This Acceptable Use Policy (this “Policy”) describes prohibited uses of the services and products (the “Services”) offered by MetroSwitch Technologies, Inc. and its affiliates (“MetroSwitch”, “We” “Our” or “Us”) and any of Our websites (the “Site”). The Services must be used in a manner consistent with the intended purpose of the Services. This Policy is part of any MetroSwitch agreement for the purchase of its Services. It also governs your use of the Site. Therefore, it is important that you review this Policy and any modifications. MetroSwitch reserves the right to modify this Policy at any time. MetroSwitch will note the date of each version, which will be retained in its archives at www.metroswitch.com/legal/archives.

By using the Services or accessing the Site, you agree to the latest version of this Policy.

Who does this Policy apply to?
This Policy applies to Customers and End Users who access and use the Site as well as those who use and/or purchase Services offered by MetroSwitch or through affiliated companies with which We, directly or indirectly, share common or partial ownership or have a contract relationship (“You”).

What are the consequences of violating this Policy?
If You violate the Policy or authorize or help others to do so, We may suspend or terminate Your use of the Services and access to the Site immediately without notice to You.

What activities violate the Policy?
The examples described in this Policy are not exhaustive. Prohibited activities or content include:

• You may not use or allow the Services to engage in illegal, harmful or fraudulent activities. This also includes activities that violate the rights of others or that may be harmful to others, Our operations or reputation, including disseminating, promoting or facilitating child pornography, offering or disseminating fraudulent goods, services, schemes, or promotions, make-money-fast schemes, ponzi and pyramid schemes, phishing, or pharming.
• You will not use the Services to conduct activities that may be harmful to or interfere with the Services, or any third party's networks, systems, services, or websites.
• You will not use the Services in any manner that would infringe, dilute, misappropriate, or otherwise violate the intellectual property or proprietary rights of others. If a domain name is used with any of the Services, it may not be used in violation of the trademark, service mark, or other rights of any third party.
• You may not use or allow the Services to produce or disseminate content that is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable, including content that constitutes child pornography, relates to bestiality, or depicts non-consensual sex acts.
• You may not use or allow the Services to disseminate any content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, time bombs, or cancelbots.
• You may not use or allow the Services to violate the security or integrity of any network, computer or communications system, software application, or network or computing device (each, a “System”).
• You may not use or allow the Services to obtain unauthorized access to use any System, including attempting to probe, scan, or test the vulnerability of a System or to breach any security or authentication measures used by a System.
• You may not use or allow the Services to intercept or monitor data or traffic on a System without permission.
• You may not use or allow the Services to forge or fraudulently alter or misrepresent TCP-IP packet headers, e-mail headers, CallerID/ANI information, or any part of a message describing its origin or route.
• You may not use or allow the Services to monitor or crawl a System that impairs or disrupts the System being monitored or crawled.
• You may not use or allow the Services to intentionally interfere with the proper functioning of any System, including any deliberate attempt to overload a system by mail bombing, news bombing, broadcast attacks, or flooding techniques.
• You may not use or allow the Services to distribute, publish, send, or facilitate the sending of unsolicited mass e-mail or other messages, promotions, advertising, or solicitations (like “spam”), including commercial advertising and informational announcements. You will not alter or obscure mail headers or assume a sender’s identity without the sender’s explicit permission.
• You will not collect replies to messages sent from another internet service provider if those messages violate this Policy or the acceptable use policy of that provider.
• You may not use or allow the Services to engage in auto-dialing, trunking or traffic pumping, or “predictive dialing” in an abusive manner;
• You may not use or allow the Services to use any device, system, network, account, plan, or the Services in an unauthorized manner or in excess of reasonable business use.
• You may not use or allow the Services to take advantage of, bypass, exploit, defeat, disable, or otherwise circumvent limitations of the Services, security mechanisms, or compliance with this Policy or any law.
• You may not allow the Services to intercept, capture, sniff, monitor, modify, emulate, decrypt, or redirect any communication or data for any purpose.
• You may not sell, resell, sublease, assign, license, or sublicense the Services or any component thereof or use or offer the same on a service-bureau or time-sharing basis.
• You may not use the Services to place “robocalls” which mean illegal calls using an auto-dialer with a random or sequential generator that delivers an initial prerecorded message or artificial voice placed either: (i) for telemarketing purposes without the called party’s prior written consent, or (ii) placed to a wireless number for any purpose without prior express consent.

How does MetroSwitch monitor and enforce this Policy?

We reserve the right, but do not assume the obligation, to investigate any violation of this Policy or misuse of the Services or the Site.

• We may suspend or terminate the Services which We believe have violated any element of this AUP. We will suspend the Services for violation of the AUP on the most limited basis and as is reasonably practical under the circumstances to investigate and address the underlying violation. We will attempt to notify You via email or other method prior to suspending the Services for violation of the AUP; provided, however, We may suspend the Services without notice if We become aware of a violation of any applicable law or regulation or activity, or this AUP that exposes Us to criminal or civil liability or that exposes Our network or Our customers' network or property to harm. We may take further action as We determine ourselves to be appropriate under the circumstances to eliminate the violation or preclude repeat violations.
• We reserve the right to take down any material―or otherwise block access to―created or accessible on or through the Services and suspend or terminate any User creating, storing, or disseminating material where We become aware that the material violates this AUP and/or exposes Us to civil or criminal liability, including without limitation, under applicable intellectual property laws.
• We reserve the right to report any activity that We suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate customer information. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation. We will not be liable for any damages of any nature suffered by You, or any third party resulting in whole or in part from the exercise of Our rights under this AUP.
• We take no responsibility for any content or material created or accessible on or through the Services and will not exercise any editorial control over content or material. We are not obligated to monitor material or content but reserve the right to do so.
• Violations of this Policy may be reported to: legal@metroswitch.com

LAST MODIFIED JANUARY 2025