These Supplemental Terms of Service (“VonageReach Terms”) apply to Customer’s use of the VonageReach service (“VonageReach Service”). These VonageReach Terms supplement and, in the event of conflict, supersede Customer’s Vonage Business Terms of Service (“Vonage Business Agreement” or “Terms”). By ordering, purchasing or using the VonageReach Service, Customer agrees to be bound by these VonageReach Terms.
All capitalized terms used but not defined herein shall have the same meaning as in the Vonage Business Agreement.
Plan Levels, Changes and Cancellation. Customer may choose between different plan levels for the VonageReach Service (each, a “Plan Level”).
- Upgrades. Customer may request an upgrade to the Plan Level, which shall become effective within 5 days of request. Customer shall be billed for the old Plan Level and the new Plan Level on a pro rata basis for the billing cycle in which the upgrade is effective.
- Downgrades. Customer may request a downgrade to the Plan Level, which shall become effective in the next billing cycle for requests made 5 or more days before the end of the current billing cycle; and shall become effective in the billing cycle after the next, for requests made less than 5 days before the end of the current billing cycle.
- Cancellations. Cancellations shall be effective in the next billing cycle for requests made 5 or more days before the end of the current billing cycle; and shall be effective in the billing cycle after the next, for requests made less than 5 days before the end of the current billing cycle.
- No Spam Policy. The VonageReach Service may not be used for sending any unsolicited messages (commonly known as spam). If Customer is sending text or voice solicitations, Customer’s campaign must meet the "prior express written consent" standard under the Telephone Consumer Protection Act. Customer shall import, add, edit, access and otherwise use in connection with the VonageReach Service only contact information with proof, which Customer shall retain, of each contact’s prior express written consent to receive solicitations from Customer.
- Activity on Customer’s Account. Customer assumes full responsibility and accept the legal consequences of any action by anyone using Customer’s VonageReach account. Although Vonage does not assume the duty or obligation to monitor messages, Vonage reserves the right, in its sole and absolute discretion, to monitor any and all messages created or sent by Customer or any third party at any time without prior notice to ensure that they conform to the Terms and the VonageReach Terms.
Prohibited Activities. Customer shall not use the VonageReach Service for:
- Adversely affecting the availability, reliability, or stability of the VonageReach Service;
- Attempting to bypass, disable, or impair any security measure or otherwise using the VonageReach Service in any manner posing a security or service risk to Vonage, any Vonage customer, or any of its subscribers;
- Testing or reverse-engineering the VonageReach Service in order to evade filtering capabilities or to find limitations or vulnerabilities;
- Promoting or engaging in any illegal activity, including but not limited to fraud, in Customer’s connection with its VonageReach account;
- Harvesting or otherwise collecting without consent information including but not limited to email addresses and phone numbers;
- Engaging in spamming or any other activity that violates anti-spamming laws and regulations, including but not limited to the CAN-SPAM Act, the Telephone Consumer Protection Act, and the Do-Not-Call Act;
- Using the VonageReach Services in connection with any unsolicited or unwanted transmissions (commercial or otherwise), including but not limited to phone call, text message, and voicemail;
- Offering any emergency services (“emergency services” meaning any communications connection to emergency personnel or to public-safety answering points such as 911 and E911);
- Using Customer’s VonageReach account to mislead others as to the identity of the sender or the origin of a message or phone call by any means including but not limited to a false identity, a misleading email address or phone number, and a forged header;
- Violating or facilitating the violation of any U.S. or foreign law governing the transmission of technical data or software;
- Conducting a text-to-win sweepstakes other than via use of a dedicated short code (shared short codes may not be used for such promotions); or
Transmitting any of the following types of content, products, or services:
- Pornography, sexual products, otherwise sexually explicit material, and escort services;
- Illegal drugs and drug contraband, including marijuana;
- Alcoholic beverages and tobacco products, especially any promotion of alcoholic beverages or tobacco products to persons under 21 years of age;
- On the basis of the practices and standards of Customer’s industry and community, any illegal or improper promotion to persons under 18 years of age;
- Firearms and weapons;
- Products, services, or content commonly associated with unsolicited commercial messages (a.k.a. spam), including but not limited to online and direct pharmaceutical sales (e.g., health and sexual well-being products), work-at-home businesses, credit or finance management (e.g., credit repair, debt relief, stock and trading tips), mortgage finance, claims of lost bank accounts or inheritances, and odds-making and gambling services (e.g., poker, casino games, horse and dog racing, college and professional sporting events);
- Pyramid schemes or multilevel-marketing (a.k.a. MLM or network marketing) businesses, including but not limited to "get rich quick," "build your wealth," and "financial independence" offerings;
- Any libelous, defamatory, scandalous, threatening, or harassing activity;
- Objectionable content including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and any discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Advocation, promotion, or other encouragement of violence against any government, organization, group, or individual or any instruction, information, or assistance in causing or carrying out such violence; or
- Any product or service related to death (e.g., mortuaries and cemeteries).
Use of Mobile Keywords: Customer must include the information shown below in all of its promotional materials in all media and any other material promoting its mobile keywords. The Cellular Telephone Industries Association prohibits omission of this information in whole or in part. Failure to include the following terms may result in suspension of Customer’s mobile keyword without warning.
- Message Frequency;
- “Message and Data rates may apply” disclosure;
- HELP and STOP Instructions; and
- Deletion of Data after Termination. Vonage may delete any of Customer’s archived data after 30 days following the date of termination of its VonageReach account. If Customer’s VonageReach account has not been cancelled and is classified by Vonage as inactive for at least 90 days, Vonage reserves the sole discretion and right to permanently and irrevocably delete all of your Customer’s VonageReach account data.