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Acceptable Use Policy

This Acceptable Use Policy (“AUP” or “Policy”) describes actions by Users that are prohibited by Convergence Communications (“Convergence”) a CLEC User. “Users” means any user or Customer of any and all Convergence provided services (“Service” and/or “Services”) that are provided by Convergence pursuant to the Customer Agreement (which Users must accept as a condition to receiving any Services from Convergence). This Acceptable Use Policy is subject to change from time to time with such changes effective upon posting at www.convergence.com/acceptable-use-policy/

  1. Services may be used only for lawful, proper and appropriate purposes.
  2. Services may not be used for illegal, improper, or inappropriate purposes.
  • a. Illegal purposes include, but are not limited to:
    • i. using the service to violate any law, rule, or regulation; or
    • ii. engaging in threatening, abusive, harassing, defamatory, libelous, deceptive or fraudulent behavior.
  • b. Improper and inappropriate uses include, but are not limited to:
    • i. posting multiple messages similar in content to Usenet or other newsgroups, listservs, forums, e-mail mailing lists or other similar groups or lists;
    • ii. calling, messaging, storing, posting or transmitting harassing, threatening or abusive materials, e-mail or information;
    • iii. posting or transmitting any information or software that contains a virus worm, cancelbot or other harmful component;
    • iv. without permission from the owner of a system or network, doing any of the following: (a) accessing the system or network, (b) monitoring data or traffic, (c) probing, scanning, testing firewalls, (d) testing the vulnerability of a system or network or (e) breaching the security or authentication routines of a system or network;
    • v. conducting or forwarding surveys, contests, pyramid schemes, charity requests or chain letters;
    • vi. relaying e-mail in an anonymous fashion or forging any TCP-IP packet header;
    • vii. mailbombing, flooding, overloading, attacking or otherwise interfering with a system or network;
    • viii. sending 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;
    • ix. operating 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);
    • x. falsifying User or other identifying information provided to Convergence or to other Users of the Services;
    • xi. use of any Services in violation or any trademark, copyright, or any other intellectual property protection law or provision, or AUP policy of any third party provider;
    • xii. use of any Services for the purposes of engaging in an activity in connection or conjunction with any pornographic and/or adult entertainment industry purpose, regardless if such activity is lawfully permitted;
    • xiii. auto-dialing or predictive-dialing (sometimes may be referred to as “robo-dialing”);
    • xiv. continuous or extensive chat line or conference call participation,
    • xv. use of free conference calling or similar services that Convergence in its sole discretion deems to participate in traffic stimulation practices or schemes that result in excessive charges; and or are misusing the Federal Universal Service Fund by charging back usage to the carrier.
      xvi. use of an open telephone line as a monitoring, intercom or similar service;
    • xvii. repetitive and/or continuous messaging or calling to the same destination or number if such activity could reasonably be expected to or do in fact provoke complaints;
    • xviii. 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;
    • xix. use of call Services which do not consist of uninterrupted live human voice dialog by and between natural human beings;
    • xx. restricting or inhibiting any other User or any other person from using and enjoying the Services and/or the Internet; or
    • xxi. 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 Convergence, or otherwise involving the Services or any Convergence account in any way with or without another provider or third party for the purpose of facilitating the foregoing activities.
    Remedies

  1. Convergence reserves the right, at its sole discretion, to determine if a Service is being used for any of the foregoing purposes or activities.
  2. Violation of this Policy may result in civil or criminal liability, and Convergence in its sole discretion, in addition to any remedy that it may have at law or in equity, may immediately terminate permission for the User to use the Services, or any portion of the Services, and may charge User any applicable rates and cancellation or termination fees. In addition, Convergence may investigate incidents that are contrary to this Policy and provide requested information to third parties who have provided notice to Convergence stating that they have been harmed by a User’s failure to abide by this Policy or the policies listed above.
  3. Convergence’s failure to enforce this policy in every instance in which it might have application does not amount to a waiver of Convergence’s rights.