Acceptable Use Policy

POPP Communications (POPP) has formulated this Acceptable Use Policy (AUP) in order to encourage the responsible use of POPP’s networks, systems, services, web sites and products (collectively, the “POPP Network and Services”) by our clients (collectively, “Clients”) and any other users of the POPP Network and Services (collectively, “Users”), and to enable us to provide Clients and Users with secure, reliable and productive services. By using the POPP Network and Services, Clients and Users consent to be bound by the terms of this AUP. POPP reserves the right to modify this AUP in its discretion at any time. Such modifications will be effective when posted. Any use of the POPP Network and Services after such modification shall constitute acceptance of such modification.

This Acceptable Use Policy is designed to assist in protecting POPP, the POPP Network and Services, our Clients, other Users and the Internet community as a whole from improper and/or illegal activity over the internet and/or Public Switched Telephone Network (PSTN), to improve service and service offerings. In situations where data or voice communications are carried across other Internet Service Providers (ISPs) and/or other Telco Carriers on the PSTN, the Clients and Users of POPP’s Network and Services must also conform to the applicable acceptable use policies of such other Internet Service Providers, Content Providers, Telco Carriers, or other parties involved in the end-to-end exchange of voice and/or data information.

Suspension; Termination. Any Client or User which POPP determines to have violated any element of this AUP may be subject to a suspension or termination of service. POPP will suspend service for violation of the AUP on the most limited basis as POPP determines is reasonably practical under the circumstances to address the underlying violation. POPP will attempt to notify Client prior to suspending service for violation of the AUP (which may be via e-mail or telephone). POPP may suspend service without notice if POPP 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 POPP to criminal or civil liability or that exposes the POPP network or POPP clients’ network or property to harm. Such harm to a network may include, but is not limited to, risk of having an IP address placed on blacklists. POPP may take such further action as POPP determines to be appropriate under the circumstances to eliminate or preclude repeat violations, and POPP shall not be liable for any damages of any nature suffered by any Client, User, or any third party resulting in whole or in part from POPP’s exercise of its rights under this AUP.

PROHIBITED CONTENT:

In General. The POPP Network and Services must be used in a manner that is consistent with the intended purpose of the POPP Network and Services and may be used only for lawful purposes. Clients and Users shall not use the POPP Network and Services to transmit, distribute or store material: (a) in violation of any applicable law or regulation, including export or encryption laws or regulations; (b) that may adversely affect the POPP Network and Services or other POPP clients; or (c) that may expose POPP to criminal or civil liability. Clients and 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. Clients and Users shall not use the POPP Network and Services to transmit, distribute or store material that is inappropriate, as reasonably determined by POPP, or material that is obscene (including child pornography), defamatory, libelous, threatening, abusive, hateful, or excessively violent.

Excessive Consumption of Network and Services. Clients and Users may not consume bandwidth or telephone capacity in such a way that restricts, inhibits, interferes with or otherwise disrupts or causes a performance degradation or manipulation, regardless of intent, purpose or knowledge to other POPP Clients and Users or any POPP host, server, backbone network element, node or service, or otherwise cause a performance degradation or manipulation to any POPP facilities used to deliver the Network and Services.

Intellectual Property. Material accessible through the POPP Network and 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. Clients and Users shall not use the POPP Network and 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 the POPP Network and Services, you must not use that domain name in violation of the trademark, service mark, or other rights of any third party.

Harmful Content. Clients and Users shall not use the POPP Network and Services to transmit, distribute or store material that may be harmful to or interfere with the POPP Network and 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 Identity or Content. Clients and Users shall not use the POPP Network and Services to transmit or distribute via electronic means or via the telephone, material or messaging containing fraudulent offers for goods or services, or any advertising or promotional materials that contain false, deceptive, or misleading statements, claims, or representations (including withholding, masking, or falsifying caller ID identity) to obtain anything of value, or otherwise use the POPP network to conduct any illicit/illegal activities.

E-mail and Unsolicited Messages or Telephone Calls. Clients and Users shall not use the POPP Network and Services to transmit unsolicited e-mail messages, including, without limitation, unsolicited bulk e-mail, where such e-mails could reasonably be expected to provoke complaints (“spam”). Further, Clients and Users are prohibited from using the service of another provider to send spam to promote a site hosted on or connected to the POPP Network and Services. In addition, Clients and Users shall not use the POPP Network and Services in order to (a) send e-mail messages which are excessive and/or intended to harass or annoy others, (b) continue to send e-mail messages to a recipient that has indicated that he/she does not wish to receive them, (c) send e-mail with forged TCP/IP packet header information, (d) send malicious e-mail, including, without limitation, “mail-bombing”, (e) send or receive e-mail messages in a manner that violates the use policies of any other Internet service provider, or (f) conduct telephone calling activity which could reasonably be expected to provoke complaints or be classified as “spam calling”, or (g) conduct telephone calling activity which is excessive and/or intended to harass or annoy others, or (h) continue to place telephone calls to a recipient that has indicated that he/she does not wish to receive them.

Third Party Rules. Clients and Users may have access through the POPP Network and Services to search engines, subscription Web services, chat areas, bulletin boards, Web pages, USENET, or other services that maintain rules, guidelines or agreements to govern their use. Clients and Users must adhere to any such rules, guidelines, or agreements.

Inappropriate Actions. Clients and Users shall not use the POPP Network and Services to conduct activities that may be harmful to or interfere with the POPP Network and Services or any third party’s networks, systems, services, or Web sites, including, but not limited to, flooding, mail bombing, or denial of service attacks. Clients and Users are prohibited from violating or attempting to violate the security of the POPP Network and Services or the computers, accounts, or networks of another party. Clients and 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. POPP will investigate such activity, and may involve and cooperate with law enforcement authorities in prosecuting Clients and Users involved in such activity.

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

Violations of this AUP may be reported at the following link: abuse@popp.com