This Acceptable Use Policy (“AUP” or “Policy”) describes actions by Subscribers that are prohibited by Mayer Networks Inc. and its affiliates and subsidiaries. “Users” means any user or Customer of any and all Mayer Networks Inc. provided services (“Service” and/or “Services”) that are provided by Mayer Networks Inc. pursuant to any applicable customer agreement, including, without limitation, any applicable terms of service and/or supplements to any applicable agreement(s) (which Users must accept as a condition to receiving any Services from Mayer Networks Inc).
This Acceptable Use Policy is subject to change from time to time with such changes effective upon posting at www.mayernetworks.com/voip/acceptable-use. Mayer Networks Inc. encourages Users to review this Policy regularly.
Mayer Networks Inc. provides VoIP service under this Agreement conditioned upon compliance at all times with the Fair Usage Policy set forth in this Section which is designed to prevent fraud and abuse of its Services.
Mayer Networks Inc. VoIP phone lines are intended to be used for general purpose enterprise UC usage (which may include some limited conferencing or enterprise contact center usage), in which calls are placed via direct human interaction. Mayer Networks Inc. strictly prohibits any use of VoIP phone lines inconsistent with the purpose, including without limitation:
Connecting to any device, computer or telephone system which can either
Place calls in an automated fashion (such as any predictive dialer, auto-dialer or robodialer)
Makes routing choices based on the cost of a call (such as a least cost routing engine)
Mayer Networks Inc. offers unlimited toll free inbound based on a 10% rule. Toll free minutes will be monitored and should not exceed 10% of the overall minutes used per month. If Subscriber goes over the 10%, Mayer Networks Inc. may charge back to the Subscriber a toll free per minute rate at the current chargeable rate.
Services may be used only for lawful, proper and appropriate purposes.
Users must use any Services only in a manner that, in Mayer Networks Inc. sole discretion, is consistent with the purposes of such Services. Users will not engage in any legal or illegal activity that either
harms Mayer Networks Inc., the network operated by Mayer Networks Inc., the Services and/or any User
interferes with the network operated by Mayer Networks Inc. and/or the provision or use of the Services by Mayer Networks Inc. or any User.
Services may not be used for illegal, improper, and/or inappropriate purposes.
Illegal purposes include, but are not limited to:
using any Service to violate any law, rule, or regulation; or
engaging in threatening, abusive, harassing, defamatory, libelous, deceptive or fraudulent behavior.
Mayer Networks Inc. reserves the right, at its sole discretion, to determine if a Service is being used for any of the foregoing purposes or activities.
Violation of this Policy may result in civil or criminal liability, and Mayer Networks Inc. in its sole discretion, in addition to any remedy that it may have at law or in equity, may immediately terminate permission for the User to use the Services, or any portion of the Services, and may charge User any applicable rates and cancellation or termination fees. In addition, Mayer Networks Inc. may investigate incidents that are contrary to this Policy and provide requested information to third parties who have provided notice to Mayer Networks Inc. stating that they have been harmed by a User’s failure to abide by this Policy or the policies listed above. Mayer Networks Inc. may bring legal action to enjoin violations and/or collect damages caused by any violation of any part of this Policy.
Any violations or attempted violations of this Policy by any User (or any third party on behalf of any User) will constitute a violation of this Policy by the User and a material breach of any applicable customer agreement, including, without limitation, any applicable terms of service and/or supplements to any applicable agreement(s).
Mayer Networks Inc.’s failure to enforce this policy in every instance in which it might have application does not amount to a waiver of VoIP Essential’s rights.
IN NO EVENT WILL MAYER NETWORKS INC. BE LIABLE TO ANY USER OR THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES FOR ACTIONS TAKEN OR NOT TAKEN PURSUANT TO THIS POLICY, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR DATA, OR OTHERWISE, EVEN IF MAYER NETWORKS INC. WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY IN FAVOR OF MAYER NETWORKS INC. IS IN ADDITION TO ANY LIMITATIONS SET FORTH IN ANY WRITTEN AGREEMENT BETWEEN MAYER NETWORKS INC. AND ANY APPLICABLE USER AND WILL APPLY WHETHER THE ACTION IN WHICH RECOVERY IS SOUGHT IS BASED IN CONTRACT OR TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), OR ANY APPLICABLE LAWS.
Nothing in this Policy will limit or be deemed a waiver of any rights or protections of Mayer Networks Inc. pursuant to any written agreement between Mayer Networks Inc. and any applicable User. This Policy will be read in connection with any such written agreement and not in conflict with any such agreement. This Policy, in connection with any such agreement, supersedes any other oral or written representations or agreements made by Mayer Networks Inc. and/or its representatives regarding the Services.