Legal | Acceptable Use Policy

By using Services provided by Lingo® Management LLC (“Lingo”), a Customer, on behalf of itself or any of its Users (as those terms are defined below), agrees to the terms of this Acceptable Use Policy (the “AUP”). Portions of Lingo wireline and broadband services are provided by subsidiaries and affiliates of Lingo. This AUP may be updated by Lingo from time to time as reflected on this web page. The customer should review this web page from time to time for policy updates. This AUP is part of the Master Services Agreement (“MSA”) between Lingo and Customer and provides additional terms and conditions applicable to the Services.
In accordance with this AUP, Lingo reserves the right to deny, disconnect, modify and/or terminate, without notice, the Service provided by Lingo to any Customer whose use of the Service violates this AUP. Examples of violations of this AUP include, but are not limited to: (i) unlawful activities, (ii) violation of intellectual property rights, (iii) publication or dissemination of threatening material, (iv) inappropriate interaction with minors, (v) Spam/E-mail abuse, (vi) uses which are harmful to or interfere with the use of Lingo’s network or systems, or the network of any other provider, (vii) uses which interfere with the use or enjoyment of the Services received by others, and (viii) uses that constitutes a security risk or a violation of privacy. In addition, Lingo reserves the right to terminate or suspend the Service for any of the reasons set forth in the AUP, including when Lingo reasonably determines that your use of the Service (including use by Users) may expose Lingo to fines, sanctions, prosecution, civil action or any other liability.
1. Definitions.
The following definitions apply to this AUP. To the extent a term is not defined herein, the definition in the MSA or applicable service description document will apply.
“Lingo” or “we” means Lingo Managment LLC and any of its subsidiaries or affiliates providing Services to Customers within the United States.
“Service” or “Services” means voice services (including local and long distance services, wireline services, wireless services, Voice over Internet Protocol (“VoIP”) services, SIPConnect services, or cloud-based PBX services), Internet access services (including dial-up or broadband DSL, cable, wireless, or dedicated Internet access technologies such as ISDN, T1, PRI), web hosting services offered through facilities owned or operated by Lingo, and any other data or telecommunications services offered by Lingo, including the features, functions, and bundled offerings associated with such data or telecommunications services.
“Customer” is the individual, corporation, or legal entity that incurs usage charges for the Service and utilizes the Service for its own internal use.
“User” means an individual within Customer’s corporation or other legal entity who uses the Service and whose usage charges are incurred by Customer.
2. Acceptable Use of Internet Services.
Internet Services may be used for World Wide Web browsing, sending, receiving and reading electronic mail, transferring files via the file transfer protocol or similar Internet protocol. At all times Customer shall be responsible for any use of Internet Services by its Users. Use of Internet Services is subject to the Net Neutrality Disclosures set forth in Section 3 of this AUP.
a. Dial-Up Services.
User ID names and email addresses will be issued to Customer by Lingo based upon availability. Once a user ID name is disassociated from an account for any reason, Lingo may assign it elsewhere.
i. A dial-up account shall not be used to host a dedicated server site on the Internet.
ii. A dial-up account shall not be accessed simultaneously by multiple users using the same user ID.
iii. Dial-up accounts may only be used on an active dial-up basis, meaning only as needed and in no way on a standby or inactive basis in order to maintain a connection. Lingo may disconnect a dial-up account after 15 minutes of inactivity. This time is approximate and subject to change without notice in Lingo’s sole discretion. Lingo may allow longer intervals of inactivity in its discretion. Customer shall not use electronic or mechanical means to maintain an active connection, such as pinging the mail server, employing electronic or software auto-dialer features to maintain an active connection, or repeatedly checking for electronic mail by auto-login to the mail server. Lingo may audit connections electronically to enforce these requirements.
b. E-mail Services.
i. Electronic mail messages sent and received through Lingo mail servers is limited in size to 25 megabytes, including attachments.
ii. Electronic messages sent through Lingo mail servers are limited to 50 recipients.
iii. Lingo does not impose any size or recipient limits on E-mail sent through servers maintained by Customer.
c. Dedicated Services (including, but not limited to, ISDN, DSL, T1, T1 Complete, BirchLink® D, PRI Complete, and BirchLink® T). Use of a dedicated circuit to host servers is authorized. However, maintaining and SMTP (E-mail) open-relay server is prohibited.
d. Laptop Cards. The limit per month for laptop cards is five (5) gigabytes.
e. Applicable to all Internet Services.
i. The customer is responsible for keeping all devices assigned to its account in good operating condition. Any device provided by Customer must be compatible with Lingo systems and networks, and shall not interfere with the Services and must comply with all applicable laws, rules, and regulations.
ii. The customer cannot use the Service to cause any network disruption leading to negative impacts in service quality for other users. Excessive consumption of network resources including, but not limited to, Denial of Service (DoS) attacks, or attacks on individual users or networks, whether intentional or unintentional, is prohibited.
iii. Services may not be manipulated such that Customer or its Users create a forgery or impersonation to others that Service is being provided by someone other than Lingo, or in an effort to mislead others.
vi. Lingo is under no obligation to monitor usage, bandwidth, transmissions and content of the Service or to notify Customer of excessive usage. The customer is solely responsible for monitoring its usage, bandwidth, transmissions and content periodically to (1) comply with all laws, regulations and government requests, (2) to operate the Service properly, and (3) to protect itself, its network and its Users.
viii. Subject to Section 3 below, Lingo may at its discretion suspend Customer’s account if data usage is excessive, unusual or better suited for another plan. If Customer is on a plan that does not include a monthly MB/GB allowance and additional usage rates, Customer acknowledges and agrees that Lingo has the right to impose additional charges for use beyond any inclusive allowance.
ix. International and North American roaming charges will apply for any wireless Internet Service usage that occurs outside of the continental United States.
3. Acceptable Use of Voice Services.
In connection with the use of the Service, Subscriber shall comply, and shall require its Users to comply, with the terms and conditions of this Agreement and with all applicable laws and regulations, including, without limitation, the Digital Millennium Copyright Act.
a. Commercial Use. Customer agrees and represents that Customer is purchasing the Services and/or the equipment for Customer’s internal use only, and Customer shall not resell, transfer or make a change to the Services without the advance express written permission of Lingo. Customer shall not in any way interfere with other users, the Services, or equipment of the network, or use the Services in any way for (or as part of) any commercial service or application. Customer may not attempt to, in conjunction with any device, software program or service, circumvent technological measures employed to control access to the Service.
b. Fair Use. Lingo Services are for normal, reasonable use, consistent with the types and levels of usage by typical Customers on the same calling plan.
i. The term “typical” as used in this Section refers to the calling patterns of at least 95% of Lingo’s Customers on the same calling plan. Certain calling and messaging plans, including unlimited calling and messaging plans, are designed for normal 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.
ii. Unauthorized or excessive use beyond that normally experienced by typical, similarly situated Customers may cause extreme network capacity and congestion issues and interfere with Lingo’s network and the third party networks with which Lingo connects for call initiation and completion services. Any use of the Services or any other action that causes a disruption in the network integrity of Lingo services or its vendors, whether directly or indirectly, is strictly prohibited and may result in termination of the Services.
iii. Lingo evaluates Customer usage in comparison to typical levels of permissible usage engaged in by Lingo’s Customers. The following is a non-exhaustive list of impermissible uses of the Service and is considered outside of normal, typical use:
1. Resale to others;
2. Auto-dialing or fax/voice blasts;
3. Without live dialog, including use as a monitor or for transcription purposes;
4. Continuous or extensive call forwarding;
5. Continuous connectivity;
6. Constant dialing;
7. Iterative dialing;
8. Fax broadcast;
9. Fax blasting; and
10. Telemarketing involving practices that are in violation of any law or regulation or any other activity that would be inconsistent with typical usage.
c. Unlimited voice services. Unlimited voice services are provided solely for live dialog between two or more individuals. Unlimited voice services may not be used for monitoring services, data transmissions, transmission of broadcasts, transmission of recorded material, or other connections which do not consist of substantially uninterrupted live dialog between individuals.
i. Lingo reserves the right to review usage of unlimited usage plans to ensure that Customers are not abusing such plans. Customer agrees to use unlimited voice plans for normal voice and/or text message related communications with aggregate usage that falls within the range of similarly situated Customers. In addition, Customer agrees that Customer will not employ methods or use devices to take advantage of unlimited plans by using the Services excessively or for means not intended by Lingo.
ii. If Lingo finds that Customer is using an unlimited voice service offering for other than live dialog between two individuals, Lingo may, at its option, terminate Customer’s Service or change Customer’s plan. Lingo may provide commercially reasonable written or email notice that it intends to take any of the above actions. Notwithstanding the foregoing, Customer shall be entitled to use Lingo conference calling services such as three-way calling and Lingo-provided conference calling bridges.
iii. Lingo may terminate Service immediately if it determines, in its sole discretion, Customer is abusing an unlimited calling plan. Lingo deems usage that substantially exceeds the average volume of its other unlimited usage plan Customers as abusive. Customer agrees that Lingo has the right to terminate Customer’s service and/or charge Customer additional fees if Customer’s usage is considered abusive in the sole discretion of Lingo.
d. Excessive Usage. If it is determined that Customer’s usage is abusive, Customer agrees to pay a per minute, per text message, or per page fee for use in excess of typical levels at the then current rate established by Lingo, of at least $.04 per minute for voice calls and/or $.04 per facsimile page. At Lingo’s sole option, Customer’s service may be immediately terminated. A Customer’s aggregate usage may be considered outside of normal use if involves excessive:
1. Number of calls made to a conference calling service during a month;
2. Number of calls terminated and re-initiated consecutively, which, in the aggregate, result in excessive call lengths during a specific time frame;
3. Number of text messages;
4. Number of inbound domestic toll-free calling patterns during a month; or
5. Other abnormal calling patterns indicative of an attempt to evade enforcement of this AUP.
If, in Lingo’s sole discretion, Lingo affords Customer the opportunity to correct Customer’s abnormal usage patterns, and Customer fails to conform to normal use immediately, Lingo may exercise its right to transfer Customer’s service to a more appropriate plan, charge applicable rates for that plan, implement other limitations or suspend or terminate Customer’s service with or without notice.
If, in Lingo’s sole discretion, Lingo affords Customer the opportunity to correct Customer’s abnormal usage patterns, and Customer fails to conform to normal use immediately, Lingo may exercise its right to transfer Customer’s service to a more appropriate plan, charge applicable rates for that plan, implement other limitations or suspend or terminate Customer’s service with or without notice.
4. No Resale and Other Prohibited Activities. In connection with the use of the Service, Customer shall comply, and shall require its Users to comply, with the terms and conditions of this AUP and with all applicable laws and regulations, including, without limitation, the Digital Millennium Copyright Act.
a. No Resale. Service is provided for your use only (unless otherwise specifically stated) and you agree not to, whether for a fee or without charge, reproduce, duplicate, copy, sell, transfer, trade, resell, re-provision, redistribute, or rent the Service, your membership in the Service, any portion of the Service, use of the Service, or access to the Service, including, but not limited to, reselling capabilities enabled or used by a specific application.
b. Without limiting the generality of the foregoing, Customer and its Users shall not use the Service in a manner that interferes with or threatens to jeopardize Lingo’s network or the use of the Service by any of Lingo’s Customers, and Customer shall not use the Service:
i. to make foul or profane expressions, or to impersonate another person with fraudulent or malicious intent, or to annoy, abuse, threaten, or harass that person;
ii. to create or distribute chain letters or other types of Ponzi or pyramid schemes of any type;
iii. to send unsolicited mail messages, including the sending of junk mail or other advertising material to individuals who did not specifically request such material, who were not previous Customers of Customer or with whom Customer does not have an existing business relationship (spam); or distributing, advertising, web hosting or promoting software or services that have the primary purpose of encouraging or facilitating unsolicited commercial E-mail or spam;
iv. to transmit or upload material, information, messages, data or images that are libelous or defamatory, or that violate any privacy right, threaten physical harm or property damage, or that violate state, local or federal laws, including but not limited to, laws governing obscenity, pornography, intellectual property, or the transmission of copyrighted material or trade secrets unless possessing the appropriate and necessary rights to do so;
v. to cause or attempt to cause security breaches or disruptions of Internet communication or service. (Examples of security breaches include, but are not limited to, accessing data of which Customer is not an intended recipient, or logging in to a server or account that Customer is not expressly authorized to access. Examples of disruptions include, but are not limited to, port scans, ping floods, denial of service attacks, packet spoofing, and forged routing information); or
vi. to conduct or solicit the performance of any illegal activity or to conduct any other activity that infringes the rights of Lingo or any other party.
d. Customer and its Users shall not cause harm to the equipment, software, or processes used in connection with furnishing the Service, whether owned or operated by Lingo or other entities.
e. Excessive use, long connections or multiple logins for unlimited data or unlimited voice service plans. Unlimited data or voice service plans may be used for the following traditionally limited purposes: (i) Internet browsing; (ii) non-spam e-mail; (iii) intranet access (including access to corporate intranets, e-mail and individual productivity applications like Customer relationship management, sales force and field service automation); and (iv) live person to person calls. Unlimited voice or data Service plans cannot be used with server devices, host computer applications or other systems that drive continuous heavy traffic or data sessions. Examples of such prohibited uses include, without limitation, call centers, auto-dialers, educational institutions, mass-marketing, polling, web camera posts or broadcasts, continuous jpeg file transfers, automatic data feeds, telemetry applications, automated functions or any other machine-to-machine applications. Such sessions cannot be used as a substitute for private lines or frame relay connections. Our pricing for unlimited data or voice Service plans is based on an average for the typical Customer. We reserve the right to deny or terminate Service(s), without notice, to anyone who uses unlimited Service in any manner prohibited above or whose usage adversely impacts our network. Lingo reserves the right to deny or terminate Services where usage, in Lingo’s sole determination, is inconsistent with individual use or otherwise indicates possible resale, abuse or automated use of unlimited voice or data plans.
f. Upon any notice of alleged copyright infringement by a Customer, Lingo shall have the right to immediately remove the allegedly infringing content or temporarily disable the Customer’s web page. Lingo will notify Customer if such action is taken. Reinstatement may occur upon receipt by Lingo’s designated agent of a counter-notice delivered in accordance with the copyright infringement provisions of the Digital Millennium Copyright Act. Repeat infringers’ accounts will be terminated with no reinstatement. Lingo’s designated agent for infringement notices is: Spenserv, Inc., 1000 Walnut Street, Kansas City, Missouri 64106.
5. Content.
Lingo exercises no control over the content of the information passing through Lingo’s network and accessed through the Service. Lingo has no duty to monitor, review, remove, or edit any material passing through or residing on its network or servers, although Lingo reserves the right to do so. Some sites contain information that Customer or its Users may consider obscene or harmful. Lingo shall not be responsible in any manner and to any extent for sites or postings that might be considered obscene, offensive, harmful, or illegal. The customer is responsible for its own monitoring and viewing habits, and for those of its Users, including minors. Lingo makes no warranties of any kind, whether express or implied, about the content of the information passing through its network or accessed by the Customer or its Users through the Service. Use of any information obtained through the Service is at the sole risk of Customer and its Users. Lingo specifically disclaims any responsibility for the accuracy or quality of information obtained through the Service.
6. Equipment.
Customer shall be responsible for the proper installation, operation, and maintenance of any equipment not supplied by Lingo that is used by Customer or its Users in connection with the Service and Customer shall ensure that such equipment is technically and operationally compatible with the Service and in compliance with applicable laws and regulations.
7. Violations of this Policy.
If Lingo receives notice from a third party, or if Lingo reasonably believes that a Customer or any of its Users has violated any of the terms of this AUP, then Lingo shall have the right, in its sole discretion, without prior notification to Customer or its Users (provided, however that Lingo will attempt to provide commercially reasonable written or email notice), without limiting any other rights or remedies Lingo might have, and without incurring any obligation or liability to Customer or its Users, to temporarily discontinue furnishing Service to Customer or its Users, in whole or in part, or to terminate this AUP. Lingo may charge a reconnect fee for any discontinued Service that is subsequently reconnected. Customer shall defend, indemnify and hold harmless Lingo, its officers, directors, agents and vendors, from and against any claims, damages, losses or expenses (including, without limitation, attorney’s fees and costs) incurred in connection with all claims, suits, judgments and causes of actions for damages arising from any breach by Customer or its Users of any provision of this AUP.
Last Updated 5/15/2018