CUSTOMER RULES

1.Introduction: Lightspeed has created these Customer Rules (“CR”) to ensure the legal and reasonable use our networks and services, systems, web sites and products (collectively, the “Lightspeed Services”) by our Customers (the “Customer(s)”). These Customer Rules are hereby incorporated into the CONTRACTUAL AGREEMENT FOR SERVICES entered into by the Customer and Lightspeed and bind any third-party beneficiaries of the that CONTRACTUAL AGREEMENT FOR SERVICES. By entering into a contract with Lightspeed, or as a third-party beneficiary of any contract with Lightspeed, Customers are bound by the CR, which enable dependable and secure services. We may modify the CR at any time, and Customers will be provided written notice of any such changes. The continued use of Lightspeed Services after such changes constitutes acceptance of the revised CR. The current CR will always be posted on our website. All actions by Lightspeed hereunder are exercised in our sole discretion. Lightspeed shall not be liable for any damages suffered by any Customer, or any third party beneficiary, as to Lightspeed’s suspension or termination of services. Accordingly, any Customer determined to have violated this CR may be subject to suspension or termination, with or without notice, and Lightspeed may take further actions to bar or block future violations. Lightspeed reserves the right to cooperate with third parties in the investigation and prosecution of any alleged illegal acts or wrong doing, including disclosing the identity of the Customer that Lightspeed deems responsible for the same.

 

B. Intended and Contracted Reasonable Use: Customers are precluded from using Lightspeed Services in a manner deemed to be an abuse of calling plans. Calling plans, including unlimited plans, are designed for normal commercial use and not the high-volume usage implicated in use by call centers, communications resellers, fax messaging services, telemarketing companies, nor for use without live dialog, such as by transcription services, intercom or monitoring services. Such unauthorized excess use violates the CR. Customers will be considered to be in violation of this CR when any of the following occur, it being understood and agreed that other activities may constitute a violation hereunder and that the following is not an exhaustive or complete list but only an illustrative listing of the type of situation that will trigger a violation hereunder:

 

1. Excessive Aggregate Inbound and Outbound Calls or Faxes: These Customer Rules are violated by: (i) aggregate outbound domestic long distance calling in excess of 1500 minutes per subscriber line per month, pooled across all customer subscriber lines; (ii) aggregate inbound domestic toll free calling exceeding 500 minutes per subscriber line per month per month pooled across all customer subscriber lines; and (iii) facsimile pages exceed 500 pages per individual subscriber line per month.

2. Bulk Incoming or Outgoing Calls: Bulk call-in lines, hotlines, customer service lines, 900 numbers, sports-line numbers or outgoing Robo calls or other such auto-dialing.

3. Unauthorized Calls: Customers shall be responsible for paying Lightspeed Telecommunications for all charges for Service, even if incurred as a result of fraudulent or unauthorized use. In the event Lightspeed Telecommunications discovers or reasonably believes unauthorized calls are being made, Lightspeed Telecommunications may take immediate action that is reasonably necessary to prevent such calls being placed, including without limitation, denying Service to particular Automatic Number Identifiers (ANIs) or terminating Service to or from specific locations. Lightspeed Telecommunications shall use reasonable efforts to notify Customer in the event Lightspeed Telecommunications takes action upon discovery of unauthorized calls. In the event Customer discovers or reasonably believes calls being made, Customer shall notify Lightspeed Telecommunications as soon as possible at 212-631-7556.

If it is determined that a Customer has violated the foregoing, or committed other volume-based violations, the Customer shall be billed a per minute or per page fee for excessive use at the then-current rates. In addition, in response to excessive use, Lightspeed reserves the right to change Customers’ applicable rate plan or suspend or terminate Service with or without notice.

 

C. Lightspeed Indemnification and Customer Prohibitions:

Indemnification: Lightspeed is not obligated to monitor or exercise any control over material accessible through Lightspeed Services, but reserves the right to regulate the same. Lightspeed assumes no responsibility for any material created on or accessible through Lightspeed Services. Customer shall indemnify, defend and hold Lightspeed harmless from all claims, damages, losses and expenses, including but not limited to attorneys’ fees and related costs and expenses, resulting from or relating to a Customer’s access or use of other providers or networks, whether or not the Customer is ultimately to have determined to have not misused such services or done so without criminal or improper intent and for any of the following six (6) violations of the Lightspeed code of conduct (“Customer Prohibitions”) and any variant or permutation thereof:

1.Fraud: Customers shall not use Lightspeed Services to distribute, transmit, post, receive, use or store material containing fraudulent offers or for materials containing false or deceptive or misleading statements, representations or claims. Customers are prohibited from the fraudulent use or credit card information or data, or ATM or on-line banking access or information, and shall not use Lightspeed Services to send, circulate or otherwise distribute any misleading, false or inaccurate information.

2.Illegal or Precluded Content: Lightspeed Services must be used for lawful purposes only and in a manner consistent with their legal and intended purposes. Lightspeed Services shall not be used distribute, transmit, post, receive, use or store obscene, pornographic, offensive, defamatory, libelous, incendiary, or violent communications or any material that violates any state, Federal or local criminal or civil laws, rules, codes, and/or regulations, or may otherwise expose Lightspeed to criminal or civil liability or impact upon Lightspeed’s delivery of Services or the ability of Customers to access those Services. Moreover, Customers are prohibited from using Lightspeed Services in violation of any other provider’s Customer rules.

3.SPAM: Lightspeed Services shall not be used with malice or to harass any party nor to send or distribute, or to access the services of other providers or networks to send or distribute, the types of communications commonly referred to as spam, to wit, unsolicited e-mails or any e-mails in volumes that trigger protest. Not shall Customers use an email in-box exclusively as storage space for data. Customers shall immediately cease and desist sending e-mails to any recipient who has opted-out or unsubscribed from the Customer’s communications or, in any other way, has expressed a request to no longer receive e-mails or communications from the Customer. Customers shall not distribute any e-mails or communications via a forged TCP/IP packet header information and are precluded from mail-bombing any recipient with multiple e-mails designed to fill an in-box or to harass the recipient or block other communications from reaching the recipient.

4.Chatrooms: Lightspeed Services must be used in conformance with the posted regulations and rules of any chat rooms, bulletin boards, search engines, list-serve groups, web site or web pages and services or other services.

5.Hacking and Other Such Conduct: Customers shall not use Lightspeed Services in a manner that harm Lightspeed Services or security or harm another party’s security or services. Customers are may not engage in any activity that is an inchoate step toward a security violation, including but not limited to phishing, probing, scanning or other testing of information gathering activity. Lightspeed will cooperate with law enforcement in prosecuting Customers.

6.Copyright and Trademarks: Lightspeed Services shall not be used in any manner that would breach, dilute, misappropriate or otherwise violate any copyright and trademark rights or any other intellectual property protection. Customers must not use a domain name in connection with any Lightspeed Services.

 

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