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Acceptable Use Policy

Introduction

This Acceptable Use Policy sets forth the guidelines for acceptable use of all products and services offered by Lingo Telecom, LLC. dba Lingo dba BullsEye (provider of services under the Lingo, BullsEye, Impact Telecom, Excel Telecommunications, VarTec Telecom, Trinsic, Matrix Business Technologies, Americatel, Startec, Teligent, 1010123, 1010719 and 1016868 brand names), hereinafter “Lingo.”

Lingo seeks to promote a high level of responsible behavior in connection with the use of the Internet and all Lingo’s communications products and services. All users are required to comply with all Lingo terms and conditions and this Acceptable Use Policy, along with any applicable agreements, as well as any applicable tariffs or service schedules. Each user is strictly responsible for its compliance with, and its customers’ compliance with, this Acceptable Use Policy, as well as the policies of any other networks accessed by the user.

Disclaimers and Indemnification

Subject to the other provisions of this Acceptable Use Policy, Lingo provides an unfiltered connection to the Internet via its IP-related Services. Lingo is not responsible for any materials accessible on or through Lingo’s products or services. No data, documents, materials, or information that enters the Network is reviewed before being transmitted to users. Accordingly, Lingo neither controls nor accepts responsibility for the content of any, but not limited to, communications that are transmitted or made available to users, regardless of whether they originated from users of our IP-related Services. Users are solely and fully responsible for their content.

In addition, Lingo expressly disclaims any responsibility for the accuracy or quality of information provided by third parties that may be obtained through the use of our IP-related Services. ALL MATERIAL AND INFORMATION OBTAINED BY ANY USER THROUGH OUR INTERNET ACCESS IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY RELATED TO PRIVACY, SECURITY OR INTERGRITY OF ANY DATA USER TRANSMITED OVER THE INTERNET. IN NO EVENT WILL LINGO BE LIABLE FOR ANY DAMAGES, EITHER DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, FOR USE OF OR INABLITY TO USE LINGO’S INTERENT ACCESS, OF ANY KIND, DELAY OF OR PARTIAL DELIVERY, TERMINATION OR RIGHTS OF LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL, OR TO PROVIDE ANY INDEMNIFICATION OR ANY OTHER REMEMDY TO ANY USER OF LINGO’S INTERNET ACCESS. USER’S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING AND ACCESSING OUR IP-RELATED SERVICES. This limitation will not apply to claims relating to death or personal injury, which arises out of products deemed to be consumer goods under applicable law. To the extent that the jurisdiction to which any user is subject does not allow any part of such limitation, such part does not apply. Lingo does not warrant that our IP-related Services will meet any user’s requirements, or that it will operate in combination with any software and/or services, which any user may select to use, that the operation of our Internet Access service will be uninterrupted or error free, that any errors will be corrected and/or that our IP-related Services will meet any particular criteria of performance or quality.

You agree to indemnify, defend and hold harmless Lingo, its partners, agents, independent representatives and employees from and against any damages, judgments, expenses and other liabilities resulting from any final determination that the data, information and/or content stored, received or transmitted, now or in the future, from your account, infringes trademark, service mark, trade secret, trade dress, copyright, patent, right of privacy, right of publicity, moral rights or other intellectual property rights and from any other damages, claims or suits or actions which may arise, now or in the future, as a result of your use of our IP-related Services. This indemnification shall survive any termination of use of our IP-related Services.

IP Numbers and Domain Names

Users may only use: (i) IP numbers assigned by Lingo for applicable products and services and (ii) domain names for which they have registered and must keep current information on file with the registrar.

Customer Security Measures

Any and all users of our IP-related Services are responsible for their own security measures and for configuring their own IT systems to provide the maximum accountability possible. Users are also solely responsible for ensuring the confidentiality of account information, data and password access. At any time if an end user finds that the end user’s security has been breached, the end user is responsible for reporting the violation and handling the repair to stop the violation.

Security

Any and all users of our IP-related Services are individually responsible for immediately notifying Lingo should the user become aware of any situation that may in way affect our products and services and/or our Network or systems. A server that is compromised has the potential to be disruptive to our Network and other users. For that reason, Lingo reserves the right to take your server offline without your consent if it is accessed or manipulated by a third party. Lingo does not represent or warrant to anyone any obligation regarding monitoring or policing of activities which may occur while customers use our products and services, nor does Lingo have any liability to any party, including our customers or their customers, regarding any violation of this Acceptable Use Policy.

Filters

Lingo reserves the right to use any appropriate and necessary devices to ensure compliance with the Acceptable Use Policy including but not limited to installation of any equipment and or systems that will allow Lingo to filter and/or terminate service to our IP-related Services.

Prohibited Use

You agree to comply with all applicable local, state and federal laws and regulations regarding use of all products and services provided by Lingo. The following is an outline of some of the prohibited uses of our services. The examples of prohibited use set forth below and throughout this Acceptable Use Policy are non-exclusive, and are provided as guidelines to customers and other users of our products and services.

Our products and services may only be use for lawful purposes. The transmission, distribution, or storage of any information, data, or material in violation of any applicable law or regulation is prohibited. Without limitation of the foregoing, it is strictly prohibited to create, transmit, distribute, upload or post and/or store any information, data, or material which in our sole discretion:

  • Infringes any copyright, patent, trademark, trade secret, or other intellectual property right. Is obscene, indecent or constitutes, fosters or promotes child pornography. All illegal pornography is prohibited.
  • Is libelous, defamatory, hateful, racist, malicious, treasonous, promotes or incites violence, threatens national security, or public health and safety, constitutes an illegal threat or abuse, or is in any way illegal or unlawful.
  • Violates export control laws or encryption laws.
  • Encourages conduct that would constitute a criminal offense or give rise to civil liability.
  • Violates or is alleged to violate federal or state laws applicable to Internet usage, state “spam” laws, the federal CAN-SPAM Act, FCC and State Robocall laws, or any other applicable law or regulation.
  • Potentially exposes Lingo to any civil or criminal liability.
  • Is unfair or deceptive under the consumer protection laws of any state.
  • Exposes confidential or proprietary information of Lingo or any other party.
  • Is used for any unlawful purposes or activities whether civil or criminal.

The following general actions are considered “abuse” and are violations of this Acceptable Use Policy and are strictly prohibited. The following outline is not considered exclusive and is only to be used as a general guideline. Our services and products shall not be used:

  • to attempt to gain unauthorized access to Lingo’s Network or systems or attempt to breach its authorization protocols or security measures.
  • to obstruct, restrict or inhibit any other user, whether a customer of Lingo or a user of any other system or network, from using any of Lingo’s services or products.
  • to impersonate another user or otherwise falsify one’s user name in email or any post to any newsgroup or mailing list.
  • in any manner that constitutes in any way harassment, whether through language, frequency or size of message.
  • for creating, forwarding, posting or distribution of chain messages of any type. This includes but is not limited to any messages also referred to as “Pyramid” or “Ponzi” schemes.
  • to forge message headers or a sender’s identity, or taking any similar action with the intent of bypassing restrictions or limit on access to a specific service or site. This does not restrict the legitimate use of aliases or anonymous re-emailers.
  • to falsify identity or contact information to circumvent this Acceptable Use Policy. This does not restrict the legitimate use of aliases or anonymous re-emailers.
  • for attempts to circumvent or alter the processes or procedures to measure time, bandwidth utilization, or other methods or document use of Lingo’s products and services.
  • to maintain a continuous connection to the Internet namely unattended automated operations or server connectivity applications, or continuously reconnect to the Internet even when you are not actively using the connection. If a user session on “dial-up” connection is connected for a suspicious period of time, we may terminate the session.
  • in email address “harvesting” or “dictionary attacks.”
  • to send massive quantities of data (i.e., “flooding” with ICMP, SMTP, or any other type of traffic that exceeds accepted norms or size or frequency) with the intent of filling circuits, overloading systems, and/or crashing hosts.
  • in a manner that degrades, causes disruption to, harms Lingo’s service, Network or systems.
  • to attack or disable any user, host or site, nor shall any files containing a computer virus or corrupted data be intentionally transmitted.
  • to distribute or propagate any type of program, script, or command designed to interfere with the use, functionality, or connectivity of any Internet user, host or system or site.
  • to propagate messages, via email, instant message or otherwise, that contain computer worms, viruses, control characters of Trojan horses.
  • to intentionally inject false information or data into the Internet.
  • to disrupt newsgroups with materials, postings, or activities that are (as determined by Lingo in its sole discretion) frivolous, unlawful, obscene, threatening, abusive, libelous, hateful, excessive, or repetitious, unless such materials or activities are expressly allowed or encouraged within the specific newsgroup, and you must comply with the rules for content and commercial USENET & IBC postings for groups.
  • to post any advertisement or other commercial solicitation to any newsgroup. Lingo’s reserves the right to, in its sole discretion, to determine whether a post constitutes an advertisement or commercial solicitations.
  • to post a single article or substantially similar articles to an excessive number of newsgroups or mailing lists, or continued posting will be considered off-topic when it provokes complaints from the regular readers or the newsgroup or is deemed so by Lingo. A violation of this policy will result in immediate termination of the user account.
  • to post binary files to newsgroups whose charter does not specifically allow for such files.
  • to post via Lingo’s Internet access any solicitation for mail-back to an email address (including address on non-Company users) with the intention of bypassing this Acceptable Use Policy.
  • to cancel newsgroup posting other than their own, or using auto-responders or cancel-bots (or similar automated or manual routines), which generate excessive network traffic or disrupt Usenet newsgroup/email use by others (except in cases of official newsgroup moderators performing their duties).
  • to engage in “Excessive Cross-Posting” (ECP) or “Excessive Multi-Posting” (EMP) or “Usenet SPAM” or “Mail bombing” (no matter what the content might be) as generally defined by the Internet community.
  • in filtering messages (e.g., NoCem) in an intrusive manner.
  • to perform any unauthorized creation, cancellation, or removal of any newsgroups.
  • in the exploitation of any scripts presented on web pages (e.g., forms for answering questions or for entering data).
  • to perform “walking” a database for the purpose of collecting data contained therein (whether or not this behavior requires that the reader of the page must knowingly ignore files such as “robot.txt” which is designed to guide cataloguing robots/programs).
  • to operate a robot on a site’s page after the site has requested that the behavior cease.
  • to configure a web page to act maliciously against users that visit that web page.
  • to create and cancel accounts with the sole purpose of gaining financial advantage in the form of customer points, usage commissions or any other financial advantage.

If Lingo determines, in our sole discretion, that any other abuse, or inappropriate or illegal activity is occurring, Lingo reserves the right to suspend or terminate access or use of our products and services for or exercise other rights and remedies set forth in this Acceptable Use Policy.

Suspension or Termination

In the event that any user of Company products or services engages in any conduct that in any way violates this Acceptable Use Policy, or is in any way illegal or improper, Lingo reserves the right to suspend and/or terminate the service or the users access to Lingo products and services. In the event of any suspension, termination or adverse action by Lingo, the user remains responsible for timely remittance of all charges and fees for the remainder of the contract term.

Lingo will under normal circumstances and conditions attempt to contact and notify you in the event that we become aware of activity that violates this Acceptable Use Policy to request that the customer cease and desist in any activities in violation of this Acceptable Use Policy. However, you are advised that in the event of a threat to the operations to Lingo or in the event that Lingo becomes aware of activities that are (or are suspected to be) improper or illegal, or where the operation of our network is threatened, Lingo reserves the right to immediately suspend and/or terminate the product and/or service without notification. Lingo also reserves the right to take appropriate actions against any user who violates the terms and conditions of this Acceptable Use Policy or who have Company-assigned IP numbers listed on abuse data sites such as NJABL and Spews. Customers waive the right to any credit under a service level agreement when the interruption is due to an Acceptable Use Policy violation.

Charges

Lingo reserves the right to directly charge any user for its hourly costs associated with any users breach of this Acceptable Use Policy and corresponding materials or equipment needed to address the breach, including investigation or remedy of the breach, allegations by third parties, or subpoenas or requests for information.

Investigations and Cooperation with Law Enforcement

Each user is responsible for providing reasonable assistance to Lingo in investigating and resolving issues, problems, and/or complaints arising out of the services provided to such user. In the event of suspected, alleged, or actual illegal activity or other inappropriate activity, Lingo will notify and/or cooperate with applicable law enforcement authorities for potential civil, criminal investigation, prosecution or lawsuit. In the event Lingo receives a formal or informal request for assistance from a law enforcement authority in respect of suspected, alleged or actual illegal conduct, Lingo reserves the right to notify or to cooperate with law enforcement authorities in accordance with state and federal law. Customer will have no cause of action whatsoever for any such notification of, or cooperation with, law enforcement authorities.

Policy Modifications

Lingo reserves the right to modify, alter or otherwise update this Acceptable Use Policy, including imposing additional reasonable restrictions on use, from time to time without notice, and such modifications will be effective immediately upon posting on the website. In addition, you agree to review this Acceptable Use Policy periodically to be aware of such modifications and your continued access or use of our products and services will be deemed your conclusive acceptance of the modified Acceptable Use Policy.

Copyrighted Works

Our service and/or equipment may not be used, in any manner or means, to violate protected works of copyright holders. Lingo reserves the right to terminate the service of copyright infringers.

Any complaint regarding alleged copyright infringement by someone should be sent to:

Lingo Telecom, LLC.
Attn.: Legal Department
25925 Telegraph Road, Suite 210
Southfield, MI 48033

legal@lingo.com

To be effective, a notification of claim of copyright infringement must be provided in writing and must include the following information:

  • A physical or electronic signature of the owner of or a person authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Lingo to locate the material.
  • Information reasonably sufficient to permit Lingo to contact the Complaining Party, such as an address, telephone number, and, if available, an electronic mail address at which the Complaining Party may be contacted.
  • A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is the owner of or is authorized to act on behalf of an exclusive right that is allegedly infringed.

Verison 10.2023