Acceptable Use Policy & Agreements – January 2017
Spok, Inc. and its operating subsidiaries (“Spok”) have published this Acceptable Use Policy (“Policy”) in an effort to provide high quality, reliable service; protect the privacy and security of its customers, systems, and networks; encourage responsible use of Spok’s resources; and comply with applicable laws.
This Policy applies to all Spok customers, users of software, communication systems and paging services (“Services”) offered by Spok, and those who access Spok’s communication networks (“Networks”), hereinafter referred to as “you.” Services include but are not limited to one‐way and two‐way paging, text messaging, mobile communications, mass notification, public safety communications and software services. This Policy governs when and under what circumstances Spok may suspend or terminate your use of the Services and access to Spok’s Networks. By using our Services or accessing our Networks, you consent to the acceptable use practices described in this Policy, as modified from time to time by us.
This Policy supplements, but does not supersede, the contract that customers have with Spok or one of its operating subsidiaries; if such a contract restricts a use of the Networks that is not addressed in this Policy, the contract will govern with respect to such use. Spok users and subscribers may use the Services only in a manner consistent with all applicable local, state and federal laws and regulations, and in accordance with their customer contract and the acceptable use practices set forth below.
Some services are not secure methods of communication, and Company cannot and does not guarantee against improper actions of third parties that interfere with the privacy of messages or the integrity of the Services.
Spok’s Networks may not be used to transmit any material that violates any applicable local, state, national, or international law, or any rules or regulations promulgated there under. A subscriber may not, through action or inaction, allow others to use the Networks in a manner that violates law or any applicable rules or regulations. Such violations may result in criminal and civil liability. Spok may investigate incidents involving such violations and may involve and/or cooperate with law enforcement if a criminal violation is suspected.
Spok’s Networks may not be used for any activity that adversely affects the ability of other people or systems to use the Networks. Such prohibited activities include, but are not limited to, the following acts and practices: Excessive Messaging Sending multiple messages in a short time period and excessive overall messaging can interfere or overload the Networks. Spok reserves the right to take action against any user that uses the networks excessively with utilization charges and or termination of service. Use in excess of the following thresholds is a violation of this Policy (including for service plans that allow for an unlimited number of messages or characters (“Unlimited Use Plans”)
Auto-Appended Message Content
Auto‐Appended Disclaimers and Notices. Disclaimers, confidentiality and other notices that are automatically added to the text of messages sent via the Spok networks can interfere with the use of the networks.
Paging Unlimited Use Plans and Excessive Use of Networks
Unlimited Use Plans are defined as a plan with a maximum of 5,000 one‐way messages per month and 250,000 two‐way characters per month. Messages over the 5,000 maximum will be billed at a rate of $0.25 per message and characters in excess of 250,000 will be billed at a rate of $0.0005 per character.
Unless otherwise expressly agreed to by Spok in writing, messaging services, including those under Paging Unlimited Use Plans cannot be used for:
- Uploading, downloading or streaming of movies, music or games.
- With server devices or with hosted computer applications, including but not limited to, automatic data feeds, automated machine-to-machine connections, machine generated messages, or peer-to-peer (P2P) file sharing.
- As a substitute or backup for dedicated data connections.
“Denial of Service”
Denial of Service (DoS) attacks against Spok, another network host, or an individual user.
Intentional interference with or disruption of other network users, network hosts, or network equipment, including, without limitation, flooding techniques, deliberate attempts to overload a system, or broadcast attacks.
Interception and Unauthorized Monitoring
Interception or unauthorized monitoring of any data or traffic on any network or system without the express authorization of Spok.
Modification to Transmission
The installation of amplifiers, enhancers, repeaters, or other devices that modify, disrupt, or interfere in any way with the radio frequencies licensed to Spok to provide the Services is prohibited.
Spok’s Networks may not be used to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Spok or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data.
Collection of Personal Data
Using the Networks to collect, or attempt to collect, personal information about third parties (including e‐mail addresses) without their knowledge or consent is prohibited.
Reselling the Services (including under Unlimited Use Plans) without Spok’s authorization is prohibited.
Content Harmful or Offensive to Others
Spok’s Networks may not be used to transmit any material that is unlawful, libelous, defamatory, slanderous, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, and invasive of privacy or publicity rights, abusive, inflammatory, or otherwise harmful or offensive to others. Using the Networks to harm, or attempt to harm minors in any way is prohibited. Spok’s Networks may not be used to transmit materials of a threatening nature, including death threats or threats of physical harm. Material that threatens or encourages destruction of property is expressly prohibited.
Unsolicited Commercial Messages/ Unsolicited Bulk Messages
Using the Networks to transmit any unsolicited commercial message or unsolicited bulk messages is prohibited. Activities that have the effect of facilitating unsolicited commercial messages or unsolicited bulk messages are prohibited. As used in this paragraph, an “unsolicited commercial message” means any electronic mail or text message that promotes a commercial product or service and is sent without the express prior authorization of the recipient. Messages that have the primary purpose of facilitating, completing, confirming, providing, or requesting information about a commercial transaction that the recipient previously agreed to enter into with the sender is not an “unsolicited commercial message.”
Spok has registered its wireless domain names (including usamobility.net, archwireless.net and my2way.com) with the Federal Communications Commission’s (“FCC”) wireless domain name registry. The transmission of mobile service commercial messages to such domains without the express prior authorization of the subscriber is prohibited under federal law and this Policy.
Spok’s Networks may not be used to transmit deceptive or misleading content, such as letters relating to pyramid schemes, or communications offering or disseminating fraudulent goods, services, schemes, or promotion.
Copyright, Trademark, and Patent Infringement
Using the Networks to transmit any material that is protected by copyright, trademark, patent, trade secret, or other intellectual property rights of any third party, unless the sender has received all necessary consents to do the same, is prohibited.
Deceptive and Misleading Usernames/Headers
Adding, removing, or modifying identifying Networks header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited.
Responsibility for Content
Spok takes no responsibility and assumes no liability for any content uploaded, transmitted, or downloaded by you or any third party, or for any mistakes, defamation, slander, libel, omission, falsehoods, obscenity, pornography, or profanity you may encounter. You agree to indemnify and hold Spok harmless from any claim, action, demand, loss, or damage (including attorneys’ fees) made or incurred by any third party arising out of or relating to your violation of this Policy.
Access to Transactional Information and Content
Spok may access, use, and disclose transaction information about your use of our Services, and any content transmitted to or by you via the Services or through the Services, to the extent permitted by law, in order to comply with the law (e.g., if necessary to respond to civil or criminal subpoenas); to enforce or apply our customer agreements; to initiate, render, bill and collect for our Services; to protect our rights or property; or to protect users of our Services from fraudulent, abusive, or unlawful use of, or subscription to, our Services. For certain health care industry customers of Spok, Spok may access, use or disclose protected health information subject to the Health Insurance Portability and Accountability Acct (“HIPAA”). In such instances, Spok complies with applicable privacy and security obligations as a “business associate” under HIPAA.
For wireless services only: Telecommunication companies that provide paging services such as Spok, generally are considered conduits because they merely provide data transportation/transmission services. An entity is considered a “business associate” if it creates, transmits, maintains, or receives PHI on behalf of a covered entity for a function or activity regulated by HIPAA. See 45 C.F.R. § 160.103 (definition of “Business associate”). An entity that merely acts as a conduit for PHI, however, is not considered a business associate and is not subject to the various obligations imposed on business associates by HIPAA. The “conduit exception” is narrow and applies only to entities that simply transport or transmit PHI, including any temporary storage of transmitted data incident to such transmission. The key distinction is that a conduit transports/transmits PHI but, unlike a business associate, does not access it other than on a “random or infrequent basis as necessary to perform the transportation service or as required by law.” 78 Fed. Reg. 5571-72 (https://www.gpo.gov/fdsys/pkg/FR-2013-01-25/pdf/2013-01073.pdf).
If your customer agreement with Spok provides that Spok may disclose to you records or other information, such as historical message content, log files, database records, etc., or if Spok otherwise discloses such information to you upon your request and consent, you agree to indemnify and hold Spok harmless from any claim, action, demand, loss, or damage (including attorneys’ fees) made or incurred by any third party arising out of or relating to such disclosure. To the extent that you, as a customer of Spok, request such transactional information and content from Spok, you warrant to Spok that you have notified your employees or other users of the Service for whom you have subscribed that their information may be monitored, recorded, transcribed, and disclosed without their prior knowledge or consent, and that these users understand that they will not have any legal rights or remedies against Spok with respect to such actions taken at your request.
Spok, in its sole discretion, may take any one or more of the following actions in response to violations of this Policy: Issue written or verbal warnings, suspend the Services, terminate the Services, bill the customer for administrative costs and/or reactivation charges, block Networks input from a violating source or to a destination, bring legal action to enjoin violations and/or to collect damages, if any, caused by violations. Indirect or attempted violations of this policy or any related policy, guideline, or agreement. Actual or attempted violations by a third party on your behalf shall be considered violations of this policy by you.
The failure of Spok to enforce this Policy, for whatever reason, shall not be construed as a waiver of any right to do so at any time. If any portion of this Policy is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect.
Changes to this Policy
Spok reserves the right to make changes to this Policy at any time if our practices change, as technology changes, or as we add new Services or change existing ones. You should refer back to this page periodically for the latest information.