1. Acceptance of Fair Use Policy

This Fair Use Policy (the “Policy”) applies to all persons and entities (collectively “Customers”) using the products and services of IP Telecom including Voice and Internet services. This Policy is designed to protect the security, integrity, reliability and privacy of both the IP Telecom network and the product and services IP Telecom offers to its Customers (the “Services”). IP Telecom reserves the right to modify this Policy from time to time, effective immediately upon posting of the modification.

Your use of IP Telecom’s Services constitutes your acceptance of the Policy in effect at the time of your use. If you do not accept the terms of this Policy, you must inform IP Telecom, in writing, and not use any IP Telecom systems and Services.

IP Telecom does not actively monitor calls or usage of IP Telecom systems under normal circumstances. However, IP Telecom seeks to balance this aim with IP Telecom’s obligations to other users, third parties and the laws governing telecoms and online services in Ireland and any subsequent EU legislation. However, should we become aware of a spike in usage (i.e. above standard norms above and beyond your normal/above standard usage across a subset of our base), IP Telecom reserves the right to conduct random checks or investigations to ascertain compliance with this Policy and if requested to do so by any enforcement agency or police request.

You are solely responsible for any and all acts and omissions that occur during or related to your use of the service, and you agree not to engage in any unacceptable use of the service.

2. Usage Inclusive VoIP packages

2.1. Our service packages are solely designed for business use only and are based on a standard level of use across normal business usage. IP Telecom Usage Inclusive VoIP packages should not be utilised for activities that should not give rise to extreme consumption (including auto-dialler and call centre usage), which could potentially degrade performance for other users.

2.2. Where a VoIP Service is stated to be “Calling inclusive”, IP Telecom, like most service providers, imposes a fair usage policy. You acknowledge that the services are provided to other users and we owe a duty to them as a whole to preserve our network integrity and to avoid network degradation.

2.3 For the following Usage Inclusive VoIP packages IP Telecom applies the following fair usage policies on a per-user basis:

2.4 Calls beyond these fair usage allowances, and calls to destinations other than those included in these packages will be charged at standard IP Telecom rates.

3. IPT Broadband Usage

3.1. Our Broadband service packages are solely designed for business use only and are based on a standard level of use across normal business usage. IP Telecom broadband packages should not be utilised for activities that should not give rise to extreme consumption which could potentially degrade performance for other users.

3.2. For Broadband Services, IP Telecom, like most service providers, imposes a fair usage policy. You acknowledge that the services are provided to other users and we owe a duty to them as a whole to preserve our network integrity and to avoid network degradation.

3.3 For the following Broadband packages IP Telecom applies the following fair usage policies on a per-user basis:

3.4 For the purposes of the calculation with regards to the fair usage allowances listed in section 3.3 above, it should be noted that there are certain things we do not count towards within the total monthly usage.

These include:

• IP Telecom Hosted or SIP Trunk VoIP Services
• Accessing IP Telecom Web-based services.

3.5 If a customer is deemed to significantly exceed fair usage on three or more occasions or is deemed to be likely to exceed the fair use allowance, within a 12-month period, IP Telecom reserves the right to terminate or suspend the customer’s service. Customers will be notified in advance of any suspension or termination of service.

4. Unacceptable Uses

Unacceptable use includes, but is not limited, to any of the following:

• Illegal Activity – IP Telecom’s services shall at all times be used in compliance with all applicable laws. This prohibition 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 authorisation and the transmission of any material that constitutes an illegal threat or is obscene, defamatory or otherwise unlawful.
• Deceptive marketing practices.
• Any actions that generate excessive network traffic through the use of automated or manual routines that are not related to ordinary business use of Internet services.
• Use of a Virtual Private Network (“VPN”) is acceptable, however if your use of a VPN impacts the performance of our network, IP Telecom reserves the right to instruct you to cease use of a VPN. Failure to comply with this request would be deemed as Unacceptable behaviour.
• Torrenting of files is also deemed as an activity that generates excessive network use and is thus deemed unacceptable.
• Harassment, whether through language, frequency (including unsolicited emails known as “Spam”) or size of any electronic communication or use of VoIP services.
• Deliberate dissemination of viruses, worms, bots or any other harmful form of software.
• Unauthorised Access to Other Computers, Accounts or Networks
• Any other inappropriate activity or abuse of the services (as determined by IP Telecom in its sole discretion).
• Unacceptable use also includes resupplying an IP Telecom service without IP Telecom’s consent so that someone else may access or use IP Telecom’s services or take advantage of Fair Use allowances.
• Any activity determined to be a breach of IP Telecom’s standard Terms & Conditions

No failure or delay in exercising or enforcing this Policy shall constitute a waiver of the Policy or of any other right or remedy.

5. Enforcement

IP Telecom reserves the right to take any or all of the actions referenced in clause(s) 2.4 or 3.4 or for any breach of any of the Unacceptable usages referenced in section 4 of this document. IP Telecom will determine what action is appropriate to be taken against a user on a case-by-case basis.