A. Purpose and Scope

  1. This Acceptable Use Policy ("AUP") governs the use of all services provided by BabbleBlue Communications, a trade name of Jevin Canders LLC ("BabbleBlue," "we," "us"). It applies to every customer and to every person who uses the Service through a customer's account ("you").
  2. This AUP is incorporated by reference into your customer agreement with BabbleBlue. Capitalized terms not defined here have the meanings given in that agreement.
  3. We may update this AUP from time to time as described in your customer agreement. The current version is always available on our website.

B. Lawful Use

  1. You may use the Service only for lawful purposes and in compliance with all applicable federal, state, local, and foreign laws and regulations, including but not limited to the Telephone Consumer Protection Act ("TCPA"), the Telemarketing Sales Rule ("TSR"), the Truth in Caller ID Act, the CAN-SPAM Act as applied to text messaging, do-not-call registry requirements, and all applicable FCC rules.
  2. If you place calls subject to consent requirements, you are solely responsible for obtaining, documenting, and honoring all required consents, and for honoring opt-out and do-not-call requests.

C. Prohibited Uses

The following uses of the Service are prohibited:

  1. Unauthorized mass or automated calling, robocalling, or any calling campaign conducted without all required consent;
  2. Toll fraud, traffic pumping, access stimulation, call pumping, or any scheme to generate artificial traffic or artificially inflated revenue;
  3. Caller ID spoofing with intent to defraud, cause harm, or wrongfully obtain anything of value, or any caller ID manipulation in violation of the Truth in Caller ID Act or other applicable law;
  4. Transmitting calls with inaccurate or missing caller identification for the purpose of evading attestation, traceback, or robocall mitigation obligations;
  5. Harassment, threats, stalking, or abusive communications of any kind, including repeated unwanted calls to any person;
  6. Autodialed or prerecorded calls to emergency lines, hospitals, or other numbers where such calls are prohibited by law;
  7. Attempting to gain unauthorized access to, interfere with, or disrupt our network, systems, or the accounts of other customers;
  8. Reselling the Service, in whole or in part, without our prior written consent; and
  9. Any use that violates applicable law or that we, in our sole discretion, determine to be abusive or harmful to our network, our customers, or third parties.

D. Fair Use of Unlimited Calling Plans

  1. Plans described as "unlimited" are intended for normal, live-dialog voice communication consistent with typical residential or business use of the applicable plan.
  2. Unlimited plans may not be used for: call center or contact center operations; telemarketing or outbound campaign dialing; autodialing, predictive dialing, or broadcast/bulk calling; fax blasting or fax broadcasting; continuous or nearly continuous call forwarding; monitoring services; transmission of recorded material; or resale to third parties. Enterprise customers requiring this type of traffic should contact us about metered SIP trunking.
  3. Usage patterns materially inconsistent with normal use, including sustained high call volumes, abnormal ratios of outbound to inbound calls, abnormally short or long average call durations, or calls to abnormally dispersed or high-cost destinations, may indicate a violation of this Section.
  4. If we determine that your usage violates this Section, we may, at our discretion and with notice to you: convert the affected lines to a metered rate plan; restrict the affected traffic; or suspend or terminate the Service. Where practicable, we will contact you before taking action.

E. Call Recording and Monitoring

  1. Certain plans include call recording features. Call recording and monitoring are regulated by federal and state law, and many states require the consent of all parties to a call.
  2. You are solely responsible for determining whether and how you may lawfully record or monitor calls, for obtaining all legally required consents and providing all legally required notices, and for the storage, security, and lawful handling of any recordings you create. BabbleBlue provides recording functionality only and makes no representation that your use of it is lawful in any jurisdiction.

F. Robocall Mitigation and Traceback Cooperation

  1. We participate in industry and regulatory efforts to combat illegal robocalling, including STIR/SHAKEN call authentication and cooperation with the industry traceback consortium designated by the FCC.
  2. You must provide accurate and complete identity and business information when establishing and maintaining your Account, and you must keep it current. We may request additional information about your organization or your calling patterns at any time to satisfy our know-your-customer and robocall mitigation obligations.
  3. Upon request, you must promptly, and in any event within one (1) Business Day, provide information about any calling campaign originated from your Account, including the nature of the campaign, the basis for consent, and the identity of the party on whose behalf calls are placed.
  4. You must cooperate with any traceback request, subpoena, or lawful investigation related to traffic originated from your Account. Failure to respond to a request under this Section is itself a violation of this AUP.

G. Responsibility for Use and Account Security

  1. You are responsible for all use of the Service on your Account, whether or not authorized by you, including use resulting from the compromise of your equipment, systems, networks, or credentials.
  2. You must use reasonable security measures to protect your SIP credentials, account logins, and connected systems, including PBX and IVR platforms, and you must notify us promptly of any suspected compromise. We may, but are not required to, apply fraud detection controls, rate limits, or destination blocks to protect you and our network.

H. Enforcement

  1. We may investigate suspected violations of this AUP, and we may suspend or terminate the Service immediately and without notice where we reasonably determine that a violation has occurred or that continued service presents a risk to our network, our customers, or third parties.
  2. We may report unlawful activity to law enforcement and regulatory authorities and may share related information with them, with the industry traceback consortium, and with other carriers, as permitted or required by law.
  3. Our failure to enforce any provision of this AUP does not waive our right to enforce it in the future.