DRAFT — under review by counsel and not yet in effect. Until it is published, service is provided under the written agreement you sign with us.
This Acceptable Use Policy ("AUP") applies to everyone who uses the FaxDev internet-based fax service (the "Service") operated by [COMPANY LEGAL NAME] ("Company", "we", "us" or "our"), including customers, their users, resellers and resellers' customers. It is part of our Terms of Service. Customers are responsible for making sure that everyone who uses the Service through their accounts follows this AUP.
1. No unsolicited fax advertising
You must not use the Service to send unsolicited advertisements by fax ("junk fax"). In particular, you must not:
- send any fax that advertises the commercial availability or quality of any property, goods or services to a recipient who has not given prior express invitation or permission, unless every condition of the established business relationship exception under applicable law is met;
- send any fax advertisement that lacks a clear and conspicuous opt-out notice meeting the requirements of applicable law, or fail to honor an opt-out request within the time the law requires;
- use purchased, rented, harvested or randomly or sequentially generated number lists, or send to any number after its owner has asked not to receive faxes;
- broadcast the same or substantially similar content to large numbers of recipients without being able to show permission for each one on request.
You are solely responsible for complying with the Telephone Consumer Protection Act of 1991, as amended by the Junk Fax Prevention Act of 2005, the regulations under them, and every similar federal, state and foreign law. On request you must promptly give us evidence of the permission or relationship you rely on.
2. No unlawful or harmful content
You must not use the Service to send, receive, store or distribute any content or communication that:
- is unlawful, or facilitates or promotes unlawful activity;
- is fraudulent, deceptive or misleading, including phishing, impersonation of any person or organization, or false or misleading sender information;
- infringes or misappropriates any intellectual property, privacy, publicity or other right of any person;
- is defamatory, obscene, harassing, threatening or abusive, or incites violence or discrimination;
- contains or exploits child sexual abuse material, which we will report to the appropriate authorities;
- contains malware or any code designed to damage, interfere with or gain unauthorized access to any system;
- includes protected health information from an account that is not covered by an executed Business Associate Agreement with HIPAA mode enabled, as required by our Terms of Service;
- violates export control or sanctions laws.
3. No interference or abuse
You must not:
- interfere with, disrupt, overload or degrade the Service, our networks or suppliers, or any receiving party's equipment, including by sending traffic at volumes or patterns designed to tie up fax lines or to generate inbound traffic for revenue;
- probe, scan or test the vulnerability of the Service, or bypass or break any security, authentication, rate limit, page cap or usage control, except under a written security testing agreement with us;
- access or attempt to access any account, document or data that you are not authorized to access;
- use the Service to send voice traffic or any traffic other than fax, or attempt to use any assigned number for voice calling, text messaging or any purpose other than as a fax endpoint;
- resell, sublicense or provide the Service to others except as an authorized reseller under a written agreement with us;
- create accounts by automated means or under false pretenses, share accounts in breach of our Terms of Service, or use multiple accounts to avoid limits, suspensions or charges;
- reverse engineer, scrape or copy the Service, except as allowed by law despite this restriction;
- use the Service in any way that could expose us or our suppliers to legal liability, regulatory action or carrier complaints.
4. Automated use and agents
If you connect scripts, integrations or AI or other software agents to the Service, you are responsible for everything they do. You must configure them so they send only faxes that comply with this AUP, give them only the access they need, and monitor their activity.
5. Our rights
We may, without notice and without liability:
- scan, filter, block, quarantine, delay or refuse any fax, document or traffic that we believe violates this AUP or the law;
- apply or change rate limits, page caps, destination restrictions and other usage controls;
- suspend or terminate any user, account, organization or number, and reclaim numbers under our Terms of Service;
- remove or disable access to any content;
- investigate suspected violations, and preserve and disclose information, including to law enforcement, regulators, carriers and affected parties, and cooperate with their investigations;
- charge you for the reasonable costs of investigating and responding to a violation, including fines, penalties and carrier charges imposed on us because of your conduct.
We decide in our sole discretion whether a use violates this AUP. Our failure to act on a violation does not waive our right to act on it or any other violation later.
6. Reporting violations
To report a suspected violation of this AUP, including an unwanted fax sent through the Service, email [ABUSE CONTACT EMAIL] with the sending and receiving numbers, the date and time, and a copy of the fax if you have one.
7. Changes
We may change this AUP at any time by posting the revised version with a new "Last updated" date. Changes take effect when posted.