This Acceptable Use Policy (“AUP”) applies to Customer’s use of the Services offered by BTBIZ,
LLC or any of its Affiliates.
“Services” means the products and services that are ordered by Customer using the BTBIZ account, or
provided by BTBIZ to Customer on a trial basis or otherwise free of charge. BTBIZ Services generally
consist of connectivity services that link the BTBIZ Services to the telecommunication providers’
networks via the Internet.
Prohibited Uses
Customer agrees not to use, and, not to encourage or allow any End User to use, the Services in the
following prohibited ways:
Using the Services in a manner that is or otherwise encourages (a) any illegal, improper, fraudulent, or
abusive activities or (b) materially interfering with the business or activities of BTBIZ or harms other
BTBIZ customers. Using any Services to violate any law, rule, or regulation
Attempting to bypass or break any security mechanism on any of the Services or using the Services in
any other manner that poses a material security or service risk to BTBIZ or any of its other customers.
Reverse engineering the Services in order to find limitations, vulnerabilities, or evade filtering capabilities.
Launching or facilitating, whether intentionally or unintentionally, a denial of service attack on any of the
Services or any other conduct that materially and adversely impacts the availability, reliability, or stability
of the Services.
Repetitive and/or continuous messaging or calling to the same destination or number if such activity could
reasonably be expected to or in fact does provoke complaints
Transmitting any material, data, or content that contains viruses, Trojan horses, spyware, worms or any
other malicious, harmful, or deleterious programs.
Violating or facilitating the violation of any applicable laws or regulations of any applicable jurisdiction,
including, without limitation, (a) applicable laws or regulations that prohibit engaging in any unsolicited
advertising, marketing, or transmission of communications; (b) applicable anti-spam laws or regulations
such as the CAN SPAM Act of 2003, the Telephone Consumer Protection Act, and the Do-Not-Call
Implementation Act, TCPA, TSR and other telemarketing regulations; or (c) applicable data protection or
privacy laws, regulations, or legislation.
Using the Services in connection with unsolicited, unwanted, or harassing communications (commercial
or otherwise), including, but not limited to, phone calls, SMS or MMS messages, voice mail or faxes.
Using the Services to harvest or otherwise collect information about individuals, including email
addresses or phone numbers, without their explicit consent or under false pretenses.
Using the Services in a manner that generates inquiries from law enforcement, government, or regulatory
agency or triggers such an agency to request the suspension of the Services to Customer and/or
Customer’s phone numbers.
Using the Services to transmit any material, data, or content that infringes the intellectual property rights
or other rights of third parties.
Using the Services to transmit any material or content that is, facilitates, or encourages libelous,
defamatory, discriminatory, or otherwise malicious or harmful speech or acts to any person or entity,
including but not limited to hate speech, and any other material or content that BTBIZ reasonably
believes degrades, intimidates, incites violence against, or encourages prejudicial action against anyone based on age, gender, race, ethnicity, national origin, religion, sexual orientation, disability, geographic
location or other protected category.
Creating a false identity or forged email address or header, or phone number, or otherwise attempting to
mislead others as to the identity of the sender or the origin of a message, or phone call.
Using the BTBIZ Services in any manner that causes a telecommunications provider to complain about
such use to BTBIZ or materially violates the following: (a) industry standards, policies and applicable
guidelines published by (i) the CTIA (Cellular Telecommunications Industry Association), (ii) the Mobile
Marketing Association, or (iii) any other generally recognized industry associations; (b)
telecommunications provider guidelines and usage requirements.
Using the BTBIZ Services to transmit any material or content that is offensive, inappropriate,
pornographic, obscene, illegal, or otherwise objectionable to any person or entity.
Having, in a given month, (a) a high volume of unanswered outbound phone calls, (b) a low average
outbound call duration (i.e., outbound phone calls, on average, that are generally less than twelve (12)
seconds in length), or (c) outbound phone calls that are too short in duration (i.e., outbound phone calls
generally less than twelve (12) seconds in length).
General Acceptable Use Guidelines
Sensitive Data. Customer acknowledges that the Services are not intended for the processing of
Sensitive Data. Customer is responsible for ensuring that suitable safeguards are in place prior to
transmitting or processing any Sensitive Data over the Services, or prior to permitting End Users to
transmit or process Sensitive Data over the Services. BTBIZ will have no additional liability, including,
without limitation, any indemnification obligations, whatsoever in connection with any Sensitive Data
transmitted or processed via the Services.
Volition of this AUP may result in civil or criminal liability, and BTBIZ in its sole discretion, in addition to
any remedy that it may have at law or in equity, may immediately terminate permission for the Customer
to use the Services, or any portion of the Services, and may charge Customer any applicable rates and
cancellation or termination fees. In addition, BTBIZ may investigate incidents that are contrary to this
AUP and provide requested information to third parties who have provided notice to BTBIZ stating that
they have been harmed by a Customer failure to abide by this AUP. BTBIZ may bring legal action to
enjoin violations and/or collect damages caused by any violation of any part of this AUP.
Any violations or attempted violations of this AUP by any Customer (or any third party on behalf of any
Customer) will constitute a violation of this AUP by the Customer and a material breach of any applicable
customer AGREEMENT, including, without limitation, any applicable terms of service and/or supplements
to any applicable AGREEMENT(s).
BTBIZ failure to enforce this AUP in every instance in which it might have application does not amount to
a waiver of BTBIZ rights.
IN NO EVENT WILL BTBIZ BE LIABLE TO ANY CUSTOMER OR THIRD PARTY FOR ANY DIRECT,
INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES FOR ACTIONS TAKEN
OR NOT TAKEN PURSUANT TO THIS AUP, INCLUDING, WITHOUT LIMITATION, ANY LOST
PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR DATA, OR OTHERWISE, EVEN IF
BTBIZ WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
LIABILITY IN FAVOR OF BTBIZ IS IN ADDITION TO ANY LIMITATIONS SET FORTH IN ANY
WRITTEN AGREEMENT BETWEEN BTBIZ AND ANY APPLICABLE CUSTOMER AND WILL APPLY
WHETHER THE ACTION IN WHICH RECOVERY IS SOUGHT IS BASED IN CONTRACT OR TORT
(INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), OR ANY APPLICABLE
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Updates to this AUP
Prior Notice: BTBIZ may update the terms of this AUP from time to time by providing Customer with prior
written notice of material updates at least thirty (15) days in advance of the effective date. Notice will be
given via an email to the email address owner of Customer’s account. This notice will highlight the
intended updates. Except as otherwise specified by BTBIZ, updates will be effective upon the date
indicated at the top of this AUP. The updated version of the AUP will supersede all prior versions.
Your Acceptance: Following such notice, Customer’s continued access or use of the Services on or after
the effective date of the changes to the AUP constitutes Customer’s acceptance of any updates. If
Customer does not agree to any updates, Customer should stop using the Services.
Exceptions: BTBIZ may not be able to provide at least thirty (15) days prior written notice of updates to
this AUP that result from changes required by law or requirements from telecommunications providers.