IPComms Reasonable Use Policy (RUP)

 

IPComms Services and Plans are provisioned under the following conditions:

• The Customer must select IPComms (the “Company”) as the service provider for toll services for each Business access line subscribed to under this Plan.
• The Customer may subscribe up to a maximum of Unlimited Calling lines as specified plan descriptions .  All lines in a common hunt group must be provisioned with the Plan.
• The Plan’s Monthly Recurring Charge (MRC) will be billed in advance.
• The unlimited intrastate and interstate outbound minutes included in the Plan (1) shall apply exclusively to direct-dialed calls made from the line subject to this Plan, (2) have no cash value for refund purposes, (3) are not transferable or assignable, (4) shall not be applied to calls outside the United States and its territories, and (5) shall not apply toward operator-assisted, collect calls, toll free (inbound) calls, calls billed to a third party or credit cards, or calls to directory assistance.
• The Company may monitor the Customer’s toll usage subject to the Plan. If the Customer uses the minutes under this Plan for calling card services, outbound telemarketing, call centers or non-voice services, including but not limited to, data services or any other service listed below, the Customer will be presumed to be in violation of the usage restrictions of this Plan. It shall be the responsibility of the Customer to demonstrate to the Company that the usage is not in violation of the usage restrictions specified herein. 

Rates and Charges
Please refer to your local state tariffs for pricing information.  Term discounts may apply.

Prohibited use
In general, customer's may not use the IPComms network, application or services in any manner which:

• violates any applicable law, regulation, treaty or tariff;
• violates the acceptable use policies of any networks, application, machines or services which are accessed through IPComms s network;
• infringes on the intellectual property rights of IPComms or others;
• violates the privacy of others; or
• involves deceptive online marketing practices.

Solely as guidance to the customer, prohibited activities include, but are not limited to, the following:

• attempting to interfere with or denying service to any user or host (e.g., denial of service attacks);
• attempting to use or gain unauthorized access to data, accounts, hosts, servers, systems or networks of this site, or to probe, scan or test the vulnerability of a system or network of this site, any IPComms services or those of any other party;
• falsifying header information, user identification or user information;
• introduction of malicious programs into the network (e.g., viruses, worms, Trojan horses, etc.)
• monitoring or scanning the networks of others without permission (e.g port scan)
• attempted or successful security breaches or disruption of Internet communication, including without limitation accessing data, machines or networks of which the customer is not an intended recipient or user or logging into a server or account that the customer is not expressly authorized to access (e.g. hacking or cracking);
• executing any form of network monitoring (e.g., packet sniffer) which will intercept data not intended for the customer;
• using any program/script/command, or sending messages of any kind, designed to interfere with a third party customer terminal session, via any means, locally or via the Internet;
• sending unsolicited commercial spam through the IPComms network;
• transmitting or receiving copyright infringing material, including but not limited to copyrighted music, video, software, books, programs or other published material;
• transmitting or receiving obscene, indecent, offensive, racist, defamatory, unreasonably violent, threatening, intimidating or harassing material;
• auto-dialing or predictive-dialing (sometimes referred to as "robo-dialing") or any type of automatic outbound dialing or predictive calling/dialing system
• other activities, whether lawful or unlawful, that IPComms or any of its third party providers or peering partners determines to be harmful to its customers, subscribers, operations or reputation, including any activities that restrict or inhibit any other user from using and enjoying the service.
• calling card services or any type of toll-bypass
• engaging in any of the foregoing activities by using the services of another provider or third party and channeling such activities through an account provided by IPComms, or otherwise involving the services or any ipcomms.net account.

Consequences of a prohibited use
Any violation of any of the policies described below grants IPComms the authority to take action to restrict or terminate customer's access to the services.

Notwithstanding anything herein to the contrary, a violation of this RUP by a customer or a customer's own user or customer are considered as a violation of this RUP by IPComms's customer. IPComms may take immediate action, without regard to any cure periods in the Agreement, in response to such violation, including, but not limited to, termination of the Agreement.

Moreover, customers who violate this RUP may incur criminal or civil liability. IPComms may refer violators to civil or criminal authorities for prosecution, and, if needed for the related investigation, will fully cooperate with the relevant government authorities. In case IPComms is required by court orders, statutes, regulations or governmental requests to disclose information transmitted through its facilities, IPComms will duly and entirely cooperate. Respecting all laws applicable (especially privacy law), IPComms may disclose information transmitted over its facilities where necessary to protect IPComms and its customers from harm, or where such disclosure is necessary to the proper operation of the system.

In case of prohibited activities by the customer or the customer's own user or own customer, IPComms reserves the right to charge the customer to cover administrative costs related to these activities including, but not limited to, recovery of the costs of identifying offenders and restricting or terminating the access to the services.

IPComms 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 IPComms's exercise of its rights under these RUP.

Unlimited Plans

Some of IPComms' plans are offered as "unlimited" calling. All unlimited plans:

• May only be used for normal business use.
• Are provided only for live dialog between two individuals.
• Exclude international calling, which is available for an additional fee.

IPComms may determine (at our sole discretion) that a customer's aggregate usage is abnormal if there are excessive:

• • usage
  • unique numbers called
  • call lengths
  • call forwarding/transferring
  • conference calling
  • short duration calls
  • number of calls made during a month
  • number of calls made to a conference calling service during a month
  • number of calls made during business hours
  • number of calls terminated and re-initiated consecutively, which, in the aggregate, result in excessive call lengths during a specific time frame; or
  • other abnormal calling patterns indicative of an attempt to evade enforcement of this Reasonable Use Policy

If a combination of these factors occurs or IPComms determins that a customer's usage is detrimental to other customers’ ability to use IPComms' services or adversely affects IPComms' operations, IPComms may determine that abnormal, unreasonable or usage that is not allowed is occurring, and may take action, including, but not limited to, immediate suspension of your IPComms service. In addition, if we determine that you are engaging in usage that is not allowed or may hurt or damage other customers’ ability to use the service, we will use commercially reasonable efforts to contact you so that you may correct the way you are using the service.

If you do not correct the way you are using the service, we may suspend or terminate your service with or without further notice. You may not use our service or devices in any way that is illegal, fraudulent, improper or inappropriate. You may not use any automated means to manipulate our service or use our service to violate any law, rule, regulation or any third party's intellectual property or personal rights. We may forward the relevant communication and other information to the appropriate authorities for investigation and prosecution if you are using, or have used our service in a manner we believe to be illegal, fraudulent, improper or inappropriate.

IPComms' right of modification
IPComms reserves the right to modify the Reasonable Use Policy at any time and at any frequency. Such modification will enter into force upon posting at www.ipcomms.net

Nevertheless, customers are recommended to monitor this web site http://www.yourhostedpbx.com/ipcomms/services/terms-of-use for changes. The use of a IPComms service after posting modifications to or an update of the RUP on IPComms' website will constitute the customer's acceptance of any new or additional terms of the RUP that result from those modifications.

We reserve all of our legal rights.