Fontalk Plans. Your Fontalk Service is provided by Fontalk Inc., including its affiliates assigns, and agents (“Fontalk,” “Fontalk,” “we,” “us” or “our”). Fontalk reserves the right to periodically review usage levels, including voice and data usage, of Fontalk Service plans (“Fontalk Plans”) to ensure that you are not using a Fontalk Plan in a manner that we consider, in our sole discretion, to be in violation of this Acceptable Use Policy (“AUP”), and if such an abuse or violation is discovered to terminate or adjust the plan as appropriate. In addition, data speeds may be slowed and/or deprioritized for subscribers who we determine (in our sole discretion) have violated Sections 3 or 4 of this Acceptable Use Policy. You agree to use the voice portion of your Fontalk Plan for traditional voice calls between two individuals of a duration comparable to that of the average individual customer presently utilizing a Fontalk Plan and will not employ methods, devices, or procedures to take advantage of your Fontalk Plan by using the plan excessively or for means not intended by Fontalk. Excessive use of the voice portion of your Fontalk Plan is defined by Fontalk as use that materially exceeds the average call volume or duration used by all other Fontalk customers that have purchased a Fontalk Plan. You further agree to use the data portion of your Fontalk Plan for traditional Web browsing, messaging, and similar activities on the Device (as defined in the Fontalk Plans Terms & Conditions), and will not employ methods, devices, or procedures to take advantage of your Fontalk Plan by using the plan excessively or for means not intended by Fontalk, in violation of any of the prohibitions above or below. Fontalk may terminate your Service or change your Service plan if, in its sole discretion, Fontalk determines that your use of your Fontalk Plan violates any of these prohibitions or is otherwise “unreasonable” or results in abuse of the Fontalk Plan.
International Long Distance Service. Fontalk may limit the number of unique international phone numbers your phone will be allowed to call to 20 unique international phone numbers per 30-day Service term; based on the international destinations covered by your plan. In such event, the 20 unique international numbers count will automatically reset when your next 30-day Service term begins, unless you purchase a new Fontalk Plan prior to the start of your next Service term. Please visit the Fontalk website to learn more about the specific features and offerings regarding any international long distance services we may provide. All international long distance services included in our Service plans are handled by a third party not affiliated with Fontalk, and are delineated on your receipts separately from the services provided by Fontalk.
We consider your use of one of our Fontalk Plans to be “unreasonable” or “abusive” and therefore subject to immediate termination or adjustment if, among other things, we determine in our sole discretion that you have done (or, based on other types of behavior, you may do) any of the following:
a. re-sell, re-brand, re-supply, re-market or commercially exploit a Fontalk Plan
b. set up routing functionality such that only outbound long-distance traffic is sent over the Fontalk Plan
c. engage in excessive roaming of any kind (including voice and/or data) outside of Fontalk’s supplier’s network, including but not limited to extended international roaming, using the Fontalk service while residing outside the U.S., and/or any other usage we deem inconsistent with reasonable personal use patterns primarily within the U.S.
d. abuse any promotional or other terms and conditions, including without limitation by misrepresenting you status as a “new customer:
e. engage in any other conduct which is fraudulent or otherwise may result in significant network congestion or degradation, or interferes with our operations, reputation or ability to provide quality service to our customers, including without limitation any number of credit card “chargebacks” and/or excessive purchases (and/or attempted purchases) of products and/or services relating to your Fontalk Plan in any given month;
f. engage in autodialing;
g. engage in continuous, repetitive or extensive call forwarding;
h. engage in continuous call session connectivity, including the use of a Fontalk Plan for continuous mobile to mobile or mobile to landline voice calls;
i. engage in telemarketing;
j. use your Fontalk Plan as a substitute or backup for private lines or dedicated data connections;
k. use your Fontalk Plan for automated text or picture messaging to another mobile device or email address;
l. upload, download or stream continuous video or audio;
m. “spam” or engage in other abusive or unsolicited communications, or any other mass, automated voice or data communications for commercial or marketing purposes;
n. use your Fontalk Plan in connection with server devices or host computer applications, including continuous Web camera posts or broadcasts, automatic data feeds, automated machine to machine connections, voice or SMS relay, or peer to peer (P2P) file sharing;
o. use your Fontalk Plan in connection with software or other devices that maintain continuously active Internet connections when a computer’s connection would otherwise be idle, or “keep alive functions (e.g., using a Fontalk Plan for Web broadcasting, operating servers, telemetry devices and/or supervisory control and data acquisition devices);
p. use your Fontalk Plan to relay voice calls and text or picture messages not originated from your Fontalk device; or
q. engage in any other activity that would be inconsistent with reasonable personal use patterns primarily within the U.S., causes network congestion, interferes with our operations, and/or jeopardizes the integrity of Fontalk’s supplier’s network.
Lawful purposes only. You may use the Fontalk Service for lawful, proper and appropriate purposes. You may not use our Service or your Device in any way that is illegal, improper or inappropriate. A non-exhaustive list of examples of illegal, improper or inappropriate uses of our Service includes:
a. Interfering with our ability to provide Service to you or other customers, or avoiding your obligation to pay for the Service within the time frame designated for payment.
b. Use of the Service to threaten, abuse, harass, defame, deceive, defraud, interfere or invade another’s privacy or engage in any similar behavior.
c. Use of the Service for: auto-dialing; continuous, repetitive or extensive call forwarding; telemarketing (including charitable or political solicitation or polling); or fax or voicemail broadcasting or blasting.
d. Use of the Service to: impersonate another person; send bulk unsolicited messages; or use robots, data mining techniques, or other automated devices or programs to catalog, download, store, or otherwise reproduce or distribute information from our Service or use any automated means to manipulate our Service.
e. Violate any law, rule, or regulation; violate any third party’s intellectual property or personal rights; or exceed your permitted access to our Service.
f. Use of the Service 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.
g. Use of the Service to access, or attempt to access without authority, the information, accounts or devices of others, or to penetrate, or attempt to penetrate, Fontalk’s or its network supplier’s network or systems.
h. Use of the Service to generate or disseminate viruses, malware or “denial of service” attacks.