Acceptable Use Policy
This Acceptable Use Policy (“AUP”) describes actions that JVoIP LLC prohibits when any party uses its Services. By ordering or using JVoIP LLC’s Services, you, the Customer or Service Recipient, agree to the terms of this AUP. Each Customer must review and comply with this AUP and all applicable laws, but this AUP is not intended to be interpreted as, relied upon, or used as a substitute for legal advice or considered to be an exhaustive list of all laws and regulations applicable to your use of JVoIP LLC’s Services. There may also be other state and foreign laws that apply to your use of JVoIP LLC’s Services. You agree not to use, and not to encourage or allow any End User to use, JVoIP LLC’s Services in prohibited manners, including but not limited to the following:
- Using the Services to engage in or encourage any illegal, abusive, or other activities that interfere with the business or activities of JVoIP LLC or any third party.
- Attempting to bypass or disable any security mechanism on any of the Services or using the Services in any other manner that poses a security or service risk.
- Reverse-engineering the Services for any improper purpose.
- Using the Services in any manner that may subject JVoIP LLC or any third party to liability, damages, or danger.
- Launching or facilitating, whether intentionally or unintentionally, a denial-of-service attack on any of the Services or any other conduct that adversely impacts the availability, reliability, or stability of the Services.
- Transmitting any material that contains viruses, trojan horses, malware, worms or any other malicious or harmful programs.
- Engaging in any unsolicited advertising, marketing or other activities that violate applicable marketing laws and regulations, including, without limitation, the Telephone Consumer Protection Act, the CAN- SPAM Act of 2003, the implementing rules and regulations of the Federal Communications Commission or the Federal Trade Commission and comparable state laws.
- Using the Services in connection with any unsolicited or harassing calls or messages (commercial or otherwise), including unsolicited or unwanted phone calls, SMS or text messages, voice mail, or faxes, including calls or text messages to telephone numbers who have not given the requisite consent, or who have revoked their consent, to be called or sent messages by you.
- Using the Services to receive, send or otherwise process Protected Health Information as defined by the Health Insurance Portability and Accountability Act of 1996, as amended, unless you have signed a Business Associate Agreement with JVoIP LLC or your use of the Services fits within an exception for requiring a Business Associate Agreement.
- Using the Services to engage in, or in connection with, fraudulent activity.
- Violating or facilitating the violation of any local, state, federal, or foreign law or regulation, including laws and regulations regarding the transmission of data or software.
- Using the Services to transmit any material that infringes the intellectual property rights or other rights of third parties.
- Using the Services to transmit any material that is libelous, defamatory, discriminatory, or otherwise malicious or harmful to any person or entity.
- Creating a false identity or forged email address or header, or phone number, or otherwise attempting to mislead others as to the identity of the sender or the origin of a message or phone call, including failing to comply with the Truth in Caller Identification Act and implementing regulations
- Using the Services, or any component of the Services, in any manner not authorized by JVoIP LLC.
Call Abuse Policy
Any call originated on JVoIP LLC network is subject to inspection and investigation if the call is suspected of being fraudulent, abusive, or illegal. Calls meeting any of these criteria will be blocked. If these conditions are repeated, becoming excessive, the subscriber may be disconnected from JVoIP LLC network, may be subject to further investigation by the FCC for enforcement of the TRACED Act and the subscriber may be subject to fines and penalties imposed by the FCC or the jurisdictional court.
Unlimited Voice Services or Messaging Plans
JVoIP LLC reserves the right to periodically review usage levels of unlimited minute service plans to ensure that you are not using such service in violation of this AUP and if such an abuse or violation is discovered to terminate or adjust the plan as appropriate. You agree to use the unlimited minute service plans for traditional voice, messaging (SMS, or MMS) or fax call of a duration comparable to that of the average residential or small business customer presently utilizing JVoIP LLC’s service and will not employ methods, devices or procedures to take advantage of unlimited plans by using the voice, messaging or fax services excessively or for means not intended by JVoIP LLC. Excessive use is defined by JVoIP LLC as use that substantially exceeds the average call volume or duration used by all other JVoIP LLC unlimited plan customers, and attempting to originate or terminate multiple concurrent phone calls through any single line of service. The following types of services are specifically prohibited and may not be accessed through JVoIP LLC’s unlimited voice service plan: conference calling, monitoring services, data transmissions, transmission of broadcasts or transmission of recorded material. JVoIP LLC may terminate your service or change your service plan if, in its sole discretion, JVoIP LLC determines that your use of the unlimited plan violates this prohibition or is otherwise “unreasonable” or results in abuse of the unlimited minute service plan.
We consider your use of our Unlimited plan to be “unreasonable” and therefore subject to immediate termination if you:
- re-sell, re-brand, re-supply, re-market or commercially exploit our Unlimited Service, without our written consent, in order to aggregate traffic from more than one customer over an “unlimited” line or trunk;
- set up routing functionality such that only outbound long-distance traffic is sent over the Unlimited Service; or engage in any other conduct which is fraudulent or results in significant network congestion, or degradation.
We consider your use of our Unlimited plan to be “abusive” and subject to immediate termination or adjustment if you utilize:
- Autodialing
- Continuous, repetitive or extensive call forwarding
- Continuous call session connectivity
- Fax broadcasting
- Fax blasting
- Telemarketing
- Continuous, repetitive or extensive SMS or MMS messages
Any other activity that would be inconsistent with reasonable personal, residential and business use patterns, causes network congestion or jeopardizes the integrity of JVoIP LLC’s network.
You understand and agree that this list of prohibited uses is meant to be illustrative and should not be considered exhaustive. All determinations related to violations of this Acceptable Use Policy will be made by JVoIP LLC in its sole, reasonable discretion. JVoIP LLC reserves the right to change or modify the terms of the AUP at any time, effective immediately when posted to the JVoIP LLC website. Customer’s use of the JVoIP LLC Services after changes to the AUP are posted to the JVoIP LLC website shall constitute acceptance of any changed or additional terms. If you have a complaint about abuse or a breach of this AUP please contact a JVoIP LLC representative.
