This Acceptable Use Policy (“AUP”) describes actions by you, a user or Customer of USIP Communications Phonebooth services (“you” or “User”), that are prohibited by USIP Communications Inc. and its affiliates and subsidiaries (“USIP Communications,” “we,” or “our”). Services means any communications services offered by USIP Communications from time to time for use in connection with Phonebooth, including, without limitation Phonebooth OnDemand, Phonebooth Softphone, Phonebooth Free and Phonebooth Mobile (“Services”).

This AUP is a contract between you and USIP Communications. By using the Services, you agree to this AUP. Please read this AUP carefully. If you do not accept this AUP, do not use any of the Services.

USIP Communications may modify all or any part of this AUP from time to time without notice to you; you should check back often so you are aware of your current rights and responsibilities. Your continued use of the Services after changes to the AUP have been published means you accept the updated AUP. If at any time the AUP is no longer acceptable to you, you should immediately stop all use of the Services.

Prohibited uses:

You may use the Services only for lawful purposes and in accordance with this AUP and the Terms and Conditions, Service and License Agreement, and any applicable Supplements (as posted on www.Phonebooth.com/legal).

You agree not to use the Services:

1. In any way that violates any applicable federal, state, local, or international law or regulation.

2. In any manner that could disable, overburden, damage, or impair the Services or the Network operated by USIP Communications (“Network”) or interfere with any other party’s use of the Services or the Network.

3. In any attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Network or any server, computer, database, or other resource or element connected to the Network.

4. In any effort to violate or knowingly facilitate the violation of the security or integrity of the Services or the Network.

5. To otherwise attempt to interfere with the proper working of the Services or the Network.

6. To engage in threatening, abusive, harassing, defamatory, libelous, deceptive, or fraudulent behavior.

You agree not to use the Services or Network to/for:

• Post multiple messages similar in content to Usenet or other newsgroups, listservs, forums, e-mail mailing lists or other similar groups or lists;

• Call, message, store, poste or transmit harassing, threatening or abusive materials, e-mail or information;

• Post or transmit any information or software that contains a virus, worm, malware, Trojan horses, cancelbot or other items of a destructive nature;

• Do any of the following without permission from the owner of a system or network: (a) access the system or network, (b) monitor data or traffic, (c) probe, scan, and/or test firewalls, (d) test the vulnerability of a system or network or (e) breach the security or authentication routines of a system or network;

• Conduct or forward surveys, contests, pyramid schemes, charity requests or chain letters;

• Relay e-mail in an anonymous fashion or forging any TCP-IP packet header;

• Interfere with a system or network, including but not limited to, mailbombing, flooding, overloading, or attacking;

• Send unsolicited calls, messaging, e-mailings (including, without limitation, commercial advertising and informational announcements) if such unsolicited activities could reasonably be expected to or do in fact provoke complaints;

• Operate a server in connection with the Services in an “open relay” configuration (a configuration whereby a mail server processes email messages where neither the sender nor the recipient is a local user);

• Falsify User or other identifying information provided to USIP Communications or to other Users of the Services;

• Use the Services in violation or any trademark, copyright, or any other intellectual property protection law or provision, or in violation of a third-party provider AUP;

• Use the Services for the purposes of engaging in an activity in connection or conjunction with any pornographic and/or adult entertainment industry purpose, regardless of whether such activity is lawfully permitted;

• Robo-dial, auto-dial or predictive-dial;

• Conference call participation or continuous or extensive chat line,

• Use of free conference calling or similar services that USIP Communications, in its sole discretion, deems to participate in traffic stimulation practices or schemes that result in excessive charges;

• Use of an open telephone line as a monitoring, intercom, or similar service;

• Repetitive and/or continuous messaging or calling to the same destination or number if such activity could reasonably be expected to or in fact does provoke complaints;

• Long duration calls (defined as calls to the same number in excess of four continuous or cumulative hours within a 24-hour period) and/or calls placed to specific numbers/destinations for the purpose of generating charges or fees for or with a third party;

• Use of call Services which do not consist of uninterrupted live human voice dialog by and between natural human beings;

• Restricting or inhibiting any other User or any other person from using and enjoying the Services, Network and/or the internet; or

• Engaging in any of the foregoing activities by using the services of another provider or third-party and channeling such activities through an account provided by USIP Communications, or otherwise involving the Services or any USIP Communications account in any way with or without another provider or third-party for the purpose of facilitating the foregoing activities. 

Monitoring and enforcement:

USIP Communications, in its sole discretion, will determine whether your conduct is in compliance with this AUP. We have the right to:

• Monitor your use of the Services and Network for any purpose in our sole discretion and as we see fit.

• Take any action we deem necessary or appropriate in our sole discretion if we believe a user’s conduct violates this AUP, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or Network or the public, or could create liability for USIP Communications.

• Disclose your identity or other information about you to any third-party who claims they have been harmed by your failure to abide by this AUP.

• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services or Network.

• Terminate or suspend your access to all or part of the Services for any violation of this AUP any charge for any applicable rates and cancellation/termination fees.

Violation of this AUP may result in civil or criminal liability, in addition to any remedy we may have at law or in equity. We may bring legal action to enjoin violations and/or collect damages caused by any violation of any part of this AUP. Any violations or attempted violations of this AUP by you (or any third-party on your behalf or at your direction) will constitute a violation of this AUP and a material breach of any applicable customer agreement, including, without limitation, any applicable terms of service and/or supplements to any applicable agreement(s).

Limitation of liability

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL USIP COMMUNICATIONS BE LIABLE TO YOU OR A THIRD-PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, CONSEQUENTIAL, LOST PROFITS, LOSS OF PROGRAMS OR DATA, LOSS OF USE, LOSS OF REVENUE, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR ANY OTHER DAMAGES WHATSOEVER ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THE SERVICES OR NETWORK, DIRECTLY OR INDIRECTLY, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THIS LIMITATION OF LIABILITY IS IN ADDITION TO ANY LIMITATIONS SET FORTH IN ANY WRITTEN AGREEMENT BETWEEN USIP COMMUNICATIONS AND YOU AND WILL APPLY WHETHER THE ACTION IN WHICH RECOVERY IS SOUGHT IS BASED IN CONTRACT OR TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), OR ANY APPLICABLE LAWS.

IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THIS AUP, USIP COMMUNICATIONS IS FOUND TO BE LIABLE TO YOU FOR ANY CLAIM, DAMAGE, OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE USIP COMMUNICATIONS SERVICES OR NETWORK, USIP COMMUNICATIONS’S LIABILITY SHALL IN NO EVENT EXCEED US $100.00. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.

No waiver and jurisdiction

Our failure or neglect to enforce any of our rights under this AUP will not be construed as a waiver of that or any other rights we have. This AUP will be read in connection with any written agreement between USIP Communications and you and not in conflict with any such agreement(s) or supplements.

Subject to any arbitration, forum or choice of law provisions of any written agreement between USIP Communications and you: (i) this AUP will be governed by, construed under, and enforced in accordance with the laws of the State of North Carolina without reference to its choice of law principles or the United Nations Convention on the International Sale of Goods; and (ii) in the event any party brings a civil action or initiates judicial proceedings of any kind related to this AUP (except for actions to enter or collect on judgments), you consent to the exclusive personal jurisdiction and venue of the federal and state courts located in Wake County, North Carolina. If any of the provisions of this AUP is held void or unenforceable, such provisions will be limited or eliminated to the minimum extent necessary and replaced with a valid provision that maintains the intent of this AUP so that this AUP shall remain in full force and effect and such holding will not impair the validity, legality, or enforceability of the remaining provisions. The section headings contained in this AUP are for reference purposes only and shall not affect the meaning or interpretation of this AUP.

If you have any questions about this AUP, please contact:

Attn: General Counsel
USIP Communications Inc.
3201 Northside Dr. Suite 109
Raleigh, North Carolina 27615