PHONEXA.UK ACCEPTABLE USE POLICY

Updated: 17 July 2018

This Acceptable Use Policy (the “AUP”) will govern the use of those Services by Phonexa’s clients and be incorporated into and be a part of Phonexa’s Platform Services Agreement (the “Agreement”). Those capitalized terms not defined in this AUP will have the meanings given to them in the Agreement

1. Metered Services

“Metered Services” will mean the use of software data services or telecommunications services where the amount of usage is measured in time increments and charged based on the time increment.
Phonexa may periodically review usage levels of Metered Service plans to ensure that the Client is not using such service in violation of this AUP. The Client will use the Metered Service plans for data or voice of a duration comparable to that of the average business client presently utilizing the Services and will not employ methods, devices, or procedures to take advantage of Metered Services by using the data or voice services excessively or for means not intended by Phonexa. Phonexa considers excessive use to beuse that substantially exceeds the average usage volume or duration used by all other Phonexa Metered Services clients

  1. The following types of services are specifically prohibited and may not be accessed through Phonexa’s metered service plan:
    1. conference calling;
    2. monitoring services;
    3. excessive data transmission; and
    4. transmission of broadcasts or transmission of recorded material.

    Phonexa may terminate the Client’s service or change the Client’s service plan or increase the Client’s usage fees if, in its sole discretion, Phonexa determines that the Client’s use of the Metered Services violates this prohibition or is otherwise “unreasonable” or results in abuse of the Metered Services.

  2. Phonexa considersthe Client’s use of our metered plan to be “unreasonable” and therefore subject to immediate termination if the Client:
    1. re-sells, re-brands, re-supplys, re-markets, or commercially exploits the Metered Services, without Phonexa’s written consent, in order to aggregate traffic from more than one client over a “Metered” line or trunk;
    2. setsup routing functionality such that only outbound traffic is sent over the Metered Services; or
    3. engages in any other conduct which is fraudulent or results in significant network congestion or degradation.
  3. Phonexa considers the Client’s use of the Metered Servicesto be “abusive” and subject to immediate termination or adjustment if the Client:
    1. re-sells, re-brands, re-supplys, re-markets,or commercially exploits the Metered Services, without Phonexa’s written consent, in order to aggregate traffic from more than one client over a “Metered” line or trunk;
    2. setsup routing functionality such that only outbound traffic is sent over the Metered Services; or
    3. engages in any other conduct which is fraudulent or results in significant network congestion or degradation.
  4. Phonexa considers the Client’s use of the Metered Services to be “abusive” and subject to immediate termination or adjustment if the Client
    1. Autodials, with a fraudulent list or unauthorized list or without consumer consent;
    2. Utilizes continuous, repetitive,or extensive call forwarding;
    3. Utilizes continuous call session connectivity;
    4. Utilizes fax broadcasting, with a fraudulent list or unauthorised list or without consumer consent;
    5. Utilizes fax blasting, with a fraudulent list or unauthorised list or without consumer consent;
    6. Telemarkets, with a fraudulent list or unauthorised list or without consumer consent;
    7. Transmit sex cessively large data packets;
    8. Spoofs, strips, or alters the call data stream to disguise the origination or termination of the services;
    9. Routes Services in such a manner as to avoid payphone fees;
    10. Routes Services in such a manner as to arbitrage the costs; and
    11. Any other activity that would be inconsistent with reasonable personal, residential, orbusiness use patterns, causes network congestion or jeopardises the integrity of Phonexa’s network.

2.LAWFUL PURPOSES ONLY

The Client may use the Services only for lawful, proper, and appropriate purposes. The Client may not use the Services in any way that is illegal, improper, or inappropriate. A non-exhaustive list of examples of illegal, improper, or inappropriate uses of the Services includes:

  1. Interfering with Phonexa’s ability to provide the Services to the Clientor other clients, or avoiding the Client’s obligation to pay for the Services within the time frame designated for payment;
  2. Use of the Services to threaten, abuse, harass, defame, deceive, defraud, interfere with, or invade another’s privacy orengage in any similar behavior;
  3. Use the Services for: auto-dialing; continuous, repetitive, or extensive call forwarding, telemarketing (including charitable or political solicitation or polling), fax or voicemail broadcasting, or blasting with a fraudulent list or unauthorised list or without consumer consent;
  4. Use the Services to: impersonate another person; send bulk unsolicited texts or messages; use robots, data mining techniques, or other automateddevices or programs to catalog, download, store, or otherwise reproduce or distribute information from the Services or use any automated means to manipulate the Services;
  5. Violate any law, rule, or regulation; violate any third party’s intellectual property or personal rights; or exceed Client’s permitted access to the Services;
  6. Use or transmit any material protected by copyright, trademark, trade secret, patent, or other intellectual property right without proper authorisation;
  7. Transmit any unlawful, harmful, defamatory, pornographic, obscene, vulgar, or otherwise objectionable messages or material;
  8. Transmit any information in violation of the Patriot Act or which otherwise may be deemed in furtherance of terrorist activity or in breach of the national security of the United States or any other state or nation; and
  9. Use the Services for transmitting or receiving any communication or material of any kind which would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law or encourage conduct that would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law.

3.MONITORING.

Phonexa may monitor the use of the Services for violations of this AUP and the Agreement. Phonexa may, without liability, remove or block all communications if Phonexa suspect a violation of this AUP or the Agreement, or if Phonexa deem sit necessary in order to protect the Services, or Phonexa, its clients, parent, affiliates, directors, officers, agents, and employees from harm.

4.PROVIDING INFORMATION TO AUTHORITIES AND THIRD PARTIES.

Phonexa may disclose such of the Client’s information, as follows: (i) in response to law enforcement or other governmental agency requests; as required by law, regulation, rule, subpoena, search warrant, or court order; (ii) as necessary to identify, contact, or bring legal action against someone who may be misusing the Services; (iii) to protect Phonexa’s rights and property; (iv) or in emergency situations where disclosure of such information is necessary to protect Phonexa clients or third parties from imminent harm.

5.USE OF SERVICES BY CLIENTS OUTSIDE THE SERVICE AREA.

Although the Services may be used for telecommunications or to transmit data to and from foreign countries, the Services are currently designed for optimal performance within the Englandand Wales, certain regions of Scotland, and Northern Ireland (the “Service Area”). The Services are designed to work generally with unencumbered high-speed internet connections. However, if the high-speed internet connection the Client is using is not within a Service Area or Client’s ISP or broadband provider places restrictions on using VoIP services, Phonexa may notallow the Client to use the Services. The Client will be solely responsible for any violations of local laws and regulations or violations of ISP and broadband provider terms of service because of the Client’s use of the Services. All use of Phonexa Service to or from areas outside Service Area is at Client’s own risk

6.THEFT OF SERVICE.

The Client may not use or obtain the Services in any manner that avoids Phonexa policies and procedures, including an illegal or improper manner. The Client will notify Phonexa immediately in writing if the Services have been improperly accessed, fraudulently used, or otherwise being used in an unauthorised manner. When the Client notifies Phonexa of one of these events, the Client must provide its account number and a detailed description of the circumstances of the theft, fraudulent use, or unauthorised use of the Services. If the Client fails to notify Phonexa in writing in a timely manner, Phonexa may disconnect the Service and levy additional charges on the Client. Until Client notifies Phonexa in writing, the Client will remain solely liable for all use of the Services that may be considered stolen, fraudulent, or unauthorised use of the Services up through the date notice is received by Phonexa.

7.SERVICE MODIFICATIONS.

Upon agreeing to use Phonexa’s Service, the Client will designate in writing at least one but no more than three individuals who will be authorised to communicate with Phonexa to make adds, deletes, changes, or other modifications to the Services including cancelling the Service, moving the Service address, or altering the responsible party for the Services. Phonexa will take no instructions unless it receives the instructions from any of the designated individuals. In the event of a dispute within the business of the Client regarding who has the authority to make any modifications to the Services, Phonexa willbe authorised, in its sole discretion, to make its own determination and the decision of Phonexa willbe final.

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