Carrier Acceptable Use Policies

The products and services (the “Service”) provided by Hiya, Inc. to any party (“Company”) are subject to these carrier-provided terms.

Special terms for calls terminating on the AT&T network

Company represents and warrants that it: a) is an entity that may validly engage in the activities for which it is using the telephone numbers registered with Hiya for branded calling (i.e., a business engaged in communications with AT&T customers that has a relationship with Company); b) has sufficient rights, by ownership or otherwise, to the telephone numbers which it is registering with Hiya for branded calling services; and c) is authorized to use the names, marks, and other information that it wishes to have displayed to recipients of telephone calls.

Company must comply with all applicable laws including, by way of example and not by way of limitation, the Telephone Consumer Protection Act and in particular the applicable rules requiring consent from AT&T customers to receive calls.

To the extent Hiya obtains or uses ATT customer information, including CPNI, in connection with providing the branded calling service, Hiya shall be an authorized agent of AT&T with respect to the receipt and use of such information. Notwithstanding the foregoing, Hiya is prohibited from sharing such information with Company.

Hiya may immediately suspend Company’s use of the Service to the extent it terminates on the AT&T network at AT&T’s request or if Hiya’s contract with AT&T changes materially.

Special Terms for calls terminating on the Verizon network

Company agrees that it shall not use the Service to:

1. engage in any activities that are illegal, abusive, false, fraudulent, deceptive, or misleading or likely to deceive or mislead;
2. engage in any unlawful activities, including, without limitation, unlawful unsolicited advertising or marketing, or any other activities that violate laws applicable to advertising, electronic communications, and telemarketing, including, but not limited to, the Telephone Consumer Protection Act, 47 U.S.C. § 227, and implementing regulations, 47 C.F.R. §§ 64.1200 et seq.;
3. attempt to mislead others as to the identity of the origin of a phone call, including failing to comply with the Truth in Caller ID Act, 47 U.S.C. § 227, and implementing regulations, 47 C.F.R. §§ 64.1600-1605; or
4. transmit any material or content that:

• is obscene, libelous, defamatory, discriminatory, offensive, unsuitable for minors, or otherwise malicious or harmful to any person or entity;
• contains hate speech, excessive violence, or profanity;
• promotes or glamorizes alcohol abuse, illegal drug use, or use of tobacco products;
• contains strong sexual, explicit, or erotic themes;
• violates or infringes the intellectual property rights or other personal or proprietary rights of any third party (including any carrier or subscriber);
• disparages any carrier or any of its affiliates; or
• violates any applicable industry standards, policies, or guidelines published by the Cellular Telecommunications Industry Association (CTIA) or Mobile Marketing Association.

Company agrees that Transaction Network Services, Inc. (“TNS,” Hiya’s provider of Verizon branded calling services) may immediately suspend Company for any known or suspected violation of these standards. TNS may immediately suspend Company’s use of the Service to the extent it terminates on the Verizon network at Verizon’s request.

In addition, Verizon imposes a surcharge on each call terminating on its network, which will be passed through to Company without additional mark-up by Hiya.

Special Terms for calls terminating on the TMO/Sprint network

Company agrees to comply with the Acceptable Use Policy found at https://firstorion.com/acceptable-use-policy-dev/.