Effective: September 1, 2020
This Acceptable Use Policy (“AUP”) applies to Customer’s use of the Ricochet360 Platform pursuant to the Master Subscription and License Agreement (the “Agreement”). Except as otherwise expressly set forth in a Service Order, in the event of any conflict or inconsistency among the following documents, the order of precedence shall be (1) this AUP, (2) the Agreement, and (3) a Service Order. Capitalized terms in this AUP that are not otherwise defined in this AUP have the meanings given in the Agreement.
1. GENERAL COMPLIANCE. In connection with its access to or use of the Ricochet360 Platform, Customer is solely responsible for compliance with, and ensuring Authorized Users’ compliance with, all Applicable Laws, including, without limitation, laws regulating telecommunications and information services, such as (a) the Telephone Consumer Protection Act, 47 U.S.C. § 227, et seq. (“TCPA”), (b) the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003, 15 U.S.C. § 7701, et seq. (“CAN-SPAM Act”), and (c) the Do-Not-Call Implementation Act of 2003, 15 U.S.C. § 6101, et seq. (“DNC Act”). Customer assumes all responsibility and liability for its use of the Ricochet360 Platform in compliance with any Applicable Laws. A violation of any Applicable Laws may result in substantial liabilities, penalties, and other sanctions. Any Customer intending to use the Ricochet360 Platform for solicitation purposes or for any other purpose regulated by Applicable Laws should consult with its own legal counsel, prior to entering into the Agreement and use of the Ricochet360 Platform, to determine the extent of permissible activities.
2. GENERAL PROHIBITED USES. Customer agrees not to use, and not to encourage or allow any Authorized User to use, the Ricochet360 Platform in the following prohibited ways:
2.1 In any manner that is or otherwise encourages (i) any illegal, fraudulent, or abusive activities, (ii) materially interfering with the business or activities of Speed to Contact or harms other Speed to Contact customers, or (iii) any activities in violation of the Ricochet360 Platform license restrictions and prohibited uses set forth in Section 2.3 of the Agreement.
2.2 To violate or facilitate the violation of any Applicable Laws including, without limitation, (i) laws related to the use of telephones, automated telephonic equipment, automatic telephone dialing systems, artificial or prerecorded voice messages, ringless voicemails, short message services (SMS) or multimedia messaging services (MMS) (together, “text messages”), electronic mail (“email”), facsimile (“fax”), or other telephony or telecommunications products and services; (ii) laws related to the transmission of data and recording or monitoring of telephone calls or other forms of communication; (iii) laws that prohibit engaging in any unsolicited advertising, marketing, or transmission of communications; (iv) anti-spam laws such as the TCPA, the CAN-SPAM Act, and the DNC Act; or (v) privacy or data protection laws
2.3 In connection with unsolicited, unwanted, or harassing communications (commercial or otherwise), including, but not limited to, telephone calls, voicemail, text messages, email, or faxes.
2.4 To harvest or otherwise collect information about individuals, including personal information such as name, address, email address or telephone number, without their explicit consent or under false pretenses.
2.5 To record or monitor a telephone call or other communication without securing consent from the participants to the telephone call or other communication as required under Applicable Law (including, as applicable, California’s Invasion of Privacy Act and similar laws in other jurisdictions).
2.6 In any manner that generates inquiries from a law enforcement, government, or regulatory agency or triggers such an agency to request the suspension of the Ricochet360 Platform to Customer or Customer’s assigned telephone numbers.
2.7 In any manner that generates inquiries from a telecommunications provider or causes a telecommunications provider to complain about such use to Speed to Contact or materially violates: (i) industry standards, policies, and applicable guidelines published by (A) the Cellular Telecommunications Industry Association (“CTIA”), (B) the Mobile Marketing Association (“MMA”), or (C) any other generally recognized industry associations; or (ii) telecommunications provider guidelines and usage requirements as communicated in writing by Speed to Contact to Customer.
2.8 In connection with creating a false identity or forged telephone number or email address, or otherwise attempting to mislead others as to the identity of the caller or sender or the origin of a telephone call, text message, or email.
2.9 To transmit any material, data, or content that infringes the intellectual property rights or any other rights of third parties.
2.10 To transmit any material, data, or content that is offensive, inappropriate, pornographic, obscene, illegal, or otherwise objectionable to any person or entity.
2.11 To transmit any material, data, or content that is, facilitates, or encourages libelous, defamatory, discriminatory, or otherwise malicious or harmful speech or acts to any person or entity, including but not limited to hate speech, and any other material or content that Speed to Contact reasonably believes degrades, intimidates, incites violence against, or encourages prejudicial action against anyone based on age, gender, race, ethnicity, national origin, religion, sexual orientation, disability, geographic location or other protected category.
3.1. Telephone Prohibited Uses. Customer is prohibited from making telephone calls on the Ricochet360 Platform where telephone calls, in a given month, result in (a) a high volume of unanswered outbound telephone calls, (b) a low average outbound call duration (i.e., outbound telephone calls, on average, that are generally less than twelve (12) seconds in length), or (c) outbound telephone calls that are too short in duration (i.e., outbound telephone calls generally less than twelve (12) seconds in length). Speed to Contact will cooperate in trace back investigations by identifying the upstream provider from which the suspected illegal robocall entered Speed to Contact’s network or by identifying its own Customer if the call originated in Speed to Contact’s network.
3.2 Telemarketing Safe Harbor Message. Any Customer engaging in telemarketing sales and utilizing the Ricochet360 Platform to do so agrees to record and maintain a “Safe Harbor Message” in compliance with the Federal Trade Commission’s (the “FTC”) Telemarketing Sales Rule by stating the name and telephone number of the seller on whose behalf a call is placed
4. TEXT MESSAGING USE.
4.1 Text Message Definitions:
(a) “Content” means any content transmitted by Customer to Subscribers via SMS messages utilizing the Ricochet360 Platform.
(b) “Device” means any hardware capable of receiving or sending SMS messages.
(c) “Operator” means the wireless carrier (e.g. Verizon, AT&T, Sprint, etc.) upon which the SMS messages are transmitted utilizing the Ricochet360 Platform.
(d) “Subscriber” shall mean the consumer or end-user on a wireless telecommunications network that sends or receives messages via a wireless Device. A Subscriber is the consumer of the messaging services provided by Speed to Contact, performed by Customer, as enabled by the Operator.
4.2 Subscriber List. Customer represents and warrants that all lists of Subscribers or telephone numbers provided to Speed to Contact or used in connection with the Ricochet360 Platform (collectively “Subscriber List”) and all messages to be sent hereunder to the Subscriber List, including but not limited to, the opt in and out procedures (collectively “Subscriber Procedures”) are in compliance with any and all Applicable Laws, including, without limitation, TCPA requirements that subscribers have given “prior express consent,” as defined under 47 C.F.R. § 64.1200(f)(8) et seq., to receive telephone calls or text messages at the telephone numbers in the Subscriber List. Customer acknowledges that Speed to Contact is relying upon the representations and warranties made hereunder by Customer regarding the Subscriber List and Subscriber Procedures when entering into the Agreement and would not otherwise provide the Ricochet360 Platform without Customer’s strict compliance with Applicable Laws, including the TCPA.
4.3 Compliance with Operator Policies. Customer shall adhere to the applicable policies of the Operators regarding content, service, Subscriber interaction, and transmission of text messages, and other policies relating to the transmission of text messages that may be issued by specific Operators or from the CTIA, MMA, or any other generally recognized industry associations.
4.4 Content. Customer agrees to be solely responsible for all Content. Customer agrees to be solely responsible for any liability relating to Content or its use of the Ricochet360 Platform relating to the transmission of text messages.
4.5 Liability for Operator Limitations. Customer acknowledges and agrees that with respect to Operator communication services: (a) one hundred (100%) percent of the Content may not be delivered; and (b) neither Speed to Contact nor any Operator will be liable to Customer for any Content (or part thereof) deleted or not delivered, regardless of the reason for deletion or non-delivery including, without limitation, network issues, message processing, Operator action, or transmission errors.
4.6 Facilitator. Customer acknowledges that Speed to Contact is merely a facilitator of text message services and accepts no liability or obligations for changes to Content executed by Operators. Use of the Ricochet360 Platform for text message services involves transmission through Operators or companies other than Speed to Contact and Content may not be private in certain circumstances and may be changed by those other providers to conform and adapt to requirements of their networks and devices. Speed to Contact assumes no responsibility for timeliness, deletions, miss-delivery or failure to store any Content of any text message.
4.7 Use and Privacy of Data. For purposes of this Agreement and as a result of the operation of its Ricochet360 Platform, Speed to Contact collects some of the data generated from the transmission of text messages utilizing the Ricochet360 Platform, including but not limited to the success or failure of the transaction. Customer acknowledges that Operators cannot guarantee the privacy of Content of any text message, and accordingly Customer agrees that neither Speed to Contact nor the Operators will be liable to Customer or any other party for any lack of privacy or security experienced during the transmission of text messages utilizing the Ricochet360 Platform. Customer also acknowledges that to the extent permitted by law, Operators have the right to intercept and disclose any transmissions over their facilities in order to protect their rights or property, to protect the efficient operation of their networks, or to comply with governmental authorities.
4.8 Limitations on Text Liability. Notwithstanding anything in the Agreement to the contrary: (a) the services provided by any Operator relating to transmission of text messages by means of a wireless network or the Internet, are “as is”, “where is” and “when available”; (b) Speed to Contact is not responsible for the availability of any Operator, or the availability or performance of the wireless network or the Internet; and (c) Speed to Contact is not responsible for any damages or costs Customer suffers or incurs as a result of any instructions given, actions taken, or omissions made by Customer.
5. EMAIL USE.
5.2 Internet Service Provider (“ISP”) Reported Bouncebacks. Customer’s email activities shall not result in bounce results, as reported by Internet Service Providers (“ISPs” e.g. Google, Yahoo, Hotmail) in excess of the following ISP limits (exceeding said limits may result in temporary or permanent disabling of Customer’s email service):
||ISP Limit (% of Total Emails)*
||Recipient has flagged the email as spam
||0.3% over 24 hours
||Email is permanently undeliverable
||8.0% over 24 hours
||Email address does not exist
||5.0% over 24 hours
||Email is temporarily undeliverable
||5.0% over 24 hours
5.3. Deliverability. Speed to Contact makes no guarantee with regard to the delivery of email transmitted through the Ricochet360 Platform.
Ricochet360 Acceptable Use Policy – v1 – 9.1.2020