2. Customer Legal Compliance. You represent and warrant that all use and usage of Your Plan Services, the Account(s), and the Plan Services will at all times comply with all applicable Laws, including but not limited to the rules, policies and regulation of the Federal Communications Commission (“FCC”), and all Laws relating to Do-Not-Call provisions; unsolicited marketing; telemarketing; faxing; telemarketing; email marketing; spamming or phishing; data security or privacy; international communications; account or debt collection; recording of calls or conversations; export control; export of technical or personal data; end user, end-use, and destination restrictions imposed by the United States or foreign governments; consumer protection; pornography; trade practices; false advertising; unfair competition; anti-discrimination; harassment; defamation; intellectual property; or securities.
3. Reasonable Business Use. ULTATEL service plans and features are for normal business use. Normal, reasonable use on ULTATEL business plans must be in accordance with this Acceptable Use Policy, our Terms of Service, and consistent with typical customers’ types and levels of usage on the same plan. ULATATEL evaluates customer usage in comparison to typical levels of permissible usage engaged in by legitimate customers.
Over 95% of ULTATEL unlimited calling plan customers use less than 2,500 minutes per month per user and do not have any unusual usage patterns in terms of unique numbers called, high call forwarding/transferring usage, international usage and other high-risk patterns. A customer’s aggregate usage may be considered outside of normal use if it exceeds 2,500 minutes per month per user or has other unusual usage patterns as it may be detrimental to other customers’ ability to use the service or adversely affects our operations.
If we determine that you are engaging in abnormal or impermissible usage, we will use commercially reasonable efforts to inform you and may provide you with the opportunity to correct the improper usage. If we afford you the opportunity to correct your abnormal usage patterns and you fail to immediately conform to normal use, we may exercise our right to transfer your service to a more appropriate plan, charge applicable rates for that plan, implement other limitations, or suspend or terminate your service with or without notice.
4. Unsolicited Advertisements and TCPA Compliance. Certain communication practices – including without limitation, the placing of unsolicited calls; the placing of commercial messages; the sending of unsolicited facsimile, internet facsimile, SMS, or other messages; and the use of certain automated telephone equipment to place certain calls – is regulated in the United States by the Federal Telephone Consumer Protection Act of 1991 (also known as the “TCPA,” available at https://www.fcc.gov/document/telephone-consumer-protection-act-1991 ), the Junk Fax Prevention Act of 2005, and under a number of similar state, municipal or local laws, regulations, codes, ordinances and rules.
You agree, represent and warrant that:
5. Recording Conversations or Calls. Certain features of the Plan Services may allow You or users of the Plan Services to record calls or other communications. The notification and consent requirements relating to the recording of calls, and/or other communications may vary from state to state, and country to country. You should consult with an attorney prior to recording any call as some states or countries may require callers or users to obtain the prior consent of all parties to a recorded call, or other communication before the caller or User may record the call, or other communication. You represent, covenant, and warrant that You will review all applicable Laws before You use or allow use of the Plan Services to record any calls or other communications and will at all times comply with all applicable Laws. You agree to inform all users of Your Account that they are obligated to comply with all Laws relating to their use of the call recording feature.Violations of the call recording Laws may be subject to criminal or civil penalties. ULTATEL expressly disclaims all liability with respect to Your recording of telephone conversations. You agree to indemnify and hold harmless ULTATEL, and any third-party provider(s) from any and all third party claims, losses, damages, fines, or penalties arising out of Your violation or alleged violation of any call recording Laws. ULTATEL expressly disclaims all liability and all warranties with respect to recording of conversations and/or calls.
6. Prohibited Use of the Plan Services. Neither You nor any User of Your Plan Services may use or allow use of Your Plan Services in any of the following ways:
7. Prohibited Acts. You represent, warrant, covenant, and agree that neither You nor any End User shall do any of the following during the Term:
Last updated and Reviewed on January 1, 2022.
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