Acceptable Use Policy

This Acceptable Use Policy (the “Policy”) applies to Dripcel, and all affiliated entities. This Policy outlines prohibited activities for users of Dripcel’s services (the “Services”). It applies to each customer of Dripcel and any users accessing the Services through a customer (collectively with the customer, “Users”). All capitalized terms not defined herein are as per the customer’s agreement(s) (“Agreement”) with Dripcel.

1. Purpose

This Policy aims to protect the Services provided by Dripcel, Dripcel’s network, its users, and the broader internet community from improper and/or illegal activities. Any activity violating this Policy is prohibited.

2. Prohibited Activities

Failure to comply with this Policy constitutes a violation (“Violation”) as determined by Dripcel’s sole discretion, with each instance considered a separate Violation. Violations may result in suspension or termination of service and/or the customer’s Agreement. Customers must promptly notify Dripcel of any suspected violations by users. Customers must also contractually require all users to comply with this Policy. Prohibited activities include but are not limited to:

2.1. Illegal Use

Using the Services to break any law is strictly forbidden. This prohibition includes, but is not limited to, violations such as those outlined in the Telephone Consumer Protection Act, “slamming,” or similar activities. Any utilization of the Services for the transmission, distribution, retrieval, or storage of material (“Transmission”) that infringes any law or supports any criminal activity is banned, including, without limitation, the following:


(i) Intellectual Property. Unauthorized Transmission of material safeguarded by patent, copyright, trade secret, or other intellectual property rights (including, without limitation, violations of the Digital Millennium Copyright Act);


(ii) Inappropriate Content. Transmission of material that is obscene, constitutes child pornography, is libelous, defamatory, hateful, or constitutes illegal threats or abuse;


(iii) Export Control. Unauthorized Transmission of any material that may breach export control laws or other regulations;


(iv) Forging of Headers. Misrepresenting or forging message headers to obscure the originator of a message;


(v) CAN-SPAM ACT. Non-compliance with all provisions of the CAN-SPAM Act (15 U.S.C 7701, et. seq., and 16 CFR Part 316);


(vi) Dripcel telephone numbers must not be used by customers or any downstream customers for illegal robocalls, spam calls or messages, or any communications intended to harass, defraud, or steal money or information from the recipient.


2.2. Services and Network Security

Dripcel provides no guarantee and assumes no liability for the security and integrity of any data or information transmitted by a User over the Internet. The Services are subject to CALEA compliance. Any attempts to breach system and network security measures are considered Violations and may result in criminal and civil liability. Such Violations include, but are not limited to:


(i) Unauthorized Access: Users are prohibited from attempting to gain unauthorized access to or interfering with the normal functioning and security of Dripcel’s network, or any other system, computers, accounts, or networks, including intentionally breaching firewalls or security measures of another company’s or individual’s system (hacking).


(ii) Unauthorized Monitoring: Users must not attempt to monitor any information on any network or system without proper authorization from the network administrator.


(iii) Interference: Users are prohibited from attempting to intercept, redirect, or otherwise interfere with communications intended for others.


(iv) Fraud/Forgery: Users must not impersonate another party by altering IP addresses or forging TCP-IP packet header information within an email or newsgroup posting.


(v) Denial of Service Attacks: Users must not initiate or further a denial of service attack or otherwise flood or attempt to overload a system.


(vi) Virus Transmission: Users must not intentionally or negligently transmit files containing a computer virus, Trojan Horse, worms, corrupted data, or engage in other destructive activities.


2.3. E-mail and Usenet News


The Customer is responsible for monitoring the use of the Service, and Dripcel is not obligated to monitor such use. The Customer agrees that the following activities are considered Violations:


(i) Unsolicited E-mail: The Services must not be used to transmit SPAM or collect responses from excessive volumes of unsolicited commercial e-mail messages. SPAM refers to unsolicited bulk e-mail sent to a recipient where: (a) the recipient’s personal identity or context is irrelevant because the message is equally applicable to other potential recipients, and (b) the recipient has not provided verifiable, deliberate, explicit, and still-revocable permission for it to be sent. Using another provider’s service to send unsolicited commercial or bulk e-mails, SPAM, or mass mailings to promote a site hosted on or associated with the Services is also prohibited;


(ii) E-mail Relay: The use of another party’s e-mail server to relay e-mail without explicit permission from that party is prohibited;


(iii) Usenet: All postings by Users to USENET groups must comply with the group’s charter and other applicable guidelines and policies. Cross-posting and continuous posting of off-topic messages, including commercial messages, is prohibited;


(iv) Bulk E-mail: The Service must not be used to send bulk emails unless the recipient has provided verifiable permission for their address to be included on the specific mailing list by confirming (responding to) the subscription request verification. (“Closed-Loop Opt-In”);


(v) Blacklisted IP-Address: The Customer must not allow an IP-Address registered to Dripcel and used by the Customer to become blacklisted, banned, or blocked by any third-party monitoring improper or illegal use of the Internet.


2.4. Complaints

If Dripcel receives any complaints from third parties regarding a User’s use of the Services (“Complaints”), the Customer must respond to such Complaints within twenty-four (24) hours to Dripcel’s reasonable satisfaction. Failure to respond adequately will be considered a Violation, permitting Dripcel to take any actions outlined in Section 3. Furthermore, if Dripcel receives more than five (5) Complaints within a one-month period or more than ten (10) Complaints within any ninety-day period, it will be considered a Violation, authorizing Dripcel to take any of the actions described in Section 3.


Should Dripcel have a good faith suspicion that the Customer is violating Section 2, the Customer must, within twenty-four (24) hours of Dripcel’s request, provide a copy of any Transmission or email that caused the suspicion or generated a Complaint, along with the recipient’s consent to receive such Transmission or email. The Customer must ensure the recipient’s privacy is protected in this process.


3. Warning/Suspension/Termination

In the event of a Violation, Dripcel reserves the right, at its sole and absolute discretion, to take any or all of the following actions:


(i) Warning: Dripcel may issue a verbal, email, or written warning to notify the Customer of the Violation and outline the necessary corrective actions. This warning may also indicate that Dripcel will suspend or terminate all or part of the Customer’s service if any further Violation occurs.


(ii) Suspension: Dripcel may suspend, with or without prior notice, all or part of the Customer’s Service. Restoration of such service may be conditioned upon the Customer taking corrective actions.


(iii) Termination: Dripcel may terminate all or part of the Customer’s service and may also terminate the Customer’s Agreement, with or without prior notice and regardless of whether a prior suspension has occurred. This action list is not exhaustive, and suspension or termination of the Customer’s Service is not an exclusive remedy, nor does it affect any other rights Dripcel may have under the Agreement. Dripcel shall not be liable to the Customer or Users if the Customer’s Agreement is terminated or a User’s service is suspended or terminated in accordance with this Policy.


4. Miscellaneous

Dripcel’s failure to enforce this Policy does not waive its right to enforce future violations. Dripcel does not monitor or validate the integrity of information transmitted through the Services but reserves the right to do so if a violation is suspected. Dripcel will cooperate with law enforcement and government agencies investigating illegal or inappropriate activity. This Policy may be modified at any time, effective upon posting or notification to customers.