1. ACCEPTABLE USE POLICY
By contracting for or using PrimeVOX Services, in addition to any other agreements Customer(s) may have entered into with PrimeVOX, Customer(s) agree to be bound by the terms of this Acceptable Use Policy (“AUP”). PrimeVOX reserves the right to modify this AUP at any time and in its sole discretion, with such modifications being effective once written notice is given. Any use of PrimeVOX Services after such modification constitutes acceptance of the AUP as revised.
Any Customer that PrimeVOX determines to have violated any element of this AUP may be subject to suspension or termination of service, with or without notice. PrimeVOX has the right, but not the obligation, to take further action as it deems to be appropriate under the circumstances to eliminate or preclude repeated violations. PrimeVOX shall not be liable for any damages of any nature suffered by any Customer, or any third party, resulting in whole or in part from PrimeVOX’s exercise of its rights under this AUP.
1.2. PROHIBITED CONDUCT
PrimeVOX Services must be used for lawful purposes only and in a manner consistent with the intended purpose of PrimeVOX Services. Users shall not use PrimeVOX Services to distribute, transmit, receive, use or store any type or kind of material:
- in violation of any local, state, or federal laws and regulations; or
- that may adversely affect PrimeVOX Services or other PrimeVOX Customers.
Customers are further prohibited from facilitating the violation of any of this AUP and from violating or facilitating the violation of another provider’s AUP, including distributing, transmitting, receiving, using, storing or otherwise providing any product or service that violates this AUP or another provider’s AUP. Any time a Customer accesses another provider or network using the PrimeVOX Services, such Customer must comply with the provider or network’s rule and policies. Customer agrees to indemnify, defend and hold PrimeVOX harmless from all claims, damages, losses and expenses (including attorneys’ fees and expenses) resulting from or allegedly resulting from such Customer’s access or use of other providers or networks.
1.3. FAIR AND REASONABLE USE
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 extreme network capacity and congestion issues and interfere with PrimeVOX’s network and third party networks with whom PrimeVOX connects for call initiation and completion services. As a guide, Customer(s) will be considered to be in violation of this AUP when any of the following occur:
- aggregate outbound calling exceed 2,000 minutes per subscriber line (i.e., hosted seat) per month pooled across all customer subscriber lines; or
- aggregate inbound domestic toll free calling exceeds 500 minutes per subscriber line per month per month pooled across all customer subscriber lines.
In addition, Plans may not be used for any of the following prohibited uses (which are in addition to the other prohibited uses under this AUP or otherwise applicable to the PrimeVOX Services):
- Spamming or blasting (e.g., sending one hundred (100) or more bulk and/or junk voicemail or faxes simultaneously);
- Bulk call-in lines (e.g., customer support or sales call centers, “hotlines,” 900 numbers, sports-line numbers, etc.); or
- Auto-dialing or “predictive” dialing (i.e., non-manual dialing or using a software program or other means to continuously dial or place out-bound calls).
PrimeVOX reserves the right to review Customers’ accounts at any time for potential abuses of this AUP. PrimeVOX may determine abnormal or abusive usage based on comparisons to the usage patterns of other customers. If it is determined that Customers violate this AUP, PrimeVOX may invoice Customer, and Customer shall pay a per minute fee for excessive use at the then-current rates established by PrimeVOX. In addition to such excessive use charges, if PrimeVOX identifies excessive or abusive traffic patterns, PrimeVOX reserves the right to change Customers’ applicable rate plan or suspend or terminate Service with or without notice.