Acceptable Use.

Our Terms of Acceptable Usage Policy aims to ensure that all our valued clients:

• Have unimpeded access to our services; and
• Do not employ our services in ways we deem ‘unreasonable’ or ‘inappropriate.’

Additionally, these terms highlight your responsibilities when using our Service, detail the actions we may undertake to monitor and guarantee compliance with this policy and outline our duties to adhere to directives from regulatory and other legal bodies.

This policy further clarifies how we provide specific services to you and the measures we undertake to manage our network during high-traffic periods.

The Terms of Acceptable Usage Policy applies to all our services.

General

As a business customer, including small to medium-sized business customers, our Services should be utilised in the standard course of business operations.

You should not use the Service in a manner deemed ‘unreasonable’ or ‘inappropriate.’

Unreasonable Use

We consider your use of the service unreasonable if you use it in a manner which is other than it was intended for.

Here are several examples of usage that we deem ‘unreasonable.’ This list is not exhaustive:

• Use of the Service in a way that cannot be reasonably seen as standard business usage.
• Use of the Service for fraudulent activities.
  Abnormal or excessive use of back-to-base services.
• Use of the Service in conjunction with a device that switches or re-routes calls to or from our network to another carrier’s network.
• Wholesaling any service or using the Service in connection with any device that switches or re-routes calls, potentially tying up a line for hours.
• Use of the Service for wholesale supply of any service (including transit, refile or aggregate domestic or international traffic) on our network.
• Calling 13xx or 18xx numbers to make indirect calls through other providers including through a calling card.
• Use of the Service for arbitrage purposes.
• Use of the Service in connection with a device that automatically dials numbers.
• Use of the Service to make or receive calls on our network for purposes of resale, resupply, or commercial exploitation.
• Use of the Service for continuous call forwarding or multiple simultaneous calling.
• Use of the Service for anything that isn’t a standard person-to-person communication.

Unacceptable Use

You may not use our services in any manner which improperly interferes with another person’s use of our services or for illegal or unlawful purposes. You may not use any equipment or devices on our network which have not been approved by us. We consider the use of our services or unauthorised equipment in this way to be unacceptable.

Here are some examples of usage that we deem unacceptable and inappropriate. This list is not exhaustive:

• Providing us with false User information to use the Service.
• Using any equipment or device on our network which has not been authorised by us.
• Making unsolicited or unwanted commercial calls to individuals or businesses.
• Using the service to gain improper access to another person’s private or personal information.
• Using the service to distribute or make available indecent, obscene, offensive, pornographic, illegal, or confidential material.
• Using the service to defame, harass or abuse anyone or violate their privacy.
  contravening any applicable laws when you use the service.
• Using the service to communicate with emergency service organisations where an emergency situation does not exist.
• Using the service to distribute or make available material that is misleading or deceptive as to your identity.
• Infringing any person’s intellectual property rights, including copyright, when you use the service.
• Using the service in a way which interferes or disrupts the service, any computer system access through it or any other person’s use of it.

Excessive Usage

Our Call Plans, which include Unlimited/Included Standard Calls, are designed for ‘standard small to medium sized businesses operating within Australia.

A ‘standard small to medium-sized business’ is a business that engages in normal trading activities during standard business hours applicable to businesses within their geographic region.

SIPcity has analysed the call patterns of standard small to medium sized businesses operating within Australia and utilised this data to assess whether your usage under an Unlimited/Included Call Plan is excessive. Therefore, Unlimited calling plans are only meant to be used by single shift agents with no more than three (3) hours per day of talk time, five (5) days a week.

We may contact you via phone or email, using the contact details you provided, before initiating charges for excessive use.

Usage Patterns

Certain activity and specific call patterns may suggest that your usage of the Service deviates from that of a ‘standard small to medium-sized business.’ Service usage outside of what is typical for a ‘standard small to medium-sized business’ is considered unreasonable. You agree that SIPcity has the discretion to determine whether your use of the Service is unreasonable. However, we may, at our absolute discretion, provide written consent to such usage, subject to certain conditions.

Compliance Monitoring

While we are not obligated to monitor your calling activity, we may occasionally oversee transmissions to protect our network, our clients, and the general public, as well as to verify your adherence to the terms of this policy. We may need to disclose any findings as required to regulatory authorities.

We actively work to minimise unreasonable use of our network, which may include:

• Restricting your ability to make and receive calls.
• Limiting your access to the Service.
• Requiring you to correct any misconfigured mail and/or proxy servers.

We may provide your username, IP address, or identifying material to law enforcement authorities when required to do so.

Breach of the Terms of Acceptable Usage

If we reasonably believe that you are in breach of these Terms of Acceptable Usage, without limiting or restricting our rights under our Terms of Use, we may, where we consider your use unreasonable:

• Suspend your access to that offer, or
• Suspend or cancel your Services:
  This suspension or cancellation could be immediate and without any prior warning or notice given to you. Our right to suspend or cancel the Service without notice to you under this clause overrides any requirement we may have to provide you with notice in other parts of our Terms of Use.
  Upon cancellation of an account, we are authorised to delete any files, data, or information associated with the account.