PiPcall Fair Use Policy
Our fair usage policy (the “Policy”) ensures that all of our customers and users receive a fast and reliable
service. This Policy supersedes all previous versions of the Policy.
This Policy is incorporated into the End-User Terms and Conditions (the “Terms”). We may update this Policy from time to time at our sole discretion. Unless otherwise stated, defined terms in this Policy shall have the meaning given in the Terms and the same rules of interpretation apply.
This Policy sets out how you may access and use our Services. For further details of unlimited call and text bundles, please refer to http://pipcall.com/policies/pricing/.
If you have engaged in a free trial of the Services, we may provide you with limited or restricted use of our Services, which does not include all features or functionality available through the paid services, for example features such as international calling or premium rate calling are excluded from the free trial.
You may use the Services only in accordance with the Terms, for lawful purposes. You may not:
1. use the Services nor permit them to be used:
(a) in any way that breaches any applicable local, national or international law or regulation;
(b) in contravention of additional prohibitive clauses found at https:/www.pipcall.com/policies/prohibiteduses/
(c) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
(d) for the purpose of, or in any manner that has the effect of, harming or attempting to harm minors or any other person in any way;
(e) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam) or to commit or promote any unlawful activity, such as “phishing”;
(f) to transmit information that is libellous, unlawful, harassing, abusive, threatening, abusive of
another’s privacy, harmful, vulgar, defamatory, obscene, pornographic;
(g) in such a manner or for any purpose that is inconsistent with this Policy, the Terms, your
network provider’s policies, or the Commercial Contract (where applicable) or;
(h) in any manner or engage in any action that might be considered, in our sole and absolute opinion:
i. abuse of the Services and/or our system;
ii. excessive or unfair use of a Service; or
iii. causing damage, disable, overburden, impair or compromise to our systems or security or interfere with other customers and users;
(i) to transmit any data, send or upload to our Services or any operating system any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful or malicious programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
(j) to attempt to circumvent any security controls or mechanisms, including password or user authentication methods of any person, where applicable;
2. reproduce, duplicate, copy, re-sell all or use any part of our Services in contravention of the provisions of the Terms, this Policy, or the Commercial Contract (where applicable) and;
3. access without authority, interfere with, damage or disrupt any part of a Service, any of our equipment or network, any software used in the provision of a Service, or any equipment or network or software owned or used by any third party;
4. infringe our intellectual property rights or those of any third party in relation to your use of the Services (to the extent that such use is not licensed by the terms, this Policy or the Commercial Contract, where applicable);
5. use or display our or a third party’s trade marks, logos or trade names used on our Services in any manner without our prior written consent; or
6. collect or harvest any information or data from any of our Services or attempt to decipher any transmissions to or from the servers running any Service.
BREACH OF THIS POLICY
Failure to comply with this Policy constitutes a material breach of the Terms upon which you are permitted to use the applicable Service.
In addition to our rights and remedies under the Terms (and/or the Commercial Contract where applicable), we may take all or any of the following actions depending on the severity of the breach:
1. issue a warning to you;
2. requiring you to cease or moderate your use of the Services;
3. immediate, temporary or permanent limitation or withdrawal of your right to access or use the Services;
4. initiate legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from your breach;
5. commence any further legal action against you; and/or
6. disclose such information relating to the breach to law enforcement authorities as we reasonably feel is necessary or as required by law.
To the extent permitted by law, we exclude our liability for any loss or damage that you may incur or suffer as a result of any and all action we may take in response to your breaches of this Policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.