New Era Communication has created this Acceptable Use Policy (“AUP”) to ensure the responsible, fair and reasonable use of New Era Communication’s networks, services, systems, web sites and products (collectively, the “New Era Communication Products and Services”) by our customers and other users of New Era Communication Products and Services (collectively, the “User(s)”), and to enable New Era Communication to provide Users with reliable, secure and efficient services. By contracting for or using New Era Communication Products and Services, in addition to any other agreements Users may have entered into with New Era Communication, Users agree to be bound by the terms of this AUP. New Era Communication reserves the right to modify this AUP at any time and in its sole discretion, with such modifications being effective when posted. Any use of New Era Communication Products and Services after such modification constitutes acceptance of the AUP as revised. This AUP is part of the New Era Communication Terms of Service set forth at https://www.neweracomm.com/business/legal-policy-center/premier/tos/.

Termination/Suspension

Any User that New Era Communication determines to have violated any element of this AUP may be subject to suspension or termination of service, with or without notice. New Era Communication has the right, but not the obligation, to take further action as New Era Communication determines to be appropriate under the circumstances to eliminate or preclude repeated violations. New Era Communication shall not be liable for any damages of any nature suffered by any User, or any third party, resulting in whole or in part from New Era Communication’s exercise of its rights under this AUP.

Prohibited Conduct

New Era Communication Products and Services must be used for lawful purposes only and in a manner consistent with the intended purpose of New Era Communication Products and Services. Users shall not use New Era Communication Products and Services to distribute, transmit, post, receive, use or store any type or kind of material:

  • in violation of any local, state, or federal laws and regulations;

  • that may expose New Era Communication to criminal liability; or

  • that may adversely affect New Era Communication Products and Services or other New Era Communication Customers or Users.

Users are further prohibited from facilitating the violation of any of this AUP and from violating or facilitating the violation of another provider’s AUP, including distributing, transmitting, posting, receiving, using, storing or otherwise providing any product or service that violates this AUP or another provider’s AUP. Any time a User accesses another provider or network using the New Era Communication Products and Services, such User must comply with the provider or network’s rule and policies. User agrees to indemnify, defend and hold New Era Communication harmless from all claims, damages, losses and expenses (including attorneys’ fees and expenses) resulting from or allegedly resulting from such User’s access or use of other providers or networks.

Inappropriate Content

Users shall not use New Era Communication Products and Services to distribute, transmit, post, receive, use or store material that is inappropriate, as reasonably determined by New Era Communication, or material that is obscene (including child pornography), defamatory, libelous, threatening, abusive, hateful or excessively violent.

Harmful Content

Users shall not use New Era Communication Products and Services to distribute, transmit, post, receive, use or store material that may be harmful to, or interfere with, New Era Communication Products and Services or any third party’s systems, networks, web sites or services. Such prohibited content includes, but is not limited to worms, viruses, or Trojan horses.

Fraudulent or Misleading Content

Users shall not use New Era Communication Products and Services to distribute, transmit, post, receive, use or store material containing fraudulent offers for products or services, or any advertising or promotional materials that contain deceptive, false, or misleading statements, representations or claims. Users are prohibited from submitting any false or inaccurate data on any order form, contract or online application, including the fraudulent use of credit cards.

Email/Unsolicited Messages

Users shall not use New Era Communication Products and Services to transmit unsolicited email messages including, without limitation, unsolicited bulk email, where such emails could reasonably be expected to provoke complaints (“spam”). Users are prohibited from using the services of another provider to distribute spam or to promote a site hosted on or connected to New Era Communication Products and Services. Users shall not use New Era Communication Products and Services to:

  • send email messages that are excessive or intended to harass others;

  • continue to send email messages to a recipient that has indicated that recipient does not wish to receive them;

  • send email with forged TCP/IP packet header information;

  • send malicious email, including “mail bombing”;

  • send or receive email messages in a manner that violates the policies of any other provider; or

  • use an email box exclusively as storage space for data.

Intellectual Property

Material accessible through New Era Communication Products and Services may be subject to protection under publicity, privacy or other personal and intellectual property rights. Such rights include, but are not limited to, copyrights, patents, trade secrets, trademarks or other proprietary information. Users shall not use New Era Communication Products and Services in any manner that would breach, dilute, misappropriate or otherwise violate any such rights. Users must not use a domain name in connection with any New Era Communication Products and Services, and must not use that domain name in violation of the trademark, service mark or other rights of any third party.

Third Party Rules

Users may have access through New Era Communication Products and Services to search engines, chat rooms, bulletin boards, Web pages and services or other services that publish rules, guidelines or agreements to govern their use. Users must adhere to any such rules, guidelines or agreements.

Inappropriate Actions

Users shall not use New Era Communication Products and Services to conduct activities that may be harmful to, or interfere with, New Era Communication Products and Services or any third party’s networks, systems, services, or Web sites. This includes, but is not limited to, mail bombing, flooding or denial of service attacks. Users are prohibited from violating or attempting to violate the security of New Era Communication Products and Services, or the computers, accounts, or networks of another party. Users are prohibited from any activity considered a precursor to attempted security violations, including any form of probing, scanning or other testing of information gathering activity. Inappropriate activity may result in civil or criminal liability. New Era Communication will investigate such activity, and may involve and cooperate with law enforcement authorities in prosecuting Users involved in such activity.

Responsibility for Content

New Era Communication assumes no responsibility for any material created or accessible on or through New Era Communication Products and Services. New Era Communication is not obligated to monitor or exercise any editorial control over such material, but reserves the right to do so. Should New Era Communication become aware that any such material may violate this AUP or expose New Era Communication to civil or criminal liability, New Era Communication reserves the right to block access to such material and suspend or terminate any User creating, storing or disseminating such material. New Era Communication further reserves the right to cooperate with legal authorities and third parties in the investigation of alleged wrongdoing, including disclosing the identity of the User that New Era Communication deems responsible for the wrongdoing.

Fair and Reasonable Use

New Era Communication desires that Users understand the intended and permissible uses of New Era Communication Products and Services, and further desires to prevent fraud, exploitation and abuse of certain New Era Communication calling plans and features. Certain calling plans, including unlimited calling plans, are designed for normal commercial use and are not intended to represent typical usage by unique organizations such as call centers, resellers, fax messaging services, telemarketing firms, or for use without live dialog, such as transcription services, intercom or monitoring services. Unauthorized or excessive use beyond that normally experienced by typical business customers violates this AUP and may cause extreme network capacity and congestion issues and interfere with New Era Communication’s network and third party networks with whom New Era Communication connects for call initiation and completion services. As a guide, Users will be considered to be in violation of this AUP when any of the following occur:

  • aggregate outbound domestic long distance calling exceed 3,000 minutes per subscriber line (i.e., hosted seat) per month pooled across all customer subscriber lines;

  • aggregate inbound domestic toll free calling exceeds 500 minutes per subscriber line per month per month pooled across all customer subscriber lines; or

  • facsimile pages exceed 500 pages per individual subscriber line per month.

In addition, unlimited plans may not be used for any of the following prohibited uses (which are in addition to the other prohibited uses under this AUP or otherwise applicable to the New Era Communication Products and Services):

  • Spamming or blasting (e.g., sending one hundred (100) or more bulk and/or junk voicemail or faxes simultaneously);

  • Bulk call-in lines (e.g., customer support or sales call centers, “hotlines,” 900 numbers, sports-line numbers, etc.); or

  • Auto-dialing or “predictive” dialing (i.e., non-manual dialing or using a software program or other means to continuously dial or place out-bound calls).

New Era Communication reserves the right to review Users’ accounts at any time for potential abuses of this AUP. New Era Communication may determine abnormal or abusive usage based on comparisons to the usage patterns of other customers. If it is determined that Users violate this AUP, New Era Communication may invoice User, and User shall pay a per minute or per page fee for excessive use at the then-current rates established by New Era Communication. In addition to such excessive use charges, if New Era Communication identifies excessive or abusive traffic patterns, New Era Communication reserves the right to change Users’ applicable rate plan or suspend or terminate Service with or without notice.