6. Restricted Use of Plan Services: Neither you nor any user of your Plan Services may use or permit the use of your Plan Services in any of the following manners:
a. In any way or for any purpose that is fraudulent, malicious, deceptive, dishonest, abusive, obscene, threatening, harassing, tortious, improper, defamatory, libelous, slanderous, or in violation of any law.
b. Intentionally sending or transmitting unsolicited, “junk,” or “spam” advertisements, communications, or messages (commercial or otherwise) without consent, including but not limited to email, voicemail, SMS, facsimile, or internet facsimile.
c. Harvesting or collecting information about others, including but not limited to email addresses or personally identifiable information, without their consent.
d. Intentionally engaging in blasting or broadcasting bulk communications, advertisements, or messages (e.g., sending hundreds of messages simultaneously), including but not limited to email, voicemail, SMS,
facsimile, or internet facsimile.
e. Performing auto-dialing or “predictive” dialing (i.e., non-manual dialing or using a software program or other means to continuously dial or place outbound calls) in violation of applicable law.
f. Transmitting any communication that would violate any applicable law, including but not limited to the Telephone Consumer Protection Act, the Junk Fax Prevention Act of 2005, the rules governing the Do Not Call Registry, Canadian Unsolicited Telecommunications Rules.
g. Intentionally transmitting or storing any material containing viruses, time bombs, Trojan horses, worms, malware, spyware, or any other harmful or dangerous programs or materials.
h. Transmitting misleading or inaccurate caller ID information with the intent to defraud, cause harm, or wrongfully obtain anything of value, including creating a false caller ID identity or forged email/SMS address or header or otherwise attempting to mislead others as to the sender’s identity or the origin of any outbound Customer Communication.
i. Infringing, misappropriating, or otherwise violating the foreign or domestic intellectual property rights or proprietary rights of any party, including but not limited to transmitting or storing any material that might infringe, misappropriate, or otherwise violate any such rights.
j. Violating the right to privacy, personality, or publicity of any party, including but not limited to transmitting or storing any material that might violate any such rights.
k. Violating any law regarding the transmission of technical data, information, or software through the Plan Services.
l. Interfering with ULTATEL’s ability to provide high-quality products or services to other customers.
m. Storing protected health information (PHI); or if you qualify as a “covered entity,” “business associate,” or “subcontractor” under the Health Insurance Portability and Accountability Act (HIPAA) (or similar terms under similar legislation in other jurisdictions) or are otherwise subject to HIPAA, transmitting, receiving, or storing PHI without the ULTATEL HIPAA Conduit setting being active and in effect.
A violation of the obligations in this section constitutes a material breach of these Terms of Service or your commercial service Agreement, as applicable, allowing ULTATEL to suspend service, terminate the Agreement immediately, or take any other action ULTATEL deems necessary to enforce the terms of this section.