Acceptable Use Policy (“AUP”)
This Acceptable Use Policy (“AUP”) identifies restrictions on the use by the Customer of the Services provided by Dental Medical Automation, Inc. (“DMA”) and the software used by DMA to delivery such Services, and is incorporated by reference in the Terms of Service between DMA and Customer. Your access to the Services, may be suspended or terminated for violation of this AUP. Capitalized terms used in this AUP shall have the meaning given in your Terms of Service.
DMA operates under the trade names Dental IT, DMA Tech Solutions and Juice Unified Communications (“Juice” or “Juice Phones”)
DMA is committed to providing first class customer service and value to our Customers. In order to provide the best pricing, support and Services available to all of our users, DMA retains 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.
Customer may not use DMA’s network or Services to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including but not limited to:
- Any purpose prohibited by applicable federal, state or local law, rule or regulation;
- Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network;
- Using the Services for auto-dialing, continuous or extensive call forwarding, telemarketing (including without limitation charitable or political solicitation or polling), fax or voicemail broadcasting or fax or voicemail blasting;
- Sending unsolicited messages or advertisements, including but not limited to email, voicemail, SMS, or faxes (commercial or otherwise (“spamming”), or otherwise sending bulk and/or junk messages, including but not limited to email, voice mail, SMS, or faxes;
- Use of the Services in any way that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, or any similar behavior;
- Monitoring data or traffic on any network or system without the express authorization of the owner of the system or network;
Interference with service to any user of the DMA or other network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
- Use of an Internet account or computer without the owner’s authorization;
- Collecting or using email addresses, screen names or other identifiers without the consent of the person identified (including, without limitation, phishing, Internet scamming, password robbery, spidering, and harvesting);
- Collecting or using information without the consent of the owner of the information;
- Use of any false, misleading, or deceptive TCP-IP packet header information in an email or a newsgroup posting;
- Use of the service to distribute software that covertly gathers information about a user or covertly transmits information about the user;
- Use of the service for distribution of advertisement delivery software unless: (i) the user affirmatively consents to the download and installation of such software based on a clear and conspicuous notice of the nature of the software, and (ii) the software is easily removable by use of standard tools for such purpose included on major operating systems; (such as Microsoft’s “ad/remove” tool); or
- Any conduct that is likely to result in retaliation against the DMA network or website, or DMA’s employees, officers or other agents, including engaging in behavior that results in any server being the target of a denial of service attack (DoS).
Unlimited Voice Services
DMA reserves the right to periodically review usage levels of unlimited minute service plans to ensure that you are not using such service in violation of this AUP and if such an abuse or violation is discovered to terminate or adjust the plan as appropriate. You agree to use the unlimited minute service plans for traditional voice or fax call of a duration comparable to that of the average residential or small business customer presently utilizing DMA’s service and will not employ methods, devices or procedures to take advantage of unlimited plans by using the voice or fax services excessively or for means not intended by DMA. Excessive use is defined by DMA as use that substantially exceeds the average call volume or duration used by all other DMA unlimited plan customers. The following types of services are specifically prohibited and may not be accessed through DMA’s unlimited voice service plan: monitoring services, data transmissions, transmission of broadcasts or transmission of recorded material. DMA may terminate your service or change your service plan if, in its sole discretion, DMA determines that your use of the unlimited plan violates this prohibition or is otherwise “unreasonable” or results in abuse of the unlimited minute service plan.
We consider your use of our Unlimited plan to be “unreasonable” and therefore subject to immediate termination if you:
re-sell, re-brand, re-supply, re-market or commercially exploit our Unlimited Service, without our written consent, in order to aggregate traffic from more than one customer over an “unlimited” line or trunk; set up routing functionality such that only outbound long-distance traffic is sent over the Unlimited Service; or engage in any other conduct which is fraudulent or results in significant network congestion, or degradation.
DMA retains ownership of all phones provided by DMA and deployed for each phone system and expects Customers to have reasonable usage of the devices according to their design and normal functionality. Should customer or DMA decide to terminate the Juice Phone service, the customer is responsible to return phones to DMA within 30 days in their original condition accepting normal use wear or to purchase the phones from DMA. The customer will be responsible if any returned phones arrive with excessive damage including cracked screens, missing buttons, or frayed wires, and will incur associated charges.