Terms of Service
ACCEPTABLE USE POLICY
All Users of TQ’s Services are bound by and must comply with this Acceptable Use Policy (“AUP”). Account Holders are additionally responsible for ensuring that Users who access the Services through the Account Holder’s account are aware of and comply with this AUP.
- "Account Holder" means an entity or individual who has established an account for TQ Services.
- “AUP” means this Acceptable Use Policy, as it may be amended from time to time as described below.
- “TQ” means TeleQuality Communications, LLC together with any of its subsidiaries, parent companies, trade names or affiliates.
- “Services” means the broadband, W-Fi/LAN, voice, security, hosted/cloud computing or other services provided to you by TQ (either directly or indirectly through a third party vendor) through which you have access to or utilize any network or systems operated by or on behalf of TQ or its third party providers.
- “Users” or “You” or similar terms mean (i) the Account Holder, and (ii) each individual who gains access to the Services through the Account Holder’s account.
This AUP describes how you must use and what you cannot do with the Services. For the most part, simply exercising good judgment and common sense while using the Services should enable Users to comply with this AUP.
As a condition of use, Users promise not to use the Services for any purpose that is prohibited by this AUP. Users are responsible for all of Users’ activity in connection with the Services and the activity of any sub-user that uses Users’ access code or Account. Users shall not use any method to circumvent the provisions of this AUP. INDIRECT OR ATTEMPTED VIOLATIONS OF THIS AUP BY YOU, AND ACTUAL AND ATTEMPTED VIOLATIONS OF THIS AUP BY A THIRD PARTY ON YOUR BEHALF, SHALL BE CONSIDERED VIOLATIONS OF THIS AUP BY YOU. TQ will not, as an ordinary practice, proactively monitor the activities of its Users to ensure that its Users comply with this AUP and/or the law. If TQ is alerted to a possible violation of this AUP, TQ will take whatever measures it deems necessary to stop or prevent those violations, including the actions described in this AUP.
The items discussed in this AUP are intended merely to serve as guidelines regarding appropriate and inappropriate conduct, but these items are not intended to be exhaustive nor should they be interpreted as such. TQ reserves the sole and absolute right to determine whether a violation has occurred.
AMENDMENTS AND ACCESS
TQ may change this AUP from time to time by posting the updated version of this AUP to this url or otherwise providing notice to you. If you do not agree with the change you must stop using the Services. If you continue to use the Services following a change to this AUP you will be deemed to have accepted the change. To receive notification of AUP updates, subscribe your e-mail address to the AUP List at http://lists.ena.com/mailman/listinfo/aup-updates.
Users shall not transmit, distribute, post, store, link, or otherwise traffic in Content, information, software, or materials on or through the Service that (i) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, offensive, profane, contains or depicts pornography that is unlawful, or is otherwise inappropriate as determined by TQ in its sole discretion, (ii) constitutes unauthorized or unsolicited advertising, (iii) impersonates any person or entity, or (iv) includes anyone’s identification documents or sensitive financial information.
Users shall not: (i) take any action that imposes or may impose (as determined by TQ in its sole discretion) an unreasonable or disproportionately large load on TQ’s (or TQ’s third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures TQ may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) send or otherwise distribute unsolicited bulk or commercial messages in any form (“spam”) on the Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page or website; (vi) harvest or scrape any other content or information from the Services; or (vii) otherwise take any action in violation of TQ’s guidelines and policies, as may be communicated from time to time.
Users shall not: (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that Users receive hereunder. Users shall abide by all applicable local, state, federal and international law, order, or regulation.
Users must comply with, and refrain from violations of, any right of any other person, entity, law, or contractual duty, including without limitation the laws of the United States and the laws of the State where TQ Service is provided (or the laws that are applicable to TQ or to any User), and including without limitation those laws forbidding: (a) distribution of child pornography, (b) forgery, identity theft, misdirection or interference with electronic communications, (c) invasion of privacy, (d) unlawful sending of commercial electronic messages or other marketing or electronic communications, (e) collection of excessive user data from children, or other improper data collection activities, (f) securities violations, wire fraud, money laundering, or terrorist activities, or (f) false advertising, propagating or profiting from frauds and unfair schemes. Users will also comply with the affirmative requirements of law governing use of the Services, including but not limited to: (i) disclosure requirements, including those regarding notification of security breaches, (ii) records maintenance for regulated industries, and (iii) financial institution safeguards.
A User may not attempt to gain unauthorized access to, or attempt to interfere with or compromise the normal functioning, operation, or security of any network, system, computing facility, equipment, data, or information. A User may not use the Services to engage in any activities that may interfere with the ability of others to access or use the Services or any other networks or systems. A User may not use the Services to monitor any data, information, or communications on any network or system without authorization. A User may not attempt to gain unauthorized access to the user accounts or passwords of any third party. For further clarification, any activity that might be a precursor to any such activity (i.e. port scans, stealth scans, or other information gathering activities) is also prohibited.
Users may not use the Services to distribute, receive communications or data gleaned from, or execute any action directed by any type of injurious code, including but not limited to: (i) trojans, (ii) key loggers, (iii) viruses, (iv) malware, (v) botnets, (vi) denial of service attacks, (vii) flood or mail bombs, (viii) logic bombs, or (ix) other actions which TQ reserves the sole right to determine to be malicious in intent.
User understands that TQ is an online service provider pursuant to Title II of the Digital Millennium Copyright Act (17 USC §§ 512). Should TQ receive written notice from a copyright holder that you have infringed on their rights, we will follow the administrative procedures prescribed therein. Actions that TQ may take include requesting you to take down such copyrighted material all the way up to disconnecting your service should you not resolve the issue expeditiously.
Notwithstanding the forgoing, use of the Services in connection with any of the following activities is prohibited:
- 1. Any activity that TQ, in its sole discretion, determines to be harmful to its customers, operations, reputation or goodwill.
2. Any illegal activity, whether or not specifically listed in this AUP.
3. Any other inappropriate activity or abuse of the Service (as determined by us in our sole discretion), whether or not specifically listed in this AUP.
NO HIGH RISK USE
The Services are not fault-tolerant and are not guaranteed to be error free or operate uninterrupted. The Services shall not be used in any application or situation where failure of the Services could lead to death or serious bodily injury of any person, or to severe physical or environmental damage.
You may not use the Services to distribute email, instant messages, text messages or other electronic communications in an unacceptable or illegal manner. For example, You may not:
1. send unsolicited commercial or unsolicited bulk e-mail messages or other electronic communications in any form;
2. impersonate someone else or falsify message, IP or phone number information;
3. collect responses from mass unsolicited or commercial e-mail messages or other electronic communications in any form;
4. “mail bomb”, i.e. sending (i) excessively large volumes of e-mail messages, or (ii) e-mail messages with excessively large file attachments to a recipient, where a purpose or likely result of the activity is to impede, interfere with or otherwise negatively affect the ability of any third party to use the Internet or to conduct business over the Internet or to negatively affect the operation of any web site, host or network;
5. facilitate SMTP relays or similar relays to or from a third party’s electronic mail server, unless previous authorization has been obtained from the owner of the remote system;
6. host websites, offering services that support spamming or mail bombing or that cause or may, in TQ’s opinion, cause any IP address or range of IP addresses assigned to TQ to be listed in any spam database or blacklist.
Users of TQ’s Voice over IP (VoIP) and related services shall not use the Services for auto-dialing applications, including, continuous or extensive call forwarding, telemarketing, fax broadcasting or fax blasting, or for any other use that results in excessive usage inconsistent with standard commercial or healthcare institution calling patterns. Customer must comply with the federal Telephone Consumer Protection Act and other laws or regulations pertaining to “do not call” lists or registries. Additionally, Users shall not re-classify or re-originate traffic or take any other action to make traffic appear as if it (i) is anything other than the type of traffic delivered to Customer (including but not limited to making TDM originated traffic appear to be IP originated) or (ii) originated from a place or on a type of equipment different from the place or type of equipment from where it, in fact, originated; nor shall Users modify, alter or delete in any manner calling party number information, originating point codes or any other signaling information, or call detail in connection with the transport and termination of traffic to the called party.
CLOUD COMPUTING AND DATA CENTER SERVICES
Users shall take all commercially reasonable precautions to ensure that their physical and/or virtual servers do not become compromised. A compromised server is one that has been accessed or manipulated by any third party not authorized by the User or TQ. As a compromised server is potentially disruptive to the TQ services platform and the TQ network, and therefore to other TQ customers. TQ, at its sole discretion, may remove or disable access to any Services that violate this policy. TQ will take every effort, but does not assume the obligation, to notify the affected User in a timely manner prior to suspending Services. The Services will continue to remain offline and all access to and use of the server will continue to be suspended until the issue is resolved to TQ’s satisfaction. Notwithstanding the foregoing, where a compromised server is actively attacking other infrastructure components or networks or otherwise disrupting the TQ cloud computing platform, TQ network, and/or other TQ customers, TQ reserves the right to act to protect the integrity of its infrastructure and will suspend or permanently terminate access to and use of such compromised server immediately without prior notice to customer.
You are entirely responsible for maintaining the confidentiality of your password and account information, as well as the security of your network. You must adopt adequate security measures to prevent unauthorized use of your network or account. It is your responsibility to ensure that your network is configured in a secure manner, and you may not permit your network, through action or inaction, to be configured in such a way that a third party may use your network in an illegal or inappropriate manner. You agree immediately to notify us of any unauthorized use of your account or any other breach of security known to you. Should any of your systems be violated, you are responsible for reporting the violation and then fixing the exploited system. You are responsible for any misuse of your account, even if a friend, family member, guest, employee or other person committed the inappropriate activity.
THIRD PARTY RIGHTS
Users are responsible for obtaining and maintaining any necessary licenses for third party software installed on or otherwise utilized with TQ Services. Users may not use the Services in violation of the copyrights, trademarks, patents, or trade secrets of third parties, nor shall they utilize the Services to publish such materials in a manner that would expose them to public view in violation of the law. You must report to TQ in writing any suspected counterfeiting, piracy, or other intellectual property infringement as soon as You become aware of it.
THIRD PARTY POLICIES
ENFORCEMENT AND DISCLOSURE
If you engage in conduct while using the Services that is in violation of this AUP or is otherwise illegal or improper, we reserve the right to suspend and possibly terminate the Services or one or more Users’ access to the Services. In most cases, we will attempt to notify you of any such activity and request that You cease such activity; however, we reserve the right to suspend your Services or a User’s access to the Service without notification. In addition, we may take any other appropriate action, legal or otherwise, against a User for violations of this AUP, which may include termination of the Services. We do not make any promise, nor do we have any obligation, to monitor or police activity occurring via the Services and will have no liability to any party, including you, for any violation of this AUP. In addition to suspending or terminating Services or User accounts, we may also take any other action that we deem appropriate in response to a violation of this AUP, and nothing in this AUP shall be deemed as a waiver of any other remedy that we may have at law or in equity.
TQ also reserves the right to access, read, preserve, and disclose any information as TQ reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce this AUP, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security, or technical issues, (iv) respond to user support requests, or (v) protect the rights, property, or safety of TQ, TQ’s users, and the public.
If you become aware of any violation of this AUP by any person, including Users that have accessed the Services through your account, please notify us immediately via email at firstname.lastname@example.org. You agree to promptly investigate all such complaints and take all necessary actions to remedy any actual violations of this AUP. We may identify to the complainant that you are investigating the complaint and may provide the complainant with the necessary information to contact you directly to resolve the complaint. We reserve the right to install and use, or to have you install and use, any appropriate devices to prevent violations of this AUP, including devices designed to filter or terminate access to the Services provided by us. You agree to cooperate with TQ (and its third party providers) in investigating and/or enforcing any such violations of this AUP.
Complaints about violations of this AUP should be directed to email@example.com. Complaints should contain as much supporting information as possible, including (if available):
- All available header or IP information.
- The date and time of the alleged violation including the time zone or offset from GMT.
- Evidence of the alleged violation.
- Valid contact information for the complaining party so that we may request clarification or further details.
Last Revised: December 18, 2018
1. HOW AND WHAT INFORMATION IS COLLECTED BY TQ
TQ generally does not collect a significant amount of personally identifiable information, as described below, from users. No other company or organization collects personally identifiable information through TQ’s Services.
Information Provided by Healthcare Organizations or Through Computers Used at Healthcare Organizations. Healthcare Organizations provide TQ with most of the personal information necessary to allow users to use TQ’s Services. Users of computers at healthcare organizations may also directly provide TQ with personally identifiable information necessary to allow users to use TQ’s Services. TQ relies on healthcare organizations to obtain and presumes that they have obtained any required parental consent or permission before students may use TQ’s Services at a healthcare organization or through healthcare organization computers. In particular, healthcare organizations must notify parents (or guardians) and obtain parental consent before children under the age of 13 may use TQ’s Services. A healthcare organization or a user of healthcare organization computers may be asked to provide TQ with the following personally identifiable information for a user: full name, identification number, a username, a password, an e-mail address, or an instant message user identifier. From this information, TQ may create a screen name to access TQ’s Services. TQ may also ask a user to provide a self-generated question and a response to a self-generated question so that TQ can provide a forgotten password.
Telecommunications Services. We also want you to be aware that certain information related to telecommunications services provided to you by TQ, commonly referred to as “Customer Proprietary Network Information” or “CPNI,” is subject to special Federal laws and regulations, with which we are fully committed to comply, both in the on-line environment and in all other respects.
CPNI relates to the quantity, technical configuration, type, destination, and amount of use of a telecommunications service subscribed to by any customer of a telecommunications carrier, and that is made available to the carrier solely by virtue of the customer-carrier-relationship; and information contained in all the bills pertaining to telephone exchange service or telephone toll service received by a customer of a carrier.
Aggregate customer information or ACI is collective data that relates to a group or category of services or customers, from which individual customers and identities have been removed.
It is the policy of TQ to protect all proprietary information belonging to or in the control of TQ, including, without limitation, information about its customers and the services and products provided to those customers by TQ. It is further the policy of TQ to treat all CPNI and ACI in a confidential manner and to limit access, disclosure and use of such information in a manner consistent and in compliance with all requirements imposed by the 1996 Telecommunications Act and by the FCC.
All employees or representatives of TQ, including those who have access to or use CPNI or ACI, receive mandatory annual CPNI training, including, without limitation, training with respect to when they are and are not authorized to access and use CPNI or ACI.
Failure by any of our employees to comply with TQ’s policies concerning CPNI is subject to disciplinary actions which may, depending upon the severity of the failure, result in termination of employment.
Annual Customer Proprietary Network Information Certification. As required by Rule 64.2009(e) set forth at 47 CFR Part 64, the compliance certification and supporting statement of TeleQuality Communications, LLC is publicly available at the offices of TQ, 21202 Gathering Oak, San Antonio, Texas 78260
2. HOW INFORMATION IS USED BY TQ
Unless we specifically disclose it to you at the time of collection or subsequently obtain your approval, we will not make visitor or customer-specific information that is gathered on our site available to unaffiliated organizations for commercial purposes unrelated to the business of TQ. TQ may use this information to help us deliver the services you have requested, or to design or offer specific products or services that we believe will be useful to you. While we may use this information to contact you or to send materials to you for marketing purposes, we will take commercially reasonable steps to safeguard such information from unauthorized access by any other parties. As we strive to meet the needs of our customers, we may disclose personally identifiable information we collect, as described above, to companies and vendors that perform marketing or other services on our behalf or with whom we have joint marketing agreements so that we may provide a full range of products and services to you. Our policy is to prohibit these companies from otherwise selling or disclosing the personal information we provide.
We believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of TQ’s Acceptable Use Policy, or as otherwise required by law.
Certain federal, state, and local laws or government regulations may require us to disclose non-public personal information about you. In these circumstances, we will use reasonable efforts to disclose only the information required by law, subpoena, or court order to be disclosed.
TQ uses personally identifiable information obtained from users to assign usernames, passwords, and e-mail addresses, when requested, so that access can be limited to appropriate and authorized users. TQ also delivers the instant messages, e-mails, message board comments, and chat messages that users create. TQ does not read or disclose information contained in e-mails, chat rooms, instant messages, or message boards, unless required to do so by law, if we fear for the safety of one of our users, or for a reason described in the Legal Disclosures section below. Users, however, should be aware that messages and information posted publicly or provided to others could be seen or used by others.
An IP address is a number assigned to a computer for use with the World Wide Web. TQ collects IP addresses to assist in system and network administration, collect aggregate information, track trends, and audit use of TQ’s Services. TQ does not associate personally identifiable information with IP addresses.
TQ may supplement information provided by healthcare organizations or users with information obtained from outside sources.
3. DISCLOSURE OF INFORMATION
TQ does not share personally identifiable information with any outside companies or third parties or make such information publicly available. TQ does not advertise or market to children using TQ’s Services. TQ does not use any information about how individual users surf the Internet or our sites to help sell our products. TQ, however, may use aggregate information (i.e., anonymous and not tied to any personal information) for our own research purposes, to analyze the efficiency of our network, and to share with TQ partners, affiliates, or sponsors.
Legal Disclosures. TQ may disclose personally identifiable user information when TQ believes in good faith that such disclosure is necessary to protect the safety of any individual or the rights or property of TQ. TQ also may disclose personally identifiable information if TQ believes in good faith that such disclosure is necessary to identify, contact, or bring legal action against a person or entity that may be causing injury to or interference with TQ’s rights or property or a person or entity (for example, defamation, copyright violation, etc.). In addition, TQ may disclose personally identifiable information if TQ believes in good faith that it is required to do so by law.
5. E-MAIL LINKS
On various web pages, users can contact TQ directly through e-mail links to ask questions or make comments. TQ reads such messages and endeavors to respond promptly. TQ may file some comments or questions to improve TQ’s Services or TQ may discard them. TQ will not disclose any personally identifiable information contained in such questions and comments to any third parties.
6. LINKS TO OTHER SITES
In addition to the policies stated above, TQ has adopted special policies to protect the privacy of children under the age of 13 consistent with the Children’s Online Privacy Protection Act (“COPPA”). Parents are encouraged to discuss online protection with children.
TQ does not use personally identifiable information collected about children under the age of 13 for any marketing or promotional purposes. TQ does not condition a child’s participation in an activity on the child disclosing more personal information than is reasonably necessary to participate in such activity.
TQ may use online contact information, such as an e-mail, from a child under the age of 13 only to respond to a one-time specific request from a child; to respond more than once directly to a specific request from the child (such as for a forgotten password) and not re-contact the child beyond the scope of the request; to collect a child’s or parent’s e-mail address to provide notice and comment; or to collect a child’s name or online contact information to protect the security or liability of the site or to respond to law enforcement, if necessary (in which case TQ will not use the information for any other purpose). When the information is used to contact the child more than once, TQ will use reasonable efforts to notify the child’s parent (to stop the communication before sending or delivering a second communication to a child).
Parents or guardians can review, correct, or delete a student’s registration information if they wish to do so. A parent or guardian may do so by contacting TQ directly by phone, e-mail, or mail at the contact information below. Parents can also refuse to permit further collection or use of the child’s information by TQ.
8. TQ'S CONTACT INFORMATION
By e-mail: firstname.lastname@example.org
By phone: 210-408-0388
Last Revised: December 18, 2018