Common use of Prohibited Traffic Clause in Contracts

Prohibited Traffic. 9.2.1 The services provided under this Agreement shall not be used for any Prohibited Traffic as defined below. Prohibited Traffic is that traffic which reasonably appears to be in violation of applicable laws, rules or regulations. Prohibited Traffic includes, but is not limited to: 9.2.1.1 Traffic that violates, or facilitates a violation of, applicable law, or that furthers an illegal purpose; 9.2.1.2 Traffic that unreasonably ▇▇▇▇▇, frightens, or abuses; and 9.2.1.3 Traffic that unreasonably interferes with the use of the AT&T-21STATE’s network. 9.2.2 Other Evidence of Prohibited Traffic includes, but is not limited to, the following: 9.2.2.1 Predictive dialing of telephone numbers at the NPA or NNX level; 9.2.2.2 Initiating a call, communication or transmission as a result of a party receiving a telemarketing or telephone solicitation responding to a prompt, and signaling the calling party number (CPN) of the called party, unless the called party had an existing business relationship with the telemarketer or telephone solicitor; 9.2.2.3 Passing a telephone number not associated with the calling party as a means to obtain name and number information for the improperly passed telephone number; 9.2.2.4 Causing any caller identification service to transmit misleading or inaccurate caller identification information, with the intent to defraud, cause harm, or wrongfully obtain anything of value; 9.2.2.5 Placing calls for the primary purpose of generating queries to capture the caller ID Name (CNAM) associated with a telephone number; 9.2.2.6 Telemarketing or telephone solicitations to a party that is on a state or federal “Do Not Call” list, unless the called party has an existing business relationship with the telemarketer or telephone solicitor; 9.2.2.7 Denial of Service attacks; and 9.2.2.8 Artificial traffic stimulation, revenue pumping, regulatory arbitrage. 9.2.3 If AT&T-21STATE reasonably believes that CLEC is transmitting any of the preceding types of traffic using any service provided under this Agreement, AT&T-21STATE may suspend the affected service or discontinue the affected service. In the event of such suspension or discontinuance, CLEC that transmitted the relevant traffic to AT&T-21STATE must indemnify AT&T-21STATE against any claim, loss or damage arising from the suspension or discontinuance of the affected service, except for any claim, loss or damage caused by AT&T- 21STATE's gross negligence or willful misconduct. 9.2.4 CLEC agrees that when it sends traffic to AT&T-21STATE, if it receives a request for information about traffic which is reasonably believed to be prohibited traffic that was sent to AT&T-21STATE (Traceback Request) from a traceback administrator authorized by USTelecom’s Traceback Group (or its successor) (“Authorized Traceback Group”) or from AT&T-21STATE, CLEC will promptly respond to the Traceback Request in good faith. CLEC agrees that its response shall indicate if it is in the call path as the Originating Provider of the calls (i.e., CLEC received the calls from CLEC’s end user) or (ii) an intermediate Provider (i.e., CLEC received the calls from another voice provider). The response shall also identify the provider from which it accepted the traffic or the end user that originated the call, as applicable. CLEC agrees to provide this information to an Authorized Traceback Group without requiring a subpoena or other formal demand or request.

Prohibited Traffic. 9.2.1 63.1 The services provided under this Agreement shall not be used for any Prohibited Traffic as defined belowbelow (“Prohibited Traffic”). Prohibited Traffic is that traffic which reasonably appears to be in violation of applicable laws, rules or regulations. Prohibited Traffic includes, but is not limited to: 9.2.1.1 63.1.1 Traffic that violates, or facilitates a violation of, applicable law, or that furthers an illegal purpose; 9.2.1.2 63.1.2 Traffic that unreasonably ▇▇▇▇▇harms, frightens, or abuses; and 9.2.1.3 63.1.3 Traffic that unreasonably interferes with the use of the AT&T-21STATESBC TEXAS’s network. 9.2.2 63.2 Other Evidence of Prohibited Traffic includes, but is not limited to, the following: 9.2.2.1 63.2.1 Predictive dialing of telephone numbers at the NPA or NNX level; 9.2.2.2 63.2.2 Initiating a call, communication or transmission as a result of a party receiving a telemarketing or telephone solicitation responding to a prompt, and signaling the calling party number (CPN) of the called party, unless the called party had an existing business relationship with the telemarketer or telephone solicitor; 9.2.2.3 63.2.3 Passing a telephone number not associated with the calling party as a means to obtain name and number information for the improperly passed telephone number; 9.2.2.4 63.2.4 Causing any caller identification service to transmit misleading or inaccurate caller identification information, with the intent to defraud, cause harm, or wrongfully obtain anything of value; 9.2.2.5 63.2.5 Placing calls for the primary purpose of generating queries to capture the caller ID Name (CNAM) associated with a telephone number; 9.2.2.6 63.2.6 Telemarketing or telephone solicitations to a party that is on a state or federal “Do Not Call” list, unless the called party has an existing business relationship with the telemarketer or telephone solicitor; 9.2.2.7 63.2.7 Denial of Service attacks; and 9.2.2.8 63.2.8 Artificial traffic stimulation, revenue pumping, regulatory arbitrage. 9.2.3 63.3 If AT&T-21STATE SBC TEXAS reasonably believes that CLEC is transmitting any of the preceding types of traffic using any service provided under this Agreement, AT&T-21STATE SBC TEXAS may suspend the affected service or discontinue the affected service. In the event of such suspension or discontinuance, CLEC that transmitted the relevant traffic to AT&T-21STATE SBC TEXAS must indemnify AT&T-21STATE SBC TEXAS against any claim, loss or damage arising from the suspension or discontinuance of the affected service, except for any claim, loss or damage caused by AT&T- 21STATESBC TEXAS's gross negligence or willful misconduct. 9.2.4 63.4 CLEC agrees that when it sends traffic to AT&T-21STATE, if it receives a request for information about traffic sent to SBC TEXAS which is reasonably believed to be prohibited traffic that was sent to AT&T-21STATE (Traceback Request) from a traceback administrator authorized by USTelecom’s Traceback Group (or its successor) (“Authorized Traceback GroupRequest”) or from AT&T-21STATESBC TEXAS, CLEC will promptly respond to the Authorized Traceback Request in good faith. CLEC agrees that its response shall indicate if it is in the call path as the Originating Provider of the calls (i.e., CLEC received the calls from CLEC’s end user) or (ii) an intermediate Provider (i.e., CLEC received the calls from another voice provider). The response shall also identify the provider from which it accepted the traffic or the end user that originated the call, as applicable. CLEC agrees to provide this information to an Authorized the administrator authorized by USTelecom’s Traceback Group (or its successor) without requiring a subpoena or other formal demand or request.

Prohibited Traffic. 9.2.1 The services provided under this Agreement shall not be used for any Prohibited Traffic as defined below. Prohibited Traffic is that traffic which reasonably appears to be in violation of applicable laws, rules or regulations. Prohibited Traffic includes, but is not limited to: 9.2.1.1 Traffic that violatesintended to defraud, cause harm, or facilitates a violation of, applicable law, or that furthers an illegal purposewrongfully obtain anything of value; 9.2.1.2 Traffic that unreasonably ▇▇▇▇▇which is reasonably expected to frighten, frightensabuse, torment or abusesharass another; andor 9.2.1.3 Traffic that which unreasonably interferes with the use of the AT&T-21STATE’s networkservice by other customers. 9.2.2 Other Evidence of Prohibited Traffic includes, but is not limited to, the following: 9.2.2.1 Predictive dialing of telephone numbers at the NPA or NNX level; 9.2.2.2 Initiating a call, communication or transmission as a result of a party receiving a telemarketing or telephone solicitation responding to a prompt, and signaling the calling party number (CPN) of the called party, unless the called party had an existing business relationship with the telemarketer or telephone solicitor; 9.2.2.3 Passing a telephone number not associated with the calling party as a means to obtain name and number information for the improperly passed telephone number; 9.2.2.4 Causing any caller identification service to transmit misleading or inaccurate caller identification information, with the intent to defraud, cause harm, or wrongfully obtain anything of value;; CN:05132019-9387 000024 9.2.2.5 Placing calls for the primary purpose of generating queries to capture the caller ID Name (CNAM) associated with a telephone number; 9.2.2.6 Telemarketing or telephone solicitations to a party that is on a state or federal “Do Not Call” list, unless the called party has an existing business relationship with the telemarketer or telephone solicitor; 9.2.2.7 Denial of Service attacks; and 9.2.2.8 Artificial traffic stimulation, revenue pumping, regulatory arbitrage. 9.2.3 If AT&T-21STATE may refuse to complete any traffic which it reasonably believes that CLEC is transmitting any of the preceding types of traffic using any service provided under this Agreementto be Prohibited Traffic. Such reasonable belief may be based upon its own investigation or a written request from a customer, another exchange telephone company or a law enforcement authority. In addition, AT&T-21STATE may suspend shall have the affected rights to terminate service in whole or discontinue part, to any WSP identified as having used services for any Prohibited Traffic. 9.2.4 In such instances when termination occurs, AT&T-21STATE shall be indemnified, defended and held harmless by the affected service. In the event of such suspension customer or discontinuance, CLEC that transmitted the relevant traffic to AT&T-21STATE must indemnify AT&T-21STATE any other exchange telephone company or party against any claim, loss or damage arising from the suspension or discontinuance of the affected AT&T-21STATE's actions in terminating such service, except for any claim, loss or damage unless caused by AT&T- 21STATE's gross negligence or willful misconductnegligence. 9.2.4 CLEC agrees that when it sends traffic to AT&T-21STATE, if it receives a request for information about traffic which is reasonably believed to be prohibited traffic that was sent to AT&T-21STATE (Traceback Request) from a traceback administrator authorized by USTelecom’s Traceback Group (or its successor) (“Authorized Traceback Group”) or from AT&T-21STATE, CLEC will promptly respond to the Traceback Request in good faith. CLEC agrees that its response shall indicate if it is in the call path as the Originating Provider of the calls (i.e., CLEC received the calls from CLEC’s end user) or (ii) an intermediate Provider (i.e., CLEC received the calls from another voice provider). The response shall also identify the provider from which it accepted the traffic or the end user that originated the call, as applicable. CLEC agrees to provide this information to an Authorized Traceback Group without requiring a subpoena or other formal demand or request.

Prohibited Traffic. 9.2.1 The services provided under this Agreement shall not be used for any Prohibited Traffic as defined below. Prohibited Traffic is that traffic which reasonably appears to be in violation of applicable laws, rules or regulations. Prohibited Traffic includes, but is not limited to: 9.2.1.1 Traffic that violates, or facilitates a violation of, applicable law, or that furthers an illegal purpose; 9.2.1.2 Traffic that unreasonably ▇▇▇▇▇, frightens, or abuses; and 9.2.1.3 Traffic that unreasonably interferes with the use of the AT&T-21STATE’s network. 9.2.2 Other Evidence of Prohibited Traffic includes, but is not limited to, the following: 9.2.2.1 Predictive dialing of telephone numbers at the NPA or NNX level; 9.2.2.2 Initiating a call, communication or transmission as a result of a party receiving a telemarketing or telephone solicitation responding to a prompt, and signaling the calling party number (CPN) of the called party, unless the called party had an existing business relationship with the telemarketer or telephone solicitor; 9.2.2.3 Passing a telephone number not associated with the calling party as a means to obtain name and number information for the improperly passed telephone number; 9.2.2.4 Causing any caller identification service to transmit misleading or inaccurate caller identification information, with the intent to defraud, cause harm, or wrongfully obtain anything of value; 9.2.2.5 Placing calls for the primary purpose of generating queries to capture the caller ID Name (CNAM) associated with a telephone number; 9.2.2.6 Telemarketing or telephone solicitations to a party that is on a state or federal “Do Not Call” list, unless the called party has an existing business relationship with the telemarketer or telephone solicitor; 9.2.2.7 Denial of Service attacks; and 9.2.2.8 Artificial traffic stimulation, revenue pumping, regulatory arbitrage. 9.2.3 If AT&T-21STATE reasonably believes that CLEC is transmitting any of the preceding types of traffic using any service provided under this Agreement, AT&T-21STATE may suspend the affected service or discontinue the affected service. In the event of such suspension or discontinuance, CLEC that transmitted the relevant traffic to AT&T-21STATE must indemnify AT&T-21STATE against AT&T-21STATEagainst any claim, loss or damage arising from the suspension or discontinuance of the affected service, except for any claim, loss or damage caused by AT&T- 21STATE's gross negligence or willful misconduct. 9.2.4 CLEC agrees that when it sends traffic to AT&T-21STATE, if it receives a request for information about traffic which is reasonably believed to be prohibited traffic that was sent to AT&T-21STATE (Traceback Request) from a traceback administrator authorized by USTelecom’s Traceback Group (or its successor) (“Authorized Traceback Group”) or from AT&T-21STATE, CLEC will promptly respond to the Traceback Request in good faith. CLEC agrees that its response shall indicate if it is in the call path as the Originating Provider of the calls (i.e., CLEC received the calls from CLEC’s end user) or (ii) an intermediate Provider (i.e., CLEC received the calls from another voice provider). The response shall also identify the provider from which it accepted the traffic or the end user that originated the call, as applicable. CLEC agrees to provide this information to an Authorized Traceback Group without requiring a subpoena or other formal demand or request.

Prohibited Traffic. 9.2.1 The services provided under this Agreement shall not be used for any Prohibited Traffic as defined below. Prohibited Traffic is that traffic which reasonably appears to be in violation of applicable laws, rules or regulations. Prohibited Traffic includes, but is not limited to: 9.2.1.1 Traffic that violates, or facilitates a violation of, applicable law, or that furthers an illegal purpose; 9.2.1.2 Traffic that unreasonably ▇▇▇▇▇harms, frightens, or abuses; and 9.2.1.3 Traffic that unreasonably interferes with the use of the AT&T-21STATE’s network.. CN:03232023-11438 000027 9.2.2 Other Evidence of Prohibited Traffic includes, but is not limited to, the following: 9.2.2.1 Predictive dialing of telephone numbers at the NPA or NNX level; 9.2.2.2 Initiating a call, communication or transmission as a result of a party receiving a telemarketing or telephone solicitation responding to a prompt, and signaling the calling party number (CPN) of the called party, unless the called party had an existing business relationship with the telemarketer or telephone solicitor; 9.2.2.3 Passing a telephone number not associated with the calling party as a means to obtain name and number information for the improperly passed telephone number; 9.2.2.4 Causing any caller identification service to transmit misleading or inaccurate caller identification information, with the intent to defraud, cause harm, or wrongfully obtain anything of value; 9.2.2.5 Placing calls for the primary purpose of generating queries to capture the caller ID Name (CNAM) associated with a telephone number; 9.2.2.6 Telemarketing or telephone solicitations to a party that is on a state or federal “Do Not Call” list, unless the called party has an existing business relationship with the telemarketer or telephone solicitor; 9.2.2.7 Denial of Service attacks; and 9.2.2.8 Artificial traffic stimulation, revenue pumping, regulatory arbitrage. 9.2.3 If AT&T-21STATE reasonably believes that CLEC is transmitting any of the preceding types of traffic using any service provided under this Agreement, AT&T-21STATE may suspend the affected service or discontinue the affected service. In the event of such suspension or discontinuance, CLEC that transmitted the relevant traffic to AT&T-21STATE must indemnify AT&T-21STATE against AT&T-21STATEagainst any claim, loss or damage arising from the suspension or discontinuance of the affected service, except for any claim, loss or damage caused by AT&T- 21STATE's gross negligence or willful misconduct. 9.2.4 CLEC agrees that when it sends traffic to AT&T-21STATE, if it receives a request for information about traffic which is reasonably believed to be prohibited traffic that was sent to AT&T-21STATE (Traceback Request) from a traceback administrator authorized by USTelecom’s Traceback Group (or its successor) (“Authorized Traceback Group”) or from AT&T-21STATE, CLEC will promptly respond to the Traceback Request in good faith. CLEC agrees that its response shall indicate if it is in the call path as the Originating Provider of the calls (i.e., CLEC received the calls from CLEC’s end user) or (ii) an intermediate Provider (i.e., CLEC received the calls from another voice provider). The response shall also identify the provider from which it accepted the traffic or the end user that originated the call, as applicable. CLEC agrees to provide this information to an Authorized Traceback Group without requiring a subpoena or other formal demand or request.