Acceptable Use Policy
- 1.1. Talkincloud’s Services and network must only be used by Customers in a responsible manner. To this end, this Acceptable Use Policy (“AUP”) defines the acceptable practices for the use of Talkincloud’s Services; protects the interests, reputation and resources of Talkincloud and its Customers; and protects, as far as Talkincloud is reasonably able, the public Internet community as a whole.
- 1.2. By using Talkincloud’s Services, Customer acknowledges that it has read, understood and agrees with the terms of this AUP. Customer must ensure that all Users comply with this AUP and all Users will be deemed to have consented to the provisions of this AUP, including Talkincloud’s right to terminate service for violations of this AUP.
- 1.4. Any complaints or enquiries regarding a breach of this AUP may be sent by email to firstname.lastname@example.org. Talkincloud will reasonably investigate incidents involving such violations. If necessary, Customer shall provide reasonable assistance to Talkincloud for this investigation and cooperate with any law enforcement or regulatory authority to investigate claims of illegal or inappropriate behavior.
- 1.5. Talkincloud will not, as an ordinary practice, monitor the communications of Customers to ensure that they comply with Talkincloud policy or applicable law. However, Talkincloud reserves the right to, where feasible, implement technical mechanisms to prevent violations of this AUP or to comply with orders of legal authorities.
- 1.6. Talkincloud has sole discretion to interpret this AUP and determine whether a Customer or User has violated it.
- 1.7. This AUP forms an integral part of the Agreement between Talkincloud and Customer. The present AUP automatically replaces and supersedes any other AUP previously accepted by Customer.
- 1.8. Notwithstanding anything herein to the contrary, a violation of this AUP by a Customer’s User shall be considered a violation of this AUP by Customer.1.9. Talkincloud may modify this AUP from time to time. Any such modification is effective immediately. Use of the Services after a modification is made and informed through any means to the Customer, will constitute Customer’s acceptance of the revised terms of the AUP.
- 1.9. Talkincloud may modify this AUP from time to time. Any such modification is effective immediately. Use of the Services after a modification is made and informed through any means to the Customer, will constitute Customer’s acceptance of the revised terms of the AUP.
2. Service characteristics and limitations
- 2.1. In no event shall Talkincloud be liable to its Customers or any third party for any injury or loss resulting from inaccurate, unsuitable, offensive, illegal or unlawful use of the Services or any direct, indirect, special, or consequential damages arising from claims alleging that a Customer engaged in conduct that violates this AUP.
- 2.2. Customer accepts that Talkincloud’s network, website and API are provided on an “as is” basis and are not guaranteed to be error free. Communications and transactions conducted online may not be free of faults or absolutely secure. System failure may occur, and could limit Customer’s accessibility to the Services.
3. Restricted uses
3.1. Talkincloud network
- 3.1.1. Customers may not use the Talkincloud network or Services in any manner which: (a) violates an applicable law, regulation, treaty, tariff or the Agreement (b) violates the acceptable use policies of any networks, facilities, or services accessed through the Services; (c) infringes the intellectual property rights of Talkincloud or others; (d) violates the privacy of others; or (e) involves deceptive or fraudulent marketing practices.
- 3.1.2. Customer shall not use the Service, and shall require Users not to use the Service, for the transmission of information or the offering of any service which is contrary to any applicable law or regulation, abusive, harmful, threatening, defamatory, pornographic or which could be considered offensive in any other way.
- 3.1.3. Customer shall not make outgoing calls or send Messages or faxes using a Talkincloud Number as CLI via a third party provider, unless mutually agreed in writing by the parties.
- 3.1.4. If Customer utilizes any CLI format other than E.164 format, Customer shall be fully responsible for any consequences resulting from the altered presentation.
- 3.1.5. Should Customer resell Talkincloud’s services, Customer shall not violate the guiding principles on CLI presentation (“CLIP”) and CLI restriction (“CLIR”). In particular, Customer will (i) upon terminating a call, show the CLI when the caller opted for CLIP and block CLI presentation when the caller opted for CLIR, and (ii) keep CLI information confidential and only make use of CLI information for the purpose of providing a telecommunication service (e.g. call conveyance, operator assistance, emergency services, billing and managing the network).
- 3.1.6. Customer warrants that all CNAM information it uses for the origination of voice calls and Messages is not misleading, inaccurate, deceptive or fraudulent.
- 3.1.7. Customer shall implement appropriate measures to prevent fraudulent traffic on the Talkincloud network.
- 3.1.8. Customer shall not use the Talkincloud network for any type of Spam related activities and shall ensure that its Users shall not send any Spam through Talkincloud’s Service. In the event that Talkincloud deems a transaction to be Spam, Talkincloud will have the right to disconnect the relevant Number immediately and without prior notice.
- 3.1.9. Customer shall only use the call diversion feature (i.e. sending calls and Messages on the Talkincloud network from non-Talkincloud Numbers) to originate calls or Messages with CLI that is assigned to Customer by another operator and/or which Customer is authorized to use with Talkincloud’s Services. Customer shall not use the call diversion feature with non-Talkincloud CLI for which it has no such authorization.
- 3.1.10. Customer shall not use the Services in any way that causes degradation to communications or network failure.
- 3.1.11. Customer shall not violate the Service Restrictions for any country’s Numbers and Services.
3.2. Inbound and Outbound Voice Services
- 3.2.1. Voice Services shall not be used for call-back applications or any applications that primarily use signaling resources, as opposed to Channels. To the extent Talkincloud incurs costs resulting from call-back or signaling-based applications by Customer or any of its Users, Talkincloud will pass on such costs entirely to Customer. For the purposes of this clause, a “call-back application” shall mean an application that uses signaling resources that returns a call to the number of the calling party.
- 3.2.2. Before using a Number for calling card purposes, Customer will consult with Talkincloud to determine whether this is allowed in the country/area the Number is associated with.
3.3. Messaging Services
- 3.3.1. Customer shall refrain from sending any Messages which are offensive, abusive, indecent, defamatory, obscene or menacing, a nuisance or a hoax, in breach of any law or anyone’s privacy, or is otherwise unlawful. In the event such Messages are sent by Customer or its Users, Customer shall have the obligation to promptly cooperate with Talkincloud and take immediate actions to cease such activities.
- 3.3.2. Customer acknowledges that the Messaging Service, as provided by Talkincloud, is not a marketing service.
- 3.3.3. The Messaging Service is a P2P service and may be used by Customers or Users for sending P2P traffic only. Messages must be initiated by human interaction. The Messaging Service cannot be used for sending bulk notifications or other marketing campaigns which do not comply with the usage of long virtual numbers and fall outside the scope of national regulatory or industry guidelines (such as the CTIA Messaging Principles and Best Practices).
- 3.3.4. Mobile Numbers shall not be used with a corresponding IMSI to provide a SIM-based network access service.
- 3.3.5. Talkincloud may limit the total amount of Messages that can be sent per day by a Number to a given country. It is Customer’s sole responsibility to consult these limitations in the Service Restrictions.
- 3.3.6. Talkincloud’s Messaging Service must be used for the purposes of engaging in a bi-directional conversation with the end user. As such, one-way messaging activities are explicitly prohibited.
- 3.3.7. Mobile Numbers may only be used for services offering Mobile Usage and/or specific features, such as Messaging Service.
- 3.3.8. Mobile Numbers may only be assigned to physical persons and used for P2P communications only.
3.4. Emergency Services
- 3.4.1. Customer must not permit emergency calls to be placed from locations other than the location Customer has registered an activated Number, unless expressly permitted in a country’s Service Restrictions. Talkincloud is not liable for any failure of Customer to maintain up to date location information for an activated Number.
- 3.4.2. Customer shall participate in test calls if requested by Talkincloud in order to ensure operability. If Customer refuses to do so, Talkincloud will not be liable for any damages that could have been avoided by participating in the testing.
- 3.4.3. Customer acknowledges the limitations VoIP-based emergency calling services and is responsible for communicating such limitations to Users.
- 3.4.4. Customer shall always transmit the true UserCLI associated with an activated Number on all Emergency Services calls. Customer may be assessed a fee of up to 1000 USDper day if Talkincloud discovers it is transmitting the CLI of an activated Number for Users not assigned that activated Number.
- 3.4.5. If Customer resells Talkincloud’s Emergency Services, Customer shall not block or limit access to Users, even when they are in breach of their contract with Customer.
- 3.4.6. Customer acknowledges that the activation of a Number for Emergency Services or a change of a User’s location information may require up to seven (7) Business Days to fully complete.
3.5. Directory Services
- 3.5.1. Customer is solely responsible for the accuracy of the data provided to Talkincloud, and Talkincloud reserves the right to exclude any incorrect, incomplete or non-compliant data from publication.
- 3.5.2. Customer agrees that the directory information published in the universal directory of the country where the Number was allocated may also be transferred to other commercial directory services providers of the country.
- 3.5.3. Customer acknowledges and agrees that the name, address and Number details published in the applicable directory services will also be available for reverse query (i.e., search based on the Number to identify the name and address of the User).
- 3.5.4. Talkincloud may decline to publish directory information that fails to meet the regulatory requirements for a country.
4. Suspicious traffic
- 4.1. Talkincloud may monitor any fluctuations in Outbound Voice traffic. Should Talkincloud detect any unusual or suspicious traffic, it may, at its sole discretion and without prejudice to any right which it might have to terminate the Agreement, elect to partially suspend any suspicious traffic until further notice.
- 4.2. Notwithstanding detection of any unusual or suspicious traffic, Customer understands and agrees that any suspicious or fraudulent traffic will be fully charged by Talkincloud to Customer.
5. Consequences of prohibited uses
- 5.1. Talkincloud may act to stop any violations of this AUP. Talkincloud may take immediate action, without regard to any cure periods in the Agreement, in response to such violation, including, but not limited to, termination of the Agreement.
- 5.2. Talkincloud may refer violators of this AUP to civil or criminal authorities for prosecution and will fully cooperate with any investigation or proceeding initiated by government authorities.
- 5.3. Talkincloud may disclose information transmitted over its facilities where necessary to protect Talkincloud and its Customers from harm, or where such disclosure is necessary to the proper operation of the system.
- 5.4. In case of prohibited activities by Customer or a User, Talkincloud reserves the right to charge Customer to cover the administrative expenses related to these activities, including, but not limited to, recovery of the costs of identifying offenders and restricting or terminating access to the services.
6. Exceptional Usage
Should Customer expect a substantial increase in usage volume in any country or geographic zone, Customer must inform Talkincloud via email to sales@Talkincloud.com or its account manager so that Talkincloud may provision capacity accordingly. Failure to do so in a timely manner may result in the temporary suspension of Customer’s traffic in such countries or zones in accordance with Talkincloud’s reasonable network management practices.
7. Reasonable Network Management
Talkincloud reserves the right to manage network capacity to alleviate congestion. Should Talkincloud experience severe congestion that threatens the continuity or quality of its Services, Talkincloud may temporarily suspend the Services of any Customer to ensure a fair distribution of the available capacity for all Customers. Talkincloud will, whenever possible, provide advance warning to Customer of any congestion-related suspension.
- 8.1. Customer may not transfer its account to any third party without prior written consent of Talkincloud and the completion of Talkincloud’s Transfer of Account form.
- 8.2. Customer is responsible for protecting the confidentiality of its password and user account. If Customer has reason to believe that the security of its password might have been compromised, Customer should promptly contact its account manager.