FAIR USE POLICY
Acefone reserves the right to change this policy at any time. Changes
become effective when a revised policy is posted on our website.
This policy is only applicable to Acefone’s customers in the United
States.
This Fair Use Policy (“FUP”) governs use of Acefone’s networks,
systems, websites, services, software, hardware, and products
(collectively, “Services”) by Acefone’s customers (“Customers”) and
their authorized users (collectively, including Customers, Users”).
Upon any violation or reasonably suspected violation of this FUP, Acefone
shall be entitled to immediately suspend provision of the Services in a
manner reasonably suited to address the potential harm. Customer shall
immediately inform any violations of this FUP to Acefone and cooperate
with Acefone to investigate and remedy such violations.
Users shall not, and shall not encourage, authorize, assist, or enable
any other party to engage in, any of the following in connection with
the Services:
General Prohibitions
Using the Services in a manner that may expose Acefone or its
suppliers to criminal or civil liability, or regulatory enforcement.
Violating applicable laws or regulations.
Activities Impacting Security or Reliability
Attempting to circumvent any security mechanism of the Services, or
using the Services in a manner that poses a security or other risk to
Acefone, Acefone’s suppliers, any User of the Services, or any third
party.
Benchmarking, unauthorized testing of, tampering with, reverse-
engineering, decompiling, or otherwise using the Services in order to
evade filtering capabilities, or discover limitations or vulnerabilities.
Damaging, overburdening, interfering with or otherwise adversely
impacting the reliability, availability or stability of the Services or third-
party systems or networks.
Using the Services in hazardous environments requiring fail-safe
performance, such as in the operation of nuclear facilities, air traffic
control, aircraft navigation or communication systems, or other
devices or systems in which malfunction of the Services would result
in potential risk of injury or death of the operator of the device or
system, or to others.
Protecting Individuals’ Rights
Engaging in spamming, or other unsolicited, unwanted, or harassing
advertising, marketing or other activities, including any activities that
violate applicable anti-spamming, data protection, or privacy laws and
regulations, including, but not limited to, the Telephone Consumer
Fraud & Abuse Prevention Act, the CAN SPAM Act of 2003, the
Telephone Consumer Protection Act, the Children’s Online Privacy
Protection Act, or the Do-Not-Call Implementation Act.
Using the Services to collect information about individuals, including
email addresses or phone numbers, without their explicit consent or
under false pretenses.
Engaging in deceptive, fraudulent, inaccurate, or misleading activity with
respect to third parties (including impersonation of identity or identifiers
such as phone numbers or email addresses) or otherwise bypassing
legitimate identification systems.
Failing to obtain any legally required consent from applicable third
parties for the collection, use, and disclosure of the third parties’
personal data as described in the Privacy Policy.
To the extent that the Services are used to record or monitor calls or
other communications, failing to comply with all applicable laws
related thereto, including securing any required prior consents.
Telecommunications-Specific Limitations
Violating applicable standards, policies, or guidelines published by
generally-recognized industry associations, such as, but not limited
to, the Cellular Telecommunications Industry Association and the
Canadian Wireless Telecommunications Association.
Violating telecommunications provider or other service provider
requirements as communicated by Acefone.
Artificially inflating traffic (
e.g.
, generating traffic that has been
artificially increased to enhance the revenue of an entity or network
without offering any real benefit to the originator of the call), including
inducement of third-party inbound calls or calls to toll-free numbers
without a valid business purpose.
Using long virtual numbers or voice numbers to receive messages for
the purposes of automated messaging, identity verification, bulk
messaging, messages using automated dialing, or pre-recorded
messaging, and the like.
Forwarding from a virtual number to a dead endpoint (
i.e.
, if User
forwards from a virtual number, User must make a reasonable attempt to
receive or answer the message or call, as applicable).
Transmitting caller or sender identification for outbound
communications via the Services where the originating User’s right to
use such identification has not been checked.
Having a high volume of unanswered phone calls, or phone calls
(including text-to-speech communications) that have less than twelve
seconds duration.
Using long virtual numbers provided by Acefone as identifiers for SMS
messages, outbound calls or other communications sent through
providers other than Acefone.
Inappropriate or Harmful Content
Using, storing, submitting, uploading, downloading, transmitting,
distributing, or facilitating the distribution of, any information that
contains “inappropriate content,” including, but not limited to, content
that:
Contains fraudulent offers for products or services, or any promotional
or advertising materials that contain false, deceptive or misleading
statements, claims or representations, or false or inaccurate data,
including the fraudulent use of credit cards.
May be considered slanderous, libelous, defamatory, sexually explicit,
threatening, offensive, abusive, vulgar, profane, obscene, malicious or
otherwise harmful to any person or entity, constitutes or promotes
“hate speech,” or is otherwise discriminatory based on race,
nationality, sex, creed, religion, disability, language, sexual
orientation, or age.
Misappropriates, infringes on, dilutes, or violates any intellectual
property rights or other rights of third parties, including but not
limited to copyright, trade secrets, trademark, patent, rights of
publicity, and rights of privacy.
Contains or transmits viruses, worms, Trojan horses, or any other
malicious, deleterious, or harmful programs, or similar destructive
programming routines.
Markets, promotes, or otherwise relates to terrorism or illegal activities.
Comprises or promotes firearms, alcohol, or tobacco content, except
where appropriate age-gating functionality has been put in place and
such content is otherwise legal in the applicable jurisdiction.
Constitutes or relates to “adult services” or content of an adult nature,
including, without limitation, content that contains or depicts nudity,
contains or depicts sexual activity, except where appropriate age-
gating functionality has been implemented, such content is otherwise
legal in the applicable jurisdiction, and only to the extent approved by
Acefone.
Contains sensitive identification or financial information or documents.
Contains protected health information” as defined by the United
States’ Health Insurance Portability and Accountability Act of 1996 as
amended, except in connection with and in compliance with an active
Business Associate Agreement with Acefone, or as covered by the
“conduit exception” or other applicable exception to requiring a
Business Associate Agreement.
API Platform-Specific Limitations
In connection with the API Platform Services only:
Offering or purporting to offer any services that allow the User to
connect with emergency services personnel or public safety answering
points such as 911, E911 services, or local equivalents.
Renting, reselling, sublicensing, or time-sharing the Services or any
portion of the Services (including, without limitation, data received
through the Number Insight or Verify Services) without Acefone’s
express and specific prior written consent.
Aggregating, bundling, or otherwise combining in any way any
messages originating from any other telephone number, or engaging in
group messaging; each number shall only be used for messages
originating and terminating to such single, unique telephone number.
Sending a substantial amount of voice traffic, as reasonably
determined by Acefone, only to specific regions or number ranges
within a country in a manner that would cause Acefone to incur
material costs beyond those incurred by Acefone when sending similar
quantities of voice traffic equally spread across all regions and number
ranges within such country.
Making the Services available to anonymous users; or failing to
obtain, maintain, or (upon Acefone’s request) provide to Acefone,
reasonable Know Your Customer information in compliance with
applicable law for each User, including for each User (whether an
individual or legal entity) at least its name, address, verified e-mail
address, method of payment, and payment information, and where the
User is a legal entity, the User’s state or country of formation, contact
person, and company registration number.
Using the Services in any manner that results in charges to Acefone
by third parties, such as originating access charges, dip charges,
collect calls, calls made to NPA-976-XXX or 900-XXX-XXXX numbers,
or any other number or service where the calling party is billed for the
call by the calling party’s provider on behalf of the terminating
provider or its customer; or otherwise calling or sending messages to
premium number ranges without Acefone’s prior written consent in
each instance.
Applications Services-Specific Limitations
In connection with the Application Services only:
Removing or Blocking Communications.
Acefone may remove or block
communications including calls to certain countries determined solely
by Acefone if Acefone suspects a violation of this FUP, or if Acefone
deems it necessary in order to protect the Services, Acefone’s
network, employees, Users or third parties from harm, fraud, and/or if
required by applicable law. Acefone may take such action without
advance notice if required to protect Acefone and other Users in
Acefone’s sole discretion. Any permitted removal of blocks to certain
countries requires a written waiver of liability by Customer.
Fair and Reasonable Use.
Acefone’s business service plans and
features are for normal, reasonable business use and consistent with
the types and levels of usage by typical customers on the same
business calling plan. "Typical" refers to the calling patterns of at least
95% of Acefone’s business Customers on the same business calling
plan. Certain calling and messaging plans, including unlimited calling
and messaging plans, are designed for normal commercial use and are
not intended to represent typical usage by unique organizations such
as call centers (unless purchasing the Acefone Contact Center
Services), resellers, telemarketing firms, or for use without live dialog,
such as transcription services, intercom or monitoring services.
Unauthorized or excessive use beyond that normally experienced by
other Acefone customers may cause extreme network capacity and
congestion issues and interfere with Acefone's network and the third
party networks with which Acefone connects for call initiation and
completion services.
Evaluation of Usage.
The following is a non-exhaustive list of
impermissible uses under Acefone's calling plans that are considered
outside of normal use, whether obtained directly from Acefone, an
authorized reseller, or from a co-branded Acefone partner:
Resale to others;
Iterative dialing;
Without live dialog, including use as a monitor or for transcription
purposes;
Telemarketing uses not pre-approved by Acefone in writing, further
subject to compliance with applicable laws;
Bulk call-in lines (
e.g.
, customer support or sales call centers unless
Customer has purchased the Acefone contact center service,
“hotlines,” 900 numbers, sports-line numbers,
etc.
); and
Call or contact center uses not used in conjunction with Acefone pre-
approved contact center systems or software platforms, or not otherwise
pre-approved by Acefone in writing.
Review of Usage
. Acefone reserves the right to review usage of the
Services to ensure that Users are not abusing or excessively using the
Services.
Unlimited calls and Unlimited SMS are limited to the US and Canada
markets only.
As a guide, in combination with other factors as described herein,
Customer may be considered to be in violation of this FUP when any
of the following occur:
Aggregate outbound domestic long-distance calling exceeding 3,000
minutes per Unlimited Extension or Premier seat per month
More than 500 outbound SMS per Unlimited Extension or Premier seat
per month
If Customer's usage is excessive or abusive based on the above,
Acefone reserves the right to charge, and Customer agrees to pay, a
per minute fee as follows:
Outbound domestic long-distance calling - $0.029 USD per minute
Outbound SMS - $0.02 per SMS
For toll-free number based plans, below FUP is applicable:
In the unlimited plan, inbound minutes are capped at 3000 minutes a
month. Overages will be charged at $0.03 per minute
In the minutes based plan, an additional cost of $4.99/month will be
charged for the toll-free number. After the bundled minutes are
consumed, overages will be charged at $0.03 per minute
It is mandatory for a customer to purchase any of the local number
plans to be able to access all the VoIP features will the toll-free number
Acefone will afford Customer the opportunity to correct abnormal
usage patterns, but if Customer fails to immediately conform to normal
use after Acefone’s notice, Acefone reserves the right to charge the
above-reference usage amount(s), and Acefone may exercise its right
to transfer Customer's service to a more appropriate calling plan,
charge applicable rates for that plan, implement other limitations, or
suspend or terminate the relevant Acefone Services pursuant to this
FUP and the Service Terms.
International calling.
By default, international calling will only be
enabled for countries listed in Annexure 1 and would be charged on
a per minute basis.
For enabling calls to other international destinations (destinations
that are not covered in Annexure 1), please get in touch with our sales
team at contact@acfeone.com or call at +1-888-859-0450.
Please refer to https://www.acefone.com/international-rates/ for the
international calling rates from the US/Canada to various countries.
Prohibited Use.
In addition, the Services may not be used for any of
the following prohibited uses (which are in addition to the other
prohibited uses under this FUP or otherwise applicable to the
Services):
Bulk call-in lines (e.g., customer support or sales call centers unless
Customer has purchased the Acefone call center service, “hotlines,”
900 numbers, sports-line numbers, etc.);
Spamming or blasting (e.g., sending one hundred (100) or more bulk
and/or junk voicemail simultaneously);
Auto-dialing or predictive” dialing (i.e., non-manual dialing or using a
software program or other means to continuously dial or place
outbound calls); or
Use an email box exclusively as storage space for data.
Acefone reserves the right to review Users’ accounts at any time for
potential abuses of this FUP. Acefone may determine abnormal or
abusive usage as stated herein. If Acefone determines that Users have
violated this FUP, Acefone may invoice the Customer and Customer shall
pay a per-minute or per-SMS fee for excessive use as described above.
Annexure 1
Major countries served by us for international calling
Landline and Mobile numbers
Brunei
Canada
China
Guam
Hong Kong
India
Macau
Malaysia
Puerto Rico
Saipan
San Marino
Singapore
South Korea
Thailand
US Virgin Islands
United States
Landline Numbers Only**
Andorra
Argentina
Australia
Austria
Bahrain
Belgium
Brazil
Bulgaria
Chile
Colombia
Croatia
Cyprus
Czech Republic
Denmark
Estonia
Finland
France
Germany
Greece
Guadeloupe
Hungary
Iceland
Indonesia
Ireland
Israel
Italy
Japan
Latvia
Luxembourg
Malta
Mexico
Monaco
Netherlands
New Zealand
Norway
Panama
Peru
Poland
Portugal
Romania
Russia
Slovakia
Slovenia
South Africa
Spain
Sweden
Switzerland
Taiwan
Turkey
United Kingdom
**Calls to mobile numbers in these countries are charged per-minute rates.