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 Salesibyl website, RMF Salesibyl Mobile Apps and RMF Salesibyl
Support (each a “Service” and collectively, the “Services”).
Use Policies
Fair
Use. RMF Salesibyl 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 Salesibyl’s
ability to provide high quality Services to other customers, prevents or restricts other
customers from using the Services, or damages RMF Salesibyl’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 Salesibyl 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
Salesibyl’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 Salesibyl’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
Salesibyl’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 Salesibyl’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 Salesibyl 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 Salesibyl, “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 Salesibyl’s
ability to provide high quality Services to others and/or indicate unauthorized use of the
Services, in which case, RMF Salesibyl may suspend or terminate your Account or, upon prior
notice. RMF Salesibyl 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 Salesibyl 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 Salesibyl’s prior
written consent;
- Uses the Services to develop or enhance any software, software code, or any
derivative works of any software without RMF Salesibyl’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 Salesibyl 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.
Unsolicited Advertisements
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 Salesibyl 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.
OFAC Restriction
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.
Recording Conversations
Certain RMF Salesibyl 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 Salesibyl’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 Salesibyl’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 Salesibyl 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 Salesibyl’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 Salesibyl 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 Salesibyl 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
Salesibyl 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 Salesibyl 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 Salesibyl 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
Salesibyl’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
Salesibyl works with third party carrier(s) who, on RMF Salesibyl’s behalf, port telephone
numbers in accordance with applicable regulatory rules and industry guidelines. RMF
Salesibyl’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 Salesibyl account, follow the procedures on your account settings page
for transferring a number to your RMF Salesibyl account. For porting numbers out of your RMF
Salesibyl 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 Salesibyl
account.
RMF Salesibyl cannot guarantee requested telephone numbers will be
available, that your existing provider will port your number, or that circumstances beyond
RMF Salesibyl’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 Salesibyl shall not be
liable for reimbursement for press releases, business cards, and/or stationery under any
conditions.
You understand and agree that RMF Salesibyl 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 Salesibyl 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 Salesibyl 911 Service
FOR USERS OF RMF Salesibyl, ACCESS TO EMERGENCY
SERVICES (911) IS NOT AVAILABLE. BY USING RMF Salesibyl SERVICES, INCLUDING PORTING YOUR
EXISTING NUMBERS TO RMF Salesibyl, 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 Salesibyl FREE.
YOU UNDERSTAND THAT THE RMF Salesibyl
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 Salesibyl 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 Salesibyl, We will ask You to register the Registered
Location where you will be using RMF Salesibyl Service for each phone line you use from RMF
Salesibyl (e.g., if you purchase RMF Salesibyl with three lines, you must provide a Registered
Location for each of the three lines). RMF Salesibyl will obtain your Registered Location as
part of the service initiation process and will not provide RMF Salesibyl Service until you
have provided your initial Registered Location. However, you must update your Registered
Location when you use your RMF Salesibyl Service from a new location.
You agree to
provide true, accurate, current, and complete Registered Location information to RMF
Salesibyl 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 Salesibyl Service from a new location. If you provide Registered Location
information that is, or that RMF Salesibyl suspects to be, false, inaccurate, not current, or
incomplete, RMF Salesibyl 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 Salesibyl
customer support at
salesibyl@salesibyl.com
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 Salesibyl
as soon as possible. In many cases, RMF Salesibyl 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 Salesibyl account, please contact RMF
Salesibyl customer support at salesibyl@salesibyl.com. When you contact customer support,
please have the following information available: (a) your name, contact information, the RMF
Salesibyl 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 Salesibyl 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 Salesibyl, and RMF Salesibyl subsequently determines that the charges at issue are not
erroneous, RMF Salesibyl 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 Salesibyl be liable for any unauthorized use of your Account.
AUP Breach
In
the event that you breach any of the terms of this AUP, RMF Salesibyl retains the right to
suspend or terminate Customer’s use of the RMF Salesibyl 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 Salesibyl at: RMF Salesibyl, Inc. 16192 Coastal Hwy,
Lewes, DE 19958 or at salesibyl@salesibyl.com