Acceptable Use Policy
Fraudulent/Prohibited Use; Critical Harm; Suspension/Termination.
Customer shall not, and shall ensure that end users and Affiliates do not, and shall not authorize, assist, or enable any other third party to, use the Services in any manner that violates this AUP (an “AUP Violation”).
a. To the extent Customer, its Affiliates, or its end users have violated this AUP, or VoiceLogix has a reasonable belief of such a violation, VoiceLogix may suspend the Services in a manner reasonably tailored to address the non-compliant usage (except with respect to Critical Harm, as defined below) upon prior written notice to the extent commercially feasible, including a description of the AUP Violation(s) or possible AUP Violation(s) along with the written or electronic documentation supporting VoiceLogix’s determination, to the extent such documentation is available using commercially reasonable efforts. If any AUP Violation is found, Customer, in conjunction with VoiceLogix, shall promptly take necessary steps as soon as possible to prevent further AUP Violation(s).
b. If Customer is unable or unwilling to take all necessary steps to prevent Customer AUP Violation(s) of an affected Service within three business days from receipt of notice to Customer of such AUP Violation, VoiceLogix may suspend the affected Service in whole or in part, by giving written notice to Customer.
c. If Customer is unable or unwilling to take all necessary steps to prevent Customer AUP Violations of an affected suspended Service within twenty business days from receipt of notice of suspension of the affected Service, VoiceLogix may terminate the suspended Service by giving written notice to Customer, and Customer shall be liable for all charges for the terminated Service through the end of the applicable Term.
d. Notwithstanding any provision to the contrary, VoiceLogix reserves the right to act immediately and without notice suspend any Service in response to a court order or government notice that certain conduct of Customer with respect to such Service must be stopped or if, applying standard network management practices, VoiceLogix reasonably determines that, with respect to such Service, suspension is necessary to prevent (1) exposure of VoiceLogix to sanctions or prosecution, or (2) material harm to the VoiceLogix network, VoiceLogix customers or VoiceLogix third party vendors, or (3) would cause or causes unauthorized usage charges (collectively, “Critical Harm”). VoiceLogix shall provide Customer with written notice of the suspension(s) as soon as commercially reasonably possible thereafter, and VoiceLogix will remove any such suspension(s) as soon as commercially reasonably possible after the Critical Harm has been averted. Any such suspension(s) shall be for the minimum period commercially reasonably required to avert the Critical Harm.
e. Customer is solely responsible for any and all use of the Services purchased pursuant to the Agreement except to the extent caused by VoiceLogix’s gross negligence or willful misconduct. Subject to the foregoing, if either party becomes aware of any prohibited, fraudulent or unauthorized use of the Services purchased under Customer’s Account, such party shall promptly notify the other.
f. Customer agrees to provide VoiceLogix with any information VoiceLogix reasonably requests to investigate and resolve issues relating to Customer’s Account.
VoiceLogix Products and Services must be used for lawful purposes only and in a manner consistent with the intended purpose of VoiceLogix Products and Services. Users shall not use VoiceLogix Products and Services to distribute, record, transmit, post, receive, use or store any type or kind of material that:
- is illegal, improper or inappropriate
- violates any local, state, or federal laws and regulations;
- may expose VoiceLogix to criminal liability;
- may adversely affect VoiceLogix Products and Services or other VoiceLogix customers or Users;
- is threatening, abusive, harassing, defamatory, libelous, deceptive, or invades another’s privacy;
- 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 unless Customer has purchased the VoiceLogix call center service, “hotlines,” 900 numbers, sports-line numbers, etc.);
- Auto-dialing or “predictive” dialing (i.e., non-manual dialing or using a software program or other means to continuously dial or place outbound calls); or
- use an email box exclusively as storage space for data.
Customers are further prohibited from facilitating the violation of this AUP and from violating or facilitating the violation of another provider’s AUP, including distributing, transmitting, posting, receiving, using, storing or otherwise providing any product or service that violates this AUP or another provider’s AUP. Should Customer access another provider or network using the VoiceLogix Products and Services, such Customer must comply with the provider or network’s rules and policies. Customer agrees to indemnify, defend and hold VoiceLogix 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.
Removing or Blocking Communications
VoiceLogix may remove or block communications including calls to certain countries determined solely by VoiceLogix if VoiceLogix suspects a violation of this AUP, or if VoiceLogix deems it necessary in order to protect VoiceLogix Products and Services, VoiceLogix’s network, employees, customers or third parties from harm, fraud, and/or if required by Applicable Law. VoiceLogix may take such action without advanced notice if required to protect VoiceLogix and other VoiceLogix customers in VoiceLogix’s sole discretion. Any permitted removal of blocks to certain countries requires a written waiver of liability by Customer.
Customers shall not use VoiceLogix Products and Services to distribute, record, transmit, post, receive, use or store material that is inappropriate, as reasonably determined by VoiceLogix, or material that is obscene (including child pornography), defamatory, libelous, threatening, abusive, hateful or excessively violent.
Customers shall not use VoiceLogix Products and Services to distribute, record, transmit, post, receive, use or store material that may be harmful to, or interfere with, VoiceLogix Products and Services or any third party’s systems, networks, web sites or services. Such prohibited content includes, but is not limited to worms, viruses, or Trojan horses.
Fraudulent or Misleading Content
Customers shall not use VoiceLogix Products and Services to distribute, record, transmit, post, receive, use or store material containing fraudulent offers for products or services, or any advertising or promotional materials that contain deceptive, false or misleading statements, representations or claims. Customers are prohibited from submitting any false or inaccurate data on any order form, contract or online application, including the fraudulent use of credit cards.
Unsolicited Messages (Email & Text Messages)
Customers shall not use VoiceLogix Products and Services to transmit unsolicited email or text messages including, without limitation, unsolicited bulk email or text messages, where such emails or texts could reasonably be expected to provoke complaints (“spam”). Customers are prohibited from using the services of another provider to distribute spam or to promote a site hosted on or connected to VoiceLogix Products and Services. Customers shall not use VoiceLogix Products and Services to:
- send messages that are excessive or intended to harass others;
- continue to send messages to a recipient that has indicated that recipient does not wish to receive them;
- send messages with forged TCP/IP packet header information;
- send malicious messages, including “mail bombing”; or
- end or receive messages in a manner that violates the policies of any other provider.
Material accessible through VoiceLogix Products and Services may be subject to protection under publicity, privacy or other personal and intellectual property rights. Such rights include, but are not limited to, copyrights, patents, trade secrets, trademarks or other proprietary information. Customers shall not use VoiceLogix Products and Services in any manner that would breach, dilute, misappropriate or otherwise violate any such rights. Customers must not use a domain name in connection with any VoiceLogix Products and Services, and must not use that domain name in violation of the trademark, service mark or other rights of any third party.
Third Party Rules
Customers may have access through VoiceLogix Products and Services to search engines, chat rooms, bulletin boards, Web pages and services or other services that publish rules, guidelines or agreements to govern their use. Customers must adhere to any such rules, guidelines or agreements.
Customers shall not use VoiceLogix Products and Services to conduct activities that may be harmful to, or interfere with, VoiceLogix Products and Services or any third party’s networks, systems, services, or Web sites, and shall not reverse engineer any VoiceLogix Products or Services. This includes, but is not limited to, mail bombing, flooding or denial of service attacks. Customers are prohibited from violating or attempting to violate the security of VoiceLogix Products and Services, or the computers, accounts, or networks of another party. Customers are prohibited from any activity considered a precursor to attempted security violations, including any form of probing, scanning or other testing of information gathering activity. Inappropriate activity may result in civil or criminal liability. VoiceLogix will investigate such activity, and may involve and cooperate with law enforcement authorities in prosecuting Customers involved in such activity.
Responsibility for Content
VoiceLogix assumes no responsibility for any material created, submitted, or accessible on or through VoiceLogix Products and Services. VoiceLogix is not obligated to monitor or exercise any editorial control over such material but reserves the right to do so. Should VoiceLogix become aware that any such material may violate this AUP or expose VoiceLogix to civil or criminal liability, VoiceLogix reserves the right to block access to such material and suspend or terminate any User creating, recording, storing or disseminating such material. VoiceLogix further reserves the right to cooperate with legal authorities and third parties in the investigation of alleged wrongdoing, including disclosing the identity of the User that VoiceLogix deems responsible for the wrongdoing.
Fair and Reasonable Use
VoiceLogix desires that Customers understand the intended and permissible uses of VoiceLogix Products and Services, and further desires to prevent fraud, exploitation and abuse of certain VoiceLogix calling plans and features. VoiceLogix’s business service plans and features are for normal, reasonable business use and consistent with the types and levels of usage by typical customers on the same business calling plan. “Typical” refers to the calling patterns of at least 95% of VoiceLogix’s business customers on the same business calling plan. Certain calling and messaging plans, including unlimited calling and messaging plans, are designed for normal commercial use and are not intended to represent typical usage by unique organizations such as call centers or resellers (unless permitted by VoiceLogix), 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 other VoiceLogix customers may cause extreme network capacity and congestion issues and interfere with VoiceLogix’s network and the third-party networks with which VoiceLogix connects for call initiation and completion services. Any use of the VoiceLogix Products and Services or any other action that causes a disruption in the network integrity of VoiceLogix Products and Services or its vendors, whether directly or indirectly, is strictly prohibited and may result in suspension or termination of the Services.
a. Evaluation of Usage. The following is a non-exhaustive list of impermissible uses under VoiceLogix’s calling plans and is considered outside of normal use, whether obtained directly from VoiceLogix, an authorized reseller, or from a co-branded VoiceLogix partner:
- Resale to others (unless approved by VoiceLogix);
- Without live dialog, including use as a monitor or for transcription purposes;
- Iterative dialing; Fax broadcast or Fax blasting; Telemarketing uses not pre-approved by VoiceLogix in writing, further subject to compliance with Applicable Laws; and Call or contact center uses not used in conjunction with VoiceLogix pre-approved contact center systems or software platforms, or not otherwise pre-approved by VoiceLogix in writing.
b. Review of Usage. VoiceLogix reserves the right to review usage of the Service(s) to ensure that Customers are not abusing or excessively using VoiceLogix Products and Services, and VoiceLogix may suspend or terminate service pursuant to this AUP and the Service Terms if it determines, in its sole discretion, Customer is abusing the VoiceLogix Products and Services. As a guide, in combination with other factors as described herein, Customer may be considered to be in violation of this AUP when any of the following occur:
- Aggregate outbound domestic long-distance calling exceeding 2,500 minutes per Unlimited Extension or Premier seat per month pooled across all customer Unlimited Extension or Premier seat lines;
- Non-Bundled Toll-Free Number (TFN)s: aggregate inbound domestic toll-free calling exceeding 500 minutes per Unlimited Extension toll free number or Premier seat toll free number per month pooled across all customer toll free number lines
- Bundled TFN: the monthly TFN minutes and charge for the bundled TFN service is determined based upon the bundle package purchased by Customer. If Customer’s usage exceeds the bundled minute allotment, Customer will be charged a $0.037 USD/minute overage charge;
- Facsimile pages exceeding 500 pages pooled across all customer facsimile lines per month (excluding Personal Fax); or
- Personal facsimile pages exceeding 500 pages per personal fax line per month (assigned to a single extension)
c. Excessive Usage; Charges. If Customer’s usage is excessive or abusive based on the above, VoiceLogix reserves the right to charge, and Customer agrees to pay, a per minute fee as follows:
- Outbound domestic long-distance calling – $0.03 USD per minute
- Facsimile pages – up to $.06 USD per facsimile page
- Bundled TFN – $0.037 USD/minute
d. Call Recording Storage. All client domains include 30 day storage of all recorded calls. Any Client wanting to exceed this timeframe for storage must due so under their own means. VoiceLogix will advise client on options available and setup, but once setup is complete client will be responsible for maintaining 3rd party system and VoiceLogix can not be held responsible for any issue that arise from usage of 3rd party platform.
VoiceLogix will afford Customer the opportunity to correct abnormal usage patterns, but if Customer fails to immediately conform to normal use after VoiceLogix’s notice, VoiceLogix reserves the right to charge the above-reference usage amount(s), and VoiceLogix may exercise its right to transfer Customer’s service to a more appropriate calling plan, charge applicable rates for that plan, implement other limitations, or suspend or terminate the relevant VoiceLogix Products and Service(s) pursuant to this AUP and the Service Terms.