Acceptable Use Policy
This Acceptable Use Policy (“AUP”) is incorporated by reference into your Agreement with RMF — either the Master Services Agreement executed by and between RMF and You or the Terms of Services agreed to by You by signing up for any Service, using the Service, or downloading, installing, or using any application (the “Agreement”). This AUP governs your use of the RMF Sonorous website, RMF Sonorous Mobile Apps and RMF Sonorous Support (each a “Service” and collectively, the “Services”).
RMF Sonorous is committed to providing first class customer service and value to users of our Services. In order to provide the best pricing, support and Services available to all of our users, we retain the right to impose limits on your usage of the Services or to terminate the Services if we reasonably believe that your usage, including, but not limited to, the total number of calls you make, SMS messages you send, or minutes you use is not consistent with normal, fair, and reasonable use of such Services. Wherever reasonably possible, we will give you written notice before taking any such action, and allow a reasonable period to allow you to modify your use.
Illegal or Inappropriate Behavior.
You shall not use the Services for any illegal, fraudulent, improper, or abusive purpose or in any way that interferes with RMF Sonorous’s ability to provide high quality Services to other customers, prevents or restricts other customers from using the Services, or damages RMF Sonorous’s or other customers’ property. If RMF finds that you are using the Services for anything other than the permitted uses in the Agreement or for any of the prohibited uses in the Agreement, RMF Sonorous may at its sole discretion terminate your Service and charge you any applicable fees for the Services used plus damages caused by your improper use. Prohibited uses include, but are not limited to: (1) Behavior that is illegal, obscene, threatening, harassing, defamatory, libelous, deceptive, fraudulent, malicious, infringing, tortious, or invasive of another’s privacy; (2) Sending unsolicited messages or advertisements, including email, voicemail, SMS, or faxes (commercial or otherwise) (“spamming”) in violation of applicable law or regulation, or otherwise sending bulk and/or junk email, voice mail, SMS, or faxes; (3) Negligently, recklessly, knowingly, or intentionally transmitting any material that contains viruses, time bombs, trojan horses, worms, malware, spyware, or any other programs that may be harmful or dangerous; (4) Creating a false Caller ID identity (“ID spoofing”) or forged email/SMS address or header, or otherwise attempting to mislead others as to the identity of the sender or the origin of any communication made using the Services with the intent to defraud, cause harm, or wrongfully obtain anything of value; (5) Using any intellectual property rights protected by applicable laws and contained in or accessible through the Services for the purpose of building a competitive product or service or copying its features or user interface; (6) Using the Services, or permit it to be used, for purposes of product benchmarking or other comparative analysis intended for publication without RMF Sonorous’s prior written consent; (7) Using the Services to develop or enhance any software, software code, or any derivative works of any software without RMF Sonorous’s prior written consent; (8) Using the Services for the purpose of monitoring the Services’ availability, performance, functionality or for any other benchmarking or competitive purposes; (9) Violating any U.S. or foreign law regarding the transmission of technical data or software exported through the Services; (10) Utilizing the Services in excess of what, in RMF Sonorous’s sole discretion, would be expected of normal business use, including without limitation allowing more than one user to use a single line or using a single line in excess of what would be expected of a single user; and (11) Using the Services in any way that interferes with other customers’ and third parties’ use and enjoyment of the Services or use the Services in any manner which disrupts, prevents or restricts any other customer from using the Services.
You further understand and agree that your use of the Services is subject to all applicable local, state, national, and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination, securities laws, and false advertising). In addition, some of RMF Sonorous’s Services are offered on an “unlimited” basis. All unlimited Services may only be used for normal business use and exclude international calling to countries other than Canada, which is available for an additional fee. Unlimited Services also may not be used for any of the following prohibited uses (which are in addition to the other prohibited uses applicable to all Services): trunking or forwarding your RMF Sonorous number to (an)other phone number(s) capable of handling multiple simultaneous calls, or to a private branch exchange (PBX) or a key system; spamming or blasting (e.g., sending one hundred (100) or more bulk and/or junk voicemail simultaneously); bulk call-in lines (e.g., customer support or sales call centers not provided by RMF Sonorous, “hotlines”, 900 numbers, sports-line numbers, etc.); and auto-dialing or “predictive” dialing other than what RMF may itself provide to you (i.e., non-manual dialing or using a software program or other means to continuously dial or place outbound calls). In addition, unusually high usage of the Services may impair RMF Sonorous’s ability to provide high quality Services to others and/or indicate unauthorized use of the Services, in which case, RMF Sonorous may suspend or terminate your Account or, upon prior notice. RMF Sonorous reserves the right to add to, modify or amend this Acceptable Use Policy at any time for any reason at its sole discretion.
RESTRICTIONS ON CONTENT CONTRIBUTIONS AND SUBMISSIONS
You represent, warrant, and agree that you will not contribute any Content (as that term is defined in the “Content Ownership” section below) or user submission (or otherwise use the Services or interact with the Services in a manner that):
- Infringes or violates the intellectual property rights or any other rights of anyone else (including RMF);
- Violates any law or regulation;
- Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- Jeopardizes the security of your RMF Sonorous account or anyone else’s (such as allowing someone else to log in to the Services as you);
- Attempts, in any manner, to obtain the password, account, or other security information from any other user;
- Violates the security of any computer network, or cracks any passwords or security encryption codes;
- Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
- Uses any intellectual property rights protected by applicable laws and contained in or accessible through the Services for the purpose of building a competitive product or service or copying its features or user interface;
- Uses the Services, or permits it to be used, for purposes of product benchmarking or other comparative analysis intended for publication without RMF Sonorous’s prior written consent;
- Uses the Services to develop or enhance any software, software code, or any derivative works of any software without RMF Sonorous’s prior written consent;
- Uses the Services as a direct competitor of RMF or for the purpose of monitoring the Services’ availability, performance, functionality or for any other benchmarking or competitive purposes;
- “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
- Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services. RMF reserves the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers.
Content Ownership and End User License/Restrictions
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, and user submissions (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You agree that you will abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including RMF’s) rights.
You understand that RMF owns the Services. You will not (and will not permit any third party to): (a) rent, lease, provide access to, or sublicense the Services to a third party, (b) use the Services to provide (or incorporate the Services into) any product or service provided to a third party; (c) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the Services except as expressly permitted by applicable law and then only upon advance written notice to RMF; or (d) copy, modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), creative derivative works based on, or otherwise exploit any of the Services.
RMF grants you a limited, personal, revocable, non-exclusive, non-sublicensable, non-assignable, non-transferable, non-resellable license and right to use the RMF Sonorous Services in strict accordance with the Agreement. All rights not expressly granted under the Agreement are retained by RMF, including, but not limited to, no grant of intellectual property rights. You acknowledge and agree that any and all patents, copyrights, trademarks, service marks, trade secrets, and all other intellectual property rights (collectively, “IP Rights”) in the Services are and shall remain the sole and exclusive property of RMF. You will not take any action to jeopardize, limit, or interfere with the IP Rights. You acknowledge and agree that any unauthorized use of the IP Rights is a violation of this Agreement, as well as a violation of applicable intellectual property laws.
You agree that your use of the Services and all transmission of communications using the Services shall at all times remain in compliance with applicable law and/or regulations, including but not limited to, the Federal Telephone Consumer Protection Act of 1991. You further agree that at RMF ’s sole option and without further notice, RMF may use technologies and procedures, such as filters, that may terminate any unsolicited advertisements transmitted in violation of applicable law or regulation without delivering them. RMF may immediately terminate your right to use the Services without liability of any kind in the event of a breach of this restriction and you hereby release and agree to fully, finally, and forever release, hold harmless, and fully indemnify RMF from and against any damages or liabilities of any kind related to any voicemail, broadcast, and/or fax spam or solicitations that you may send and/or receive using the Services.
If you transmit or are otherwise connected with any transmission of voice, fax, email, or other unsolicited marketing messages using the Services in violation of applicable law or regulation, you agree to pay RMF Sonorous its actual damages if those damages can be reasonably calculated. If actual damages cannot be reasonably calculated, you agree to pay RMF liquidated damages of ten dollars ($10.00) for each such unsolicited marketing message transmitted through the Services. You acknowledge that if actual damages cannot be reasonably calculated, these liquidated damages are a reasonable estimation of such damages and are not a penalty.
You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
Certain RMF Sonorous Services provide a function that allows you to record individual telephone conversations. The laws regarding the notice, notification, and consent requirements for recording conversations vary from state to state. In some states, you are required to obtain consent from all parties to record a conversation. You are solely responsible for complying with all federal, state, and local laws in any relevant jurisdiction when using this feature. RMF expressly disclaims all liability with respect to your recording of telephone conversations. You hereby agree to fully, finally, and forever release, discharge, hold harmless, and fully indemnify RMF from and against any damages or liabilities of any kind related to your recording of any telephone conversations using the Services.
Transcribing Calls and Limitations
You understand and agree that RMF Sonorous’s Services may not accurately transcribe calls, voicemails or articulate text messages. You are solely responsible for verifying the accuracy of the message or conversations you have using RMF Sonorous’s Services when using transcription features. Note that the laws applicable to call transcription differ by state, province and country. For some jurisdictions, transcribing recorded calls, recording calls, or even transcribing real-time speech over a call or video is prohibited or requires informed consent by some or all parties to the conversation. We recommend you review the relevant laws of your locality or consult with an attorney regarding your specific circumstances. RMF expressly disclaims all liability with respect to your transcription of telephone conversations. You hereby agree to fully, finally, and forever release, discharge, hold harmless, and fully indemnify RMF from and against any damages or liabilities of any kind related to your transcription of any telephone conversations using the Services.
Voice-to-Text and Text-to-Voice Limitations
Certain RMF Sonorous Services may provide a function that allows voicemails and voice notes to be converted to text and vice versa. You understand and agree that RMF Sonorous’s voice-to-text (“VTT”) and text-to-voice (“TTV”) features may not accurately transcribe voicemails or articulate text messages, respectively. You are solely responsible for checking the original message and verifying the accuracy of the message when using any and all VTT or TTV features. RMF Sonorous expressly disclaims all liability with respect to the conversion of voicemails to text or vice versa. You hereby agree to fully, finally, and forever release, discharge, hold harmless, and fully indemnify RMF Sonorous from and against any damages or liabilities of any kind related to your use of VTT or TTV features when using the Services.
Support and Feedback
RMF Sonorous may provide customer and technical support to you via telephone, chat, forums, FAQ and email for the Services. The types of support provided by RMF is dependent on the products that you purchased and the number of seats using RMF Sonorous in your organization. The types of support provided by RMF is determined entirely by RMF in its sole discretion and may change from time to time. RMF does not make any representations or guarantees that RMF will be able to fully resolve any issues reported by you. Except as provided in this section, RMF has no obligation to provide additional customer support, technical support, or to provide solutions (e.g., bug fixes to software) to any issues that may arise in your particular use of the Services.
From time to time, RMF may send you surveys, comment cards, customer satisfaction forms, or other requests to provide feedback. You hereby grant RMF, its licensors, and suppliers a perpetual, unlimited, worldwide fully-paid up, royalty free license to use all feedback, answers, ideas, comments, or other information you provide to RMF.
Number Porting and Availability
RMF Sonorous will use reasonable efforts to facilitate number transfers or port requests for you, provided that You comply with the necessary and specific procedures for porting between service providers. You acknowledge and understand that number porting depends on the cooperation of third parties outside of RMF Sonorous’s control. Accordingly, you agree that RMF will not be liable for the failure or delay of any third party to cooperate in the porting of any telephone number, or for the allegedly unauthorized porting of any telephone number by a third party.
RMF Sonorous works with third party carrier(s) who, on RMF Sonorous’s behalf, port telephone numbers in accordance with applicable regulatory rules and industry guidelines. RMF Sonorous’s third-party carrier(s) require very specific and detailed information and requirements when completing a port request. Please be informed that you will be required to provide such detailed and specific information to complete a port request. For porting numbers into your RMF Sonorous account, follow the procedures on your account settings page for transferring a number to your RMF Sonorous account. For porting numbers out of your RMF Sonorous account, follow the procedures of your new service provider. You understand that porting your number out of your Account does not automatically terminate your RMF Sonorous account.
RMF Sonorous cannot guarantee requested telephone numbers will be available, that your existing provider will port your number, or that circumstances beyond RMF Sonorous’s control will not prevent or delay a successful port of your number for the Services. You should not order any printed material, such as business cards or stationery, showing a telephone number, or issue any press releases or otherwise publicize any telephone number until that telephone number becomes active on your Account. RMF Sonorous shall not be liable for reimbursement for press releases, business cards, and/or stationery under any conditions.
You understand and agree that RMF Sonorous may from time to time need to change the telephone number or assigned to you (due to an area code split or for any other reason). RMF Sonorous shall not be liable for any damages (including consequential, special damages or other damages) to you in the event that it needs to assign you a new telephone number.
RMF Sonorous 911 Service
FOR USERS OF RMF SONOROUS, ACCESS TO EMERGENCY SERVICES (911) IS NOT AVAILABLE. BY USING RMF SONOROUS SERVICES, INCLUDING PORTING YOUR EXISTING NUMBERS TO RMF SONOROUS, YOU ACKNOWLEDGE THAT YOU SHOULD MAKE ALTERNATIVE ARRANGEMENTS TO REACH 911 AND THAT YOU WILL INFORM ALL BUSINESS COLLEAGUES, HOUSEHOLD RESIDENTS, GUESTS, AND OTHER PERSONS WHO MAY BE PRESENT AT YOUR PHYSICAL LOCATION THAT 911 IS UNAVAILABLE THROUGH RMF SONOROUS FREE.
YOU UNDERSTAND THAT THE RMF SONOROUS MOBILE APPLICATION USES YOUR DEVICE’S DIALER AND CELLULAR TELEPHONE SERVICE TO MAKE CALLS OR SEND TEXTS. IF YOUR DEVICE DOES NOT HAVE CELLULAR TELEPHONE SERVICE, YOU WILL NOT BE ABLE TO CALL FROM THE RMF SONOROUS MOBILE APPLICATION. RMF DISCLAIMS ANY AND ALL LIABILITY RELATING TO YOUR (OR ANY OF YOUR USERS OR THIRD PARTIES) INABILITY TO MAKE ANY CALLS (INCLUDING 911 CALLS) OR ACCESS EMERGENCY SERVICES.
Registration of Physical Locations Required
. If required by RMF Sonorous, We will ask You to register the Registered Location where you will be using RMF Sonorous Service for each phone line you use from RMF Sonorous (e.g., if you purchase RMF Sonorous with three lines, you must provide a Registered Location for each of the three lines). RMF Sonorous will obtain your Registered Location as part of the service initiation process and will not provide RMF Sonorous Service until you have provided your initial Registered Location. However, you must update your Registered Location when you use your RMF Sonorous Service from a new location.
You agree to provide true, accurate, current, and complete Registered Location information to RMF Sonorous as part of the service initiation process and to update as soon as possible your Registered Location with true, accurate, current, and complete information whenever you use your RMF Sonorous Service from a new location. If you provide Registered Location information that is, or that RMF Sonorous suspects to be, false, inaccurate, not current, or incomplete, RMF Sonorous has the right to suspend or terminate the Services and refuse any and all current or future use of all Services, or any portion thereof. You may update your Registered Location by logging on to your account settings page or contacting RMF Sonorous customer support at firstname.lastname@example.org
Operator Assisted Calling, 311, 511, and Other X11 Calling
The Service does not support 0+ or operator assisted calling (including, without limitation, collect calls, third party billing calls, 900, or calling card calls). The Service may not support 311, 411, 511, and/or other X11 calling (other than 911 and 711 as specified in this Agreement) in one or more service areas.
Fraudulent Activity or Erroneous Changes
In the event of suspected fraudulent activity or erroneous charges on your Account, you agree to contact RMF Sonorous as soon as possible. In many cases, RMF Sonorous can mitigate or correct fraudulent activity or erroneous charges without bank or credit card company intervention. If you suspect fraudulent activity or erroneous charges on your RMF Sonorous account, please contact RMF Sonorous customer support at email@example.com. When you contact customer support, please have the following information available: (a) your name, contact information, the RMF Sonorous account telephone number in question, and security verification information; (b) the credit card account number associated with the account; and (c) the total amount in question charged to the account. If you do not contact RMF Sonorous within thirty (30) days after the suspected fraudulent activity or erroneous charges appear on your Account, you waive your rights to object to or challenge such activity or charges. Furthermore, if you request that your bank or credit card company perform a chargeback without first contacting RMF Sonorous, and RMF Sonorous subsequently determines that the charges at issue are not erroneous, RMF Sonorous reserves the right to terminate your account immediately and take any available legal action. Notwithstanding the above, you are solely liable for any transactions or activities by you or anyone else that occur on your Account, and in no event shall RMF Sonorous be liable for any unauthorized use of your Account.
In the event that you breach any of the terms of this AUP, RMF Sonorous retains the right to suspend or terminate Customer’s use of the RMF Sonorous Services (including UberConference) upon written notice to you. No credits will be available for terminations or suspensions resulting from Customer’s breach of the AUP.
Apple Terms on the App Store.
The following Terms apply to your use of all the Services, including, but not limited to, the iPhone and iPad applications available via the Apple, Inc. (“Apple”) App Store (the “Application”), but the following additional terms also apply to the Application:
- Both you and RMF acknowledge that the Terms are concluded between you and RMF only, and not with Apple, and that Apple is not responsible for the Application or the Content;
- The Application is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services as well as the App Store Terms of Service;
- You will only use the Application in connection with an Apple device that you own or control and as permitted in the App Store Terms of Service;
- You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
- In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure and Apple may refund to you the purchase price of the Application. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application. ; upon notification, Apples sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
- You acknowledge and agree that RMF, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to confirm to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation;
- You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, RMF, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
- You represent and warrant that: (i) you are not located in a country subject to a U.S. Government embargo, or that is listed in Title 15, Part 740 Supplement 1 Country Group E of the U.S. Code of Federal Regulations; and (ii) has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
- Both you and RMF acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
- Both you and RMF acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
- In the event that you have any questions, complaints, or claims relating to the Application, you may contact RMF Sonorous at: RMF Sonorous, Inc. 16192 Coastal Hwy, Lewes, DE 19958 or at firstname.lastname@example.org