Phonico Plans. Your Phonico Service is provided by Phonico
Mobile, LLC, including its affiliates, assigns and agents (“Phonico,” “Phonico,” “we,” “us” or
“our”). Phonico reserves the right to periodically review usage levels, including voice and data
usage, of Phonico Service plans (“Phonico Plans”) to ensure that you are not using a Phonico
Mobile Plan in a manner that we consider, in our sole discretion, to be in violation of this
Acceptable Use Policy (“AUP”), and if such an abuse or violation is discovered to terminate or
adjust the plan as appropriate. In addition, data speeds may be slowed and/or deprioritized for
subscribers who we determine (in our sole discretion) have violated Sections 3 or 4 of this
Acceptable Use Policy. You agree to use the voice portion of your Phonico Plan for traditional
voice calls between two individuals of a duration comparable to that of the average individual
customer presently utilizing a Phonico Plan and will not employ methods, devices or procedures
to take advantage of your Phonico Plan by using the plan excessively or for means not intended
by Phonico. Excessive use of the voice portion of your Phonico Plan is defined by Phonico
Mobile as use that materially exceeds the average call volume or duration used by all other Phonico
Mobile customers that have purchased a Phonico Plan. You further agree to use the data portion
of your Phonico Plan for traditional Web browsing, messaging, and similar activities on the
Device (as defined in the Phonico Plans Terms & Conditions), and will not employ methods,
devices or procedures to take advantage of your Phonico Plan by using the plan excessively or
for means not intended by Phonico, in violation of any of the prohibitions above or below. Phonico
Mobile may terminate your Service or change your Service plan if, in its sole discretion, Phonico
Mobile determines that your use of your Phonico Plan violates any of these prohibitions or is
otherwise “unreasonable” or results in abuse of the Phonico Plan.
International Long Distance Service. Phonico may limit the
number of unique international phone numbers your phone will be allowed to call to 20 unique
international phone numbers per 30-day Service term; based on the international destinations covered
by your plan. In such event, the 20 unique international numbers count will automatically reset when
your next 30-day Service term begins, unless you purchase a new Phonico Plan prior to the start
of your next Service term. Please visit the Phonico website to learn more about the specific
features and offerings regarding any international long distance services we may provide. All
international long distance services included in our Service plans are handled by a third party not
affiliated with Phonico, and are delineated on your invoices separately from the services
provided by Phonico.
We consider your use of one of our Phonico Plans to be
“unreasonable” or “abusive” and therefore subject to immediate termination or adjustment if,
among other things, we determine in our sole discretion that you have done (or, based on other
types of behavior, you may do) any of the following:
re-sell, re-brand, re-supply, re-market or commercially
exploit a Phonico Plan;
set up routing functionality such that only outbound
long-distance traffic is sent over the Phonico Plan;
engage in any other conduct which is fraudulent or otherwise
may result in significant network congestion or degradation, or interferes with our
operations, reputation or ability to provide quality service to our customers, including
without limitation any number of credit card “chargebacks” and/or excessive purchases
(and/or attempted purchases) of products and/or services relating to your Phonico Plan
in any given month;
engage in autodialing;
engage in continuous, repetitive or extensive call
forwarding;
engage in continuous call session connectivity, including
the use of a Phonico Plan for continuous mobile to mobile or mobile to landline voice
calls;
engage in telemarketing;
use your Phonico Plan as a substitute or backup for
private lines or dedicated data connections;
use your Phonico Plan for automated text or picture
messaging to another mobile device or email address;
upload, download or stream continuous video or audio;
“spam” or engage in other abusive or unsolicited
communications, or any other mass, automated voice or data communications for commercial or
marketing purposes;
use your Phonico Plan in connection with server devices
or host computer applications, including continuous Web camera posts or broadcasts,
automatic data feeds, automated machine to machine connections, voice or SMS relay, or peer
to peer (P2P) file sharing;
use your Phonico Plan in connection with software or
other devices that maintain continuously active Internet connections when a computer’s
connection would otherwise be idle, or “keep alive functions (e.g., using a Phonico Plan
for Web broadcasting, operating servers, telemetry devices and/or supervisory control and
data acquisition devices);
use your Phonico Plan to relay voice calls and text or
picture messages not originated from your Phonico device; or
engage in any other activity that would be inconsistent with
reasonable personal use patterns, causes network congestion or jeopardizes the integrity of
Phonico’s supplier’s network.
Lawful purposes only. You may use the Phonico Service 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 includes:
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.
Use of the Service to threaten, abuse, harass, defame,
deceive, defraud, interfere or invade another’s privacy or engage in any similar
behavior.
Use of the Service for: auto-dialing; continuous, repetitive
or extensive call forwarding; telemarketing (including charitable or political solicitation
or polling); or fax or voicemail broadcasting or blasting.
Use of the Service to: impersonate another person; send bulk
unsolicited messages; or 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.
Violate any law, rule, or regulation; violate any third
party’s intellectual property or personal rights; or exceed your permitted access to our
Service.
Use of 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.
Use of the Service to access, or attempt to access without
authority, the information, accounts or devices of others, or to penetrate, or attempt to
penetrate, Phonico’s or its network supplier’s network or systems.
Use of the Service to generate or disseminate viruses,
malware or “denial of service” attacks.
Right of Termination. In addition to Phonico’s right to
terminate Service for non-payment, Phonico reserves the right to terminate the Service
immediately and without advance notice if Phonico, in its sole discretion, believes that you
have violated any of the above restrictions, leaving you responsible for all charges, including
without limitation unbilled charges, all of which become immediately due and payable.
Monitoring. We may monitor the use of the Phonico Service
for violations of this AUP and the other materials that make up your Agreement with us. We may,
without liability, remove or block all communications if we suspect a violation of this AUP or any
other materials that make up your Agreement with us, or if we think it necessary in order to protect
our Service, Phonico or its network supplier, and/or their respective parents, affiliates,
directors, officers, agents, and employees from harm.
Providing information to authorities and third parties. If we
believe that you have used the Phonico Service 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; to protect Phonico’s rights and property; or in
emergency situations where disclosure of such information is necessary to protect Phonico
customers or third parties from imminent harm.
No Transfer of Service. You may not resell or transfer your
Service or provide a telephone service to anyone else by using your Phonico Service or features
of your Phonico Service.
No Alterations or Tampering. If you copy or alter or have
someone else copy or alter the firmware or software in any way that facilitates a compromise of your
Service, you are 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.
Theft of Service. You may not use or obtain our Service in
any manner that avoids Phonico policies and procedures. You will notify us immediately in
writing if you believe that your Service is being stolen, fraudulently used, or otherwise being used
in an unauthorized manner. When you notify 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 you fail to notify us in writing in a timely manner, we may disconnect your
Service and levy additional charges on you. Until you notify us in writing, you will remain liable
for all use of our Service stolen from you and any and all stolen, fraudulent or unauthorized use of
the Service up through the date notice is received by Phonico.