Acceptable Use Policy

Effective date: August 29, 2024

CHINA TELECOM (AMERICAS) CORPORATION

You are reading this Acceptable Use Policy (“Policy”) because you are using a website, network, system, digital experience, social media platform, wearable technology, or other products or services (collectively, the “Service”) provided by China Telecom (Americas) Corporation (“CT Americas”).  You may access the Service through a computer, tablet, console, or other technology (collectively, the “Device”).

1. SCOPE OF THIS POLICY

This Policy defines acceptable practices relating to the use of the Service by customers of CT Americas (“Customers”) and by users that have gained access to the Service through Customers (“Users”).

As used in this Policy, “you” refers to Customers, and any reference to “Users” is intended to encompass, as applicable, both Customers and their Users. “CT Americas” means China Telecom (Americas) Corporation and all of its affiliates (including direct and indirect subsidiaries and parents). “Service” includes, without limitation, CT Americas’ network (and, where applicable, third-party networks provided as a Service to you), including all equipment, systems, facilities, services and products incorporated or used in such transmission network. The Policy applies to all aspects of the Service. The Policy is designed to protect the security, integrity, reliability, and privacy of the Services. By using, or continuing to use, the Service, you acknowledge that you and your Users are responsible for compliance with the Policy and you agree to take all reasonable steps to ensure that you, your employees and your Users do not misuse, abuse or fraudulently use the Services or otherwise violate the Policy. You are responsible for violations of this Policy by any User that accesses the Services through your account.

The use of a Service by a Customer is subject to either the Terms and Conditions posted on the CT Americas website (https://www.ctamericas.com/terms-conditions/) or specific terms and conditions entered into by agreement between such Customer and CT Americas (collectively, “Service Terms and Conditions”).

This Policy is incorporated into such Service Terms and Conditions by reference, and a violation of this Policy constitutes a breach of the Service Terms and Conditions. No failure or delay in exercising or enforcing this Policy shall constitute a waiver of the Policy or of any other right or remedy of CT Americas under this Policy or the applicable Service Terms and Conditions. If any provision of this Policy is deemed unenforceable due to law or change in law, such a provision shall be disregarded and the balance of the Policy shall remain in effect. If there is a conflict between the terms of this Policy and the Service Terms and Conditions, the Service Terms and Conditions will control. For the avoidance of doubt, it will not be considered a conflict if this Policy imposes additional requirements beyond those imposed by the Service Terms and Conditions.

2. PROHIBITED USES

A Customer will not, and will take all reasonable measures to ensure that its own employees, customers and Users do not, misuse or abuse the Services. In general, a Customer may not use (or facilitate or allow other Users to use) the Service:

• for any illegal or fraudulent activity;
• to violate the rights of others;
• to threaten, incite, promote, or actively encourage violence, terrorism, or other serious harm;
• for any content or activity that promotes child sexual exploitation or abuse;
• to violate the security, integrity, or availability of any user, network, computer or communications system, software application, or network or computing device;
• to distribute, publish, send, or facilitate the sending of unsolicited mass email or other messages, promotions, advertising, or solicitations;
• to engage in activities that violate economic sanctions or export control regulations;
• to provide service to individuals or entities from embargoed countries or in violation of any sanctions; or
• to conduct any other activities that are harmful or illegal.

The listing above of prohibited uses and activities is not exhaustive and CT Americas reserves the right to determine that any conduct that is or could be harmful to its business, the Service, its Customers, Users or other third parties is in violation of this Policy and to exercise any or all of the remedies contained in this Policy or otherwise available to CT Americas.

Illegal Activity

The Service shall be used only for lawful purposes. Use of the Service for transmission, distribution, use, posting, retrieval, or storage of any information, data or other material for any illegal purpose or in violation of any applicable (at the time of such use) local, state, provincial, federal, national or international law, treaty, court order, ordinance, regulation or administrative rule is prohibited. This includes, without limitation, the use or transmission of any data or material protected by copyright, trademark, trade secret, patent or other intellectual property right without proper authorization and the transmission of any material that constitutes an illegal threat, violates export control laws, or is obscene, defamatory or otherwise unlawful.

Unauthorized Access or Use/Interference

A User may not attempt to gain unauthorized access to the Service by any means or device with intent to avoid payment or attempt to interfere with or compromise the normal functioning, operation or security of the Service. A User may not use the Service so as to impair or interfere with the use of equipment or facilities of CT Americas, its affiliates or underlying carriers by other Customers or their Users. A User may not use any Service to access, monitor or use any system or network or any data, information, or communications on any network or system without authorization. A User may not attempt to gain unauthorized access to, or attempt to destroy or alter, the confidential or proprietary information or User Content of other Customers. Customers may not resell any CT Americas Service without the express prior written consent of CT Americas.

Unsolicited Commercial Email/Spamming/Mailbombing

Violation of the CAN-SPAM Act of 2003, or any other applicable law regulating e-mail services and prohibiting such practices as “spamming” or “mailbombing,” constitutes a violation of this Policy. Further, a User may not use the Service to transmit any unsolicited commercial e-mail message(s) or deliberately send any excessively large attachment(s) to one recipient. Use of the service of another provider to send unsolicited commercial email, spam or mailbombs, to promote a site hosted on or connected to the Service, is similarly prohibited. Likewise, a User may not use the Service to collect responses from mass unsolicited e-mail messages. CT Americas may in its sole discretion rely upon information obtained from anti-spamming organizations (including for example and without limitation spamhaus.org, spamcop.net, sorbs.net, and abuse.net) as evidence that a User is an active “spam operation” for purposes of taking remedial action under this Policy.

Spoofing/Fraud

Any form of fraudulent use of the Service is prohibited. For example, users may not intentionally or negligently inject false data into the Internet, for instance in the form of bad routing information (including but not limited to the announcing of networks owned by someone else or reserved by the Internet Assigned Numbers Authority) or incorrect DNS information. A User may not attempt to send e-mail messages or transmit any electronic communications using a name or address of someone other than the User for purposes of deception. Any attempt to impersonate someone else by altering a source IP address information or by using forged headers or other identifying information is prohibited. Any attempt to fraudulently conceal, forge or otherwise falsify a User’s identity in connection with use of the Service is prohibited.

Violation of Privacy

Use of the Service to impair or interfere with the privacy of any communications, or infringe any third party intellectual property rights is prohibited.

Network Harm

Any activity that disrupts, degrades, harms or threatens to harm the Service is prohibited, including but not limited to the intentional transmission or introduction of files containing a computer virus or corrupted data or otherwise. Attempting to circumvent or alter the processes or procedures utilized by CT Americas for operations control, system management, Customer billing or fault repair; attempts to overload the Service; and physically damaging any equipment or components of the Service are also prohibited.

Intellectual Property

Material accessible through the Service may be subject to protection under privacy, publicity, or other personal rights and intellectual property rights, including but not limited to, copyrights and laws protecting patents, trademarks, trade secrets or other proprietary information. Users shall not use the Service in any manner that would infringe, dilute, misappropriate, or otherwise violate any such rights.

3. RIGHTS OF CT AMERICAS

Suspension or Termination of Service

The responsibility for avoiding prohibited activities rests primarily with the Users. Except to the extent required by U.S. Law or Government request, CT Americas will not, as an ordinary practice, monitor the communications of its Users to ensure that they comply with the Policy or applicable law. When CT Americas becomes aware of Users’ engagement in conduct that violates the Policy, or is otherwise illegal or improper, including without limitation repeated violations by a User whereby correction of individual violations does not in CT Americas’ sole discretion correct a pattern of the same or similar violations, CT Americas reserves the right to suspend and/or terminate the Service or the User’s access to the Service. CT Americas will generally attempt to notify Users (via email) of any activity in violation of the Policy and request that the User cease such activity; however, we reserve the right to suspend or terminate your Service or the User’s access to the Service without such notification if any violation of the Policy or any other misuse of Service or misconduct with respect to Service on the part of Customer or its employees, agents or Users creates, in CT Americas’ sole reasonable judgment, an imminent risk of material damage to the Service, facilities or other property, or , upon request of a government authority. In addition, we may take any other appropriate action against you or the User for violations of the Policy. CT Americas reserves the right to avail itself of the safe harbor provisions of the Digital Millennium Copyright Act.

Cooperation with Investigations

CT Americas reserves the right to disclose Customer and/or User information to the extent required by local, state, provincial, federal, national or international law, treaty, court order, ordinance, regulation or administrative rule. CT Americas will cooperate with appropriate law enforcement agencies and other parties involved in investigating claims of illegal or inappropriate activity and by accepting and using Services, you consent to our disclosure of Customer and/or User information in connection therewith, without the need for CT Americas to obtain a subpoena or court order. In instances involving child pornography, CT Americas complies with all applicable laws, including, but not limited to, providing notice as may be required to the US National Center for the Missing and Exploited Children or other designated agencies. Further, you agree to assist in the event that CT Americas requires information from you to comply with traceback requests from FCC, law enforcement agencies and industry consortium, and to cooperate with any other investigations related to robocalling, caller identification manipulation or compliance with state and federal telemarketing rules. Failure to comply may result in the termination of Service.

Modifications to Policy

CT Americas reserves the right to modify this Policy at any time without notice. We will attempt to notify Customers of any such modifications either via e-mail or by posting a revised version of the Policy on our Web site. Any such modifications shall be effective and applied prospectively from the date of posting or such e-mail transmission.

Collection of Service Information

By accepting and using the Service, you consent to allowing CT Americas to collect aggregate billing and usage data as well as service performance and routing information in the normal course of our business, and to use such information for the purpose of providing Service for the benefit of the Customer.

4. RESPONSIBILITIES OF CUSTOMERS

User Data

Customers remain solely and fully responsible for the content of any material posted, hosted, downloaded/uploaded, created, accessed or transmitted by its Users of the Services, including content provided on third-party websites linked to the Service (“User Content”). Customers will protect the privacy and legal rights of their own Users under all applicable laws and will obtain any required User consents to enable Customer to access, monitor, use, or disclose User data as may be required by law. Customers are responsible for maintaining appropriate physical, technical and organizational measures, internal controls, and data security routines consistent with industry best practices to protect User data against accidental loss or change, unauthorized disclosure or access, accidental or unlawful destruction, other unlawful forms of processing and any information security breach. Customers also must have the ability to access, monitor, use, or disclose User data as may be required by law. Customer must obtain and maintain any required consents from Users to allow Customer’s access, monitoring, use and disclosure of User data. Customers are responsible for taking prompt corrective action(s) to remedy a violation of this Policy and to help prevent similar future violations.

Customer Systems and Equipment

Customers are responsible for ensuring and maintaining security of their networks, systems, equipment and software (“Systems”) that connect to and use the Service, including, but not limited to, implementation of necessary patches and operating system updates. Customers are responsible for educating themselves and configuring their own Systems to interface with the Service with appropriate technical compatibility and security. Customers are responsible for obtaining all necessary and appropriate governmental approvals for their own Systems, operating them in compliance with all applicable standards and requirements, and maintaining them in sound working order.

Threats to CT Americas’ Network

Customers are responsible for notifying CT Americas immediately if they become aware of an impending event that may negatively affect the Service. This includes, but is not limited to, extortion threats that involve threat of “denial of service” attacks, unauthorized access, or other security events.

Compliance with Laws

Customers are responsible for determining what laws or regulations are applicable to its use of the Service and for ensuring its ongoing compliance with such laws and regulations.

ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE AND CONTENT DISCLAIMER

CT Americas makes no guarantee of, and assumes no liability for, the security or integrity of any information transmitted through or stored upon a Service, including any data or information transmitted via any server designated as “secure.” CT Americas makes no guarantee that any other entity or group of users will be included or excluded from the Service. In addition, CT Americas may periodically monitor transmissions over its network for maintenance, service quality assurance or any other purpose permitted by the Electronic Communications Privacy Act, P.L. No. 99-508, as amended.

EXCEPT TO THE EXTENT REQUIRED BY LAW OR GOVERNMENT REQUEST, CT AMERICAS DOES NOT MONITOR AND DISCLAIMS ALL LIABILITY AND RESPONSIBILITY FOR CUSTOMER DATA TRANSMITTED VIA AN APPLICABLE SERVICE AND DISCLAIMS LIABILITY AND RESPONSIBILITY FOR UNAUTHORIZED USE OR MISUSE OF ANY APPLICABLE SERVICE. CT AMERICAS DOES NOT  OPERATE OR CONTROL THE INFORMATION, SERVICES, OPINIONS OR OTHER CONTENT OF THE INTERNET AND DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR SUCH CONTENT.

5. OWNERSHIP OF CONTENT

Except for User Content (defined below), all of the content on our platform – including text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, articles, news stories, sketches, animations, stickers, general artwork and other content (“Content”) – is owned by CT Americas or others we license Content from, and is protected by copyright, trademark, patent and other laws. CT Americas reserves all rights not expressly described in these Terms.

All trademarks, service marks and trade names are owned, registered and/or licensed by CT Americas.  You do not acquire a license or any ownership rights to any trademarks, service marks, or trade names through your access or use of the Platform or Content.

You agree not to change or delete any ownership notices from materials downloaded or printed from the Platform.

To the extent CT Americas approves the download or use of Content comprised of copyrights or copyrightable works, CT Americas grants you a limited, personal, non-transferable, non-sublicensable, and revocable license to access and use such copyrights or copyrightable works solely for their intended purpose and solely for as long as CT Americas makes such Content generally available to the public. You do not acquire any ownership rights in the Content (including any trademarks or other intellectual property included in the Content), and all such Content is intended for personal, non-commercial use.  CT Americas reserves the right to monitor your use and to alter or revoke this license or your access to the Content at any time and for any reason.  CT Americas reserves the right to take down any Content in violation of these terms or CT Americas’ intellectual property rights.  CT Americas allowing you this limited use does not constitute a waiver of any of CT Americas rights to the Content.

Outside of the specific usage rights granted to you by CT Americas in connection with the Platform, you agree not to use, copy, edit, translate, display, distribute, download, transmit, sell, create derivative works of, or in any way exploit any Content, including User Content (unless it is your own User Content that you legally post on the Platform), without CT Americas prior written consent. Unauthorized use of the Content may constitute a breach of copyright, trademark or other intellectual property laws and may subject you to criminal or civil charges and penalties. Some parts of the Platform may allow you to post photos, videos, comments, and other content, which we refer to as “User Content.”

6. COPYRIGHT INFRINGEMENT CLAIMS

If you believe in good faith that the Service or the CT Americas Network has been used to post, store or transmit material that infringes your copyright you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) to CT Americas.

A valid notice must be a written communication that includes the following:

• Signature of copyright owner or person authorized to act on behalf of the owner;
• Identification of copyrighted work claimed to be infringed;
• Identification of the material claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact the complaining party (address, phone number and, if available, e-mail address);
• A statement that the complaining party has a good faith belief that use of the material in the manner complained is not authorized by the copyright owner, its agent, or the law;
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right allegedly being infringed.

If you believe that copyright infringement has been wrongly filed against you, you may submit counter notification to the CT Americas’ Copyright Agent specified above. A valid counter notification must be a written communication that includes the following:

• A physical or electronic signature;
• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
• A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
• Your name, address, and telephone number, and a statement that you consent to the jurisdiction of federal district court for the judicial district in which the address is located, or if your address is outside of the U.S., for any judicial district in which the service provider may be found, and that you will accept service of process from the complainant.

7. COMPLAINTS AND INCIDENT REPORTING

Any complaints or notifications regarding violation of this Policy by a User shall include, where possible, details that would assist CT Americas in investigating and resolving the incident. All such notices should be directed as follows:

By Mail: Legal Department
China Telecom (Americas) Corporation
607 Herndon Parkway;
Suite 201 Herndon, VA 20170
By Fax: 703-787-0089

By Email: [email protected]

In most cases, CT Americas will attempt to notify you in accordance with the applicable Terms and Conditions governing a Service of complaints received regarding an alleged violation of this Policy by you or your User or any third party. You agree to promptly investigate all such complaints and take all necessary actions to remedy any violations of this Policy. CT Americas may inform 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. You shall identify a representative for the purposes of receiving such communications. CT Americas shall not be required to determine the validity of complaints received before taking action under this Policy. CT Americas has no obligation to forward the complaint to you or to identify the complaining parties.