Lawful Use / Prohibited Uses

Customer agrees to use the Service only for lawful purposes.  Customer shall not resell or transfer the Service, including without limitation local and toll-free numbers, to another without the prior written consent of  NEXOGY  Customer, any person or entity under Customer’s employ or contract, or any person or entity that has access to Customer’s Service may not use the Service for communications or transmissions that may or would constitute a criminal or civil offense, or that may or would otherwise violate any local, state, regional, federal, government or international law or regulation or otherwise violate the rights of NEXOGY or any third party, including rights to privacy.  Customer shall comply with all applicable laws and regulations concerning the recording of a person or entity and shall comply with all privacy laws and regulations, including without limitation, all local, state, regional, federal, government and international privacy laws and regulations. Customer is further prohibited from using the Service or products used in connection with the Service for auto-dialing, continuous or extensive call forwarding, telemarketing (including, without limitation, charitable or political solicitation or polling), fax or voicemail broadcasting or fax or voicemail blasting, Bulk Messaging” or “Spamming” or transmission of any unwanted or unsolicited email.  Utilizing the Services in excess of what, in NEXOGY's sole discretion, would be expected of normal business use, including without limitation allowing more than one user to use a single VoIP line or using a single VoIP line in excess of what would be expected of a single user is also prohibited. NEXOGY reserves the right to immediately terminate or modify Customer’s Service if NEXOGY determines, in its sole and absolute discretion, that Customer has used at any time the Service or products used in connection with the Service for any of the aforementioned or similar activities.  In addition, residential users will be required to pay higher rates for commercial service for all periods in which Customer’s use of the Service or the Devices used in connection with the Service was inconsistent with normal residential use.

Customer shall not use the Services and any products used in connection with the Service in any way that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy rights, or any other wrongful conduct.

Use of NEXOGY'S connection in violation of any of the above mentioned manners may result in cancellation or suspension of service, at the discretion of NEXOGY. NEXOGY reserves the right to terminate or suspend Customer’s Service without notice if NEXOGY believes that Customer is utilizing the Service in a wrongful or unlawful manner.  In the event of any wrongful or unlawful use of the Service, Customer will be responsible for all damages incurred by NEXOGY In the event of Service termination (due to wrongful or unlawful use) all current charges and amounts owed to NEXOGY under this Agreement are due and payable immediately and may be charged to Customer’s credit card and/or account.  NEXOGY may forward any information with respect to the unlawful or wrongful use of the Service to the appropriate authorities.

Customer acknowledges that the Service provided by NEXOGY is different than standard telephone service.  This may limit or otherwise affect Customer’s rights before Federal, State or Local telecommunications regulatory agencies.

Customer shall notify NEXOGY immediately if Customer becomes aware of wrongful or unauthorized use of the Service.  Customer must provide NEXOGY with written notice of the wrongful or unauthorized use of Service. Failure to immediately notify NEXOGY of the wrongful or unauthorized use of the Service may result in the termination of Customer’s Service. NEXOGY may charge additional charges for the wrongful or unauthorized use of the Service.

NEXOGY may determine at its discretion the level of usage that warrants measures of fraud or wrongful conduct protection such as suspending long-distance communication. In this regard, if a Customer reached the limit of usage established on the account, which may warrant protective measures the Customer might have to wait until the next billing period or make a payment in order to reestablish the outgoing long-distance communications.