Last Update: December, 15 2012.
Companies, businesses, partnerships, individuals, associations, or groups
(“Customer(s)” or “you” or “your” herein) who have signed and submitted a
Americloud/SkyTalk Plus Service Activation Order are committed to observing and
complying with the Americloud/SkyTalk Plus Terms of Service Agreement and this
Acceptable Use Policy for Voice Services (“AUP”) referenced therein. The
Acceptable Use Policy for Voice Services pertains to the appropriate and legal
use of all Americloud/SkyTalk Plus (also “Americloud/SkyTalk Plus, LLC” or
“Provider” or “we” or “us” or “our” herein) VOIP Services (“Service(s)”)
and the telephones, fax machines, equipment, or devices (“Device(s)”) accessing
and using Americloud/SkyTalk Plus, LLC VOIP Services for communications
purposes.
1. Lawful purposes only.
You may use our Service and your Device only for lawful, proper
and appropriate purposes. You may not use our Service or your Device in any way
that is illegal, improper or inappropriate. A non-exhaustive list of examples
of illegal, improper or inappropriate uses of our Service and/or Devices
includes:
1.1. Interfering
with our ability to provide Service to you or other customers, or avoiding your
obligation to pay for the Service within the time frame designated for payment.
1.2. Use of
the Service to threaten, abuse, harass, defame, deceive, defraud, interfere or
invade another’s privacy or engage in any similar behavior.
1.3. Use our
Service or your Device to: impersonate another person; send bulk unsolicited
messages; use robots, data mining techniques, or other automated Devices or
programs to catalog, download, store, or otherwise reproduce or distribute
information from our Service or use any automated means to manipulate our
Service.
1.4. Violate
any law, rule, or regulation; violate any third party’s intellectual property
or personal rights; or exceed your permitted access to our Service.
1.5. Use the
Service for transmitting or receiving any communication or material of any kind
which would constitute a criminal offense, give rise to a civil liability, or
otherwise violate any applicable local, state, national or international law or
encourage conduct that would constitute a criminal offense, give rise to a
civil liability, or otherwise violate any applicable local, state, national or
international law.
2. Monitoring.
We may monitor the use of Americloud/SkyTalk Plus, LLC Service
for violations of this policy. We may, without liability, remove or block all
communications if we suspect a violation of this policy, or if we think it
necessary in order to protect our Service, or Americloud/SkyTalk Plus, LLC, its
parent, affiliates, directors, officers, agents, and employees from harm.
3. Providing
information to authorities and third parties.
If we believe that Customer has used our Service or your Device
for an unlawful purpose, we may forward the relevant communication and other
information, including your identity, to the appropriate authorities for
investigation and prosecution. You consent to our forwarding of any such
communications and information to these authorities. In addition, we may
disclose your name, telephone number, credit card information, and other
personal information, any communications sent or received by you, and any other
information that we may have about your account, including but not limited to,
types of Service, length of Service, MAC address(es), IP address(es), email
address(es), registered 911 address, and all other account information, as
follows: in response to law enforcement or other governmental agency requests;
as required by law, regulation, rule, subpoena, search warrant, or court order;
as necessary to identify, contact, or bring legal action against someone who
may be misusing the Service, the Device, or both; to protect Americloud/SkyTalk
Plus, LLC’s rights and property; or in emergency situations where disclosure of
such information is necessary to protect Americloud/SkyTalk Plus, LLC customers
or third parties from imminent harm.
4. No
Alterations or Tampering.
If Customer copies or alters or has someone else copy or alter
the firmware or software of the Device in any way that facilitates a compromise
of Customer Service, or Americloud/SkyTalk Plus, LLC Services generally,
Customer will be responsible for any charges that result. You may not attempt
to hack or otherwise disrupt our Service or make any use of our Service that is
inconsistent with its intended purpose.
5. No Resale
or Transfer of Service.
Customer may not resell or transfer your Service or your Device
or provide a telephone service to anyone else not directly associated with you
by using your Americloud/SkyTalk Plus,LLC Service or features of your
Americloud/SkyTalk Plus, LLC Service without first obtaining our prior written
consent.
6. Theft of
Service.
Customer may not use or obtain our Service in any manner that
avoids Americloud/SkyTalk Plus, LLC policies and procedures, including an
illegal or improper manner. Customer will notify us immediately in writing if a
Device is stolen or if Customer believes that your Service is being stolen,
fraudulently used, or otherwise being used in an unauthorized manner. When
Customer notifies us of one of these events, you must provide your account
number and a detailed description of the circumstances of the theft, fraudulent
use, or unauthorized use of Service. If Customer fails to notify us in writing
in a timely manner, we may disconnect Customer Service and levy additional
charges on you. Until Customer notifies us in writing, Customer will remain
liable for all use of our Service using a stolen Device and any and all stolen,
fraudulent or unauthorized use of the Service up through the date notice is
received by Americloud/SkyTalk Plus, LLC.
7. Unlimited Voice Services Acceptable Use.
Customer agrees to use the “unlimited” minute Service plans available from
Americloud/SkyTalk Plus, LLC for traditional voice or fax calls of a duration
comparable to that of the average residential or small business customer
presently utilizing Americloud/SkyTalk Plus, LLC’s “unlimited” Services.
Customer will not employ Devices, methods, or procedures to take advantage of
“unlimited” plans by using the voice or fax Services excessively or for means
not intended by Americloud/SkyTalk Plus, LLC. Excessive use is defined by
Americloud/SkyTalk Plus, LLC as use that substantially exceeds the average call
volume or duration used by all other Americloud/SkyTalk Plus, LLC “unlimited”
plan customers.
7.1. “Unlimited”
Service plans are expressly and specifically prohibited from use as a means to
access the following types of operations or resources: conference calling
services, monitoring services, data transmissions, transmission of broadcasts
or transmission of recorded material. These uses are considered excessive by
Americloud/SkyTalk Plus, LLC.
7.2. “Unlimited”
Service plans cannot be: resold, rebranded, resupplied, remarketed or otherwise
commercially exploited for the purpose of aggregating traffic and/or to create
routing functionality of only inbound or outbound traffic for one or more
Customers. These uses are considered to be both unreasonable and excessive by
Americloud/SkyTalk Plus, LLC.
7.3. “Unlimited”
Service plans cannot be employed and accessed as part of the following
activities: (a) Autodialing or Predictive Dialing, (b) Fax or Voice Mail
Broadcasting or Blasting, (c) Telemarketing (including charitable or political
solicitation or polling), or (d) Continuous or Repetitive Call Forwarding or
Call Session Connectivity. These uses are considered to be both abusive and
excessive by Americloud/SkyTalk Plus,LLC.
7.4. “Unlimited”
Service plans cannot be used or accessed for: (a) any other activity that would
be inconsistent with reasonable personal, residential and business use
patterns, (b) engagement in any other conduct which is fraudulent, (c) any
activity that causes network congestion or network degradation or jeopardizes
the integrity of Americloud/SkyTalk Plus, LLC’s network in any manner.
7.5. Americloud/SkyTalk
Plus, LLC reserves the right to monitor and review Customer usage levels of
“unlimited” minute Service
plans to insure that Customer is not using such Service in violation or abuse
of this AUP. If such an abuse or violation is discovered,
Americloud/SkyTalk Plus, LLC may immediately, and at its sole discretion: (a)
terminate the Service, or (b) choose to adjust the Service plan as appropriate
and agreed to by Customer. A choice by Americloud/SkyTalk Plus, LLC to
terminate the Service will not relieve the Customer from any obligations for
payment or other compensation and consideration that may be due under the Right
of Termination (Section 9 below) or the Americloud/SkyTalk Plus, LLC Terms of
Service Agreement of which this Acceptable Use Policy is an integral part.
8. Use of
Service and Device by Customers Outside the United States.
Although we encourage Customer to use our Service to call
foreign countries from the United States and to use our Service as you travel,
the Services are designed to work in the United States. Our Service is designed
to work generally with unencumbered high-speed internet connections. However,
if the high-speed internet connection you are using is not within a
Americloud/SkyTalk Plus, LLC service area or your ISP or broadband provider
places restrictions on using VoIP services, we do not represent that they will
allow you to use our Service. You will be solely responsible for any violations
of local laws and regulations or violations of ISP and broadband provider terms
of service because of your use of our Service. All use of Americloud/SkyTalk
Plus, LLC Service to or from areas outside the United States is at your own
risk
9. Right of Termination.
In addition to Americloud/SkyTalk Plus, LLC’s right to terminate
service for non-payment or other cause, Americloud/SkyTalk Plus, LLC reserves
the right to terminate the Service immediately and without advance notice if
Americloud/SkyTalk Plus, LLC, in its sole discretion, believes that Customer
has violated any of the above restrictions or terms of this AUP, leaving
Customer liable and responsible for the full month’s charges to the end
of the current term, including without limitation unbilled charges, plus a
disconnect fee, all of which immediately become due and payable.
10. General Provisions
10.1. This AUP
shall be deemed to have been executed and delivered in the State of Oklahoma
and it shall be governed by and construed in accordance with the laws of the
State of Oklahoma, excluding conflict of laws principles.
10.2. In the
event that any term or provision of this AUP shall be deemed or rendered void
or unenforceable, the remainder of this AUP shall remain in full force and
effect and such term or provision shall be deemed stricken.