This Acceptable Use Policy describes actions that SalesExec (“SalesExec”) and RingResponse ("RingResponse") prohibits when using its website and services (the "Services"). The terms "you," "you're," and "yours" refer to the customer. Our Terms of Service govern the Acceptable Use Policy. Our Terms of Service take precedence over any conflicting Acceptable Use Policy provision. Full terms of service are found in the billing section of your account. By using RingResponse, SalesExec, and LeadExec via the ClickPoint website or downloadable software application, you consent to the terms and conditions of this acceptable use policy. If you do not agree to this acceptable use policy, please do not use the website, application, API’s and services.
ClickPoint Software may in its sole discretion determine whether you violate this Acceptable Use Policy. The Services may be used only for lawful purposes and may not be used for any illegal activities. Using the Services in an illegal, abusive or any other manner that interferes with or diminishes others' use and enjoyment of the Services is prohibited.
The following list gives examples of illegal, abusive, interfering or otherwise unacceptable or inappropriate behavior while using the Services. This list is provided by way of example and shall not be considered exhaustive.
- Adversely impacting the availability, reliability, or stability of RingResponse, SalesExec, or LeadExec Services;
- Attempting to bypass or break any security mechanism on any of the Services or using the Services in any other manner that poses a security or service risk to ClickPoint Software, to any user of our Services, or to any of our or their respective customers;
- Testing or reverse-engineering the Services to find limitations, vulnerabilities or evade filtering capabilities;
- Using the Services in any manner that may subject ClickPoint Software or any third party to liability, damages or danger;
- Using the Services in any manner that violates any applicable third party policies or requirements that RingResponse has communicated to the customer;
- Using the Services in any manner that violates the Mobile Marketing Association guidelines or best practices, carrier guidelines, or any other industry standards.
- Engaging in fraud regarding your account;
- Purchasing phone numbers to port them to another carrier;
- Using any part of ClickPoint Software’s Marks including; RingResponse, LeadExec, or SalesExec’s marks other than as expressly permitted;
- Engaging in spamming or other unsolicited call or text advertising, marketing or Using your account to engage in fraudulent activity concerning third parties or otherwise using your account to bypass phone identification systems such as those by classified advertising websites;
- Engaging in any activities that violate anti-spamming laws, TCPA, and regulations including, but not limited to, the CAN-SPAM Act of 2003, the Telephone Consumer Protection Act, and the Do-Not-Call Implementation Act.
- Launching or facilitating, whether intentionally or unintentionally, a denial of service attack on any of ClickPoint Software’s Services.
- Using phone numbers provided by RingResponse ("RingResponse Phone Numbers") for SMS in a manner that is not designed to enhance or augment the person-to-person nature of SMS communications.
- Offering any Emergency Services to users. "Emergency Services" shall mean services that allow a user to connect with emergency services personnel or public safety answering points such as 911 or E911 services.
- Creating a false identity or forged email address or header, or phone number, or otherwise attempting to mislead others as to the identity of the sender or the origin of a message, text SMS, or phone call using your account.
- Promoting or engaging in illegal activities.
- Using RingResponse's services to activate or use accounts or services that require a unique phone number;
- Testing RingResponse's system capacity by creating an excessive number of simultaneous calls;
- Engaging in activities or transmitting through the Services any information that may be libelous or defamatory or otherwise malicious or harmful to any person or entity, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Using the Services in connection with any unsolicited or harassing messages (commercial or otherwise) including but not limited to unsolicited or unwanted phone calls SMS or text messages, voice mail, or faxes.
- Harvesting or otherwise collecting information about others, including email addresses or phone numbers, from ClickPoint Software, SalesExec, or RingResponse’s website without express consent.
- Transmitting any material that contains viruses, trojan horses, worms or any other malicious, harmful, or deleterious programs.
- Violating or facilitating the violation of any U.S. or foreign law regarding the transmission of technical data or software.
- Interfering with or disrupting networks connected to the Services or violating the regulations, policies or procedures of such networks.
- Improperly engaging in an activity for which the United States Federal Communications Commission has restricted or regulated about proper use of the public telephone network.
- Using the Services, or a component of the Services, in a manner not authorized by ClickPoint Software.
Violation of this Acceptable Use Policy may result in the immediate suspension or termination of Your account, civil and criminal liability, and ClickPoint may, in addition to any remedy that it may have at law or in equity, terminate permission for You to use the Services. In such event, You are still liable for any outstanding charges accumulated through Your use of the Services, including uses in violation of this Acceptable Use Policy or the laws of any jurisdiction. Also, ClickPoint Software may investigate incidents that are contrary to this Acceptable Use Policy and provide requested information to third parties who have provided notice to ClickPoint Software stating that they have been harmed by your failure to abide by this Acceptable Use Policy. Clickpoint Software’s failure to enforce this policy in every instance in which it might have application does not amount to a waiver of ClickPoint's rights hereunder.
Changes to The Acceptable Use Policy
We reserve the right to change the Acceptable Use Policy from time to time without notice by posting changes to the ClickPoint Software website. When we do, we will also revise the "last update" date of the Acceptable Use Policy.
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