Last Updated: December 18, 2017
1. Acceptable Use Policy (AUP) Compliance.
Customer must at all times comply with this Acceptable Use Policy and as 101VOICE may update the same from time to time. If 101VOICE receives notice of Customer’s violation of the Acceptable Use Policy or illegal use of 101VOICE’s Services, facilities, network or third-party networks accessed through 101VOICE’s network (including, in any case and without limitation, any use contrary to the Digital Millennium Copyright Act of 1998, 17 U.S.C. 512), or 101VOICE otherwise learns of such use or has reason to believe such use may be occurring, then Customer will cooperate in any resulting investigation by 101VOICE or government authorities. Any government determinations will be binding on Customer. If Customer fails to cooperate with any such investigation or determination, or fails to immediately rectify any violation of the Acceptable Use Policy or illegal use, 101VOICE may immediately suspend the Service (including, without limitation, prior to the end of any Service Term). Further, upon notice to Customer, 101VOICE may modify or suspend the Service as necessary to comply with any law or regulation as reasonably determined by 101VOICE. Under no circumstances will Customer take any actions in connection with its use of the Service that could result in any harm or damage to 101VOICE’s network, any third-party network(s), 101VOICE’s premises, any equipment of 101VOICE or any other 101VOICE Customer.
2. Use Guidelines:
- 2.1 Unusually high usage of the Service attributable to an individual Customer may indicate misuse of the Services. Accordingly, for all service plans “Reasonable Use” means that Customer’s use of the Service does not materially impair 101VOICE’s ability to provide the Service to other users.
- 2.2 All unlimited plans are subject to all of the prohibited use and normal use limitations set forth in this Acceptable Use Policy. In addition, all unlimited plans are subject to the following terms and conditions:
- 2.2.1 Unlimited plans are for normal residential or business use only;
- 2.2.2 Unlimited plans cannot, under any circumstances, be used for call-in lines, call centers, conference calling (other than 3-way calling and conference bridge calling provided by 101VOICE), trunking (to a PBX or otherwise), continuous or extensive call forwarding, autodialing, fax blasting, telemarketing (including without limitation charitable or political solicitation and/or polling), junk faxing, fax spamming, machine to machine calling, or other high volume or multi-person calling or faxing purposes;
- 2.2.3 Unlimited voice services are provided solely for live dialog between individuals. For purposes of the Agreement and Customer’s plan, “unlimited usage” means the combined number of inbound and outbound voice minutes and fax pages, but specifically excluding all advertising and informational messages sent to Customer directly from101VOICE, as determined by 101VOICE in its sole discretion. 101VOICE reserve the right, at any time, to enforce this policy in accordance with this Agreement;
- 2.2.4 101VOICE reserves the right to review and monitor Customer’s usage of its unlimited plan (i) to calculate Excessive Use and (ii) confirm compliance with this Acceptable Use Policy.
- 2.2.5 The Services may not support calls to 211, 311, 511, 611, 711, 811, and 900.
- 2.2.6 There will be additional charges for calls made to local directory services such as 411.
3. Lawful and Prohibited Use.
- 3.1 Except where prohibited by law, if Customer violates the Acceptable Use Policy, including but not limited to Excessive Use of the Service, Customer hereby acknowledges and agrees that 101VOICE may modify, suspend, terminate, disconnect or take any other reasonable action regarding Customer’s Service to prevent violation of this Acceptable Use Policy, including charging Customer on per minute basis at 2.9 cents per minute for domestic outbound calls (international calls will be charged at Customer’s plan rates), for any excess use or automatically converting Customer’s unlimited plan to a metered plan. Customer hereby agrees to pay 101VOICE, and hereby authorizes 101VOICE to charge Customer’s credit card or bank account for any additional fees, charges and penalties related to Excessive Use.
- 3.2 Short Duration Call Prohibition; 101VOICE reserves the right to charge all short duration calls (calls under 10 seconds in length) a 2.9 cents per call assessment if 101VOICE determines, in its sole discretion, that Customer has an excessive volume (more than 10% of total calls in any given month) that consist of such short duration calls.
- 3.3 Customer understands and agrees to use the Services only for lawful purposes and that Customer shall not, at any time, use the Services for any illegal, improper or abusive purpose or in any way which interferes with 101VOICE’s ability to provide Services to other customers, prevents or restricts other customers from using the Services, or damages any 101VOICE or other customer’s property. Prohibited uses include, but are not limited to:
- 3.3.1 Behavior that is obscene, threatening, harassing, defamatory, libelous, deceptive, fraudulent, malicious, infringing, or invasive of another’s privacy;
- 3.3.2 Harvesting or otherwise collecting information about others, including email addresses, without their consent;
- 3.3.3 Knowingly transmitting any material that contains viruses, time bombs, trojan horses, worms, or any other programs that may be harmful or dangerous;
- 3.3.4 Machine to machine calling, including Autodialing, predictive-dialing, or robo-dialing
- 3.3.5 Calling card, conference calling, or similar services that participate in traffic simulation or traffic pumping practices or schemes resulting in abnormal or excessive charges.
- 3.3.6 Creating a false Caller identity (“ID spoofing”) or forged email 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;
- 3.3.7 Transmitting any material that may infringe the intellectual property rights or other rights of third parties;
- 3.3.8 Using or employing methods and/or devices that are designed or likely to take advantage of, bypass, exploit, or otherwise avoid this Acceptable Use Policy;
- 3.3.9 Violating any U.S. or foreign law regarding the transmission of technical data or software exported through the Service;
- 3.3.10 Violate any law, rule, or regulation or violate any party’s intellectual property or personal rights, or exceed Customer’s permitted access to the Service, Service Portals, or Systems.
- 3.4 Customer further acknowledges and agrees that:
- 3.4.1 101VOICE will fully comply with the Communications Assistance for Law Enforcement Act of 1984 (CALEA) and all rules and regulations promulgated thereunder, as the same may be amended from time to time. Customer agrees to 101VOICE’s right to monitor, tap, trace or otherwise disclose the nature and content of Customer’s communications if and as required by law enforcement authorities, without notice to Customer.
- 3.4.2 Customer shall be solely liable for any transmissions sent through the Services and that 101VOICE has no control over the content of any transmission;
- 3.4.3 Customer shall not attempt to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services;
- 3.4.4 Customer shall not interfere with other customers’ or third-parties’ use and enjoyment of the Services or use the Services in any manner which disrupts, prevents or restricts any other customer from using the Service;
- 3.4.5 Customer’s use of the Services is subject to all applicable local, state, national, and international laws and regulations (including without limitation those governing payment collection, export control, consumer protection, unfair competition, anti-discrimination, securities laws, and false advertising);
- 3.4.6 Customer is solely responsible for all acts or omissions that occur under Customer’s account or password, including the content of Customer’s transmissions through the Services.
- 3.5 The transmission of unsolicited calls using the Service for broadcasting and/or transmitting of unsolicited audio or fax advertisements is illegal under federal law, including the Federal Telephone Consumer Protection Act of 1991 and under a number of similar state laws. Distribution of unsolicited voicemail, broadcast, and fax advertisements through the Services is prohibited. Customer shall not use the Services to send or transmit any unsolicited communications or advertisements, and acknowledges and agrees that 101VOICE may immediately terminate Customer’s right to use the Services without any liability of any kind if Customer conducts such activity. 101VOICE may use technologies and procedures, such as filters, that terminate such unsolicited advertisements without delivering them. Customer hereby releases and agrees to hold harmless 101VOICE from and against any damages or liabilities of any kind related to any voicemail, broadcast and/or fax spam or solicitations that Customer may send and/or receive using the Services.
4. Theft of Service.
Customer may not use or obtain 101VOICE’s Service in any manner that avoids 101VOICE policies and procedures, including an illegal or improper manner. Customer will notify 101VOICE immediately in writing if a Service related device is stolen or if Customer believes that Service is being stolen, fraudulently used, or otherwise being used in an unauthorized manner. When Customer notifies101VOICE of any of these events, it must provide a detailed description of the circumstances of the theft, fraudulent use, or unauthorized use of Service. If Customer fails to notify 101VOICE in writing in a timely manner, Service is subject to being disconnected and/or additional charges. Until Customer notifies 101VOICE in writing, Customer will remain liable for all use of the Service through the date notice is received by 101VOICE.
5. No Resale of Service.
Customer may not resell the Service or any Service related device or provide a telephone service to anyone else by using 101VOICE’s Service or features of Customer’s Service without first obtaining 101VOICE’s prior written consent.
6. No Alterations or Tampering.
If Customer copies or alters or has someone else copy or alter the firmware or software of a Device in any way that facilitates a compromise of 101VOICE Service, Customer is responsible for any charges that result. Customer may not attempt to hack or otherwise disrupt 101VOICE Service or make any use of the Service that is inconsistent with its intended purpose.
7. Use of Service outside the USA.
If Customer moves a device to a country outside of the United States or uses the Service from outside the United States, Customer does so at its own risk, including the risk that such activity violates local laws in that country. Customer will be solely responsible for any violations of local laws and regulations or violations of Internet or other related terms of service resulting from such use. 101VOICE reserves the right to disconnect Services immediately if 101VOICE determines, in its sole and absolute discretion, that Customer has used the Service or a device in violation of applicable laws of jurisdictions outside the United States. Customer is solely liable for any and all use of the Service and/or device by any person making use of the Service or device provided to Customer.
8. Reasonable Use.
101VOICE desires that Customer and Users understand the intended and permissible uses of 101VOICE Products and Services, and further desires to prevent fraud, exploitation and abuse of 101VOICE calling plans and features. Certain calling plans, including unlimited calling plans, are designed for normal commercial use and are not intended to represent typical usage by unique organizations such as call centers, resellers, fax messaging services, telemarketing firms, or for use without live dialog, such as transcription services, intercom or monitoring services. Unauthorized or excessive use beyond that normally experienced by typical business customers violates this AUP and may cause congestion issues and interfere with 101VOICE’s network and third-party networks with whom 101VOICE connects for call initiation and completion services. As a guide, Users will be considered to be in violation of this AUP when any of the following occur:
- 8.1.1 Aggregate domestic calling exceeds 3,000 minutes per subscriber line per month; and 1,500 minutes per SIP trunk channel per month.
- 8.1.2 Aggregate SMS messages exceed 500 per subscriber per month;
- 8.1.3 Voice to Text message conversion exceeds 200 minutes per subscriber line per month;
- 8.1.4 Facsimile pages exceed 100 pages per subscriber line per month.
101VOICE reserves the right to review Users’ accounts at any time for potential abuses of this AUP. 101VOICE may determine abnormal or abusive usage based on comparisons to the usage patterns of other customers. If it is determined that Users violate this AUP or Fraud Policy, 101VOICE may invoice User, and User shall pay a per minute or per page fee for excessive use at the then-current rates established by 101VOICE. In addition to such excessive use charges, if 101VOICE identifies excessive or abusive traffic patterns, 101VOICE reserves the right to change Customer’s applicable rate plan or suspend or terminate Service with or without notice.