Acceptable Use Policy

Overview

This Acceptable Use Policy ("AUP") describes actions that On Air Telecom ("On Air Telecom," "we," or "us") prohibits when any party uses its Services. By ordering or using On Air Telecom's Services, you (the Customer or service recipient) agree to the terms of this AUP. Each Customer must review and comply with this AUP and all applicable laws. This AUP is not intended to be interpreted as, relied upon, or used as a substitute for legal advice.

Prohibited Uses

You agree not to use, and not to encourage or allow any end user or other party to use, On Air Telecom's Services in unlawful or prohibited ways, including but not limited to the following:

• Using the Services for any activity that is illegal, abusive, false, fraudulent, deceptive, or misleading, or any activity that exploits, harms, or threatens to harm minors.
• Engaging in unsolicited advertising, marketing, or other unlawful communications, including any activity that violates laws applicable to advertising, electronic communications, and telemarketing — such as Section 5 of the FTC Act (15 U.S.C. § 45), the CAN-SPAM Act (15 U.S.C. §§ 7701–7713), the Telemarketing and Consumer Fraud and Abuse Prevention Act (15 U.S.C. §§ 6101–6108), the FTC Telemarketing Sales Rule (16 C.F.R. § 310 et seq.), the Telephone Consumer Protection Act (47 U.S.C. § 227) and its implementing FCC regulations (47 C.F.R. § 64.1200 et seq.), and all federal and state Do-Not-Call and calling-time restrictions.
• Customers are responsible for ensuring that all calling activity conducted through the Services has a lawful basis and complies with applicable consent, disclosure, identification, Do-Not-Call, calling-time and opt-out requirements.
• Attempting to bypass or disable any security mechanism on any of the Services, or using the Services in any manner that poses a security or service risk.
• Reverse-engineering the Services for any improper purpose.
• Using the Services in any manner that may subject On Air Telecom or any third party to liability, damages, or danger.
• Launching or facilitating a denial-of-service attack, or engaging in any other conduct that adversely impacts the availability, reliability, or stability of the Services.
• Transmitting any material that contains viruses, trojan horses, worms, or any other malicious or harmful code.
• Using the Services to receive, send, or otherwise process Protected Health Information (PHI) where such use would require On Air Telecom to enter into a Business Associate Agreement (BAA) under HIPAA.
• Using the Services to transmit any material that infringes the intellectual property rights or other rights of third parties.
• Using the Services to transmit any material that is libelous, defamatory, discriminatory, or otherwise malicious or harmful to any person or entity.
• Manipulating, falsifying or unlawfully spoofing caller identification information, or otherwise attempting to mislead recipients as to the identity of the caller or origin of a call, including any activity prohibited by the Truth in Caller ID Act and applicable FCC regulations.
• Attempting to circumvent, manipulate, interfere with, or otherwise undermine applicable caller authentication, STIR/SHAKEN, or other call-authentication requirements.
• Originating, facilitating, transmitting or otherwise supporting illegal robocalls, unlawful autodialed calls or fraudulent calling campaigns.
• Concealing, misrepresenting, or refusing to provide information reasonably requested by On Air Telecom regarding the source, originating customer, end user, purpose, or nature of traffic carried through the Services.
• Failing to cooperate with reasonable requests from On Air Telecom relating to suspected unlawful traffic, customer verification, traceback investigations, regulatory inquiries or other compliance matters, including failure to provide requested information within the required timeframe.
• Routing, originating or transmitting traffic in a manner intended to conceal its true source, responsible party, calling identity or nature, or otherwise attempting to evade applicable compliance, verification or enforcement requirements.

Enforcement and Changes

This list of prohibited uses is illustrative and should not be considered exhaustive. All determinations related to violations of this AUP are made by On Air Telecom in its sole, reasonable discretion. On Air Telecom reserves the right to change or modify the terms of this AUP at any time, effective immediately when posted to onairtel.com. Your continued use of the Services after changes are posted constitutes acceptance of the changed or additional terms.

If you violate this AUP, On Air Telecom may, consistent with the terms of your Agreement, immediately and without prior notice restrict, suspend, block or terminate affected Services or your account, including where On Air Telecom receives a credible complaint or evidence of prohibited or fraudulent calling activity associated with your account. Services and accounts terminated for such violations are not eligible for a refund, and any prepaid balance is forfeited, as set out in the Terms of Service. On Air Telecom may also block communications or traffic where reasonably necessary to enforce this AUP, protect its Services, respond to suspected unlawful activity or comply with applicable legal, regulatory or traceback requirements. When investigating alleged violations, On Air Telecom reserves the right to review any available content or details relating to your communications in order to resolve the issue; however, On Air Telecom cannot monitor the entire Services and makes no attempt to do so.

Reporting Abuse

If you have a complaint about abuse or a breach of this AUP, or any questions about this policy, please contact us at support@onairtel.com, call 1 866 55 ON AIR (66247), or write to us at 10711 Red Run Blvd, STE 101, Owings Mills, Maryland 21117.