1. Prohibited High-Risk Use: You acknowledge that the services provided under this plan are not designed, produced, intended, or advised for utilization in high-risk, fail-safe activities, or environments where malfunctions, errors, unavailability, or interruptions may lead to considerable liability, damages, physical harm, personal injury, death, dismemberment, or damage to property or the environment. You assure and guarantee that you and your end-users will refrain from using the
plan services for any such purposes, activities, or in any such environments.
2. Compliance with Laws: You assert and guarantee that your use of the plan services, accounts, and the services associated with the plan will always adhere to all relevant laws, including, but not limited to, Federal Communications Commission (“FCC”) rules, policies, and regulations, as well as laws related to Do-Not-Call provisions, unsolicited marketing, telemarketing, faxing, email marketing, spamming, phishing, data security, privacy, international communication, account or debt collection, call or conversation recording, export controls, technical or personal data exports, 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, and securities.
3. Fair Business Use: ULTATEL service plans and features are intended for regular business usage. Normal and reasonable use of ULTATEL business plans must adhere to this Acceptable Use Policy, our Terms of Service, and be consistent with the usage patterns and levels of typical customers on the same plan. ULTATEL assesses customer usage in comparison to the standard levels of acceptable usage by legitimate customers.
More than 95% of ULTATEL’s unlimited calling plan customers use under
2,500 minutes and 500 SMS messages per month per user, without exhibiting unusual usage patterns, such as calling a high number of unique numbers, sending SMS messages to numerous unique numbers, excessive call forwarding/transferring, international usage, or other highrisk behaviors. A customer’s total usage may be considered outside of normal use if it exceeds 2,500 minutes or 500 SMS messages per month per user or displays other unconventional usage patterns, as this could adversely affect other customers’ service experience or hinder our operations.
If we determine that your usage is abnormal or impermissible, we will make commercially reasonable efforts to inform you and may offer you the chance to rectify the improper usage. If we provide you with an opportunity to correct your abnormal usage patterns and you fail to immediately adjust to normal use, we reserve the right to transfer your service to a more suitable plan, apply the relevant rates for that plan, impose additional limitations, or suspend or terminate your service with or without prior notice.
4. Compliance with Anti-Spam Regulations and TCPA: Various communication practices, including but not limited to unsolicited calls, commercial messages, unsolicited fax, internet fax, SMS, or other messages, and the use of certain automated telephone equipment for specific calls, are 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 numerous similar state, municipal, or local laws, regulations, codes, ordinances, and rules.
You agree, represent, and warrant that:
a. You are responsible for creating the content of, and determining the destination(s) and recipient(s) of, all outbound communications made using your Plan Services (“Customer Communication”).
b. All content, communications, files, information, data, and other materials provided for transmission through your Plan, Account, or Plan Services will be used solely for lawful purposes, and under no circumstances shall any Customer Communication or its content violate the TCPA, Junk Fax Prevention Act, or any other law.
c. No unsolicited advertisements, commercial messages, solicitations, marketing or promotional materials, or commercial messages or content will be transmitted or distributed in the form of facsimiles or internet facsimiles via the Plan Services.
d. No unsolicited advertisements, commercial messages, solicitations, marketing or promotional materials, or commercial messages or content will be transmitted or distributed in the form of facsimiles or internet
facsimiles via the Plan Services.
At ULTATEL’s sole discretion and without further notice, ULTATEL may employ technologies and procedures, including but not limited to filters, that may block or terminate unsolicited advertisements without delivering them. You agree to indemnify and hold harmless ULTATEL and any thirdparty provider(s) from any and all third-party claims, losses, damages, fines, or penalties arising from: (i) your violation or alleged violation of the TCPA, Junk Fax Prevention Act, or any similar regulation or legislation; or
(ii) any voicemail, text, and/or fax spam, solicitations, or commercial messages that you may send and/or receive using the Plan Services.
5. Recording Calls or Conversations: Some features of the Plan Services may enable you or users of the Plan Services to record calls or other communications. Notification and consent requirements related to recording calls or other communications may differ across states and countries. It is advised to consult with an attorney before recording any calls, as some states or countries may require callers or users to obtain prior consent from all parties involved in a recorded call or communication. You represent, promise, and warrant that you will review all applicable laws before using or allowing the use of the Plan Services to record any calls or communications, and you will comply with all such laws at all times. You agree to inform all users of your Account that they must comply with all laws related to their use of the call recording feature. Violations of call recording laws may result in criminal or civil penalties. ULTATEL explicitly disclaims any liability concerning 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 from your violation or alleged violation of any call recording laws. ULTATEL expressly disclaims all liability and warranties regarding the recording of conversations and/or calls.
6. Restricted Use of Plan Services: Neither you nor any user of your Plan Services may use or permit the use of your Plan Services in any of the following manners:
a. In any way or for any purpose that is fraudulent, malicious, deceptive, dishonest, abusive, obscene, threatening, harassing, tortious, improper, defamatory, libelous, slanderous, or in violation of any law.
b. Intentionally sending or transmitting unsolicited, “junk,” or “spam” advertisements, communications, or messages (commercial or otherwise) without consent, including but not limited to email, voicemail, SMS, facsimile, or internet facsimile.
c. Harvesting or collecting information about others, including but not limited to email addresses or personally identifiable information, without their consent.
d. Intentionally engaging in blasting or broadcasting bulk communications, advertisements, or messages (e.g., sending hundreds of messages simultaneously), including but not limited to email, voicemail, SMS,
facsimile, or internet facsimile.
e. Performing 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) in violation of applicable law.
f. Transmitting any communication that would violate any applicable law, including but not limited to the Telephone Consumer Protection Act, the Junk Fax Prevention Act of 2005, the rules governing the Do Not Call Registry, Canadian Unsolicited Telecommunications Rules.
g. Intentionally transmitting or storing any material containing viruses, time bombs, Trojan horses, worms, malware, spyware, or any other harmful or dangerous programs or materials.
h. Transmitting misleading or inaccurate caller ID information with the intent to defraud, cause harm, or wrongfully obtain anything of value, including creating a false caller ID identity or forged email/SMS address or header or otherwise attempting to mislead others as to the sender’s identity or the origin of any outbound Customer Communication.
i. Infringing, misappropriating, or otherwise violating the foreign or domestic intellectual property rights or proprietary rights of any party, including but not limited to transmitting or storing any material that might infringe, misappropriate, or otherwise violate any such rights.
j. Violating the right to privacy, personality, or publicity of any party, including but not limited to transmitting or storing any material that might violate any such rights.
k. Violating any law regarding the transmission of technical data, information, or software through the Plan Services.
l. Interfering with ULTATEL’s ability to provide high-quality products or services to other customers.
m. Storing protected health information (PHI); or if you qualify as a “covered entity,” “business associate,” or “subcontractor” under the Health Insurance Portability and Accountability Act (HIPAA) (or similar terms under similar legislation in other jurisdictions) or are otherwise subject to HIPAA, transmitting, receiving, or storing PHI without the ULTATEL HIPAA Conduit setting being active and in effect.
A violation of the obligations in this section constitutes a material breach of these Terms of Service or your commercial service Agreement, as applicable, allowing ULTATEL to suspend service, terminate the Agreement immediately, or take any other action ULTATEL deems necessary to enforce the terms of this section.
7. Forbidden Actions: You represent, warrant, agree, and promise that neither you nor any end user shall engage in any of the following activities during the term:
a. Transmit, upload, distribute, or store any corrupted files or materials containing viruses, time bombs, Trojan horses, worms, malware, spyware, or any other harmful or dangerous programs or materials that may damage the operation of the Plan Services or another party’s computers, devices, equipment, systems, or networks.
b. Exploit, bypass, or otherwise avoid your obligations or the provisions, restrictions, and prohibitions set forth in Section 6 (or attempt to do so).
c. Interfere with or disrupt networks or systems connected to the Plan Services.
d. Sell, resell, distribute, lease, export, import, or otherwise grant or claim to grant rights to third parties regarding the Plan Services or any software or hardware used in conjunction with the Plan Services or any part thereof without ULTATEL’s prior written consent.
e. Display or use any ULTATEL Mark in a manner that violates ULTATEL’s current policies on trademark and logo usage or without ULTATEL’s express, prior written permission, granted or denied at ULTATEL’s sole discretion.
f. Display or use any third-party mark without the prior, written consent of the third party owning the mark.
g. Undertake, direct, attempt, cause, permit, or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling, or hacking of the Plan Services or any software and hardware used in conjunction with the Plan Services, or any part thereof.
h. Defeat, disable, or circumvent any protection mechanism related to the Plan Services.
i. Intercept, capture, sniff, monitor, modify, emulate, decrypt, or redirect any communication or data used by ULTATEL for any purpose, including but not limited to causing any product to connect to any unauthorized
computer server or other device or in any manner not authorized in advance in writing by ULTATEL.
j. Allow any service provider or other third party, with the sole exception of ULTATEL’s authorized maintenance providers acting with ULTATEL’s express, prior authorization, to use or execute any software commands
that facilitate the maintenance or repair of any software or hardware used
in conjunction with the Plan Services.
k. Gain unauthorized access to or use (or attempt to gain access or use) any device, system, network, account, or plan (including but not limited to password mining).
l. Engage in or allow trunking or forwarding of your ULTATEL telephone or facsimile number to other numbers capable of handling multiple simultaneous calls, or to a private branch exchange (PBX) or key system.
m. A violation of the obligations in this section constitutes a material breach of these Terms of Service or your Commercial service Agreement, as applicable, allowing ULTATEL to suspend service, terminate the Agreement immediately, or take any other action ULTATEL deems necessary to enforce the terms of this section.
Last updated and reviewed on November 1st , 2022.