Acceptable Use Policies

 

  1. Scope. CallHarbor Inc. (“CALLHARBOR”) Acceptable Use Policies ("Policies") set forth below defines acceptable practices for using any of CALLHARBOR's services that provide access to the CALLHARBOR network (the "Service").

 

These Policies are designed to assist in protecting the quality of CALLHARBOR’s Service, CALLHARBOR’s Users and the Internet community as a whole from improper and/or illegal activity over the Internet. Users are generally expected to behave in a reasonable fashion and to adhere to commonly accepted practices of the Internet community.

For the most part, simply exercising good judgment and common sense while using the Service should enable Users to remain within the purview of acceptable conduct as further described in these Policies. The categories listed below are intended merely to serve as guidelines regarding appropriate and inappropriate conduct.

                                                       

  1. As used in this Acceptable Use Policy, the terms shall have the respective meanings set forth below:
    1. Service. Includes CALLHARBOR’s networks (also referred to as, “Network”), systems, services, and products that utilize, or are utilized in connection with, CALLHARBOR's networks, machinery, intellectual property or other instrumentality owned by CALLHARBOR.
    2. Users. All persons who have gained access to the Service through Customer’s account including Customer.
    3. Customer or You. Includes all persons who have contracted with CALLHARBOR for Service.
    4. Persons. Includes natural persons, corporations and other legal entities within common interpretation.
    5. Terms not Defined. All other terms not defined in Paragraph 2 should be interpreted with their common meaning within the usage of trade.

 

  1. Responsibility of Customer. Customer is responsible for its own violations or Users violations of these Policies. While it is not CALLHARBOR’s intent to control or monitor Customer’s online experience or content of online communications, CALLHARBOR may edit or remove content that is deemed to be in violation of the Policies or that it otherwise deems harmful or offensive. The Policies apply to all aspects of the Service, including e-mail, USENET postings, chatting, and browsing.
    1. Customer is entirely responsible for maintaining the confidentiality of its passwords, account information and security of its network.
    2. Furthermore, Customer agrees to immediately notify CALLHARBOR of any unauthorized use or breach of security to Customer’s account.

 

  1. Rights of CALLHARBOR. If Users engage in conduct while using the Service that is in violation of the Policies or is otherwise illegal or improper, CALLHARBOR reserves the right to suspend and/or terminate the Service or the User's access to the Service. Where appropriate, CALLHARBOR will attempt to notify User of any activity in violation of the Policies and request that User cease such activity. However, in cases where the viability of the Service is threatened or cases involving UCE/SPAM, mail relaying, alteration of source IP address information, denial of service attacks, harassment or copyright infringement, nuisance or any other illegal activity, CALLHARBOR reserves the right to suspend the Service or the User's access to the Service without prior notification.

 

In addition, CALLHARBOR may take any appropriate action, legal or otherwise, against User for violations of the Policies or federal or state law. Furthermore, CALLHARBOR makes no promise, nor alleges any obligation, to monitor or police activity occurring via the Service.

 

  1. Conformance with Policies of Other ISPs. In situations where data communications are carried across networks of other Internet Service Providers (“ISPs”), users of the Network must also conform to the applicable acceptable use policies of such other ISPs.

 

  1. Filters. Filters against particular networks or traffic types are generally available for Customers and Users from a variety of sources. In addition, in certain circumstances and for an applicable fee, CALLHARBOR may be able to install other filters upon the customer's request.

 

 

  1. Users of the Network are responsible for configuring their own systems to provide the maximum possible accountability. For example, Users should ensure that there are clear "path" lines in news headers so that the originator of a post may be identified. Users should also configure their Mail Transport Agents (“MTA”) to authenticate (by look-up on the name or similar procedures) any system that connects to perform a mail exchange, and should generally present header data as clearly as possible. Users should maintain logs of dynamically assigned IP addresses.

 

  1. Unauthorized Access/Interference. Users may not attempt to gain unauthorized access to, or attempt to interfere with or compromise the normal functioning, operation, or security of any network, system, computing facility, equipment, data, or information. Users may not use the Service to engage in any activities that may interfere with the ability of others to access or use the Service or the Internet. Users may not use the Service to monitor any data, information, or communications on any network or system without authorization. Users may not attempt to gain unauthorized access to other User accounts or passwords.
    1. Users of the CALLHARBOR Network are responsible for educating themselves and configuring their systems with basic security. Should User's security systems be attacked, User is responsible for reporting the violation and then fixing the exploited system.
    2. Users are prohibited from intentionally or negligently injecting false data into the Internet. Examples may include, User injecting bad routing information (including but not limited to the announcing of networks owned by someone else or reserved by the Internet Assigned Numbers Authority) or incorrect DNS information.

 

  1. UCE/Spamming/Mailbombing. Users may not use the Service to transmit excessive volumes of unsolicited commercial e-mail messages or deliberately send excessively large attachments to one recipient. Any unsolicited commercial e-mail messages or a series of unsolicited commercial e-mail messages or large attachments sent to one recipient constitutes Unsolicited Commercial E-mail ("UCE") and is prohibited. In addition, "spamming" or "mailbombing" is also prohibited. Use of the service of another provider to send UCE, spam or mailbombs, to promote a site hosted on or connected to the CALLHARBOR network, is similarly prohibited. Likewise, Users may not use the Service to collect responses from mass unsolicited e-mail messages.

 

  1. Spoofing/Fraud. Users may not attempt to send e-mail messages or transmit any electronic communications using a name or address of someone other than the User for purposes of deception. Any attempt to impersonate someone else by altering source IP address information or by using forged headers or other identifying information is prohibited. Any attempt to fraudulently conceal, forge, or otherwise falsify a User's identity in connection with use of the Service is prohibited.

 

  1. E-Mail Relay. Any use of another party's electronic mail server to relay e-mail without express permission from such other party is prohibited.

 

  1. USENET Postings. All postings to USENET groups must comply with that group's charter and other policies. Users are prohibited from cross-posting to unrelated news groups or to any news groups where the post does not meet that group's charter. Continued posting of off-topic messages, including commercial messages (unless specifically invited by charter), is prohibited. Disrupting newsgroups with materials, postings, or activities that are (as determined by CALLHARBOR in its sole discretion) unlawful, obscene, threatening, abusive, libelous, hateful, excessive, or repetitious, unless such materials or activities are expressly allowed or encouraged under the newsgroup's name, FAQ, or charter, is strictly prohibited.

 

  1. International Calling. You agree to pay for all charges for international calls, including but not limited to those placed by You or Your customers, and those that are a result of fraudulent activity, fraudulent international calling, or a compromise of your system’s security resulting in increased consumption of Services.

 

  1. Illegal Activity. Users agree to use the Service only for lawful purposes. Use of the Service for transmission, distribution, retrieval, or storage of any information, data, or other material in violation of any applicable law or regulation (including, where applicable any tariff or treaty) is prohibited. This includes, without limitation, the use or transmission of any data or material protected by copyright, trademark, trade secret, patent, or other intellectual property right without proper authorization and the transmission of any material that constitutes an illegal threat, violates export control laws, or is obscene, defamatory, or otherwise unlawful. CALLHARBOR fully cooperates with any and all federal and state investigatory and prosecutorial government agencies including the National Center for the Missing and Exploited Children or other designated agencies.
  1. Other Prohibited Activities. The following activities are also prohibited:

    1. Attempting to intercept, redirect, or otherwise interfere with communications intended for others.
    2. Intentionally transmitting files containing a computer virus or corrupted data.
    3. Furnishing false or incorrect data to CALLHARBOR on written or online applications, contracts, or other materials or information provided to CALLHARBOR, including fraudulent use of credit card numbers or "bill to" telephone numbers.
    4. Attempting to circumvent or alter the processes or procedures to measure time, bandwidth utilization, or other methods to document use of CALLHARBOR's services.

 

  1. Privacy. Because the Internet is an inherently open and insecure means of communication, any data or information a User transmits over the Internet may be susceptible to interception and alteration. CALLHARBOR makes no guarantee regarding, and assumes no liability for, the security and integrity of any data or information a User transmits via the Service or over the Internet, including any data or information transmitted via any server designated as "secure."

 

  1. Additional Terms and Conditions. The use of the Network by Customer is subject to the terms and conditions of any agreements entered into by such Customer with CALLHARBOR. This Acceptable Use Policy is incorporated into such agreements by reference.

 

  1. Limitation of Liability. CALLHARBOR SHALL NOT BE LIABLE FOR ANY AND ALL: INDIRECT, INCIDENTAL, GENERAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OR BUSINESS OPPORTUNITY OR LOSS OF USE, EVEN IF YOU ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, TO YOU FOR A BREACH OF THIS AGREEMENT, OR AN ORDER FORM OR WRITTEN POLICY OF CALLHARBOR. IN THE EVENT OF A BREACH OR FAILURE OF ANY OBLIGATION OF CALLHARBOR, YOUR DAMAGES SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SERVICE FOR THE PRECEEDING 3 MONTHS. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, YOU AGREE TO ACCEPT THE SERVICE ON AN “AS-IS” NON-WARRANTABLE BASIS. CALLHARBOR EXPRESSLY DISCLAIMS THE WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE REGARDING THE PROVIDING OF GOODS AND SERVICES TO YOU.

 

  1. Risk of Loss. At all times, the risk of any loss, damage or destruction of any of Customers assets, equipment or property provided or maintained by CALLHARBOR, from fire, water damage, theft or other casualty will be born by Customer at all times. Customer shall be solely responsible for insuring said property and filing insurance claims for losses associated therewith. If CALLHARBOR is aware of loss or casualty to Customer’s property, CALLHARBOR will immediately notify buyer stating the extent of loss or damage incurred and the cause, if known.

 

  1. Hold Harmless. Customer agrees to indemnify, defend, and hold CALLHARBOR harmless, as well as its subsidiaries, affiliates, officers, directors, employees, agents, licensors, consultants, suppliers, and any third- party Web site provider, from and against all claims, demands, actions, liabilities, losses, expenses, damages, judgments and costs, including attorneys' fees, resulting from Customer’s violation of this Policy, misuse or abuse of the Service, or infringement thereof by Customer or Users of Customer’s account.
    1. CALLHARBOR reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Customer.
    2. Customer shall not in any event accept a settlement of any dispute relating to this contract without prior written consent of CALLHARBOR.

 

  1. Statute of Limitations. You agree that any claim against CALLHARBOR, whether arising in tort, contract or otherwise, must be brought within 6 months of the date giving rise to the claim.

 

  1. Modifications. CALLHARBOR reserves the right to modify this Acceptable Use Policy at any time without prior notice. Wherever possible, CALLHARBOR will attempt to notify Customer of any such modifications by e-mail.
  2. Acknowledgment. By using the Service, Customer acknowledges that Customer and Customer’s users that have gained access to the Service through Customer’s account (collectively "Users"), have read, understood, and agreed to abide by these Policies.

 

  1. Waiver. The waiver or breach of any provision of the Policies or any agreement of CALLHARBOR shall not operate or be construed as a waiver of any subsequent or similar breach, and the balance of the Policies and agreements shall remain enforceable and in full effect.

 

  1. Prohibition on Resale and Restrictions on Unlimited Call Plans. If You have subscribed to CALLHARBOR’s “VoIP” Service, the Service and Equipment are provided to You as a business user.  This means that You are not to resell or transfer the Service or Equipment to any other person for any purpose, without express written permission from CALLHARBOR in advance.  You agree that CALLHARBOR’s “Unlimited” Business Plans do not confer the right to use the service for auto-dialing, continuous or extensive call forwarding, inbound or outbound call centers, telemarketing (including without limitation charitable or political solicitation or polling), fax broadcasting or fax blasting.  For the purposes of determining if Your Service is being used for any of the aforementioned activities, CALLHARBOR may, at its sole discretion, employ a cap of 3,500 pooled minutes for each endpoint (VoIP phone).

 

  1. Use of Phone Service and Equipment by Customers Outside of United States. CALLHARBOR does not offer local phone service or 911 emergency services outside the United States. If You use the Equipment in a country other than the United States, You do so at Your sole risk, including the risk that such activity violates local laws and that 911 emergency services are unavailable. You are liable for any and all charges, fees, fines, taxes, regulatory charges or penalties resulting from use of the Service and/or Equipment outside the United States by Yourself or any person making use of the Service or Equipment provided to You and agree to indemnify and hold harmless CALLHARBOR against any and all liability for any such use. Should the removal from the United States of the Equipment violate any export control law or regulation, You will be solely liable for such violation and agree to indemnify and hold harmless CALLHARBOR against any and all liability for such violation. CALLHARBOR does not guarantee that the Service or Equipment will operate overseas.

 

  1. Emergency 911 Calling (E911).

You acknowledge and understand that CALLHARBOR liability is limited for any Service outage and/or inability to dial 911 from Your line or to access emergency service personnel, as set forth in this document. You agree to defend, indemnify, and hold harmless CALLHARBOR, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to You in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys fees) by, or on behalf of, You or any third party or user of Your Service relating to the absence, failure or outage of the Service, including 911 dialing and/or  inability of You or any third person or party or user of Your Service to be able to dial 911 or to access emergency service personnel.

 

You acknowledge that any extensions located outside of registered physical address will initiate a 911 call to the registered physical address. Failure to provide the current and correct physical address and location of Your certified Equipment will result in any 911 communications You may make being routed to the incorrect local emergency service provider. This must be the actual physical street address where You are located, not a post office box, mail drop or similar address. Fees involved emergency service to improper address is solely the responsibility of You.

You acknowledge and understand that 911 dialing does not function if You change Your phone number or (for such newly added or ported numbers) if You add or port new numbers to Your account, unless and until You have successfully registered the new location with CALLHARBOR by means of a signed letter, and until such later date  that such activation has been confirmed to You through  a confirming email. Although You may have activated 911 dialing with Your former CALLHARBOR phone number, You must separately register for 911 dialing for any changed or newly added or ported number.

You acknowledge and understand that 911 dialing does not function properly or at all if You move or otherwise change the physical location of Your certified Equipment to a different street address, unless and until You have successfully registered the new location with CALLHARBOR by means of a signed letter, and until such later date that such activation has been confirmed. 911 dialing must be re-activated although You may have activated 911 dialing using Your former address, and You must separately activate 911 dialing for any new physical address. Failure to provide the current and correct physical address and location of Your certified Equipment will result in any 911 dialing You may make being routed to the incorrect local emergency service provider.

Due to the technical constraints on the manner in which it is possible to provide the 911 dialing feature for CALLHARBOR Service at this time, You acknowledge and understand that there is a greater possibility of network congestion and/or reduced speed in the routing of a 911 communication made utilizing Your certified Equipment as compared to traditional 911 dialing over traditional public telephone networks. CALLHARBOR or its officers or employees, may not be held liable for any claim, damage, or loss, and You hereby waive any and all such claims or causes of action, arising from or relating to 911 dialing unless it is proven that the act or omission proximately causing the claim, damage, or loss constitutes gross negligence, recklessness, or intentional misconduct on the part of CALLHARBOR.

You acknowledge that CALLHARBOR does not offer primary line or lifeline services. You should always have an alternative means of accessing traditional E911 services.