This Acceptable Use Policy ("AUP") defines acceptable practices relating to Your use of phoneburner.com and all related Web pages, portals and interfaces (collectively, the “Site”) and the products We offer on or through the Site. The Site must be used in a manner that is consistent with the intended purpose of the Site and the Terms of Service with PhoneBurner. By using the Site, You consent to be bound by the terms of this AUP.
THIS POLICY IS SUBJECT TO CHANGE FROM TIME TO TIME IN PHONEBURNER’S SOLE DISCRETION WITH SUCH CHANGES BEING EFFECTIVE UPON POSTING AT www.phoneburner.com/acceptable-use-policy. PLEASE REVIEW THIS POLICY CAREFULLY.
Intended Purpose:
The purpose of the Site is to enable You to contact and have meaningful conversations with Your customers, and with prospective customers who You are legally permitted to call. The Site is intended for the purpose of maintaining existing business relationships and relationships with new customers who have asked or agreed to be contacted specifically about Your products and services.
Prohibited Conduct:
Using the Site to send illegal, unwanted, excessive, or abusive calls and messages is prohibited. We retain the right, at our sole discretion, to determine whether Your conduct is consistent with the letter and spirit of this Agreement. Specifically prohibited activities are listed below, and there may be other activities not listed here that violate the Agreement and are therefore prohibited.
- Illegal activity including but not limited to any crime involving theft, fraud, violation of telemarketing laws, or the use of any untrue, deceptive, misleading, or unconscionable representation, act, or practice.
- Any activity that is non-compliant with applicable telemarketing laws, including, without limitation, the Telephone Consumer Protection Act, the Telemarketing Sales Rule, the Truth in Caller ID Act, the Canadian Radio-television and Telecommunications Unsolicited Telecommunications Rules, and similar state laws.
- Making consumer telemarketing calls without a written Do Not Call policy.
- Any telemarketing phone call to a consumer telephone number that is listed on the National and/or applicable state Do Not Call registries in cases where that phone call is not otherwise permitted by law.
- Any telemarketing phone call to a consumer telephone number after that consumer requested not to be called by you.
- Use of Dial Session features to generate a high volume of calls in a short period of time when there is no intent to make a meaningful, live, human-to-human connection with customers or potential customers. Such conduct is deemed excessive and abusive.
- Use of Pre Recorded Voicemail or SMS Text Messaging features without the consent of the message recipient in cases where such pre recorded messages or text messages are not otherwise permitted by law.
- Use of Click to Present feature without the consent of the call recipient in cases where such pre recorded messages are not otherwise permitted by law.
- Use of Pre Recorded Voicemail, SMS Text Messaging or Email features when there is no intent to make a meaningful connection with customers or potential customers by way of a prerequisite, personal phone call. Such conduct is deemed excessive and abusive.
- Use of the Local Presence feature for calls when no business address and presence are maintained in the local calling area.
- Use of any feature of the Site to generate repetitive and/or continuous calls or messages to the same customer or prospective customer if such conduct could be reasonably expected to provoke complaints. Such conduct is deemed abusive.
- Use of any feature of the Site to generate high volume calls or messages to large numbers of customers or prospective customers if such conduct could be reasonably expected to provoke complaints. Such conduct is deemed excessive.
- Robocalls are prohibited. A robocall is defined as an automated telephone call initiated by a computer program using an auto-dialer or predictive-dialer where a pre-recorded message may be played to the US consumer.
- Illegal Caller ID spoofing is prohibited. Examples include but are not limited to calls to US consumers while fraudulently posing as a government agency, large corporation, or any other entity, with the intent to defraud a US consumer.
- Activities not listed here that violate the Acceptable Use Policies of our service providers are prohibited.
- Any other activity that might subject either You or Us to criminal liability, money judgments, fines, or other penalties is prohibited.
- Any unauthorized use of the Site, or the resale of the System, is expressly prohibited. You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under Your account or password, including the content of Your transmissions through the Site or System. By way of example, and not as a limitation, You agree not to:some text
- Engage in abusive, excessive, or unreasonable usage of the Site, which is usage significantly in excess of average usage patterns that adversely affects the Site.
- Use the System in connection with chain letters, junk email, pyramid schemes, illegal or unethical testimonials, cross soliciting, money games, spamming, or any duplicative or unsolicited messages (commercial or otherwise);
- Harvest or otherwise collect information about others, including without limitation phone numbers and/or email addresses, without their consent;
- Create a false identity or forged email, or otherwise attempt to mislead others as to the identity or source of the user or the origin of the message/call;
- Transmit through the System unlawful, deceptive, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature;
- Transmit any material that may infringe upon the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity;
- Libel, defame or slander any person, or infringe upon any person's privacy rights;
- Transmit any material that contains viruses, Trojan horses, worms, time bombs, cancel bots, or any other harmful or deleterious programs;
- Violate any U.S. law regarding the transmission of technical data or software exported from the United States through the System;
- Interfere with or disrupt networks connected to the System or violate the regulations, policies or procedures of such networks;
- Attempt to gain unauthorized access to the System, other accounts, computer systems or networks connected to the System, through password mining or any other means;
- Interfere with another’s use and enjoyment of the System or another entity's use and enjoyment of similar services;
- Use the System to receive, send, or otherwise process Protected Health Information as defined by the Health Insurance Portability and Accountability Act of 1996 as amended, unless You have signed a Business Associate Agreement with PhoneBurner or Your use of the System fits within the “conduit” or some other exception for requiring a Business Associate Agreement; or
- Use the System to record or monitor a phone call or other communication without securing consent from the participants to the phone call or other communication as required under applicable law (including, as applicable, California’s Invasion of Privacy Act and similar laws in other jurisdictions); or
- Resell, license, sublicense, transfer or otherwise repurpose Your user account or the Services in any way without express, written permission from PhoneBurner. You alone may use your account.
- Use any “local presence” or other caller ID assigned to you by Us to make calls or send texts through any dialer or system other than ours or otherwise hold any such number out to the public. You must keep such caller ID numbers, whether or not they were provided by Us, active for the duration of the campaign.
- Transmit SMS related in any way to the offering or sale of cannabis-related products, even if the same is legal.
- PhoneBurner has ZERO tolerance for spam. All spam complaints are taken seriously and will be subject to Our AUP Policies. All electronic mail messages (email), the primary purpose of which is the commercial advertisement or promotion of a commercial product or service, sent by You through the PhoneBurner System must comply with the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (the "CAN-SPAM" Act) (15 U.S.C. §7701) and/or, if applicable, Canada's Anti-Spam Law ("CASL"), and/or any other applicable laws in Your jurisdiction concerning the sending of email messages. You must include in all marketing emails (1) Your valid, physical postal address, (2) Your true identity, (3) an accurate subject line, (4) identification that Your message is commercial in nature, and (5) an opt-out method that You honor. In addition, You must comply with all terms of service and email restrictions imposed by Your email provider. Finally, You may not illegally create or collect e-mail addresses, deceptively use email relays or transmissions, or otherwise violate the CAN-SPAM Act or CASL. PhoneBurner reserves the right to determine what constitutes a violation of our Spam Policy.
Record Keeping:
You are required to maintain all records as required by law, including but not limited to record-keeping requirements for telemarketing as set forth by the FTC and the FCC. PhoneBurner is not responsible for maintaining Your marketing records.
Rights of PhoneBurner:
- We may deny, suspend, or terminate Your registration and/or access to the Site if We determine Your use of the Site fails to comply with this AUP.
- We may measure and monitor Your use of the Site and its features, including but not limited to call audio and call and voicemail recordings, to determine whether Your use of the Site fails to comply with this AUP.
- We may inspect the content you create, including but not limited to content you create for SMS, Email, Click to Present and Pre Recorded Voicemail, to determine whether Your use of the Site fails to comply with this AUP. We may also use 3rd-party sources to analyze the content you create for compliance purposes. We reserve the right to take down any material we determine is in violation of this AUP and/or that creates in our opinion exposure to us to civil and/or criminal liability.
- We may notify You and request support to investigate any determination by Us that Your use of the Site is potentially not compliant with this AUP. We may request information about but not limited to Your compliance policies, practices and procedures; consent policies, practices and procedures, and records of compliance; Do Not Call policies, practices and procedures, and records of compliance; written call scripts, call recordings and voicemail recordings; and/or lead sourcing; as well as information about any previous, active or pending complaints, allegations, investigations, lawsuits or regulatory enforcement actions against You. We may also use 3rd-party sources to supplement or validate the information You have provided to Us.
- We may notify You that You have violated our AUP. In this event, We may deny, suspend, or terminate Your service in Our sole discretion. If asked, You agree to promptly investigate any complaints or potential violations, to provide us with any information regarding said complaints or potential violation, and to promptly remedy any violations,
- We may bill You a surcharge of $0.01 per call for phone calls that are deemed to meet excessive criteria for the following:some text
- Calls that are not answered by the recipient
- Calls that are answered but are overly short
This policy is effective Aug 5, 2024
