Effective January 1, 2021
1. Use Policy
All IP Consulting, Inc’s (Provider) Services are subject to this Use Policy. All customers that have an agreement with IP Consulting, Inc, this Use Policy is incorporated and made part of such agreement with IP Consulting, Inc. IP Consulting, Inc may update the Use Policy at any time without notice to Customer. Violation of any part of this Use Policy may result in immediate termination of all IP Consulting, Inc. Services (including, without limitation, prior to the end of any Service Term), and charges to the customer of reasonable fees outlined in this policy. Customer will under no circumstances utilize the services in a manner that may harm, or damage IP Consulting, Inc’s network(s), equipment, and/or premises; any third-party network(s), equipment, and/or premises; or any other IP Consulting, Inc’s Customers. IP Consulting, Inc. services covered under this Use Policy include but not limited to any device, system, network, or account in connection with IP Consulting, Inc’s network, or partners. Agreement means to have an accepted or signed quote and/or a Professional Services Agreement with IP Consulting, Inc
2. Acceptable Use and Fair Use
A. Fair Use Guidelines
Any unusually high usage of services attributed by the Customer may indicate violation of “Fair Use” outlined in this Use Policy. IP Consulting, Inc. reserves the right to evaluate the usage of the customer services at any time and adjust the customer to a reasonable and appropriate plan without notice to the customer. The customer is responsible for any and all additional charges that may occur.
Unlimited Services are subject to all parts of this Use Policy including but not limited to Reasonable Usage limitations and Additional Charges. IP Consulting, Inc. reserves the right to periodically review usage levels of any unlimited service plans, including, but not limited to, minutes, data, messages, and API calls (“Unlimited Plan(s)”), to ensure that you are not using such service in violation of this Use Policy and if such an abuse or violation is discovered to terminate or adjust the plan as appropriate. You agree to use the Unlimited Plan for services of a quantity or duration comparable to that of the average customer presently utilizing IP Consulting, Inc’s services and will not employ methods, devices or procedures to take advantage of unlimited plans by using the services excessively or for means not intended by IP Consulting, Inc. Excessive use is deﬁned by IP Consulting, Inc as use that substantially exceeds the average volume or duration of calls, data or messages used by all other IP Consulting, Inc Unlimited Plan customers using the same service, or attempting to originate or terminate multiple concurrent phone calls, faxes, or messages through any single line of service. Also defined as over 1500 minutes per trunk/talk paths, per month. The following types of services are speciﬁcally prohibited and may not be accessed through IP Consulting, Inc’s unlimited voice service plan: conference calling, monitoring services, data transmissions, transmission of broadcasts or transmission of recorded material. IP Consulting, Inc may terminate your service or change your service plan if, in its sole discretion, IP Consulting, Inc determines that your use of the Unlimited Plan violates this prohibition or is otherwise “unreasonable” or results in abuse of the Unlimited Plan.
SHORT DURATION CALLS: IP Consulting, Inc reserves the right to charge all short duration calls (calls under 10 seconds in length) a ten-cent (10¢) per call assessment if IP Consulting, Inc determines, in its sole discretion, that you have an excessive volume (more than 10% of your total calls in any given month) of calls that consist of such short duration calls. You agree that calls, as deﬁned herein for billing purposes, shall include all call trafﬁc when accepted by IP Consulting, Inc, or its underlying carriers for termination whether such calls are terminated or not for any reason (“incomplete calls”). IP Consulting, Inc will bill you for all calls completed to IP Consulting, Inc’s facility or equipment or that of IP Consulting, Inc’s underlying carriers regardless if the call is completed to the called party. Accordingly, you understand your obligations in regard to incomplete calls and agree that IP Consulting, Inc shall incur no liability as a result of or, in relation to, said incomplete call.
B. Acceptable Use Guidelines
Customer agrees to the terms and conditions listed for any communication services including but not limited to Unlimited Services:
We consider your use of our Service to be “unreasonable” and therefore subject to immediate termination if you:
We consider your use of our Service to be “abusive” and subject to immediate termination or adjustment if you utilize:
3. Illegal Activity
Customer understands and agrees to only use IP Consulting, Inc’s services in a lawful manner, and will not utilize the services in an illegal, improper or abusive purpose. If IP Consulting, Inc is notified of any illegal activity IP Consulting, Inc reserves the right to monitor, tap, trace or otherwise disclose the nature and content of Customer’s services to any applicable law enforcement agency without notice to the Customer. Illegal Activity includes but not limited to the following,
A. Automated Calling Prohibition
Unless Customer purchases the short duration calling Service from Provider, Customer agrees that all calls it originates through the Services shall be initiated by a human user and conducted by that human user. Unless otherwise agreed upon in writing, Customer agrees that it shall not use the Services to initiate any automated communication. Customer shall ensure that any and all automatic Calling shall be at all times conducting in compliance with federal, state and local, laws regulations and rules.
B. General Prohibitions
Customer is expressly prohibited from using the Service(s) in a manner that would, in any way, constitute or encourage conduct that is improper, including uses that are criminal in nature, that may give rise to a civil liability, or that otherwise violates any applicable laws or regulations. Examples of such improper uses include, without limitation, attempts at phishing or otherwise improperly attempting to gain access to financial information and making calls to numbers included in a government Do Not Call List. In addition, Customer is expressly prohibited from using the Service(s): (i) for any abusive or fraudulent purpose; (ii) in a manner that enables Customer to avoid any obligation to pay for the Service(s); (ii) in a manner that is deemed to interfere with, disrupt, or present a risk to the Service(s), Network, software, property, or security of Provider, its customers, its Third Party Vendors or other third parties, whether directly or indirectly; (iv) in a manner that results in usage inconsistent with Provider’s expectations or the purpose for which Provider is providing the Service(s); (v in a manner that may violate these Terms of Service, or the policies of Provider. Customer shall provide, at its cost, all reasonably necessary security equipment, software, facilities and other apparatuses to ensure that the Service(s) are not used in a fraudulent or unauthorized manner, whether by Customer and any third party); and/or (vi) in a manner which violates the FTC’s Telemarketing Sales Rule (“TSR”), 16 C.F.R. Part 310, which prohibits, among other conduct, the following: (a) making a false or misleading statement to induce any person to pay for goods or services or to induce a charitable contribution; (b) misrepresenting a seller or telemarketer’s affiliation with any government agency; (c) transmitting false or deceptive caller ID numbers; or (d) initiating or causing the initiation of calls that deliver prerecorded messages, unless the person called provided express written permission to call.
If Provider determines, in its sole discretion, that Customer is or any of its customers are using the Service(s) in a manner that violates or is contrary to this Section then Provider, as well as any effected Third-Party Vendors, shall have the right, without liability, to block, suspend or terminate the Service(s), or any part thereof, without notice. Customer shall be responsible for any liabilities and obligations arising from Customer’s use of the Service(s) that is contrary to, or violates this Section. Customer agrees to indemnify and hold Provider, the Third-Party Vendors, and the parent companies, sister companies, employees, directors, officers, and shareholders of the same, harmless from and against any and all claims, liabilities, losses, judgments, damages and expenses, including without limitation attorneys’ fees and costs of litigation, incurred or suffered by such party relating to or arising out of Customer’s violation of this Section. If Provider, in its sole discretion, believes that Customer’s actions or omissions may be considered criminal in nature, Provider may forward personally identifiable information to the appropriate authorities for investigation and prosecution. Customer hereby consents to such forwarding.
D. Suspicious Activity Service Termination
In addition to and not to limit any other rights of Provider, Provider has right to suspend or terminate Service if Provider, in its sole discretion, believes that any activity on the Customer account is or could be suspicious in nature.
E. Use of Service outside the United States
Customer shall be liable for any and all use of the Service and/or Equipment by any person outside of the United States. Transport or sale of the Device outside of the United States may result in a violation of U.S. or foreign technology import/export laws or rules; compliance with which is Customer’s sole responsibility, and you agree to indemnify and hold Provider harmless from any and all liability associated with claims arising therewith. Customer agrees to indemnify and hold Provider, the Third-Party Vendors, and the parent companies, sister companies, employees, directors, officers and shareholders of the same, harmless from and against any and all claims, liabilities, losses, judgments, damages and expenses, including without limitation attorneys’ fees and costs of litigation, incurred or suffered by such party relating to or arising out of the aforementioned.
4.Theft of Service
Customer may not allow usage of any IP Consulting, Inc’s services to anyone else other than the Customer, or its listed affiliates that obtained the services with IP Consulting, Inc. Customer understands that IP Consulting, Inc will If at any time any IP Consulting, Inc’s services utilized by the customer is believed to be stolen, fraudulently used, or used in an unauthorized manner the customer must notify IP Consulting, Inc. Notifying IP Consulting, Inc for any such event must be done so in writing within 24 hours of the event occurring with a detailed description of the event and the circumstances of the theft, fraudulent usage, or unauthorized usage of Services. If the customer fails to comply with notifying IP Consulting, Inc of such event may result in the immediate termination of services and/or additional charges to the customer. Customer will remain liable and responsible for all use of IP Consulting, Inc Services through the date the notice is received by IP Consulting, Inc.
5. Not for Resale
Customer is prohibited from selling IP Consulting, Inc services or provide a service to anyone else using IP Consulting, Inc’s features or services unless otherwise given written consent to do so.
6. No Alterations or Tampering
Customer understands and agrees that any alterations, not completed by IP Consulting, Inc employees or affiliates to any device or services that in any way facilitates a compromise to IP Consulting, Inc’s network, services, or Customers is deemed tampering and Customer is responsible for any charges that result. Customer is prohibited from any use of Services that is inconsistent with its intended purpose including but not limited to hacking, or any activity that may disrupt IP Consulting, Inc’s network, or services to its customers.