PHONEXA provides both software data services via access to Phonexa’s Service Platform and telecommunications services (“Services” or “Service”) to its clients. The following Acceptable Use Policy shall govern the use of those Services by Phonexa’s clients.
1. Metered Services
– (Shall mean the use of software data services or telecommunications services where the amount of usage is measured in time increments and charged based on the time increment). PHONEXA reserves the right to periodically review usage levels of metered Service plans to ensure that you are not using such service in violation of this AUP and if such an abuse or violation is discovered to terminate or adjust the plan as appropriate. You agree to use the metered service plans for data or voice of a duration comparable to that of the average business client presently utilizing PHONEXA’s Services and will not employ methods, devices or procedures to take advantage of Metered plans by using the data or voice services excessively or for means not intended by PHONEXA. Excessive use is defined by PHONEXA as use that substantially exceeds the average usage volume or duration used by all other PHONEXA Metered plan clients The following types of services are specifically prohibited and may not be accessed through PHONEXA’s metered service plan: conference calling, monitoring services, excessive data transmission files, transmission of broadcasts or transmission of recorded material. PHONEXA may terminate your service or change your service plan or increase your usage fees if, in its sole discretion, PHONEXA determines that your use of the Metered plan violates this prohibition or is otherwise “unreasonable” or results in abuse of the Metered service plan.
a. We consider your use of our metered plan to be “unreasonable” and therefore subject to immediate termination if you:
- i. re-sell, re-brand, re-supply, re-market or commercially exploit our Metered Service, without our written consent, in order to aggregate traffic from more than one client over an “Metered” line or trunk;
- ii. set up routing functionality such that only outbound traffic is sent over the Metered Service; or
- iii. engage in any other conduct which is fraudulent or results in significant network congestion, or degradation.
b. We consider your use of our Metered plan to be “abusive” and subject to immediate termination or adjustment if you utilize:
- i. Autodialing, with a fraudulent list or unauthorized list or without consumer consent
- ii. Continuous, repetitive or extensive call forwarding
- iii. Continuous call session connectivity
- iv. Fax broadcasting, with a fraudulent list or unauthorized list or without consumer consent
- v. Fax blasting, with a fraudulent list or unauthorized list or without consumer consent
- vi. Telemarketing, with a fraudulent list or unauthorized list or without consumer consent
- vii. Transmission of excessively large data packets
- vii. Any other activity that would be inconsistent with reasonable personal, residential and business use patterns, causes network congestion or jeopardizes the integrity of PHONEXA’s network.
2. Lawful purposes only.
You may use our Services only for lawful, proper and appropriate purposes. You may not use our Services in any way that is illegal, improper or inappropriate. A non-exhaustive list of examples of illegal, improper or inappropriate uses of our Services includes:
- 2.1. Interfering with our ability to provide the Services to you or other clients, or avoiding your obligation to pay for the Services within the time frame designated for payment.
- 2.2. Use of the Services to threaten, abuse, harass, defame, deceive, defraud, interfere or invade another’s privacy or engage in any similar behavior.
- 2.3. Use our Services for: auto-dialing; continuous, repetitive or extensive call forwarding, telemarketing (including charitable or political solicitation or polling), fax or voicemail broadcasting or blasting with a fraudulent list or unauthorized list or without consumer consent.
- 2.4. Use our Services to: impersonate another person; send bulk unsolicited texts or messages; use robots, data mining techniques, or other automated Devices or programs to catalog, download, store, or otherwise reproduce or distribute information from our Services or use any automated means to manipulate our Services.
- 2.5. Violate any law, rule, or regulation; violate any third party’s intellectual property or personal rights; or exceed your permitted access to our Services.
- 2.6. Use the Services for transmitting or receiving any communication or material of any kind which would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law or encourage conduct that would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law.
3. Right of Termination.
In addition to PHONEXA’s right to terminate service for non-payment, PHONEXA reserves the right to terminate the Services immediately and without advance notice if PHONEXA, in its sole discretion, believes that you have violated any of the above restrictions, leaving you responsible for the full month’s charges to the end of the current term, including without limitation unbilled charges, plus a disconnect fee, all of which immediately become due and payable.
We may monitor the use of our Services for violations of this agreement. We may, without liability, remove or block all communications if we suspect a violation of this agreement, or if we think it necessary in order to protect our Services, or PHONEXA, its parent, affiliates, directors, officers, agents, and employees from harm.
4.1. Providing information to authorities and third parties.
If we believe that you have used our Services for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You consent to our forwarding of any such communications and information to these authorities. In addition, we may disclose your name, telephone number, credit card information, and other personal information, any communications sent or received by you, and any other information that we may have about your account, including but not limited to, types of service, length of service, MAC address(es), IP address(es), email address(es), registered 911 address, and all other account information, as follows: in response to law enforcement or other governmental agency requests; as required by law, regulation, rule, subpoena, search warrant, or court order; as necessary to identify, contact, or bring legal action against someone who may be misusing the Services; to protect PHONEXA’s rights and property; or in emergency situations where disclosure of such information is necessary to protect PHONEXA clients or third parties from imminent harm.
4.2. Use of Services by Clients Outside the United States.
Although our Services may be used for telecommunications and/or to transmit data to and from foreign countries, the Services are currently designed for optimal performance within the United States and certain regions of Canada (“Service Area”). Our Service is designed to work generally with unencumbered high-speed internet connections. However, if the high-speed internet connection you are using is not within a PHONEXA Service Area or your ISP or broadband provider places restrictions on using VoIP services, we do not represent that they will allow you to use our Services. You will be solely responsible for any violations of local laws and regulations or violations of ISP and broadband provider terms of service because of your use of our Services. All use of PHONEXA Service to or from areas outside PHONEXA’s Service Area is at your own risk
4.3. No Transfer of Services.
You may not resell or transfer your Services to anyone else by using your PHONEXA Service or features of your PHONEXA Services without first obtaining our prior written consent.
4.4. No Alterations or Tampering.
If you copy or alter or have someone else copy or alter the firmware or software in any way that facilitates a compromise of your Service, you are responsible for any charges that result. You may not attempt to hack or otherwise disrupt our Services or make any use of our Services that is inconsistent with its intended purpose.
4.5. Theft of Service.
You may not use or obtain our Services in any manner that avoids PHONEXA policies and procedures, including an illegal or improper manner. You will notify us immediately in writing if your Service has been improperly accessed, fraudulently used, or otherwise being used in an unauthorized manner. When you notify us of one of these events, you must provide your account number and a detailed description of the circumstances of the theft, fraudulent use, or unauthorized use of Services. If you fail to notify us in writing in a timely manner, we may disconnect your Service and levy additional charges on you. Until you notify us in writing, you will remain liable for all use of our Services that may be considered stolen, fraudulent or unauthorized use of the Services up through the date notice is received by PHONEXA.
4.6 Service Modifications.
Upon agreeing to use PHONEXA’s Service, you will designate in writing at least one but no more than three individuals who will be authorized to communicate with PHONEXA to make adds, deletes, changes or other modifications to the Services including, but not limited to, cancelling the Service, moving the Service address or altering the responsible party for the Services. PHONEXA shall take no instructions unless it receives the instructions from any of the designated individuals. In the event of a dispute within the business of the client regarding who has the authority to make any modifications to the Services, PHONEXA shall be authorized, in its sole discretion, to make its own determination and the decision of PHONEXA shall be final.