Acceptable Use Policy

1. Introduction and Scope

This AUP governs your use of the BRCK website, TRNK, SIP Trunking, BRCK voice/VoIP services, BRCK messaging services (including SMS, MMS, and application-to-person (“A2P”) messaging and any related messaging APIs), the self-service portal, and any other product or service BRCK makes available (each a “Service” and collectively, the “Services”).

This AUP works together with, and is supplemented by, BRCK’s Terms of Service, Privacy Policy, and Product Terms — Messaging. Where the Product Terms — Messaging impose more specific messaging obligations, those terms apply in addition to (and not in place of) this AUP. In the event of a conflict, the order of precedence stated in the Agreement controls.

BRCK reserves the right to add to, modify, or amend this AUP at any time at its sole discretion. Material changes will be reflected in the Effective Date above and, where appropriate, communicated to customers. Your continued use of the Services after a change takes effect constitutes acceptance of the revised AUP.

2. Fair Use

BRCK is committed to providing first-class customer service and value to users of our Services. To provide the best pricing, support, and Services available to all of our users, we retain the right to impose limits on your usage of the Services or to suspend or terminate the Services if we reasonably believe that your usage—including, but not limited to, the total number of calls you make, SMS/MMS messages you send, or minutes you use—is not consistent with normal, fair, and reasonable use of such Services. Wherever reasonably possible, we will give you written notice before taking any such action and allow a reasonable period for you to modify your use.

Some BRCK Services are offered on an “unlimited” basis. All unlimited Services may be used only for normal business use and exclude international calling to countries other than Canada. Unlimited Services also may not be used for any of the following prohibited uses (in addition to the other prohibited uses applicable to all Services): forwarding your BRCK number to other phone number(s) capable of handling multiple simultaneous calls; spamming or blasting (e.g., sending one hundred (100) or more bulk and/or junk voicemails simultaneously); 900 numbers, sports-line numbers, and the like; and auto-dialing or “predictive” dialing (i.e., non-manual dialing, or using a software program or other means to continuously dial or place outbound calls). Unusually high usage of the Services may impair BRCK’s ability to provide high-quality Services to others and/or indicate unauthorized use, in which case BRCK may suspend or terminate your Account, upon prior notice where reasonably practicable.

3. Illegal or Inappropriate Behavior; Prohibited Uses

You shall not use the Services for any illegal, fraudulent, improper, or abusive purpose, or in any way that interferes with BRCK’s ability to provide high-quality Services to other customers, prevents or restricts other customers from using the Services, or damages BRCK’s or other customers’ property. If BRCK finds that you are using the Services for anything other than the permitted uses in the Agreement, or for any of the prohibited uses described here or in the Agreement, BRCK may, at its sole discretion, suspend or terminate your Service and charge you any applicable fees for the Services used plus damages caused by your improper use. Prohibited uses include, but are not limited to:

1. Behavior that is illegal, obscene, threatening, harassing, defamatory, libelous, deceptive, fraudulent, malicious, infringing, tortious, or invasive of another’s privacy;
2. Sending unsolicited messages or advertisements—including email, voicemail, SMS/MMS, or fax (commercial or otherwise) (“spamming”)—in violation of applicable law or regulation, or otherwise sending bulk and/or junk email, voicemail, SMS/MMS, or fax;
3. Negligently, recklessly, knowingly, or intentionally transmitting any material that contains viruses, time bombs, trojan horses, worms, malware, spyware, or any other programs that may be harmful or dangerous;
4. Creating a false caller-ID identity (“ID spoofing”) or a forged email/SMS address or header, or otherwise attempting to mislead others as to the identity of the sender or the origin of any communication made using the Services with the intent to defraud, cause harm, or wrongfully obtain anything of value (see also Section 4, Caller-ID Authentication and Robocall Mitigation);
5. Engaging in any of the following network-security or network-integrity violations: port, firewall, or network scanning or probing; unauthorized access to, or attempts to access, any account, computer, system, network, or data; cracking or attempting to crack passwords, security codes, or encryption; denial-of-service or distributed-denial-of-service (DoS/DDoS) attacks or other flooding; operating an open mail relay, open proxy, or open recursive resolver; forging or spoofing TCP/IP packet headers, email headers, or any portion of a message’s identifying information; or mailbombing or other deliberate attempts to overload, disrupt, or impair any system or network;
6. Using any intellectual property protected by applicable laws and contained in or accessible through the Services for the purpose of building a competitive product or service, or copying its features or user interface;
7. Using the Services, or permitting them to be used, for purposes of product benchmarking or other comparative analysis intended for publication without BRCK’s prior written consent;
8. Using the Services to develop or enhance any software, software code, or any derivative works of any software without BRCK’s prior written consent;
9. Using the Services for the purpose of monitoring the Services’ availability, performance, or functionality, or for any other benchmarking or competitive purposes;
10. Violating any U.S. or foreign law regarding the transmission of technical data or software exported through the Services;
11. Utilizing the Services in excess of what, in BRCK’s reasonable discretion, would be expected of normal business use; and
12. Using the Services in any way that interferes with other customers’ and third parties’ use and enjoyment of the Services, or in any manner that disrupts, prevents, or restricts any other customer from using the Services.

You further understand and agree that your use of the Services is subject to all applicable local, state, national, and international laws and regulations (including, without limitation, those governing debt collection, export control, consumer protection, unfair competition, anti-discrimination, securities, and false advertising).

4. Caller-ID Authentication and Robocall Mitigation (Voice/SIP)

If you originate, transmit, or terminate voice traffic using the Services, you acknowledge that BRCK and the broader U.S. call ecosystem are subject to caller-ID authentication and robocall-mitigation obligations under the federal TRACED Act and the FCC’s call-authentication framework. You agree that:

1. Accurate caller-ID and STIR/SHAKEN.You will transmit accurate, lawful caller-identification information and will not spoof, falsify, or manipulate caller-ID with the intent to defraud, cause harm, or wrongfully obtain anything of value, in violation of the Truth in Caller ID Act and applicable FCC rules. You will not take any action that undermines BRCK’s ability to authenticate calls using the STIR/SHAKEN framework or that causes calls to be signed with an inaccurate attestation level. You will provide accurate information necessary for BRCK to make attestation-level decisions for your traffic.
2. No illegal robocalls. You will not use the Services to originate or facilitate illegal robocalls, including unlawful prerecorded or artificial-voice calls and unlawful autodialed calls, in violation of the Telephone Consumer Protection Act (TCPA) or other applicable law.
3. Robocall mitigation / RMD. You will comply with applicable robocall-mitigation requirements and will not transmit traffic that evades, or is reasonably designed to evade, robocall-mitigation controls. You acknowledge that every provider in the U.S. call chain must maintain an active Robocall Mitigation Database (RMD) filing and robocall-mitigation plan, and that providers must block traffic from entities not listed in the RMD. To the extent you act as a provider in the call chain, you represent that you maintain a compliant RMD filing and plan.
4. Traceback cooperation. You will cooperate promptly and in good faith with lawful traceback requests, including those of the Industry Traceback Group (ITG) and BRCK, to identify the source of suspected illegal or fraudulent traffic.
5. BRCK’s enforcement rights. BRCK may, with or without prior notice, block, throttle, downgrade attestation on, re-route, refuse to terminate, or suspend any voice traffic that BRCK reasonably believes is illegal, fraudulent, spoofed, unauthenticated, RMD-noncompliant, or implicated in a traceback, and may de-list or terminate any customer whose traffic gives rise to such concerns. BRCK may retain related records (including traceback and authentication records) as required by law or its upstream arrangements.

5. Messaging Compliance (SMS/MMS and A2P 10DLC)

If you use the Services to send SMS, MMS, or A2P messaging, the following requirements apply in addition to the Product Terms — Messaging and the CTIA Messaging Principles and Best Practices (as amended). Where the Product Terms — Messaging are more specific, they control as to messaging.

1. Mandatory A2P 10DLC registration (TCR).All application-to-person messaging sent over 10-digit long codes (10DLC) must be registered with The Campaign Registry (TCR)—both your brand (organization) and each campaign (message use case). U.S. carriers block 100% of unregistered 10DLC traffic and may assess per-violation fines. You will not send A2P traffic on the Services unless your brand and campaign are properly registered, vetted, and approved, and you will keep your registration information accurate and current. BRCK may suspend, block, or refuse to provision messaging for unregistered, misregistered, or non-compliant traffic.
2. Consent. You must obtain and maintain records of valid consent for all recipients consistent with the TCPA, the CTIA Messaging Principles, and applicable law, and you must use messaging only for the registered campaign use case. You may not use purchased, rented, leased, harvested, or otherwise third-party-sourced calling or messaging lists, and consent is personal and non-transferable: consent may not be bought, sold, rented, traded, or otherwise transferred to or from you, and consent obtained for a transactional or informational purpose may not be repurposed for marketing or for any use case other than the one for which it was given.
3. STOP / opt-out. You must honor opt-out requests. At minimum, you must support the keyword STOP (and recognize common equivalents such as END, CANCEL, UNSUBSCRIBE, QUIT, REVOKE, and OPT OUT), cease messaging to a recipient who opts out, and honor revocation made by any reasonable means. Opt-outs must be honored promptly and in any event within the time required by applicable law. You will not impose any exclusive or burdensome method for opting out.
4. HELP / identification.You must support the HELP keyword, returning the program/brand name and customer-care contact information, and must not obscure the sender’s identity.
5. Prohibited “SHAFT” content.You must not send messaging content that violates carrier and CTIA prohibitions, including SHAFT content—Sex (adult/explicit content), Hate (hateful or discriminatory content), Alcohol, Firearms, and Tobacco/vaping—as well as cannabis, marijuana, CBD, hemp, and THC content (prohibited by carriers regardless of state legality). Where age-gating is required and permitted (e.g., certain alcohol or tobacco messaging), you remain solely responsible for lawful age verification and compliance; BRCK may nonetheless block such traffic at its discretion or as carriers require.
6. No evasion / anti-abuse.You will not engage in “snowshoeing” (spreading traffic across many numbers to evade volume detection), dynamic or unauthorized routing, sender-ID rotation, content obfuscation, or other techniques designed to evade carrier filtering, fraud controls, or registration requirements. You will not use abusive, public, or non-compliant URL shorteners. You will not send phishing, smishing, or other fraudulent or deceptive messages.
7. Prohibited message categories.You will not use the Services to send any messaging in the categories carriers prohibit or restrict for A2P traffic, including (without limitation) those identified in the Product Terms — Messaging and the CTIA Messaging Principles. Prohibited and restricted categories include, without limitation: gambling, sweepstakes, contests, and lottery content; cryptocurrency and other digital-asset content (including digital-asset trading, exchanges, wallets, mining, and initial coin offerings); cannabis, marijuana, CBD, hemp, and THC products or content (prohibited regardless of state legality); high-risk or speculative financial offerings (including stock, securities, and investment alerts); certain loans, credit-repair, and debt-relief content; third-party lead generation; and the SHAFT categories described above. These categories are reconciled with, and consistent with, the prohibited-use list in the Product Terms — Messaging.
8. BRCK’s enforcement rights.BRCK may block, throttle, quarantine, de-register, or suspend any messaging traffic that BRCK reasonably believes violates this AUP, the Product Terms — Messaging, carrier requirements, the CTIA Messaging Principles, or applicable law, and may report violations to carriers, TCR, and authorities as required.

6. Toll Fraud, IRSF, and Artificial Traffic Inflation

You will not use, or permit the use of, the Services for toll fraud, International Revenue Share Fraud (“IRSF”), traffic pumping, call pumping, access stimulation, or any other scheme or technique that artificially inflates, stimulates, or generates traffic, minutes, messages, or charges, or that is designed to extract or share in revenue derived from inflated, fraudulent, or artificial traffic. This prohibition includes, without limitation, dialing or messaging to high-cost, premium-rate, or revenue-share destinations or number ranges for fraudulent or revenue-sharing purposes, conference-bridge or long-duration-call schemes used to stimulate traffic, and any cooperation with a third party engaged in such activity.

You are solely responsible for securing your own equipment, systems, networks, PBX and SIP endpoints, devices, accounts, and credentials against unauthorized access and use. You remain financially responsible for, and agree to pay BRCK in full for, ALL charges and usage originating from, placed through, routed to, or otherwise attributable to your Account, the Services, your assigned numbers or trunks, your credentials, or your equipment—including, without limitation, all charges arising from or in connection with fraud, hacking, unauthorized access, toll fraud, IRSF, call- or traffic-pumping, PBX or SIP compromise, or compromised, stolen, shared, or misused credentials—WHETHER OR NOT YOU AUTHORIZED, KNEW OF, CONSENTED TO, OR BENEFITED FROM SUCH USAGE. A security breach, compromise, hack, or other unauthorized use of your equipment, credentials, or Account does NOT release, reduce, or excuse your obligation to pay these charges. Any fraud monitoring, detection, or blocking that BRCK may perform is provided at BRCK’s sole discretion, does not shift responsibility to BRCK, and creates no obligation or liability on BRCK’s part.

This Section mirrors, and is controlled by, the Terms of Service section titled “Customer Equipment Security; Responsibility for Unauthorized Use, Fraud, and Toll Fraud,” which is the controlling provision and is incorporated by reference; nothing in this Section is intended to contradict or limit that section. BRCK may block, throttle, suspend, or terminate any traffic or Account it reasonably believes is implicated in toll fraud, IRSF, traffic pumping, or artificial traffic inflation, and may recover from you all resulting carrier- and upstream-assessed charges, fines, fees, penalties, and costs.

7. Customer Proprietary Network Information (CPNI)

In the course of using the Services you may have access to, or your use may generate, customer proprietary network information (“CPNI”) and other sensitive customer information as defined under Section 222 of the Communications Act and applicable FCC rules. You will not access, use, disclose, sell, share, or permit access to CPNI except as authorized by the customer to whom it pertains and as permitted by applicable law, and you will comply with all applicable CPNI, privacy, and data-protection laws, rules, and regulations in connection with your use of the Services. You will implement and maintain reasonable safeguards to protect CPNI and other customer information against unauthorized access, use, or disclosure, and you will not use the Services to misappropriate, misuse, or unlawfully disclose CPNI.

8. Recording, Monitoring, and Privacy-Law Compliance

If you use the Services to record, monitor, or intercept any call, message, or communication, you are solely responsible for complying with all applicable laws governing recording, monitoring, interception, consent, and notice—including, without limitation, the federal Electronic Communications Privacy Act (ECPA) and applicable federal and state wiretapping/eavesdropping laws (including all-party and one-party consent requirements), and, where applicable, foreign data-protection laws (such as the GDPR) and biometric-information laws. You must obtain and maintain all consents and provide all notices required by applicable law before recording or monitoring any communication. You will at all times handle personal and sensitive information transmitted through or collected via the Services in compliance with applicable privacy and data-protection laws and with BRCK’s Privacy Policy.

9. Number Resources; No Hoarding or Warehousing

Telephone numbers and other numbering resources made available through the Services are a shared, regulated resource. You will not hoard, warehouse, stockpile, squat on, or otherwise acquire or hold numbers in excess of your reasonable, good-faith business needs, and you will not acquire numbers for the purpose of resale, brokering, or speculation except as expressly authorized by BRCK in writing and permitted by applicable law and numbering-administration rules. BRCK may reclaim, reassign, or refuse to provision numbers, or impose limits, consistent with applicable rules and its upstream arrangements, where it reasonably determines that numbers are being hoarded, warehoused, or otherwise misused.

10. Unsolicited Advertisements

You agree that your use of the Services, and all transmission of communications using the Services, will at all times remain in compliance with applicable laws and regulations, including but not limited to the federal Telephone Consumer Protection Act of 1991 (and its implementing rules, as amended) and the CAN-SPAM Act. You further agree that, at BRCK’s sole option and without further notice, BRCK may use technologies and procedures (such as filters) that may terminate any unsolicited advertisement transmitted in violation of applicable law or regulation without delivering it. BRCK may immediately suspend or terminate your right to use the Services without liability of any kind in the event of a breach of this restriction, and you hereby release, hold harmless, and indemnify BRCK from and against any damages or liabilities of any kind related to any voicemail, broadcast, message, and/or fax spam or solicitation that you may send and/or receive using the Services.

If you transmit, or are otherwise connected with any transmission of, voice, fax, email, SMS/MMS, or other unsolicited marketing messages using the Services in violation of applicable law or regulation—or otherwise breach this AUP—you agree to pay BRCK its actual damages, plus, in addition, any and all fines, fees, penalties, surcharges, and other charges assessed against BRCK by any underlying carrier, messaging aggregator, or other upstream provider in connection with your traffic. BRCK reserves the right to pass through to you, and you agree to pay, all such carrier- and upstream-assessed amounts. With respect to messaging in particular, the per-violation carrier-assessed fee set forth in the Product Terms — Messaging (currently two thousand US dollars ($2,000.00) per breach or violation) applies and is cumulative with, and not in lieu of, the actual fines, fees, penalties, and surcharges passed through under this Section and under the Product Terms — Messaging. This pass-through right is in addition to, and does not limit, BRCK’s other remedies (including suspension, throttling, blocking, and termination) and your indemnification and payment obligations under the Agreement.

11. Restrictions on Content Contributions and Submissions

You represent, warrant, and agree that you will not contribute any Content (as defined in Section 12) or user submission—or otherwise use or interact with the Services in a manner that:

• Infringes or violates the intellectual property rights or any other rights of anyone else (including BRCK);
• Violates any law or regulation;
• Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
• Jeopardizes the security of your BRCK account or anyone else’s (such as allowing someone else to log in to the Services as you);
• Attempts, in any manner, to obtain the password, account, or other security information from any other user;
• Violates the security of any computer network, or cracks any passwords or security-encryption codes;
• Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
• Uses any intellectual property protected by applicable laws and contained in or accessible through the Services for the purpose of building a competitive product or service, or copying its features or user interface;
• Uses the Services, or permits them to be used, for purposes of product benchmarking or other comparative analysis intended for publication without BRCK’s prior written consent;
• Uses the Services to develop or enhance any software, software code, or any derivative works of any software without BRCK’s prior written consent;
• Uses the Services as a direct competitor of BRCK, or for the purpose of monitoring the Services’ availability, performance, or functionality, or for any other benchmarking or competitive purposes;
• “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through manual or automated means); or
• Decompiles, reverse-engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.

A violation of any of the foregoing is grounds for termination of your right to use or access the Services. BRCK reserves the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers.

12. Content Ownership and End-User License / Restrictions

The materials displayed, performed, or available on or through the Services—including, but not limited to, text, graphics, data, articles, photos, images, illustrations, and user submissions (collectively, the “Content”)—are protected by copyright and/or other intellectual property laws. You agree to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you will not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including BRCK’s) rights.

You understand that BRCK owns the Services. You will not (and will not permit any third party to): (a) reverse-engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the Services, except as expressly permitted by applicable law and then only upon advance written notice to BRCK; or (b) copy, modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.

BRCK grants you a limited, personal, revocable, non-exclusive, non-sublicensable, non-assignable, non-transferable, non-resellable license and right to use the BRCK Services in strict accordance with the Agreement. All rights not expressly granted under the Agreement are retained by BRCK, including, but not limited to, no grant of intellectual property rights. You acknowledge and agree that all patents, copyrights, trademarks, service marks, trade secrets, and all other intellectual property rights (collectively, “IP Rights”) in the Services are and shall remain the sole and exclusive property of BRCK. You will not take any action to jeopardize, limit, or interfere with the IP Rights. Any unauthorized use of the IP Rights is a violation of the Agreement and of applicable intellectual property laws.

13. OFAC and Export Restrictions

You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist-supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties. You will not use the Services in violation of U.S. export-control or sanctions laws administered by the Office of Foreign Assets Control (OFAC) or other authorities.

14. Support and Feedback

BRCK may provide customer and technical support to you via telephone, chat, forums, FAQ, and email for the Services. The types of support provided by BRCK depend on the products you purchased and the number of seats using BRCK in your organization, and are determined entirely by BRCK in its sole discretion and may change from time to time. BRCK does not make any representation or guarantee that it will be able to fully resolve any issue you report. Except as provided in this section, BRCK has no obligation to provide additional customer or technical support, or to provide solutions (e.g., bug fixes) to any issue that may arise in your particular use of the Services.

From time to time, BRCK may send you surveys, comment cards, customer-satisfaction forms, or other requests for feedback. You hereby grant BRCK, its licensors, and its suppliers a perpetual, unlimited, worldwide, fully paid-up, royalty-free license to use all feedback, answers, ideas, comments, or other information you provide to BRCK.

15. Number Porting and Availability

BRCK will use reasonable efforts to facilitate number transfers or port requests for you, provided that you comply with the necessary and specific procedures for porting between service providers. You acknowledge that number porting depends on the cooperation of third parties outside of BRCK’s control. Accordingly, you agree that BRCK will not be liable for the failure or delay of any third party to cooperate in the porting of any telephone number, or for the allegedly unauthorized porting of any telephone number by a third party.

BRCK works with third-party carrier(s) who, on BRCK’s behalf, port telephone numbers in accordance with applicable regulatory rules and industry guidelines. BRCK’s third-party carrier(s) require specific and detailed information when completing a port request, and you will be required to provide such information. For porting numbers into your BRCK account, follow the procedures on your account-settings page for transferring a number to your BRCK account. For porting numbers out of your BRCK account, follow the procedures of your new service provider. Porting your number out of your Account does not automatically terminate your BRCK account.

BRCK cannot guarantee that requested telephone numbers will be available, that your existing provider will port your number, or that circumstances beyond BRCK’s control will not prevent or delay a successful port. You should not order any printed material (such as business cards or stationery) showing a telephone number, or issue any press release or otherwise publicize any telephone number, until that number becomes active on your Account. BRCK is not liable for reimbursement for press releases, business cards, or stationery under any circumstances.

You understand and agree that BRCK may from time to time need to change the telephone number assigned to you (due to an area-code split or for any other reason). BRCK is not liable for any damages (including consequential, special, or other damages) in the event that it needs to assign you a new telephone number.

16. BRCK 911 Service

WE RECOMMEND YOU MAKE ALTERNATIVE ARRANGEMENTS TO PLACE 911 CALLS, SUCH AS USING A TRADITIONAL WIRELINE OR CELLULAR TELEPHONE, AND YOU SHOULD NOT RELY ON BRCK TO CALL 911.

BRCK DISCLAIMS ANY AND ALL LIABILITY RELATING TO YOUR (OR ANY OF YOUR USERS’ OR THIRD PARTIES’) INABILITY TO MAKE 911 CALLS OR ACCESS EMERGENCY SERVICES.

BRCK VoIP 911 Service (“BRCK 911 Service”) operates differently than traditional 911 service. We are required by the FCC to advise you of the circumstances under which 911 may not be available or may be limited compared to traditional 911 service. Such circumstances include, but are not limited to:

Internet connection failure.If the connection to the wired broadband internet over which your BRCK Service is provided is interrupted, you will not have access to BRCK Service—and therefore will not have access to BRCK 911 Service—during that interruption.

Number flexibility & service portability.Traditional 911 service automatically sends your 911 call to the appropriate local Public Safety Answering Point (“PSAP”) based on your telephone number, and traditional Enhanced 911 (E911) service sends your call to the appropriate PSAP along with your registered address and telephone number. Because BRCK Service permits you to obtain a telephone number that does not correspond to your geographic location, and to use BRCK Service anywhere you have wired broadband internet, BRCK 911 Service functions differently in certain respects. Because your address does not necessarily correspond with your telephone number, you must provide BRCK with the street address(es) where you will use BRCK Service (“Registered Location(s)”) when you sign up. If you relocate any equipment (e.g., a PC with a softphone, an IP phone, or an ATA with a traditional phone) that you use to access BRCK Service, you must update your Registered Location(s). If you do not, any 911 calls you make may be routed based on your previously provided Registered Location and therefore may not reach the appropriate PSAP for your new location. Once you notify us of a change, there may be a delay before the new Registered Location is available to properly route 911 calls. In some parts of the country where direct routing to PSAPs is unavailable, BRCK 911 Service will route your call to a national emergency call center, where trained agents will ask for the caller’s name, location, and telephone number and contact the appropriate PSAP. The call center will not automatically receive your address and telephone number, and public-safety response times may be delayed.

Loss of electrical power. Unless you have a backup system to power your wired broadband internet connection and any equipment you use to access BRCK Service, you will not have phone service or 911 service during a power outage.

Registration of physical locations required. You must register a Registered Location for each phone number you use from BRCK. BRCK will obtain your Registered Location as part of service initiation and will not provide BRCK Service until you have provided your initial Registered Location. You must update your Registered Location whenever you use BRCK Service from a new location. Regardless of the address you register, in some circumstances (such as unavailability of direct routing to PSAPs, or use of portable devices) emergency calls will be routed to a national emergency call center.

You agree to provide true, accurate, current, and complete Registered Location information and to update it as soon as possible whenever you use BRCK Service from a new location. If you provide Registered Location information that is—or that BRCK suspects to be—false, inaccurate, not current, or incomplete, BRCK has the right to suspend or terminate the Services and refuse any current or future use of all or part of the Services. BRCK will not, however, disable your ability to make a 911 call during any service suspension.

You may update your Registered Location by logging on to your account-settings page or contacting BRCK customer support at support@brck.com. For purposes of 911 dialing, you may register only one Registered Location for each BRCK phone number.

Notify all users of 911 limitations. You must inform all business colleagues, household residents, guests, and other persons who may be present at the physical location where you use BRCK Service that 911 may not be available or may be limited compared to traditional 911 service.

Disclaimer of 911 liability. BRCK disclaims all responsibility for the conduct of PSAPs, national emergency call centers, and all other third parties involved in the provision of emergency-response services. BRCK has no control over PSAPs, national emergency call centers, or other third parties and is therefore not responsible for whether or how they answer or handle 911 calls made using BRCK Service. BRCK relies on third parties to assist in the provision of 911 service and disclaims any and all liability for acts or omissions by third parties. BRCK expressly disclaims all liability with respect to your use of the E911 service. You agree to fully, finally, and forever release, discharge, hold harmless, and indemnify BRCK from and against any damages or liabilities of any kind related to your use of the E911 service.

17. Operator-Assisted Calling, 311, 511, and Other X11 Calling

The Service does not support 0+ or operator-assisted calling (including, without limitation, collect calls, third-party-billing calls, 900 calls, or calling-card calls). The Service may not support 311, 411, 511, and/or other X11 calling (other than 911 and 711 as specified in the Agreement) in one or more service areas.

18. Fraudulent Activity or Erroneous Charges

In the event of suspected fraudulent activity or erroneous charges on your Account, you agree to contact BRCK as soon as possible. In many cases, BRCK can mitigate or correct fraudulent activity or erroneous charges without bank or credit-card-company intervention. When you contact customer support at support@brck.com, please have available: (a) your name, contact information, the BRCK account telephone number in question, and security-verification information; (b) the credit-card account number associated with the account; and (c) the total amount in question charged to the account. If you do not contact BRCK within thirty (30) days after the suspected fraudulent activity or erroneous charges appear on your Account, you waive your right to object to or challenge such activity or charges. If you request that your bank or credit-card company perform a chargeback without first contacting BRCK, and BRCK subsequently determines that the charges at issue are not erroneous, BRCK reserves the right to terminate your account immediately and take any available legal action. Notwithstanding the above, you are solely liable for any transactions or activities by you or anyone else that occur on your Account, and in no event shall BRCK be liable for any unauthorized use of your Account.

19. Reporting Abuse

To report suspected abuse, spam, illegal robocalls, spoofing, or other violations of this AUP, contact BRCK at abuse@brck.com. BRCK investigates reports of abuse and may take any action permitted under this AUP and the Agreement.

20. AUP Breach; Suspension and Termination

In the event that you breach any of the terms of this AUP, BRCK retains the right to suspend or terminate your use of the BRCK Services upon written notice to you. Where the violation involves illegal, fraudulent, spoofed, unauthenticated, RMD-noncompliant, unregistered, or abusive traffic, or where required by law, carrier rule, or BRCK’s upstream arrangements, BRCK may suspend, block, throttle, de-register, or terminate the affected traffic or Account with or without prior notice. No credits will be available for terminations or suspensions resulting from your breach of this AUP.

NO LIABILITY FOR GOOD-FAITH ENFORCEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BRCK WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY ACT TAKEN, OR NOT TAKEN, IN GOOD FAITH PURSUANT TO OR IN RELIANCE ON THIS AUP—INCLUDING, WITHOUT LIMITATION, BLOCKING, THROTTLING, FILTERING, QUARANTINING, RE-ROUTING, DE-REGISTERING, REFUSING TO PROVISION OR TERMINATE, SUSPENDING, OR TERMINATING ANY TRAFFIC, NUMBER, SERVICE, OR ACCOUNT—AND NO SUCH ACTION WILL CONSTITUTE A BREACH OF THE AGREEMENT BY BRCK, RELIEVE YOU OF ANY PAYMENT OBLIGATION, OR GIVE RISE TO ANY CREDIT, REFUND, OR CLAIM AGAINST BRCK.

21. Governing Law

This AUP is governed by the laws of the State of North Carolina, without regard to its conflict-of-laws provisions, consistent with the Terms of Service. Exclusive venue, and the seat and hearing location of any arbitration, is Charlotte, Mecklenburg County, North Carolina (the state courts of Mecklenburg County and the U.S. District Court for the Western District of North Carolina, Charlotte Division), as set forth in the Terms of Service, except to the extent the Agreement provides otherwise.

22. Contact

Turkana, LLC d/b/a BRCK
16928 Lancaster Hwy, Suite 109, Charlotte, NC 28277
General inquiries: info@brck.com | +1 (855) 244-2026
Account & support: support@brck.com
Abuse reports: abuse@brck.com