BARE TELECOM ACCEPTABLE USE POLICY

Capitalized terms used herein not defined herein are defined in the Bare Telecom Terms and Conditions of Service, available at https://BareTelecom.com/, link: “Terms and Conditions of Service”, as the same may be updated from time to time.

This Acceptable Use Policy (“AUP” or “Policy”) describes actions by Users that are mandated or prohibited by Bare Telecom LLC (collectively with its subsidiaries, parents and other affiliates, from time to time as applicable, “Bare Telecom”). “Users” means customer (including Customer) of Bare Telecom and its customers and/or end users.

THIS POLICY IS SUBJECT TO CHANGE FROM TIME TO TIME IN BARE TELECOM’S SOLE DISCRETION WITH SUCH CHANGES BEING EFFECTIVE UPON POSTING AT http://baretelecom.com/bare-telecom-aup/. PLEASE REVIEW THIS POLICY CAREFULLY.

Services may be used only for lawful, proper and appropriate purposes. Users must use any Services only in a manner that, in Bare Telecom’s sole discretion, is consistent with the purposes of such Services. Users will not engage in any legal or illegal activity that either (i) harms Bare Telecom, the network operated by Bare Telecom, the Services and/or any User, or (ii) interferes with the network operated by Bare Telecom and/or the provision or use of the Services by Bare Telecom or any User. Services may not be used for illegal, improper, and/or inappropriate purposes.

   Illegal purposes include, but are not limited to:

As used herein, “Laws” includes applicable international, federal, state, or local law, code(s) of practice, rule(s) or regulation(s), including, without limitation, as pertaining to infringement of copyright or trademark, misappropriation of trade secrets, wire fraud, telemarketing or other inappropriate selling, data privacy (including, without limitation, the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016), call recording (including, without limitation, the Electronic Communications Privacy Act of 1986, any state or federal laws pertaining to consent, including single party or multiparty consent laws, rules and regulations), or obscenity, as well as anti-spam and other laws and regulations regarding unsolicited advertising, marketing or other similar activities (including, without limitation, the CAN SPAM Act of 2003, the Telephone Consumer Protection Act and the Do-Not-Call Implementation Act), import/export laws, limitations and regulations (including, without limitation, as relating to any U.S. or European Union embargoed country the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List or any other list under applicable export control laws and regulations or European Commission restrictive measures, or any similar law having jurisdiction over User), NPAC’s (Number Portability Administration Center’s) acceptable use of data policy, all applicable anti-bribery laws and regulations (including without limitation, the U.S. Foreign Corrupt Practices Act).

   Improper and/or inappropriate uses include, but are not limited to:

IN NO EVENT WILL BARE TELECOM BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES FOR ACTIONS TAKEN OR NOT TAKEN PURSUANT TO THIS POLICY, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR DATA, OR OTHERWISE, EVEN IF BARE TELECOM WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY IN FAVOR OF BARE TELECOM IS IN ADDITION TO ANY LIMITATIONS SET FORTH IN ANY AGREEMENT BETWEEN BARE TELECOM AND ANY APPLICABLE USER AND WILL APPLY WHETHER THE ACTION IN WHICH RECOVERY IS SOUGHT IS BASED IN CONTRACT OR TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), OR ANY APPLICABLE LAWS