policy occur, LynkIT reserves the right to terminate services with or take action to stop the offending customer from violating LynkIT’s AUP as LynkIT deems appropriate, without notice.

Use of any LynkIT Service constitutes full and unconditional acceptance of the conditions outlined in this policy.