The terms and conditions of service (“Service Terms”) govern your use of any Services, as defined below.
Throughout this document:
• “Telarite” means Telarite, its parents, subsidiaries and affiliates;
• “Telarite Parties” means Telarite, its partners, licensors, dealers, representatives, suppliers and agents (and their respective employees, officers, directors, shareholders and representatives);
• “E9-1-1” means enhanced 9-1-1 service which may provide emergency services personnel with your location information and phone number;
• “Equipment” means any device, equipment or hardware used to access the Services or used in conjunction with the Services;
• “I”, “me”, “you”, “your” and “yours” refer to you but also to persons that you authorize to use the Service or act as your agent with regard to the Service;
• “Identifiers” means e-mail addresses, phone numbers, account numbers, personal identification numbers (“PINs”), Internet Protocol addresses, personal web page addresses,
access codes and any other identifier assigned to you by Telarite;
• “Policies” are defined in Section 11 of the Service Terms;
• “Service Agreement” means an agreement setting out the terms for Services. Service Agreements are available on the Website at the following https://www.telarite.com/terms/;
• “Services” mean any services that you subscribe to or receive through Telarite, including but not limited to various Internet access services, hosted PBX and VoIP services. All Equipment and Software (as defined in this section) are considered elements of the Services;
• “Software” means any software used to access the Services or used in conjunction with the Services;
• “us”, “we”, “our” or “ourselves” means Telarite;
• “VoIP” means Voice over Internet Protocol services; and
• “Website” means all content on the https://telarite.com/ domain.
The “Agreement” includes the Service Terms, Service Agreements for Services to which you subscribe, any Telarite document describing features, products or services and any other document incorporated by reference together with these Service Terms. In the event of an inconsistency between the constituent documents of the Agreement, the inconsistency will be resolved by giving preference first to a Service Agreement, then to the Service Terms, and lastly to any other Telarite documentation describing features, products or services.
By using the Services or allowing Services to be installed at your premises, you acknowledge that you have read, understood and agree to the Service Terms. If you do not agree to the Service Terms, you may not use the Services.
The “Term” of your Agreement with Telarite begins when you accept the Agreement and will continue until the Agreement is terminated. Telarite provides Services to you on an ongoing month-to-month basis.
Telarite can change the Agreement and any aspect of the Services. Before we make any changes to the Agreement, we will give you at least thirty (30) days’ written notice by email, or letter to the contact information that you have provided to us or by bill insert or posting the notice on our Website.
If you continue to use the Service after thirty (30) days from the effective date indicated in the notice, the new service term will become effective.
The process for the introduction of new Policies and amendments to existing Policies is different. New Policies are effective as of the day they are posted by Telarite on the Website. Likewise, changes to existing Policies are effective as of the date that they are posted to the Website.
If you do not agree with a change made by Telarite, you may cancel the affected Services in accordance with Section 33.
ACCOUNT, BILLING AND PAYMENT
Telarite will bill you monthly, in advance. You must pay all recurring and one-time charges (“Fees”) and all applicable taxes due for Telarite services by the due date specified in your invoice. Telarite may bill you monthly in arrears for certain Fees. Service Agreements may also modify the billing terms for certain Services.
You can pay your bill: (1) online through a bank account from a list of select financial institutions (provided to you upon request) that Telarite may change from time to time; (2) with select credit cards; (3) with Visa debit; or (4) by pre-authorized bank account withdrawal.
You confirm that you are an authorized user of the credit card or bank account and that it is valid and has not expired. You must promptly advise Telarite if your credit card or bank account information changes.
If Telarite does not receive payment of your bill within 30 days of the bill date, you will be charged late payment fees of 2% monthly (26.82% per annum).
Administrative charges in the amount of $25.00 may be levied for administration or account processing activities in connection with your account, including as a result of the following:
• collection efforts due to non-payment or having a balance over your credit limit, including unbilled usage and pending charges, fees and adjustments;
• returned or rejected payments due to non-sufficient funds (“NSF”) or any other reason;
• change of any Identifier; and/or
• the restoral of Service
If you have any questions, disputes or discrepancies to report regarding Fees, you must do so within ninety (90) days of the invoice date. Failure to notify us within this time period will constitute your acceptance of such Fees. We will investigate disputes and if, in our sole discretion, we determine that a portion of the Fees was incorrectly charged, then we will reverse the disputed portion of the Fees. You must pay the undisputed portion of the Fees in accordance with Section 8.
YOUR RESPONSIBILITIES
Yes. From time to time, Telarite may establish policies, rules and limits (collectively “Policies”) concerning the use of the Services, Equipment and any products, content, applications or services used in conjunction with the Services or Equipment. The Policies are incorporated into these Service Terms by reference. Policies are published by unambiguous links on the Website. The terms of Section 5 apply to the introduction of new Policies or changes to existing Policies.
Yes. You agree to comply with and use the Services for your own personal use, in accordance with the Agreement and all applicable laws. You also agree not to:
1. a)Resell the Services, receive any charge or benefit for the use of the Services; and
2. b)Transfer your Services without our express consent.
You must also follow any Policies setting out acceptable use guidelines for the Services and Equipment.
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You are responsible for keeping the contact and payment information you provide to Telarite (including name, mailing address, email address, address where the Services will be provided to you), phone number, and any authorized users) up to date. If this Agreement is cancelled, you will provide Telarite with forwarding information for final invoices or correspondence if your new contact information is different from the information we have on file. Failure to provide a forwarding address may result in the forfeiture of any outstanding credits or deposits on your account.
You must notify Telarite immediately should you suspect unauthorized use of the Services or if Equipment is lost or stolen. You are responsible for payment of all Fees and taxes charged to your account, whether authorized by you or not, which is why it is so important to protect your account and keep account information (including authorized users) up-to-date.
TELARITE SERVICES
To the maximum extent permitted by law, Telarite Parties do not guarantee or warrant the performance, availability, coverage, uninterrupted use, security, pricing or operation of the Services or any products, content, applications, services, facilities, connections or networks used or provided by us or third parties.
You bear the entire risk as to the use, access, transmission, availability, reliability, timeliness, quality, security and performance of the Services.
Telarite Parties do not make any express or implied representations, warranties or conditions, including warranties of title or non-infringement, or implied warranties of merchantable quality or fitness for a particular purpose, with regard to the Services or any products, content, applications, services, facilities, connections or networks used or provided by us or third parties.
All representations, warranties and conditions of any kind, express or implied, are excluded to the maximum extent permitted by applicable law. To the maximum extent permitted by applicable law, no advice or information, whether oral or written, obtained by you from the Telarite Parties creates any term, condition, representation or warranty not expressly stated in the Agreement.
Unfortunately, yes. Performance and availability of the Service depend on several factors, including access to third-party providers and suppliers that Telarite does not fully control.
Telarite will request your existing service provider to “transfer-in” one or more of your existing phone numbers if you: (i) confirm that you have the right to make the request; (ii) authorize Telarite to share with your existing service provider your information relevant to the transfer request (which may include personal information); and (iii) complete and sign any required request form. You are responsible for payment of fees owed to your existing service provider, including any applicable cancellation charges and taxes.
Upon your request or at the request of your new service provider, if your assigned account and phone numbers are active, Telarite will process a “transfer-out” request for a phone number assigned to you to your new chosen service provider. Upon transfer-out, the Service Agreements pertaining to the transferred Services and phone number(s) will be cancelled automatically, pursuant to Section 34. You are responsible for all Fees and taxes associated with the transfer from Telarite.
TELARITE EQUIPMENT AND SOFTWARE
Yes. Except for Equipment that you have fully paid for, all Equipment installed or provided by us remains our property and you agree that:
• You will take reasonable care of the Equipment;
• You may not sell, lease, mortgage, transfer, assign or encumber the Equipment;
• You may not relocate the Equipment without our knowledge and permission; and
• You will return the Equipment to us at your own expense upon termination of the Services to which the Equipment is related.
If Equipment is lost, stolen or damaged or sold, leased, mortgaged, transferred, assigned, encumbered or not returned, you agree to pay us the undiscounted retail value of Equipment, together with any costs incurred by us in seeking possession of such Equipment.
Yes. You agree to authorize us and our representatives to enter or have access to your premises as necessary at mutually agreed upon times to install, maintain, inspect, repair, remove, replace, investigate, protect, modify, upgrade or improve the operation of our services, the Equipment or our facilities or networks. If any of your Services or accounts have been terminated, then you authorize us and our representatives to enter or have access to your premises to disconnect the Services, as applicable. You must immediately notify us if Equipment is lost, stolen or destroyed.
Although Telarite will seek your consent whenever feasible, you agree that Telarite may access, without consent or notice, Equipment located on your property and outside of your residential or business dwelling in the following exceptional circumstances: (a) if Telarite has a court order to do so; or (b) if there is an emergency situation, which includes circumstances where Equipment on your property is malfunctioning and affecting your Services or the Telarite network.
Yes. The Equipment, Equipment specifications and the location of Equipment require changes, at our sole discretion, from time to time. Unless otherwise specified by us, you are solely responsible for updating or maintaining your Equipment and software as necessary to meet such requirements, and you may not be entitled to customer support from us if you fail to do so.
Yes. Software, including all related documentation accompanying the Software (“Software Documents”), is for your own personal, non-commercial use and may not be distributed, transferred or sold. All Software and Software Documents remain our property or that of our licensors or content providers, as applicable. You agree to take reasonable steps to protect Software and Software Documents from theft, loss or damage. You must review and agree to any applicable end user license agreement of Telarite, our licensors or content providers. Unless otherwise provided in the applicable end user license agreement, all end user license agreements will terminate upon termination of the applicable Service Agreement.
PROPRIETARY RIGHTS
Yes. You acknowledge that content including, but not limited to, text, software, music, sound, photographs, video, graphics or other material accessed through the Services or the Internet is protected by applicable copyrights, trade-marks, patents, trade secrets and/or other proprietary rights and laws.
You further acknowledge that, except where expressly stated otherwise, all Equipment, Software, content, documentation, processes, designs, technologies, materials and all other things comprising the Services are owned by Telarite, its licensors or its suppliers and are protected by applicable copyrights, trade-marks, patents, trade secrets and/or other proprietary rights and laws.
Yes. Telarite does not claim ownership of information, materials, software or other content (collectively, the “Content”) that you post, upload, input, provide, submit or otherwise transmit to Telarite or any third party, using the Services. However, you agree that by posting, uploading, inputting, providing, submitting or otherwise transmitting the Content to Telarite or any third party, using the Services, you have thereby granted Telarite a royalty-free, non-exclusive license to use, copy, distribute, transmit, display, edit, delete, publish and translate such content to the extent reasonably required by Telarite to provide the Services to its customers or to ensure adherence to or enforce the terms of this Agreement.
Except where otherwise specified by Telarite, Identifiers remain the property of Telarite at all times.
PRIVACY AND CONFIDENTIALITY OF YOUR INFORMATION
Telarite protects your personal information in a manner consistent with applicable privacy legislation and Policies.
Yes, by entering into the Agreement you agree that Telarite may perform credit checks on you and obtain information about your credit history from a credit reporting agency or credit grantor to activate Services you ordered, or to assist in collection efforts. Telarite may also disclose your Telarite credit history to credit reporting agencies, credit grantors and/or collections agencies.
Yes. By entering into the Agreement, you are providing your consent to receive commercial electronic messages from Telarite. However, at any time, you may unsubscribe from commercial electronic messages by using the unsubscribe mechanism contained in such messages.
9-1-1 SERVICES, VoIP AND RELATED LIMITATION OF LIABILITY
No. There are some important differences and limitations in how 9-1-1 calling over VoIP technology operates when compared to basic and E9-1-1 services provided over traditional landline telephone service. Please review this section carefully before activating, installing or using Telarite VoIP services.
With both traditional basic 9-1-1 and E9-1-1 service, your call is sent directly to the nearest emergency response centre. In addition, with E9-1-1 service, your call back number and last address are visible to the emergency response centre call-taker. With Telarite VoIP service 9-1-1 calling, your call is sent to a national emergency call centre. When you make a 9-1-1 call using Telarite VoIP services, you will be asked to confirm your location information regardless of whether that information is visible to the call centre operator. The call centre operator will then transfer your 9-1-1 call to the emergency response centre nearest your location. You should be prepared to provide or confirm your name, address and call-back number with the operator. Do not hang up unless you are told to do so. If your call is disconnected, immediately dial 9-1-1 again.
If you are unable to speak during a 9-1-1 call and the call centre operator has access to a call-back number and the last registered address associated with your Telarite VoIP service, the operator will transfer the call to the emergency response centre closest to that address. In order for emergency services to be dispatched to the correct address in such cases, you must ensure that the registered address that you have provided to Telarite is always the same as the physical address at which your VoIP device is located. Whenever you move the physical location of your VoIP device or you add a line or port a number, you must update your registered address accordingly. You may update your location information by logging-in to your customer portal and changing your recorded location information. Your customer portal can be accessed using the following url: https://myaccount.telarite.com/
You acknowledge and understand that the Telarite VoIP service or access to the Telarite VoIP service, including 9-1-1, public alerts or special needs services, may not function correctly, or at all, in the following circumstances:
• If your Equipment fails, is not configured correctly or does not meet Telarite’ requirements;
• In the event of a high-speed Internet service outage, regardless of the supplier providing the high-speed Internet service to you;
• In the event of a network outage or power failure;
• If you or somebody else tampers with or, in some cases, move the Equipment; or
• Following suspension or termination of your Telarite Services or Account.
There may be a greater possibility of network congestion and/or reduced speed in the routing of a 9-1-1 calls made utilizing Telarite VoIP service as compared to traditional 9-1-1 calls dialed over traditional public telephone networks.
Telarite does not currently offer Operator Service and so emergency services cannot be accessed through an operator by dialing “0”.
You should inform any business or household residents, guests and other persons who may be present at the physical location where you utilize Telarite VoIP service, of the important differences and limitations of VoIP
9-1-1 calling as compared with traditional E-9-1-1 service, as set out above.
Telarite does not have any control over whether, or the manner in which, calls using Telarite VoIP Service
9-1-1 calling service are answered or addressed by any local emergency response centre. Telarite disclaims all responsibility for the conduct of local emergency response centres and the national emergency calling centre. Telarite relies on third parties to assist it in routing 9-1-1 calls to local emergency response centres and to a national emergency calling centre. Telarite disclaims any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result.
Telarite Parties limits their liability for VoIP 9-1-1 services as follows:
You acknowledge and agree that, to the maximum extent allowed by law, Telarite Parties will not be liable for any injury, death or damage to persons or property, arising directly or indirectly out of, or relating in any way to 9-1-1 calling from your Telarite VoIP Service and you agree to indemnify and hold harmless the Telarite Parties for any liabilities, claims, damages, losses and expenses, (including reasonable legal fees and expenses) which you or anyone accessing or attempting to access 9-1-1 calling from your Telarite VoIP Service may suffer or incur, arising directly or indirectly out of or relating to your or that person’s failure to obtain access to 9-1-1 emergency services.
LIABILITY AND INDEMNIFICATION
You agree that, unless otherwise specifically set out in a Service Agreement, to the maximum extent permitted by applicable law, Telarite Parties’ liability for negligence, breach of contract, tort, or other causes of action, including fundamental breach, is limited to a maximum amount equal to the greater of twenty ($20) or an amount equal to the Fees payable during any service outage.
Other than the foregoing payment and to the maximum extent permitted by applicable law, Telarite Parties are not responsible to anyone for:
• Any direct, indirect, special, consequential, incidental, economic or punitive damages (including loss of profit or revenue, financial loss, loss of business opportunities, loss, destruction or alteration of data, files or software, breach of privacy or security property damage, personal injury, death or any other foreseeable or unforeseeable loss, however caused) resulting or relating directly or indirectly to the Service or any advertisements, promotions or statements relating to any of the foregoing, even if we were negligent or were advised of the possibility of such damages;
• The performance, availability, reliability, timeliness, quality, coverage, uninterrupted use, security, pricing or operation of the Service;
• Any error, inclusion or omission with respect to any telephone listings or directories;
• The denial, restriction, blocking, disruption or inaccessibility of any Services, including 9-1-1, public alerts or special needs services, Equipment or Identifiers;
• Any lost, stolen, damaged or expired Equipment, Identifiers, passwords, codes, benefits, discounts, rebates or credits;
• Any error, omission or delay in connection with the transfer of Identifiers to or from another telecommunications service provider or any limitation connected thereto;
• Any acts or omissions of a telecommunications carrier whose facilities are used to establish connections to points that we do not serve; or
• Any claims or damages resulting directly or indirectly from any claim that the use, intended use or combination of the service or any material transmitted through the Services infringes the intellectual property, industrial, contractual, privacy or other rights of a third party.
These limits are in addition to any other limits on Telarite Parties’ liability set out elsewhere in the Agreement.
Yes. You agree to indemnify and hold harmless Telarite Parties from all demands, claims, proceedings, losses, damages, costs and expenses (including, without limitation, reasonable legal fees and other litigation expenses) incurred by or made against Telarite Parties, which result from or relate to the Services, your use of the Services or other matters related to this Agreement.
CANCELLING AND SUSPENDING TELARITE SERVICES
You may cancel any or all of your Services and any corresponding Service Agreement at any time by contacting Telarite at the points of contact specified in these Service Terms.
Upon transfer-out of one or more Services and Identifiers to another provider, the applicable Service Agreements will be automatically cancelled provided that Telarite receives notification from that provider. If Telarite receives no notification – then services will continue and charges will continue to be incurred until we receive a request to cancel/suspend your service.
Telarite may cancel any or all of your Services and corresponding Service Agreements upon no less than thirty (30) days’ notice to you by email or mail to your billing address.
Telarite may also restrict, block, suspend, disconnect or terminate any or all of your Services, including 9-1-1 service, for cause, without notice, if:
• you are in breach of a Service Agreement, including non-payment of your charges or non-compliance with any Policies;
• you do not maintain Service usage within the prescribed credit limit;
• you exceed reasonable usage limits, as determined by us;
• you have given us false, misleading or outdated information
• we reasonably suspect or determine that any of your Services, Equipment and / or Identifiers are the subject of fraudulent, unlawful or improper usage or usage that adversely affects our operations or the use of our services, facilities or networks by others;
• you harass, threaten or abuse us or our employees or agents;
• you fraudulently or improperly seek to avoid payment to us;
• we need to install, maintain, inspect, test, repair, remove, replace, investigate, protect, modify, upgrade or improve the operation of the Services, the Equipment or our facilities or networks; or
• we reasonably believe that there is an emergency or extreme circumstance that would warrant such action.
If you or Telarite cancels one or more of your Services that are subject to a month-to-month Term or if your Services are transferred to another provider, you must pay all outstanding fees (including any installation fees for Services that have been installed but not activated) and taxes on your final invoice for those cancelled Services. One-time activation and installation fees are non-refundable. A re-stocking fee may apply to Equipment that you return or Equipment that has been ordered but not shipped.
If Equipment that you have purchased has been shipped prior to Service cancellation, the fees for the Equipment are non-refundable. One-time activation and installation fees and restocking/Equipment fees are intended to recover costs and constitute a genuine pre-estimate of liquidated damages in the event that a month-to-month Service is cancelled. Any Equipment that you lease or that is owned by Telarite must be returned by mail at the address listed in Section 45 within thirty (30) days of the date that Services are cancelled by you or Telarite.
For month-to-month Services, Telarite will provide a refund for the cancelled portion of monthly service Fees that you have paid in advance for Services. This refund will be pro-rated based on the number of days left in the last monthly billing cycle after cancellation.
Telarite may, at its sole discretion, restore your Services, with or without conditions that may include:
1. Full repayment of outstanding amounts owing to Telarite;
2. Compensation for costs incurred by Telarite in connection with your breach of the Service Terms, including costs incurred to enforce your compliance; or
3. Changes to your Fees on an ongoing basis
ADDITIONAL TERMS
Yes. By entering into this Agreement, you represent and warrant that you have reached the age of majority in the province of Nova Scotia, which is 19 years of age, and that you possess the legal right and ability to enter into this Agreement and use the Services in accordance with this Agreement.
If you have a dispute about Services, Software, about this Agreement, or about what we say outside this Agreement, then we want to resolve the dispute quickly and fairly, and will work with you in good faith to do so. If you have tried to work with us but remain unsatisfied, then you have a right to escalate the dispute.
If you are a consumer or small business with a monthly bill under $2500, you may escalate certain types of complaints externally with the Commissioner for Complaints for Telecom-Television Services (“CCTS”) (www.ccts-cprst.ca, 1-888-221-1687). The CCTS is the telecommunications consumer agency designated by the CRTC to resolve consumer and small business disputes about telecommunications and television services. The CCTS accepts complaints relating to service delivery, contract disputes, billing, credit management and unauthorized transfers of service.
With the exception of billing disputes, which are resolved exclusively through the process described in Section 10 of these Service Terms, any unresolved dispute may also be referred to voluntary single arbitrator arbitration. In such event, the fees for the arbitrator shall be shared equally by the parties.
By entering into the Agreement, except where the Canadian Radio-television and Telecommunications Commission, the CCTS or an arbitrator has jurisdiction, you consent to the exclusive personal jurisdiction of and venue in a court located in Halifax, Nova Scotia for any suits or causes of action connected in any way, directly or indirectly, to the subject matter of the Agreement.
If any part of this Agreement becomes outdated, prohibited or unenforceable, the remaining terms will continue to apply to you and Telarite. Even if Telarite decides not to enforce any part of this Agreement for any period of time, the term still remains valid and Telarite can enforce it in the future.
The laws of Nova Scotia and federal laws of Canada applicable in that province govern this Agreement.
Telarite may transfer or assign all or part of this Contract (including any rights in accounts receivable) at any time without prior notice or your consent. You may not transfer or assign this Agreement, your account(s) or the Service without Telarite’s prior written consent.
Yes. The cancellation, transfer or expiry of a Service Agreement or the Agreement shall not release you or us from any obligation which has accrued prior to that event including but not limited to the obligation to pay any outstanding amounts owed for Services.
HOW TO CONTACT TELARITE
To contact Telarite for any reason, including providing notices to Telarite pursuant to this Agreement, you may reach us:
• By Phone, toll-free: 1.800.987.6349
• By Phone, locally: 902.454.4224
• By email: info@telarite.com
• By Mail:
Telarite
PO Box 38093
Dartmouth, NS B3B 1T0
Unless otherwise provided in a Service Agreement, Telarite offers technical support for its Services between 8:00 AM and 10:00 PM from Monday to Sunday. You may contact Telarite for technical support via the contact information set out above in Section 45.
MONTHLY DATA USAGE
No. All Telarite Internet services plans feature unlimited usage with no caps or overage charges.
FAIR USE FOR VOICE SERVICES
Telarite’s service is a business voice service. It is engineered to process and deliver traffic profiles and utilization levels of our typical business customers’ calling patterns (hereafter also referred to as “normal” business use). “Unlimited” refers to that type and level of usage. “Typical” refers to the calling patterns of at least 95% of our customers on a particular calling plan. Normal residential traffic profiles and utilization do not include business line or trunk class of service levels that may arise from business, multiple or extended family, community or fraudulent use. “Unlimited” does not refer to those types of levels of usage. Telephone utilization that is indicative of, or arising from, impermissible business, multiple family, community or fraudulent use, as outlined herein, on a residential class of service line may create network congestion that will manifest itself in increased busy signals for themselves and others.
Telarite’s residential unlimited service plans and features are only for single family residential or co-branded use only.
Telarite evaluates customer usage in comparison to typical levels of permissible usage engaged in by legitimate customers (business use under business service plans.)
Each of the following is impermissible under Telarite’s residential unlimited plans and considered outside of normal single family residential for use:
• By or for others who do not live with you.
• Operating a business, even if operating from the residence
• Operating any other enterprise, including not-for-profit or governmental
• Operating a call center
• Resale to others
• Auto-dialing or fax/voice blasts
• Telemarketing
• Without live dialog, including use as a monitor, intercom or for transcription purposes
Over 95% of Telarite’s business unlimited calling plan customers use less than 3000 minutes per month and do not have any unusual usage patterns in terms of unique numbers called, high call forwarding/transferring usage and so on. A customer’s aggregate usage may be considered outside of normal use if it exceeds 3000 minutes per month IN COMBINATION with one or more of the following, including, but not limited to, excessive:
• Unique numbers called;
• Call lengths;
• Call forwarding/transferring;
• Conference calling;
• Short duration calls;
• Number of calls made during a month;
• Number of calls made to a conference calling service during a month;
• Number of calls made during business hours;
• Number of calls terminated and re-initiated consecutively, which, in the aggregate, result in excessive call lengths during a specific time frame; or
• Other abnormal calling patterns indicative of an attempt to evade enforcement of this Fair Usage Policy
Base on such a combination, Telarite may determine that abnormal, unreasonable or impermissible usage is occurring when compared to typical customers on the same calling plan and may take appropriate steps described below to enforce this Policy.
Telarite may also determine that abnormal, unreasonable or impermissible usage is occurring, and may take appropriate steps described below even if the number of minutes used is not excessive, when a customer’s calling patterns during more than one month reflect excessive:
• Unique numbers called;
• Call lengths;
• Frequency of Call forwarding/transferring;
• Conference calling;
• Short duration calls;
• Number of calls made during a month;
• Number of calls made to a conference calling service during a month;
• Number of calls made during business hours;
• Number of calls terminated and re-initiated consecutively, which, in the aggregate, result in excessive call lengths during a specific time frame; or
• Other abnormal calling patterns indicative of an attempt to evade enforcement of this Fair Usage Policy