Acceptable Use Policy (AUP)

Part 1: Automated Dialer Use Policy

This Acceptable Use Policy (“AUP”) governs use of D1AL LLC’s Automated Dialer (“the Service”). The Service is designed exclusively for first-party and third-party debt collection activities as defined under federal and state law.

1. Compliance with Regulations

You are solely responsible for ensuring your use of the Service complies with all applicable laws and regulations, including but not limited to:

  • Fair Debt Collection Practices Act (FDCPA)
  • Telephone Consumer Protection Act (TCPA)
  • CFPB Regulation F (12 CFR Part 1006)
  • State debt collection licensing requirements
  • State and federal privacy laws

D1AL provides tools to assist with compliance but does not guarantee that your use will be compliant. You are responsible for understanding and following all applicable requirements.

2. Permissible Uses

You may use the Service only for:

  • Collection of consumer debts as defined under 15 U.S.C. § 1692a(5)
  • Communication regarding debts you own or are authorized to collect
  • Activities directly related to debt collection communications. All uses must comply with Section 2 (Compliance Requirements) of this AUP.

3. Prohibited Uses

You may NOT use the Service to:

  • Harass, oppress, or abuse any person
  • Use obscene, profane, or threatening language
  • Contact consumers more than seven times per week per debt, or within seven days after having a conversation about the debt (subject to Regulation F exceptions
  • Contact consumers at times or places known to be inconvenient
  • Contact third parties except as permitted by the FDCPA
  • Contact consumers who have requested no further contact
  • Contact consumers without legal authority to collect the debt
  • Misrepresent the character, amount, or legal status of any debt
  • Engage in any activity that violates federal or state law

4. Data Protection and Privacy

You acknowledge that:

  • You are the data controller for any consumer information you upload or access through the Service
  • D1AL acts as a data processor and will handle data according to our Privacy Policy and Dialer Service Agreement
  • You are responsible for:
  • Obtaining and maintaining all necessary consent
  • Ensuring accuracy of uploaded data
  • Maintaining appropriate security measures for your account credentials

5. Enforcement and Consequences

Monitoring:

D1AL reserves the right to monitor use of the Service to ensure compliance with this AUP.

Violations: If we determine you have violated this AUP, we may:

  • Issue a written warning requiring immediate corrective action
  • Temporarily suspend your access pending investigation
  • Immediately terminate your access for serious violations
  • Report violations to the appropriate regulatory authorities
  • Take legal action to protect our rights or those of third parties.

Serious violations warranting immediate termination include, but are not limited to:

  • Knowing and willful violations of TCPA or FDCPA
  • Harassment or abusive conduct
  • Fraudulent misrepresentation
  • Data breaches caused by your negligence

Part 2: Hosted PBX Systems Use Policy

1. Introduction

This Acceptable Use Policy governs use of D1AL LLC’s Hosted PBX (Private

Branch Exchange) telecommunication services, including but not limited to:

  • Voice calling services (inbound and outbound)
  • Voicemail systems
  • Call routing and forwarding
  • Conference calling features
  • Associated management portals

Eligibility: The Service is available only to:

  • Business entities registered to operate in the United States
  • Users making or receiving calls to/from U.S. telephone numbers
  • Users who will comply with all applicable telecommunications regulations

2. Acceptable Use

You may use the Service for:

  • Business-related voice communications
  • Voicemail and call management
  • Internal team communications and conferencing
  • Customer service and support communications
  • Other lawful business telecommunications

For Outbound Calling: If you use the Service to place outbound calls to consumers, you are responsible for compliance with:

  • Telephone Consumer Protection Act (TCPA)
  • National Do Not Call Registry requirements
  • Call time restrictions under applicable law

3. Prohibited Uses

You may NOT use the Service for:

Illegal Activities:

  • Any unlawful purpose or in violation of any applicable law or regulation
  • Fraudulent activities or misrepresentation
  • Transmission of threats, harassment, or obscene content

Telephony Abuse:

  • Caller ID spoofing or manipulation (except legitimate ANI/CNAM management)
  • Displaying caller ID information that is not a valid Direct Inward Dial (DID)
  • Robocalling or automated calling without required consent and disclosures

Security Violations:

  • Unauthorized access to D1AL systems, other users’ accounts, or third-party networks
  • Sharing account credentials with unauthorized parties

4. Security and Access Control

You are responsible for:

  • Maintaining confidentiality of all login credentials and access codes
  • All activities that occur under your account, whether authorized or not
  • Immediately notifying D1AL of any unauthorized access or security breach
  • Implementing strong passwords based on length and complexity
  • Restricting access to authorized personnel only

5. Monitoring and Enforcement

Monitoring Rights:

D1AL reserves the right to monitor:

  • Call volume, patterns, and destinations
  • System resource usage
  • Network traffic for security purposes
  • Compliance with international calling restrictions
  • Authentication attempts and account access patterns

Enforcement Actions:

Upon detection or notification of an AUP violation, D1AL may:

  • Issue a written warning
  • Require corrective action
  • Temporarily restrict specific features (e.g., international calling)
  • Suspend service
  • Terminate service

6. Policy Updates and Revisions

Right to Modify:

D1AL reserves the right to modify this AUP at any time.

Acceptance of Changes:

  • Continued use of the Service after the effective date constitutes acceptance of the modified AUP
  • If you do not agree to the changes, you must discontinue use of the Service

7. Acknowledgment

By activating or using the Service, you acknowledge and agree that:

  • You have read and understood this AUP
  • You will comply with all terms and conditions herein
  • You understand that violations may result in service termination and potential legal liability
  • This AUP is incorporated into and part of the Dialer Service Agreement or Phone Service Agreement between you and D1AL