Acceptable Use Policy

This Acceptable Use Policy (“AUP”) governs Customer’s and end users’ use of all services provided by NocTel Communications, Inc. (“NocTel”), including NocTel Talk, Flow, Fiber, Go, Alert, Now, Fax, Insight, Dex, Drop, Warden, and any future NocTel products. By using NocTel Services, Customer agrees to comply with this AUP and to require all end users and third parties given access to NocTel Services to comply as well. NocTel may update this AUP by posting changes at noctel.com/aup. NocTel will notify Customers of material changes; continued use of Services after the effective date of any update constitutes acceptance.

1. Customer Responsibility

Compliance with this AUP is the responsibility of the Customer account holder and all end users, employees, contractors, and agents who access NocTel Services through Customer’s account. Customer is responsible for all activity originating from or through Customer’s account or equipment, whether or not authorized by Customer. Failure to comply with this AUP may result in immediate suspension or termination of Services.

2. Prohibited Uses — All Services

Customer and end users shall not use NocTel Services to:

• Engage in any unlawful activity, including transmitting, storing, or disseminating content that is defamatory, obscene, threatening, or that infringes any third-party intellectual property rights.
• Access, probe, or attempt to breach the security of any system, network, server, or account without explicit authorization from the owner.
• Distribute malware, viruses, ransomware, spyware, or any other malicious code or content.
• Conduct denial-of-service attacks, network flooding, packet amplification, or any activity that degrades service for other users.
• Transmit unsolicited bulk messages, spam, or commercial messages to recipients who have not opted in.
• Forge, alter, or remove electronic mail or SIP headers, or misrepresent the origin of any communication.
• Harvest or collect personal information about third parties without their prior consent.
• Impersonate any person or entity, or engage in fraudulent misrepresentation.
• Violate the rules, regulations, or policies applicable to any third-party network, service, or system accessed through NocTel Services.
• Interfere with or disrupt NocTel’s Network, infrastructure, or other customers’ use of Services.

3. Prohibited Uses — Voice Services

In addition to the general prohibitions above, the following uses of NocTel Talk, Flow, Go, and SIP trunking services are prohibited:

• Auto-dialing, predictive dialing, robocalling, or operating any automated calling system in violation of the Telephone Consumer Protection Act (TCPA), the FCC’s Do-Not-Call rules, or any applicable state law.
• Fax broadcasting, fax blasting, or transmitting unsolicited fax messages.
• Operating a call center, telemarketing operation, or high-volume outbound campaign without NocTel’s prior written approval.
• Placing calls or sending messages to numbers on the National Do Not Call Registry without the required exemption or consent.
• Using voice services for continuous, extensive, or automated call forwarding in a manner that creates undue network burden.
• Making or attempting to make calls to any jurisdiction in which such calls are prohibited by applicable law or regulation.
• Using voice services from any location other than the registered service address without updating location information with NocTel, particularly for 911/E911 purposes.

4. Prohibited Uses — Data and Internet Services

In addition to the general prohibitions, the following uses of NocTel Fiber and Internet access services are prohibited:

• Reselling, sublicensing, or providing Internet access to third parties outside Customer’s organization without NocTel’s prior written consent or a Reseller Agreement.
• Operating open wireless access points that provide public Internet access beyond Customer’s premises.
• Connecting to or operating any network that places excessive or unreasonable burden on NocTel’s infrastructure or degrades service for other customers.
• Conducting port scans, network probing, or security assessments of third-party systems without explicit written authorization from the target system owner.
• Engaging in peer-to-peer file sharing of copyrighted content in violation of applicable copyright law.

5. Toll Fraud and Call Abuse

Customer is responsible for all charges arising from fraudulent or unauthorized call activity originating from Customer’s account or equipment, including international toll fraud and dial-through fraud, regardless of whether Customer authorized such activity. NocTel may implement fraud controls at any time but is not obligated to do so. Customer should implement password protection on voicemail, IVR systems, and PBX administration portals, and should contact NocTel support immediately if unauthorized activity is suspected.

6. Copyright Compliance

NocTel requires compliance with applicable U.S. copyright law and the Digital Millennium Copyright Act (DMCA). Content transmitted, stored, or distributed through NocTel Services must not infringe third-party intellectual property rights. NocTel will respond appropriately to valid DMCA takedown notices. Repeat infringers are subject to termination of Service. DMCA notices may be sent to:

• NocTel Communications, Inc. — DMCA Agent
• Email: legal@noctel.com
• Mail: PO Box 35, Washougal, WA 98671

7. Security

Customer is responsible for securing its own equipment, networks, and credentials used to access NocTel Services. NocTel does not monitor Customer traffic for security purposes. Customer should implement firewalls, strong passwords, multi-factor authentication where available, and current security patches. NocTel will cooperate with law enforcement investigations as required by law, which may include providing available subscriber information.

8. Enforcement

NocTel does not routinely monitor Customer activity for AUP violations but reserves the right to monitor network usage to maintain service quality and investigate suspected violations. If NocTel determines in its sole discretion that a Customer or end user is violating this AUP, NocTel may, without prior notice: temporarily suspend affected Services; filter or block specific traffic or communications; require corrective action; or terminate Services and the applicable agreement. NocTel prefers to notify Customers and allow an opportunity to correct violations where the situation permits, but is not obligated to do so before acting to protect the Network or other customers.

9. Reporting Violations

To report suspected AUP violations by NocTel customers or to report abuse originating from NocTel’s network, contact:

• NocTel Abuse Team
• Email: abuse@noctel.com
• Phone: +1 360.837.7400

10. Contact

Questions about this AUP should be directed to support@noctel.com or +1 360.837.7400.

See also our E911 Disclosure, CPNI Policy, Terms of Use, and Privacy Policy.