Hosted Voice – Acceptable Use Policy

Any and all use of Next Wave Communications Hosted Voice Services is subject to and conditioned upon compliance with the following Acceptable Use Policy (“AUP”). If you have an Agreement with Next Wave Communications, this AUP is incorporated into and made a part of your Agreement with Next Wave Communications.

The Services (including any device, system, network, or account used in connection with the Services, or the Next Wave Communications Network) may not be used to:

• Illegal activity. Violate any applicable law, including U.S. federal, state, or local laws or regulations, or any applicable law or regulation of any foreign jurisdiction.
• Infringing activity. Infringe, misappropriate, or otherwise violate Next Wave Communications’ or anyone’s rights (including intellectual property, privacy, personality, publicity, or otherwise; or display or use Next Wave Communications’ marks without consent or in violation of Next Wave Communications policies.
• Auto-dialing; trunking; traffic pumping. Perform auto-dialing or “predictive dialing” in an abusive manner; trunk or forward your Next Wave Communications phone or fax number to other numbers that handle multiple simultaneous calls or to a private branch exchange (PBX) or a key system; traffic pumping or access stimulation of calls through the Services or the Next Wave Communications Network.
• Minors. Exploit or harm minors (e.g., expose them to inappropriate content; ask for personally identifiable information without parental consent).
• Interference; transmit viruses. Interfere, inhibit, compromise, or otherwise harm the Services or the Next Wave Communications Network (regardless of intent or knowledge); transmit any material that contains viruses, time or logic bombs, Trojan horses, worms, malware, spyware, or any other programs that may be harmful or dangerous.
• Objectionable activity. Act in an indecent, offensive, threatening, harassing, defamatory, libelous, fraudulent, malicious, disruptive, tortious, or other objectionable manner; or create a false caller ID identity (i.e., ID spoofing), forge addresses or headers, or otherwise mislead others about a sender’s identity or origin.
• Driving; safety. Use while driving or otherwise in an unsafe manner.
• Harvest information; spam; bulk messages. Harvest or collect information about third parties or End Users without consent; send bulk communications or other content without the recipient’s consent.
• Excessive or unauthorized use. Use any device, system, network, account, plan, or the Services in an unauthorized manner or in excess of reasonable business use.
• Circumvent compliance or security. Take advantage of, bypass, exploit, defeat, disable, or otherwise circumvent limitations of the Services, security mechanisms, or compliance with this AUP or any law.
• Interception. Intercept, capture, sniff, monitor, modify, emulate, decrypt, or redirect any communication or data for any purpose.

Resale Prohibited. Customer may not sell, resell, sublease, assign, license, or sublicense the Services or any component thereof or use or offer the same on a service-bureau or time-sharing basis.

High Risk Use Prohibited. THE SERVICES ARE NOT DESIGNED, MANUFACTURED, INTENDED, OR RECOMMENDED FOR USE FOR ANY HIGH-RISK OR FAIL-SAFE PURPOSE OR ACTIVITY OR IN ANY ENVIRONMENT WHERE FAILURE, INTERRUPTION, MALFUNCTION, ERROR, OR UNAVAILABILITY COULD RESULT IN SUBSTANTIAL LIABILITY OR DAMAGES, PHYSICAL HARM OR PERSONAL INJURY, DEATH OR DISMEMBERMENT, OR PROPERTY OR ENVIRONMENTAL DAMAGE. CUSTOMER SHALL NOT USE THE SERVICES FOR ANY SUCH PURPOSE OR ACTIVITY OR IN ANY SUCH ENVIRONMENT.

The list above is not exhaustive or exclusive. For purposes of this AUP, “End User” means an individual user of the Services, and may be a natural person, and may include but is not limited to a Customer’s employees, consultants, clients, external users, invitees, contractors and agents. Except as otherwise provided, terms defined in the Agreement have the same meanings when used in this AUP. The Services must be used only in accordance with and subject to Next Wave Communications’ Emergency Services Policy and Privacy Notice.

Next Wave Communications may act immediately and without notice to suspend or terminate the Services if, in Next Wave Communications’ sole discretion, Customer’s or its End Users’ use of the Services violates the terms of this Acceptable Use Policy.