The Industry Traceback Group, LLC (ITG), a wholly-owned subsidiary of United States Telecom Association d/b/a USTelecom – The Broadband Association (USTelecom), owns and manages the ITG DNO Registry. These terms and conditions (Terms) apply to the use of the ITG DNO Registry list (the ITG DNO List).
By acquiring and using the ITG DNO List,
you agree to these Terms on behalf of you and your company. In addition, by continuing to use the DNO List, you agree to any updates made to these Terms in the future.
- Eligibility and Authority. Access to the ITG DNO List generally is only available to voice service providers that transmit calls destined to U.S. subscribers and that cooperate with traceback requests from the ITG, as the official registered traceback consortium in the United States. You represent and warrant that you are an authorized representative of an eligible voice service provider, or an authorized representative of another entity to which the ITG has authorized access to the ITG DNO List, and can bind your company to these Terms.
- License. The ITG DNO List is and shall remain the property of the ITG, and the ITG DNO List is licensed, not sold. If you acquire the DNO List, you are licensed to access and use the ITG DNO List in a manner consistent with these Terms. You do not acquire any right to any patent, copyright, trademark, trade secret, or other intellectual property right of the ITG in connection with licensing the ITG DNO List and/or these Terms. Should you violate these Terms, your license to use the ITG DNO List is revoked.
- Permitted Use. The ITG DNO List may only be used as part of your company’s efforts to stop illegal calls, including illegal robocalls and fraudulently spoofed calls. It may not be used for any other purpose.
- Restriction on Sharing. You may not share the ITG DNO List with any person outside of your company, and no employee or contractor of your company shall share the ITG DNO List beyond the company.
- No Status or Relationship. Acquiring the ITG DNO List does not establish any status with the ITG or USTelecom, nor does it establish a relationship between you and the ITG or you and USTelecom. You may not represent that you are in good status with the ITG or USTelecom, or are a member of the ITG or USTelecom, based on your acquisition of the ITG DNO List. The ITG in its sole discretion will determine if a representation you make regarding the ITG or USTelecom violates this provision, which will result in immediate termination of your access of the ITG DNO List.
- Reasonable Fee. The ITG may charge a reasonable annual subscription fee for access to the ITG DNO List. The ITG will not refund you in whole or part if you decide to cancel your subscription during a subscription term, nor will you receive any refund if the ITG cancels your subscription due to breach of these Terms. If you decline to renew your subscription or otherwise fail to pay a fee invoiced to you, you must immediately stop all reliance on the ITG DNO List and destroy and delete any and all copies of it, including any information and data derived from it.
- Warranties. To the maximum extent permitted by law, the ITG DNO List is provided on an “as is” and “as available” basis, without any warranties, express, implied, or statutory, and the ITG hereby disclaims any warranties on the ITG DNO List including without limitation any warranty of merchantability, fitness for a particular purpose, non-infringement, course of dealing, or course of conduct. THE ITG EXPRESSLY DISCLAIMS ANY RESPONSIBILITY SHOULD THE FEDERAL COMMUNICATIONS COMMISSION OR ANY OTHER REGULATOR, ENFORCER, OR PRIVATE LITIGANT DEEM YOUR RELIANCE ON THE ITG DNO LIST AS INSUFFICIENT TO SATISFY YOUR LEGAL AND REGULATORY OBLIGATIONS. THE ITG ALSO EXPRESSLY DISCLAIMS ANY RESPONSIBILITY SHOULD YOUR RELIANCE ON THE ITG DNO LIST RESULT IN THE BLOCKING OF LEGAL AND WANTED CALLS.
- Limitation on Liability. If you have any basis for recovering damages despite the preceding disclaimer of warranty, you can recover from the ITG only direct damages up to the fees you paid to acquire the rights to use the ITG DNO List. You cannot recover any other damages, including but not limited to consequential, lost profits, special, indirect or incidental damages. This limitation on liability applies regardless of whether the ITG knew or should have known about the possibility of damages.
- Right to Amend. The ITG may amend these Terms upon written notice to you, which may be provided through email or by us posting the amendment on our website. You agree that any changes to these Terms will be binding on you after the ITG has provided notice to you of such amendment. If you elect to not accept the changes to these Terms, you must (i) provide written notice to ITG and (ii) promptly cease using the ITG DNO List. In the case you do not provide such notice prior to the amendments becoming binding, by continuing to use the ITG DNO List, you agree that you are consenting to any such changes to these Terms.
- Successors and Assigns. These Terms and any rights and obligations hereunder may not be transferred or assigned without the ITG’s written consent, without such consent will be null and void. Subject to the foregoing, these Terms shall inure to the benefit of the Parties’ permitted successors and assigns.
- Applicable Law and Place to Resolve Disputes. You consent to exclusive jurisdiction and venue in Washington, D.C. for all disputes related to the ITG DNO List. The laws of the state of Delaware shall apply.
- Entire Agreement. These Terms, and any other terms the ITG may provide for supplements or updates, are the entire agreement for your use and access to the ITG DNO List.