ACCEPTABLE USE POLICY (AUP)

Last Updated: 01/15/23

Purpose. Managed Communications LLC and its affiliates (collectively, “Managed Communications LLC”) have drafted this Acceptable Use Policy (“AUP”) to encourage the responsible use of Managed Communications LLC’s and Managed Communications LLC’s underlying carriers’ networks, systems, services, websites and products (collectively, the “Managed Communications LLC Services”) by our Customers and other users of the Managed Communications LLC Services (collectively, “Users”), and to enable Managed Communications LLC to provide Users with secure, reliable and productive services. By using the Managed Communications LLC Services, Users consent to be bound by the terms of this AUP. Managed Communications LLC reserves the right to make revisions to this AUP in its discretion at any time. Such modifications will be effective when posted. Any use of the Managed Communications LLC Services after such modification shall constitute acceptance of such modification.

Warning/Suspension/Termination. Users’ failure to comply with this Policy shall constitute a violation by Customer as deemed in Managed Communications LLC’s sole discretion (“Violation”), with each such failure constituting a separate Violation. A Violation of this Policy may result in a warning, suspension, or termination of Services and/or termination of Customer’s Agreement. Users shall immediately notify Managed Communications LLC if they know or have a reasonable suspicion that a User of the System is using it in Violation of this Policy. Managed Communications LLC may take such further action as Managed Communications LLC deems to be appropriate under the circumstances to eliminate or preclude repeat violations, and Managed Communications LLC 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 Managed Communications LLC’s exercise of its rights under this AUP. Customers shall contractually require that all Users comply with this Policy.

Miscellaneous. Failure of Managed Communications LLC to enforce this Policy or take any action with respect to a Violation shall not constitute a waiver of its right to enforce any other Violation. Managed Communications LLC takes no responsibility for any material created or accessed via the System and does not monitor, verify, warrant or validate the integrity, accuracy and quality of information it receives or transmits, but reserves the right to do so in the event it has a good faith suspicion that a User may have violated this Policy.

1. Illegal Use. Managed Communications LLC Services shall not be used for any illegal purpose, and must be used in compliance with all applicable government regulations. Any use of the System for the transmission, distribution, retrieval, or storage of material (“Transmission”) that violates any law or is in furtherance of any criminal enterprise is prohibited, including, but not limited to, the following: (i) Intellectual property – unauthorized Transmission of material protected by privacy, publicity, or other personal rights and Intellectual Property rights, including but not limited to, patent, copyright, trade secret, or other intellectual property rights; (ii) Inappropriate content – any Transmission of material that is obscene or constitutes child pornography, material that is libelous, defamatory, hateful, or that constitutes an illegal threat or abuse; and (iii) Export control – unauthorized Transmission of any material that may violate export control laws or other regulations. (iv) Engaging in any unsolicited advertising, marketing, or other unlawful activities using the Services, including, without limitation, any activities that violate laws applicable to advertising, electronic communications, and telemarketing, including, but not limited to, Section 5 of the FTC Act (15 U.S.C. § 45), the CAN-SPAM Act (15 U.S.C. §§ 7701-7713), the Telemarketing Consumer Fraud and Abuse Prevention Act (15 U.S.C. §§ 6101-6108), the Federal Trade Commission Telemarketing Sales Rule (16 C.F.R. § 310 et seq.), the Telephone Consumer Protection Act (47 U.S.C. §§ 227), the Federal Communications Commission regulations (47 C.F.R. 64.1200 et seq.) and orders implementing the Telephone Consumer Protection Act, and all federal and state Do Not Call and calling-time restriction laws and regulations; and/or (v) Creating a false identity, forged email address or header, phone number, or otherwise attempting to mislead others as to the identity of the sender or the origin of a message or phone call, including failing to comply with the Truth in Caller ID Act.

2. Harmful Content. Users shall not use the Managed Communications LLC Services to transmit, distribute or store material that may be harmful to or interfere with the Managed Communications LLC Services or any third party’s networks, systems, services, or web sites.

3. Fraudulent/Misleading Content. Users shall not use the Managed Communications LLC 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. In addition, Users are prohibited from submitting any false or inaccurate data on any order form, contract or online application, including the fraudulent use of credit cards.

4. Inappropriate Actions. Users shall not use the Managed Communications LLC Services to conduct activities that may be harmful to or interfere with the Managed Communications LLC Services or any third party’s networks, systems, services. Users are prohibited from violating or attempting to violate the security of the Managed Communications LLC Services or the 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. Managed Communications LLC will investigate such activity, and may involve and cooperate with law enforcement authorities in prosecuting Users involved in such activity.

5. Responsibility for Content. Managed Communications LLC takes no responsibility for any material created or accessible on or through the Managed Communications LLC Services. Managed Communications LLC is not obligated to monitor or exercise any editorial control over such material, but reserves the right to do so. If Managed Communications LLC becomes aware that any such material may violate this AUP and/or expose Managed Communications LLC to civil or criminal liability, Managed Communications LLC reserves the right to block access to such material and suspend or terminate any User creating, storing or disseminating such material. Managed Communications LLC 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 Managed Communications LLC deems responsible for the wrongdoing.