Effective Date: October 21, 2019
Vonage has created this Acceptable Use Policy (“AUP”) to ensure the responsible, fair and reasonable use of Vonage’s networks, services, systems, websites and products (collectively, the “Vonage Products and Services”) by our customers and other users of Vonage Products and Services (collectively, the “User(s)”), and to enable Vonage to provide Users with reliable, secure and efficient services. By contracting for or using Vonage Products and Services, in addition to any other agreements Users may have entered into with Vonage, Users agree to be bound by the terms of this AUP. Vonage reserves the right to modify this AUP at any time and in its sole discretion pursuant to the relevant Vonage terms of service (“Service Terms”). Any use of Vonage Products and Services after such modification constitutes acceptance of the AUP as revised.
Any User that Vonage Business determines to have violated any element of this AUP may be subject to suspension or termination of service, with or without notice. Vonage Business has the right, but not the obligation, to take further action as Vonage Business determines to be appropriate under the circumstances to eliminate or preclude repeated violations. Vonage Business shall not be liable for any damages of any nature suffered by any User, or any third party, resulting in whole or in part from Vonage Business’s exercise of its rights under this AUP.
Any User that Vonage determines in its sole discretion to have violated any element of this AUP may be subject to suspension or termination of service, with or without notice pursuant to this AUP and the Service Terms. Vonage has the right, but not the obligation, to take further action as Vonage determines to be appropriate under the circumstances to eliminate or preclude repeated violations. Vonage shall not be liable for any damages of any nature suffered by any User, or any third party, resulting in whole or in part from Vonage’s exercise of its rights under this AUP.
Vonage Products and Services must be used for lawful purposes only and in a manner consistent with the intended purpose of Vonage Products and Services. Users shall not use Vonage Products and Services to distribute, record, transmit, post, receive, use or store any type or kind of material that:
- is illegal, improper or inappropriate
- may expose Vonage to criminal liability;
- may adversely affect Vonage Products and Services or other Vonage customers or Users;
- is threatening, abusive, harassing, defamatory, libelous, deceptive, or invades another's privacy; or
- constitutes any similar behavior
Users are further prohibited from facilitating the violation of this AUP and from violating or facilitating the violation of another provider’s AUP, including distributing, transmitting, posting, receiving, using, storing or otherwise providing any product or service that violates this AUP or another provider’s AUP. Should a User accesses another provider or network using the Vonage Products and Services, such User must comply with the provider or network’s rules and policies. User agrees to indemnify, defend and hold Vonage harmless from all claims, damages, losses and expenses (including attorneys’ fees and expenses) resulting from or allegedly resulting from such User’s access or use of other providers or networks.
Removing or Blocking Communications
Vonage may remove or block communications including calls to certain countries determined solely by Vonage if Vonage suspects a violation of this AUP, or if Vonage deems it necessary in order to protect Vonage Products and Services, Vonage’s network, employees, customers or third parties from harm, fraud, and/or if required by Applicable Law. Vonage may take such action without advanced notice if required to protect Vonage and other Vonage customers in Vonage’s sole discretion. Any permitted removal of blocks to certain countries requires a written waiver of liability by Customer.
Users shall not use Vonage Products and Services to distribute, record, transmit, post, receive, use or store material that is inappropriate, as reasonably determined by Vonage, or material that is obscene (including child pornography), defamatory, libelous, threatening, abusive, hateful or excessively violent.
Users shall not use Vonage Products and Services to distribute, record, transmit, post, receive, use or store material that may be harmful to, or interfere with, Vonage Products and Services or any third party’s systems, networks, web sites or services. Such prohibited content includes, but is not limited to worms, viruses, or Trojan horses.
Fraudulent or Misleading Content
Users shall not use Vonage Products and Services to distribute, record, transmit, post, receive, use or store material containing fraudulent offers for products or services, or any advertising or promotional materials that contain deceptive, false or misleading statements, representations or claims. Users are prohibited from submitting any false or inaccurate data on any order form, contract or online application, including the fraudulent use of credit cards.
Unsolicited Messages (Email & Text Messages)
Users shall not use Vonage Products and Services to transmit unsolicited email or text messages including, without limitation, unsolicited bulk email or text messages, where such emails or texts could reasonably be expected to provoke complaints (“spam”). Users are prohibited from using the services of another provider to distribute spam or to promote a site hosted on or connected to Vonage Products and Services. Users shall not use Vonage Products and Services to:
- send messages that are excessive or intended to harass others;
- continue to send messages to a recipient that has indicated that recipient does not wish to receive them;
- send messages with forged TCP/IP packet header information;
- send malicious messages, including “mail bombing”; or
- end or receive messages in a manner that violates the policies of any other provider.
Material accessible through Vonage Products and Services may be subject to protection under publicity, privacy or other personal and intellectual property rights. Such rights include, but are not limited to, copyrights, patents, trade secrets, trademarks or other proprietary information. Users shall not use Vonage Products and Services in any manner that would breach, dilute, misappropriate or otherwise violate any such rights. Users must not use a domain name in connection with any Vonage Products and Services, and must not use that domain name in violation of the trademark, service mark or other rights of any third party.
Third Party Rules
Users may have access through Vonage Products and Services to search engines, chat rooms, bulletin boards, Web pages and services or other services that publish rules, guidelines or agreements to govern their use. Users must adhere to any such rules, guidelines or agreements.
Users shall not use Vonage Products and Services to conduct activities that may be harmful to, or interfere with, Vonage Products and Services or any third party’s networks, systems, services, or Web sites, and shall not reverse engineer any Vonage Products or Services. This includes, but is not limited to, mail bombing, flooding or denial of service attacks. Users are prohibited from violating or attempting to violate the security of Vonage Products and Services, or the computers, accounts, or networks of another party. Users are prohibited from any activity considered a precursor to attempted security violations, including any form of probing, scanning or other testing of information gathering activity. Inappropriate activity may result in civil or criminal liability. Vonage will investigate such activity, and may involve and cooperate with law enforcement authorities in prosecuting Users involved in such activity.
Responsibility for Content
Vonage assumes no responsibility for any material created, submitted, or accessible on or through Vonage Products and Services. Vonage is not obligated to monitor or exercise any editorial control over such material, but reserves the right to do so. Should Vonage become aware that any such material may violate this AUP or expose Vonage to civil or criminal liability, Vonage reserves the right to block access to such material and suspend or terminate any User creating, recording, storing or disseminating such material. Vonage further reserves the right to cooperate with legal authorities and third parties in the investigation of alleged wrongdoing, including disclosing the identity of the User that Vonage deems responsible for the wrongdoing.
Fair and Reasonable Use
Vonage desires that Users understand the intended and permissible uses of Vonage Products and Services, and further desires to prevent fraud, exploitation and abuse of certain Vonage calling plans and features. Vonage’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 Vonage’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, resellers, fax messaging services, 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 Vonage business customers may cause extreme network capacity and congestion issues and interfere with Vonage's network and the third party networks with which Vonage connects for call initiation and completion services. Any use of the Vonage Products and Services or any other action that causes a disruption in the network integrity of Vonage Products and Services or its vendors, whether directly or indirectly, is strictly prohibited and may result in suspension or termination of the Services.
- Evaluation of Usage. Vonage evaluates Customer usage in comparison to typical levels of permissible usage engaged in by Vonage's customers. The following is a non-exhaustive list of impermissible uses under Vonage's calling plans and is considered outside of normal use, whether obtained directly from Vonage, an authorized reseller, or from a co-branded Vonage partner:
- aggregate outbound domestic long distance calling exceed 3,000 minutes per subscriber line (i.e., hosted seat) per month pooled across all customer subscriber lines;
- aggregate inbound domestic toll free calling exceeds 500 minutes per subscriber line per month per month pooled across all customer subscriber lines; or
- facsimile pages exceed 500 pages per individual subscriber line per month.
Review of Usage. Vonage reserves the right to review usage of the Service(s) to ensure that customers are not abusing or excessively using Vonage Products and Services, and Vonage may suspend or terminate service pursuant to this AUP and the Service Terms if it determines, in its sole discretion, Customer is abusing the Vonage Products and Services. Prior to taking such action, Vonage Business will attempt to contact the Customer to discuss the cause for the excessive or abusive use.
As a guide, in combination with other factors as described herein, Customer may be considered to be in violation of this AUP when any of the following occur:
- aggregate outbound domestic long distance calling exceeding 3,000 minutes per Unlimited Extension or Premier seat per month pooled across all customer Unlimited Extension or Premier seat lines;
- aggregate inbound domestic toll free calling exceeding 500 minutes per Unlimited Extension toll free number or Premier seat toll free number per month pooled across all customer toll free number lines;
- facsimile pages exceeding 500 pages pooled across all customer facsimile lines per month (excluding Personal Fax); or
- personal facsimile pages exceeding 500 pages per personal fax line per month (assigned to a single extension)
In addition, Vonage Products and Services may not be used for any of the following prohibited uses (which are in addition to the other prohibited uses under this AUP or otherwise applicable to the Vonage Products and Services):
- 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 unless Customer has purchased the Vonage call center service, “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 outbound calls); or
- use an email box exclusively as storage space for data.
Vonage reserves the right to review Users’ accounts at any time for potential abuses of this AUP. Vonage may determine abnormal or abusive usage as stated herein. If Vonage identifies excessive or abusive traffic patterns, Vonage Business reserves the right to change Users’ applicable calling and/or rate plan or suspend or terminate the relevant Vonage Business Products and Service(s) with advanced notice provided Customer responds to such notice. In the event Vonage provides notice and Customer fails to respond within the timeframe indicated in the notice, Vonage reserves the right to suspend the excessive or abusive activity, and change the applicable calling and/or rate plan in its sole discretion thereafter.
Excessive Usage. If it is determined that Customer's usage is excessive or abusive, Customer agrees to pay a per minute, per page fee for use in excess of typical levels at the then current rate established by Vonage, of up to $.06 per minute for voice calls and/or up to $.06 per facsimile page. THIS OVERAGE FEE APPLIES TO ALL PLANS INCLUDING THE UNLIMITED PLANS, IF USE EVIDENCES PATTERNS OF ABUSIVE OR PROHIBITED USE RELATIVE TO NORMAL USE GUIDELINES. A Customer's aggregate usage may be considered outside of normal use if it is excessive or abusive as described above. If Vonage Business affords Customer the opportunity to correct abnormal usage patterns and Customer fails to immediately conform to normal use, Vonage 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 Vonage’s Products and Service(s) pursuant to the Service Terms.
Backup Wireless Service. Any Backup Wireless Service offered by Vonage is not intended to be used as Customer’s primary internet access source. It is to be used only as a backup/failover service in the event Customer’s primary internet connectivity is materially degraded or unavailable. In the event Vonage determines that Customer is utilizing the Backup Wireless Service as primary access and not as a backup service (whether or not such plan contemplates overage charges), Vonage reserves the right to suspend or terminate such Service with prior written notice to Customer, and Customer shall be liable for all costs and charges associated with any such use, including any overage and other charges and costs incurred by Vonage. Vonage also reserves the right to throttle or reduce Service as needed due to Customer’s recurring overages or prohibited use or in order to protect its network, its obligations to its wireless carriers and mitigate its costs, which may adversely impact Customer’s other Vonage Products and Services, in which case Vonage shall not be liable to Customer for such impacts or be subject to service credits or Customer’s termination rights on account of such actions. Vonage shall not be responsible for any Service issues arising from such improper use including but not limited to Service Level Credits, outages and degradation of call quality.