Acceptable Use Policy
This Agreement is between "Customer" or " You & Upsell LLC & it's subsidiaries:
Effective day: November 10, 2019
This Acceptable Use Policy (this “Policy”) describes prohibited uses of the products and/or services offered by arlo.io, Inc. (the “Services”) and the website located at www.arlo.io (the “Arlo Site”). The examples described in this Policy are not exhaustive. We may modify this Policy at any time by posting a revised version on the Arlo Site. By using the Services or accessing the Arlo Site, you agree to the latest version of 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.
NO ILLEGAL, HARMFUL, OR OFFENSIVE USE OF CONTENT
You may not use, or encourage, promote, facilitate or instruct others to use, the Services or Arlo Site for any illegal, harmful, fraudulent, infringing or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, fraudulent, infringing or offensive. Prohibited activities or content include, but are not limited to:
Illegal, Harmful or Fraudulent Activities. Any activities that are illegal, 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, or ponzi and pyramid schemes.
Infringing Content. Content that infringes or misappropriates the intellectual property or proprietary rights of others.
Offensive Content. Content that is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable, including content that is pornographic in nature or discriminatory against any race, religion, or creed.
Harmful Content. 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.
NO SECURITY VIOLATIONS
You may not violate the security or integrity of any network, computer or communications system, software application, or network or computing device (each, a “System”). Prohibited activities include, but are not limited to:
Unauthorized Access. Accessing or using any System without permission, including attempting to probe, scan, or test the vulnerability of a System or to breach any security or authentication measures used by a System.
Interception. Monitoring of data or traffic on a System without permission.
Third Party Services. Developing any applications that interact with the Services or other users’ content or information without our written consent.
NO NETWORK ABUSE
You may not make network connections to any users, hosts, or networks unless you have permission to communicate with them. Prohibited activities include, but are not limited to:
User Solicitation. Soliciting login credentials from another user or using or attempting to use another user’s account, username, or password without their permission. Monitoring or Crawling. Monitoring or crawling of a System that impairs or disrupts the System being monitored or crawled.
Intentional Interference. Interfering with the proper functioning of the Services, including any deliberate attempt to overload a network or System.
Avoiding System Restrictions. Using manual or electronic means to avoid any use limitations placed on a System, such as access, message, seat, API, bot, or contact restrictions.
NO E-MAIL OR OTHER MESSAGE ABUSE
You will not 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.
SMS / MMS TEXT MESSAGING ABUSE
You may not use the Arlo text & voice services without agreeing to this AUP. Thus, you agree not to use, and not to encourage or allow any End User to use, Arlo Services in the following prohibited ways:
Using the Arlo Services to encourage any illegal, fraudulent, abusive, or other activities that materially interfere with the business or activities of Arlo. Attempting to bypass or break any security mechanism on any of the Arlo Services or using the Arlo Services in any other manner that poses a material security or service risk to Arlo or any of its other customers.
Reverse-engineering the Arlo 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 Arlo Services or any other conduct that materially and adversely impacts the availability, reliability, or stability of the Arlo Services.
Transmitting any material that contains viruses, Trojan horses, spyware, worms or any other malicious, harmful, or deleterious programs.
Using the Arlo Services in any manner that 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) carrier guidelines and usage requirements as communicated in writing by Arlo to you.
Engaging in any unsolicited advertising, marketing or other activities prohibited by applicable law or regulation covering anti-spam, data protection, or privacy legislation in any applicable jurisdiction, including, but not limited to anti-spam laws and regulations such as the CAN SPAM Act of 2003, the Telephone Consumer Protection Act, and the Do-Not-Call Implementation Act.
Using the Arlo Services in connection with unsolicited or harassing messages (commercial or otherwise), including unsolicited or unwanted phone calls, SMS or text messages, voice mail, or faxes.
Using the Arlo 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 Arlo Services to engage in, or in connection with fraudulent activity.
Using the Arlo Services 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 Arlo or your use of the Arlo Services fits within the “conduit” or some other exception for requiring a Business Associate Agreement.
Violating or facilitating the violation of any local, state, federal, or foreign law or regulation, including, but not limited to, laws and regulations regarding the transmission of data or software.
Using the Arlo Services to transmit any material that infringes the intellectual property rights or other rights of third parties.
Using the Arlo Services to transmit any material 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 that Arlo 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.
Using the Arlo Services to transmit any material or content that is offensive, inappropriate, pornographic, obscene or otherwise objectionable to any person or entity who did not provide prior express consent to receive such material or content.
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.
Phone Number Reclamation
All phone numbers are subject to rules and restrictions imposed by telecommunication carriers. In order to comply with such rules and restrictions, Arlo may, in its sole discretion, reclaim your phone numbers that do not have adequate usage, as determined by such telecommunication carriers. Arlo, however, will use commercially reasonable efforts to (i) provide notice to you prior to any phone number reclamation and (ii) to work with telecommunication carriers to prevent the reclamation of any phone numbers.
Ringless "Stealth" Voicemail Acceptable Use Policy
UpSell LLC It LLC and its affiliates (collectively, “Arlo”) have drafted this Acceptable Use Policy (“AUP”) to encourage the responsible use of Arlo’s networks, systems, services, web sites and products (collectively, the “Arlo Services”) by our Customers and other users of the Arlo Services (collectively, “Users”), and to enable Arlo to provide Users with secure, reliable and productive services. By using the Arlo Services, Users consent to be bound by the terms of this AUP. Arlo reserves the right to make revisions to this AUP in its discretion at any time. Such modifications will be effective when posted. Any use of the Arlo Services after such modification shall constitute acceptance of such modification.
2. Warning/Suspension/Termination. Users’ failure to comply with this Policy shall constitute a violation by Customer as deemed in Arlo’s sole discretion (“Violation”), with each such failure constituting a separate Violation. A Violation of this Policy may result in a warning, suspension, or termination of Services and/or termination of Customer’s Agreement. Users shall immediately notify Arlo if they know or have a reasonable suspicion that a User of the System is using it in Violation of this Policy. Arlo may take such further action as Arlo deems to be appropriate under the circumstances to eliminate or preclude repeat violations, and Arlo shall not be liable for any damages of any nature suffered by any Customer, User, or any third party resulting in whole or in part from Arlo’s exercise of its rights under this AUP.
3. Miscellaneous. Failure of Arlo to enforce this Policy or take any action with respect to a Violation shall not constitute a waiver of its right to enforce any other Violation. Arlo takes no responsibility for any material created or accessed via the System and does not monitor, verify, warrant or validate the integrity, accuracy and quality of information it receives or transmits, but reserves the right to do so in the event it has a good faith suspicion that a User may have violated this Policy.
4.1 Illegal Use. Arlo Services shall not be used for any illegal purpose, and must be used in compliance with all applicable government regulations. Any use of the System for the transmission, distribution, retrieval, or storage of material (“Transmission”) that violates any law or is in furtherance of any criminal enterprise is prohibited, including, but not limited to, the following: (i) Intellectual Property – unauthorized Transmission of material protected by privacy, publicity, or other personal rights and Intellectual Property rights, including but not limited to, patent, copyright, trade secret, or other intellectual property rights; (ii) Inappropriate Content – any Transmission of material that is obscene or constitutes child pornography, material that is libelous, defamatory, hateful, or that constitutes an illegal threat or abuse; and (iii) Export Control – unauthorized Transmission of any material that may violate export control laws or other regulations.
4.2 Harmful Content. Users shall not use the Arlo Services to transmit, distribute or store material that may be harmful to or interfere with the Arlo Services or any third party’s networks, systems, services, or web sites.
4.3 Fraudulent/Misleading Content. Users shall not use the Arlo Services to transmit or distribute material containing fraudulent offers for goods or services, or any advertising or promotional materials that contain false, deceptive, or misleading statements, claims, or representations. In addition, Users are prohibited from submitting any false or inaccurate data on any order form, contract or online application, including the fraudulent use of credit cards.
4.4 Inappropriate Actions. Users shall not use the Arlo Services to conduct activities that may be harmful to or interfere with the Arlo Services or any third party’s networks, systems, services. Users are prohibited from violating or attempting to violate the security of the Arlo Services or the accounts, or networks of another party. Users are also prohibited from any activity considered a precursor to attempted security violations, including, but not limited to, any form of scanning, probing, or other testing or information gathering activity. Inappropriate activity may result in civil or criminal liability. Arlo will investigate such activity, and may involve and cooperate with law enforcement authorities in prosecuting Users involved in such activity.
4.5 Responsibility for Content. Arlo takes no responsibility for any material created or accessible on or through the Arlo Services. Arlo is not obligated to monitor or exercise any editorial control over such material, but reserves the right to do so. If Arlo becomes aware that any such material may violate this AUP and/or expose Arlo to civil or criminal liability, Arlo reserves the right to block access to such material and suspend or terminate any User creating, storing or disseminating such material. Arlo further reserves the right to cooperate with legal authorities and third parties in the investigation of alleged wrongdoing, including disclosing the identity of the User that Arlo deems responsible for the wrongdoing.
OUR MONITORING AND ENFORCEMENT
We reserve the right, but do not assume the obligation, to investigate any violation of this Policy or misuse of the Services or Arlo Site. We may investigate violations of this Policy or misuse of the Services or Arlo Site; or remove, disable access to, or modify any content or resource that violates this Policy or any other agreement we have with you for use of the Services or the Arlo Site.
We may 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 and prosecution of illegal conduct by providing network and systems information related to alleged violations of this Policy.
REPORTING OF VIOLATIONS OF THIS POLICY
If you become aware of any violation of this Policy, please email email@example.com immediately and provide us with assistance, as requested, to stop or remedy the violation.
Copyright 2019 UpSell LLC DBA RevStack, Arlo, HelloMya & Subsidiaries