SimpleFiber Acceptable Use Policy
This Acceptable Use Policy (“Agreement”) is subject to the SimpleFiber Master Services Agreement (“MSA”) located at https://www.SimpleFiber.com/master-services-agreement (or any successor URL) and the White Label VoIP Schedule (“Schedule”) located at https://www.SimpleFiber.com/white-label-voip-schedule (or any successor URL). This policy is supplementary and does not limit any of SimpleFiber’s rights per the MSA or another applicable primary service agreement.
This is a legal Agreement between you (either an individual or an entity that you are representing, hereinafter “Service Provider”) and SimpleFiber, LLC and its suppliers and licensors (collectively “SimpleFiber”) SimpleFiber and Service Provider shall each be referred to individually as a “Party” and collectively as the “Parties”.
If you are an individual entering this Agreement on behalf of an entity that you are representing, you represent and warrant that you have sufficient and appropriate authority to encumber said entity and are competent to do so.
Any of the following actions constitutes, without limitation or qualification, your approval to be bound by, and to comply with, the terms of this Agreement: (i) Your registering for Service anywhere on a SimpleFiber website and selecting “I Accept” or “I Agree” as part of the registration process; (ii) Your electronic or wet ink signature on a SimpleFiber Order Form; or (iii) Your use of the SimpleFiber Service.
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, THEN DO NOT DOWNLOAD, INSTALL OR USE THE SIMPLEFIBER SERVICES.
The clauses below set forth the terms and conditions upon which SimpleFiber shall provide and Service Provider shall purchase the Services.
The Parties hereto agree as follows:
1.0 In General
SimpleFiber’s Acceptable Use Policy is designed to prevent fraud and abuse of the Services and facilitate compliance with applicable laws among our customers. Our goal is to protect the integrity of all related systems for the benefit of all customers, partners, and vendors, and prevent any illegal conduct with the use of our Services and systems.
2.0 Fair Usage
Any use of the Services or any other action that causes a disruption in the integrity of any SimpleFiber system or service, and/or any vendors system or service, whether directly or indirectly, is strictly prohibited and could result in immediate termination of the Services.
Examples of such prohibited uses include, but are not limited to, any autodialing, continuous or extensive call forwarding, continuous connectivity, constant dialing, iterative dialing, excessive short duration calls, excessive no answer calls, fax broadcast, fax blasting, telemarketing or any other activity that would be inconsistent with small business usage.
SimpleFiber reserves the right to review the usage of unlimited usage services to ensure that you are not abusing such plans. You agree to use unlimited usage services for their normal and intended use and will not employ methods or devices to take advantage of unlimited usage services by consuming them excessively or for means not intended by SimpleFiber.
You may not use unlimited usage services to aggregate consumption across multiple businesses or customers.
If it is determined that your usage is abusive, your service may, at SimpleFiber’s sole discretion, be moved to a measured usage service at the rates in effect at the time of use.
SimpleFiber will provide you notice if any unlimited usage service has been switched to a measured usage service.
3.0 Compliance with Applicable Laws
You agree that you will NOT use the Services in ways that violate laws, infringe the rights of others, or interfere with the users, services, or equipment of the Services.
You shall use the Services only for lawful purposes. SimpleFiber reserves the right to immediately terminate your Services if, in our sole and absolute discretion, SimpleFiber determines that you have used the Services for an unlawful purpose.
In the event of such termination, you will be responsible for the full month’s charges to the end of the current term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will become immediately due and payable upon termination of your Services.
SimpleFiber participates and operates in full compliance with all official Traceback Requests received from the Industry Traceback Group (ITG). If SimpleFiber believes that you have used the Services 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 hereby consent to our forwarding of any such communications and information to these authorities.
In addition, SimpleFiber will provide information in response to law enforcement requests, including, but not limited to, subpoenas, court orders, and requests for wire taps etc., from the government under the Patriot Act, to protect its rights and property and in the case where failure to disclose the information may lead to imminent harm to the customer or others.
4.0 Inappropriate Conduct
You shall not use our Services for any illegal purposes whatsoever. You shall not use the Services in any way that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, or any similar behavior.
You are prohibited from using our Services if SimpleFiber determines, at its sole discretion, that the provision of the Services to you is prohibited by applicable law or has become impractical or unfeasible for any legal or regulatory reason.
You shall not use our Services to offer or otherwise make available to others fraudulent goods, services, schemes, or promotions, including make-money-fast schemes, Ponzi and pyramid schemes, or for phishing, pharming, harvesting or similar deceptive practices.
Providing altered, deceptive, or false information about the identity of the sender or a call’s origin is expressly prohibited. SimpleFiber reserves the right to immediately terminate your Service if, in our sole and absolute discretion, SimpleFiber determines that you have used the Services in any of the aforementioned ways.