Acceptable Use Policy
You shall not use the Services for any illegal, fraudulent, improper, or abusive purpose or in any
way that interferes with Kinetic VoIP's ability to provide high quality Services to other
customers, prevents or restricts other customers from using the Services, or damages any Kinetic
VoIP's or other customers' property. If Kinetic VoIP finds that You are using the Services for
anything other than the permitted uses in this Agreement or for any of the prohibited uses in this
Agreement, Kinetic VoIP may at its sole discretion terminate Your Service and charge You any
applicable fees for the Services used plus damages caused by Your improper use. Prohibited uses
include, but are not limited to:
- Behavior that is illegal, obscene, threatening, harassing, defamatory, libelous, deceptive,
fraudulent, malicious, infringing, tortious, or invasive of another's privacy.
- Sending unsolicited messages or advertisements, including email, voicemail, SMS, or
faxes (commercial or otherwise) ("spamming"), or otherwise sending bulk and/or junk
email, voice mail, SMS, or faxes.
- Harvesting or otherwise collecting information about others, including email addresses,
without their consent.
- Negligently, recklessly, knowingly, or intentionally transmitting any material that
contains viruses, time bombs, trojan horses, worms, malware, spyware, or any other
programs that may be harmful or dangerous.
- Creating a false Caller ID identity ("ID spoofing") or forged email/SMS address or
header, or otherwise attempting to mislead others as to the identity of the sender or the
origin of any communication made using the Services.
- Transmitting any material that may infringe, misappropriate, or otherwise violate the
foreign or domestic intellectual property rights or other rights of third parties.
- Violating any U.S. or foreign law regarding the transmission of technical data or software
exported through the Services.
- Utilizing the Services in excess of what, in Kinetic VoIP's sole discretion, would be
expected of normal business use, including without limitation allowing more than one
user to use a single VoIP line or using a single VoIP line in excess of what would be
expected of a single user.
- Using the Services in any way that interferes with other customers' and third parties' use
and enjoyment of the Services or use the Services in any manner which disrupts, prevents
or restricts any other customer from using the Services.
- • Using or employing methods and/or devices that are designed or likely to take advantage
of, bypass, exploit, or otherwise avoid this Use Policy.
- Using the Applications or Services to store PHI on a non-temporary basis.
- (If You are a HIPAA-Covered Entity) using the Applications or Services to transmit,
receive, or store PHI without activation of the Kinetic VoIP HIPAA Conduit setting.
You further understand and agree that:
- You shall be solely liable for any transmissions sent and data stored through the Services
under Your Account, including the content of any transmission sent and data stored
through the Services under Your Account.
- You will abide by all applicable Kinetic VoIP policies, procedures, and agreements
related to the Services.
- You shall not attempt to gain unauthorized access to the Services, other accounts,
computer systems or networks connected to the Services, through password mining or
any other means.
- Your use of the Services is subject to all applicable local, state, national, and international
laws and regulations (including without limitation those governing account collection,
export control, consumer protection, unfair competition, anti-discrimination, securities
laws, and false advertising).
In addition, some of Kinetic VoIP's plans and other Services are offered on an "unlimited" basis.
All unlimited plans:
- May only be used for normal business use.
- Are provided only for dialog between two individuals at one time per line.
- Exclude international calling, which is available for an additional fee.
- Are issued on a "one (1) user per line basis", meaning that only one registered user may
be assigned to use the Services for any one line.
Unlimited plans also may not be used for any of the following prohibited uses (which are in
addition to the other prohibited uses applicable to all Services):
- Trunking or forwarding Your Kinetic VoIP number to (an)other phone number(s) capable
of handling multiple simultaneous calls, or to a private branch exchange (PBX) or a key
- Spamming or blasting (e.g., sending one hundred (100) or more bulk and/or junk
voicemail or faxes simultaneously).
- Bulk call-in lines (e.g., customer support or sales call centers, "hotlines", 900 numbers,
sports-line numbers, etc.).
- Auto-dialing or "predictive" dialing (i.e., non-manual dialing or using a software program
or other means to continuously dial or place out-bound calls).
In addition, unusually high usage of the Services may impair Kinetic VoIP's ability to provide
high quality Services to others and/or indicate unauthorized use of the Services, in which case
Kinetic VoIP may suspend or terminate Your Account or, upon prior notice, convert Your
Account to a metered calling plan that charges significantly higher usage rates.
Kinetic VoIP reserves the right to add to, modify or amend this Use Policy at any time for any
reason at its sole discretion.