TERMS OF USE
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Last Updated: April 1, 2021 Please read these terms and conditions carefully before using the Reassigned Numbers Database website (the “RND Website” or the “Site”) and the services you can access through the RND Website (the “Services”). The Services are provided on behalf of the Federal Communications Commission (“FCC”) by the Reassigned Numbers Database Administrator (the “RNDA”), and are subject in all cases to the terms and conditions of the FCC’s appointment of the RNDA. The RND Website is to be used for the sole purpose of obtaining information about the disconnection and reassignment of geographic and toll-free telephone numbers (collectively, “Telephone Numbers”) and accessing or using the Services. Activity on the RND Website is recorded, monitored, and subject to audit by the FCC, the RNDA, and third parties acting on behalf of the RNDA. Any unauthorized use or misuse of the RND Website is strictly prohibited and subject to legal action and/or enforcement action by the FCC. BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS (THE “AGREEMENT”). |
1. Eligibility; Services and Terms of Use
The following persons are eligible to access and use the Reassigned Numbers Database (the “RND”):
- “Service Providers,” defined as reporting carriers as defined in the FCC’s numbering rules, see 47 C.F.R. §§52.5(i), 52.15(f)(2), which include wireless, wireline, and interconnected VoIP providers that obtain numbers from the North American Numbering Plan Administrator (NANPA).
- “Callers,” defined as a person or entity that initiates any call, including text messages, using a wireless, wireline, or interconnected VoIP service.
- “Agents” authorized in writing by the Service Providers or Callers to access the RND on their behalf.
- The Toll-Free Number Administrator (“TFNA”), acting as agent for “Responsible Organizations,” defined as entities chosen by toll-free subscribers to manage and administer the appropriate records in the toll-free Service Management System for the toll-free subscriber.
- A person or entity granted a waiver to access the RND for a lawful purpose under section 1.3 of the FCC’s rules, 47 CFR § 1.3, subject to the terms and conditions of that waiver.
If you use any of the Services, you agree to do so in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions set out in this Agreement.
2. Registration
In order to access the RND, you must send an email to the RND requesting an account (a “User Account”) with the RNDA. Upon receipt of that request, the RNDA will send you a system-generated email, allowing you access to an online registration form in order to complete the registration form provided on the Site and create logon credentials, including information sufficient for multi-factor authentication as required by the RNDA (your “Logon Credentials”). If you are a Caller or the Agent for a Caller, you also must provide a credit card number and/or banking account information (your “Payment Method”) acceptable to the RNDA’s third-party payment processor (the “Payment Processor”) for purposes of paying the Fees for accessing the RND and using the Services (as described on the Site).
You acknowledge and agree that your Payment Method, and all payments and receipts made thereby, will be transmitted to, held exclusively by, and processed by the Payment Processor, subject to the Payment Processor’s terms and conditions. You may be required to authorize the Payment Processor to charge your credit card with the Fees shown on the Site and remit such Fees to the RNDA.
The RNDA may reject your application if you are not eligible to access the RND. The RNDA may revoke your User Account and disable your Logon Credentials if the RNDA determines, in its discretion, that you have breached any obligation owing to the RNDA (including the violation of this Agreement) or are otherwise ineligible to hold a User Account. If you disagree with any such determination by the RNDA, you may dispute that determination by filing a letter, including all relevant facts, in the following FCC docket: CG 17-59.
You, as a User Account holder, agree that you will never divulge or share access to your User Account or Logon Credentials with any third party for any reason. You also agree that you will create, use, and/or access only one User Account, and that you will not access the Site using any User Account or Logon Credentials other than your own.
You agree to notify the RNDA and the Payment Processor immediately upon becoming aware of or suspecting any unauthorized use of your User Account or Logon Credentials. The RNDA will not be responsible for any loss or damage arising from unauthorized access to your User Account or Logon Credentials.
You warrant that all information provided by you in applying for a User Account or in using the Services is accurate, current, and complete, and that it complies with your obligations under the Agreement. You also agree to maintain and update such information promptly to keep it accurate, current, and complete. As a Caller/Caller Agent, you acknowledge that if any such information provided by you is untrue, inaccurate, not current, or incomplete, the RNDA may terminate your use of the Services.
You acknowledge and agree that as a User Account holder, personally identifiable information about you will be available to the RNDA, the FCC, and the Payment Processor to view and use in the course of your use of and payment for the Services. You hereby consent to the use of your personally identifiable information for this purpose.
3. Services
The Services include the provision of the following:
- A single, comprehensive reassigned numbers database (the “RND”) that enables Callers to query whether a U.S. geographic or toll-free telephone number has been permanently disconnected after a date certain, and is therefore eligible for reassignment, and that enables Service Providers and the TFNA to update the RND with information regarding permanently disconnected U.S. geographic and toll-free telephone numbers on a monthly basis.
- A portal interface (the “RND Portal”) for the TFNA, the FCC, Callers, Service Providers, other authorized users, and their Agents.
- A system-to-system interface (the “RND Interface”) including Secure FTPs and RESTful APIs for Callers and their Agents.
Callers that rely on the RND to learn whether a number has been reassigned after a date certain may be able to avail themselves of a safe harbor from Telephone Consumer Protection Act (“TCPA”) liability, where consistent with FCC rules, 47 CFR §64.1200(m)(1)-(2). Such safe harbor is provided pursuant to FCC rules and not as a function of the RND.
4. Rights and Obligations of Service Providers and Their Agents
As a Service Provider or an Agent for a Service Provider, you are licensed by the RNDA to use the RND Portal to populate and update the RND with complete and accurate information respecting the permanent disconnection of Telephone Numbers that have been assigned to you by NANPA, the Pooling Administrator, or by another telecommunications carrier (“Your Telephone Numbers”). You must, by April 15, 2021 (or October 15, 2021 for small providers[1]), use the portal to transmit to the RND a complete and accurate list of all of Your Telephone Numbers that have been permanently disconnected since July 27, 2020 (or since January 27, 2021 for small providers). You must thereafter use the RND Portal to update the information provided to the RND respecting Your Telephone Numbers on the 15th day of every month.
You hereby agree that the information provided respecting Your Telephone Numbers may be provided to Callers and their Agents who have registered to use and access the RND, as well as other persons or entities granted access to the RND by operation of FCC waiver.
You represent and warrant to the RNDA and to all Callers accessing the RND that the information you have provided to the RND respecting Your Telephone Numbers is complete and accurate and that Callers may rely on such information for purposes of the safe harbor provisions of the TCPA. You agree to and do hereby indemnify and hold harmless the RDNA and Callers from and against any and all loss, cost, liability, or damages the RNDA or a Caller may sustain as a result of or in connection with any breach of the foregoing warranty.
[1] Small providers are defined as providers with 100,000 or fewer domestic retail subscriber lines as reported on their most recent Forms 477, aggregated over all the providers’ affiliates. 47 CFR §64.1200(l)(4).
5. Rights and Obligations of Callers and Their Agents
As a Caller or Agent for a Caller you are licensed by the RNDA to access the RND Portal and use the RND Interface solely for the purpose of determining whether Telephone Numbers have been permanently disconnected as of a date certain. Upon querying the RND, Callers will receive one of three responses: “Yes” (indicating permanent disconnection shown in the RND as of the date specified by the Caller); “No” (indicating no permanent disconnection shown in the RND as of the date specified by the Caller); or “No Data” (indicating that data is not available in the RND respecting the queried Telephone Number and the date specified).
As a Caller or Agent for a Caller, you specifically agree that any use of information provided by the RND respecting Telephone Numbers, other than to determine whether a Telephone Number has been permanently disconnected as of a date certain for purposes of compliance with the TCPA, is specifically prohibited. Without limiting the foregoing, you are prohibited from disclosing, selling, or otherwise providing such information to any third party (except as required for purposes of TCPA compliance), or using such information for purposes of marketing, advertising, or otherwise. You agree to and do hereby indemnify and hold harmless the RDNA from and against any and all loss, cost, liability, or damages the RNDA may sustain as a result of or in connection with any use of the information other than for purposes of your compliance with the TCPA.
6. General Obligations, License, and Limitations
You must not use the Services in any way that causes, or is likely to cause, the Services (or use of or access to the Services) to be interrupted, damaged, breached, or impaired in any way.
You understand that you, and not the RNDA, are responsible for all electronic communications and content sent from your computer, mobile phone, or other device and that you must use the Services solely for the purposes described in this Agreement.
The Services are provided on behalf of and under the authority of the FCC and the past, present, and future content, function, and use of the Services are subject to applicable federal law and regulation. Under the terms of its agreement with the FCC, the RNDA holds copyright in the RNDA Website and associated software, cloud services, and other means created by or on behalf of the RNDA to provide the Services to you (collectively, the “the RNDA Property”). The RNDA grants you a limited license to access and make use of the RNDA Property solely for the purpose of accessing and using the Services, but not to download (other than page caching), modify, or make any other commercial use or exploitation of the RNDA Property, or any portion thereof, except to perform permitted actions in connection with your use of the Services. This license does not include any resale of the RNDA Property; any derivative use of the RNDA Property; any downloading or copying of account or Telephone Number information for the benefit of a third party; or any use of data mining, web scraping, robots, or similar data gathering and extraction tools.
You may not frame or use framing or other similar techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the RNDA or any affiliate of the RNDA or of the FCC without express written consent. You may not use any meta tags or any other “hidden text” utilizing the RNDA’s names or trademarks without the express written consent of the RNDA. Any unauthorized use terminates the permission or license granted by the RNDA.
7. Privacy
Information submitted in the course of using or accessing the Services is accessible both by the RNDA and the FCC. You can find information about the FCC’s compliance with the Privacy Act of 1974 on the FCC’s Privacy Act Information webpage (https://www.fcc.gov/managing-director/privacy-transparency/privacy-act-information).
8. Limitation of Liability and Warranty
YOU AGREE THAT USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION OR ITS ACCURACY, SERVICES, UNINTERRUPTED ACCESS, PRODUCTS, OR RESULTS PROVIDED THROUGH OR IN CONNECTION WITH SERVICES. SPECIFICALLY, THE RNDA AND FCC DISCLAIM ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, OR CONTENT OF INFORMATION OR PRODUCTS; AND 2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION, OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
NEITHER THE RNDA, NOR ANY OF ITS OFFICERS, AGENTS, OR REPRESENTATIVES OR THE FCC SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICES OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICES, OR OUT OF ANY BREACH OF ANY WARRANTY. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES UTILIZE PUBLIC NETWORKS AND THIRD-PARTY PRODUCTS AND SERVICES, AND THAT THE RNDA OR FCC SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR ANY SERVICE INTERRUPTION, MALFUNCTION, LOSS OF DATA, SECURITY BREACH, OR OTHER DAMAGE OR HARM THAT MAY BE CAUSED BY SUCH NETWORKS AND THIRD-PARTY PRODUCTS. YOUR SOLE REMEDY IN THE EVENT OF SUCH SERVICE INTERRUPTION, MALFUNCTION, LOSS OF DATA, SECURITY BREACH, OR OTHER MALFUNCTION SHALL BE AGAINST THE PROVIDER OF SUCH NETWORK OR OTHER THIRD-PARTY PRODUCT OR SERVICE.
9. Links to Other Sites
The Services may contain hyperlinks to other third-party websites (“Other Sites”). If you use the hyperlinks to access these Other Sites, you will leave the Services and your browser will be re-directed to the Other Sites. The Other Sites may have their own terms of service and privacy policy, and those Other Sites may have different practices and requirements than the Services. The RNDA may not have knowledge of, and is not responsible for, the content presented by any Other Site. As such, the RNDA does not warrant or make any representation regarding the legality, accuracy, or authenticity of content presented by Other Sites. The hyperlinks to Other Sites do not constitute an endorsement by the RNDA or the FCC of any Other Site(s) or resources, or their content. The Services are only providing these links to you as a convenience.
10. Notices
The RNDA may give notice to you by means of: a general notice on the Services, electronic mail to your e-mail address on record in the Services account information, text messages sent to a telephone number you provide for this purpose, “push” notifications or other similar means, or written communication sent by first class mail to your address on record in the Services account information. You may give notice to the RNDA and such notice shall be deemed given when received by the RNDA at any time by any of the following:
Electronic mail to:
Letter delivered by first class postage prepaid mail or courier to the RNDA at the following address for the RNDA as applicable:
RNDA
ATTN: Legal
Two Tower Center Boulevard, 20th Floor
East Brunswick, NJ 08816
11. Indemnification
You agree to indemnify and hold the RNDA and the FCC harmless from any dispute which may arise from a breach of terms of this Agreement. You agree to hold the RNDA and the FCC harmless from any claims and expenses, including reasonable attorneys’ fees and court costs, related to your violation of this Agreement.
12. Termination of Service
You may terminate your registration to use the Services by notifying the RNDA using the contact information provided in Section 10. If you violate this Agreement or other policies or guidelines of the RNDA or of the FCC, or engage in online conduct that is harmful to other users of the Services, the RNDA may seek any remedy against you and/or exercise any other rights as are consistent with applicable law and regulation and/or the terms of this Agreement.
13. Choice of Law
To the extent applicable, this Agreement is governed by the federal laws and regulations of the United States of America. To the extent federal laws and regulations do not apply, the laws of the State of Delaware will govern any dispute arising from the terms of this Agreement or a breach of this Agreement.
14. Class Action Waiver
YOU AND THE RNDA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR THE RNDA’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
15. Dispute Resolution
Should any dispute arise under this Agreement, you agree to first raise such dispute with the RNDA under the Notice provision in Section 10 above and the RNDA will work with you to resolve the dispute. To the extent the dispute remains unresolved, you may seek resolution of the dispute pursuant to the North American Numbering Council’s Dispute Resolution Process. Decisions by the RNDA or the NANC pursuant to its Dispute Resolution Process may be appealed to the FCC.
Except as otherwise required by applicable law and to the extent that matters do not fall within the jurisdiction of the FCC (“Non-FCC Matters”), you agree that the exclusive jurisdiction of any such actions arising out of, relating to, or in any way connected with this Agreement shall be in the state or federal courts, as applicable, located in the Commonwealth of Virginia. The RNDA reserves the right, to the extent permitted by law, to seek any judicial relief regarding disputes, controversies, or claims arising out of or relating to this Agreement or your access to or use of the Services, including, but not limited to, the arbitrability of the matter or the formation, interpretation, scope, applicability, termination, or breach of this Agreement, by any court having jurisdiction. This section shall apply to all disputes, controversies, and claims as set forth herein, regardless of whether such disputes, controversies, or claims concern a single individual, entity, or other person, multiple individuals, entities, or other people, or classes of individuals, entities, or other people. You hereby consent to receive service of process by electronic means to the extent allowed by the applicable governing body, federal agency or court. This constitutes express agreement of the parties regarding your consent pursuant to United States Federal Rule of Civil Procedure 5(b)(2)(E) and any applicable state (or other jurisdiction) equivalent.
16. Entire Agreement
This Agreement, together with the FCC’s rules, regulations, and policies regarding RND, constitute the entire agreement between the parties with respect to the subject matter contained herein and supersede all previous and contemporaneous agreements, proposals, and communications, written or oral between the RNDA, its representatives, and you.
17. Modification
The RNDA may amend or modify this Agreement or impose new conditions, consistent with applicable law and regulation, upon notice from the RNDA to you as published through the Services. Any use of the Services by you after such notice shall be deemed to constitute your acceptance of such amendments, modifications, or new conditions.