Acceptable Use Policy
Posted by Kevin Hill on 29 November 2010 02:55 PM

This Acceptable Use Policy ("AUP" or "Policy") describes actions by Users that are prohibited by SoTel Systems, LLC and its affiliates and subsidiaries. "Users" means any user or Customer of any and all SoTel provided services ("Service" and/or "Services") that are 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 SoTel).

This Acceptable Use Policy is subject to change from time to time with such changes effective upon posting at www.sotelips.net. SoTel encourages Users to review this Policy regularly.

  1. Services may be used only for lawful, proper and appropriate purposes.
  2. Users must use any Services only in a manner that, in SoTel's sole discretion, is consistent with the purposes of such Services. Users will not engage in any legal or illegal activity that either (i) harms SoTel, the network operated by SoTel, the Services and/or any User, or (ii) interferes with the network operated by SoTel and/or the provision or use of the Services by SoTel or any User.
  3. Services that are marketed as "Unlimited" plans are to be used in a manner that is consistent with the purposes of such Services. 
    1. SoCallMe and SoSimple plans include "Unlimited" usage that includes Inbound and Outbound calling to the Continental USA (US-48).  "Unlimited" calling for these plans is defined as 2500 minutes per channel (aka line).
    2. SoTel Hosted PBX plans include "Unlimited" usage that includes Inbound and Outbound calling to the Continental USA (US-48).  "Unlimited" calling is defined as 1000 minutes per user (aka subscriber).
  4. Services may not be used for illegal, improper, and/or inappropriate purposes.
    1. Illegal purposes include, but are not limited to:
      1. using the service to violate any law, rule, or regulation; or
      2. engaging in threatening, abusive, harassing, defamatory, libelous, deceptive or fraudulent behavior.
    2. Improper and inappropriate uses include, but are not limited to:
      1. sending unsolicited calls if such unsolicited activities could reasonably be expected to or do in fact provoke complaints;
      2. falsifying User or other identifying information provided to SoTel or to other Users of the Services;
      3. use of any Services in violation or any trademark, copyright, or any other intellectual property protection law or provision, or AUP policy of any third party provider;
      4. auto-dialing or predictive-dialing (sometimes referred to as "robo-dialing");
      5. continuous or extensive chat line or conference call participation,
      6. use of free conference calling or similar services that SoTel in its sole discretion deems to participate in traffic stimulation practices or schemes that result in excessive charges;
      7. use of an open telephone line as a monitoring, intercom or similar service;
      8. repetitive and/or continuous calling to the same number if such activity could reasonably be expected to or in fact does provoke complaints;
      9. long duration calls (defined as calls to the same number in excess of four continuous or cumulative hours within a 24 hour period) and/or calls placed to specific numbers / destinations for the purpose of generating charges or fees for or with a third party;
      10. use of call Services which do not consist of uninterrupted live human voice dialog by and between natural human beings;
      11. Customer shall not: (1) re-classify or re-originate traffic or take any other action to make traffic appear as if it: (i) is anything other than the type of traffic deliver to Customer (including but not limited to making TDM originated traffic appear to be IP originated) or (ii) originated from a place or on a type of equipment different from the place or type of equipment from where it, in fact, originated; or (2) modify, alter, or delete in any manner calling number information, originating point codes or any signaling information, or call detail in connection with the transport and termination of traffic to the called party.  Upon SoTel Systems, LLC.’s request, Customer shall certify in writing its continued compliance with this Policy. If Customer is found to be in violation of the above policy then Customer must demonstrate to SoTel’s satisfaction that all traffic is compliant to this policy or Customer may be subject to penalties assessed retroactively to include all instances of policy violation.
      12. engaging in any of the foregoing activities by using the services of another provider or third party and channeling such activities through an account provided by SoTel, or otherwise involving the Services or any SoTel account in any way with or without another provider or third party for the purpose of facilitating the foregoing activities.

Remedies

  1. SoTel reserves the right, at its sole discretion, to determine if a Service is being used for any of the foregoing purposes or activities.
  2. If 10% or more of completed calls are equal to or less than 6 seconds in duration, a .015 charge will apply to each call equal to or less than 6 seconds in duration.
  3. Violation of this Policy may result in civil or criminal liability, and SoTel 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, SoTel may investigate incidents that are contrary to this Policy and provide requested information to third parties who have provided notice to SoTel stating that they have been harmed by a User's failure to abide by this Policy or the policies listed above. SoTel may bring legal action to enjoin violations and/or collect damages caused by any violation of any part of this Policy.
  4. 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).
  5. SoTel's failure to enforce this policy in every instance in which it might have application does not amount to a waiver of SoTel's rights.
  6. IN NO EVENT WILL SOTEL 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 SOTEL WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY IN FAVOR OF SOTEL IS IN ADDITION TO ANY LIMITATIONS SET FORTH IN ANY WRITTEN AGREEMENT BETWEEN SOTEL 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.
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