This Fair Usage Policy (“Policy”) is subject to the RingLogix Master Services Agreement (“MSA”) and any applicable Service Schedules and is a legal agreement between you (“Service Partner”) and RingLogix, LLC and its suppliers and licensors (collectively, “RingLogix”). This Policy describes how RingLogix manages services that are marketed or sold as “Unlimited.”
If there is a conflict between this Policy and the MSA or an applicable Service Schedule, the MSA or Service Schedule will control.
1.0 Scope
1.1 Unlimited Services Only
This Policy applies only to services that are marketed or sold by RingLogix as “Unlimited” (for example, Unlimited calling, Unlimited faxing, or Unlimited messaging), whether provided as stand-alone services or as part of a flat-rate or bundled plan.
1.2 Relationship to Other Terms
This Policy is supplementary to the MSA and any applicable Service Schedules. It does not replace or limit:
- Your obligations to comply with law; or
- Any other usage or compliance policies that may apply to specific services (for example, messaging / 10DLC policies).
2.0 Normal and Intended Use of Unlimited Services
2.1 Business Use
Unlimited services are intended to support normal, reasonable business usage for the service and plan type purchased (for example, a typical business seat, typical SIP channel, or typical fax endpoint).
2.2 Not a Wholesale or Transit Service
Unlimited services are not intended to be used as:
- A wholesale trunk or general-purpose aggregation service for unaffiliated carriers or Service Partners; or
- A general transit service between third-party networks.
2.3 Per-Service Usage
Where a service, line, seat, or channel is designated as Unlimited, you agree to use that Unlimited service for its own intended workload and not as a way to pool or concentrate traffic from multiple unrelated businesses in a way that resembles wholesale or carrier-level usage.
3.0 Examples of Excessive or Abusive Unlimited Usage
RingLogix may treat usage on an Unlimited service as excessive or abusive where it is materially inconsistent with the normal and intended use of the applicable plan. Examples include, without limitation:
- Autodialing or predictive dialing of any type.
- Continuous or extensive call forwarding, continuous connectivity, constant dialing, or iterative dialing patterns.
- Excessive short-duration or no-answer calls suggesting automated or non-business behavior.
- Fax broadcasting or fax blasting from a single Unlimited fax service.
- Use of an Unlimited service to generate an abnormally high volume of calls or faxes that is not consistent with typical business usage for similar customers on the same plan.
- Using an Unlimited service in a way that effectively aggregates traffic for multiple unrelated businesses (for example, using one Unlimited trunk, seat, or endpoint to serve many separate entities, rather than assigning them appropriate plans or channels).
These examples are illustrative only. RingLogix may consider the totality of circumstances, including comparisons to similar customers and services, when determining whether usage on an Unlimited service is excessive or abusive.
4.0 Review of Unlimited Usage
4.1 Right to Review
RingLogix reserves the right to review the usage of Unlimited services at any time to determine whether such usage is consistent with this Policy.
4.2 Information Considered
In reviewing Unlimited usage, RingLogix may consider, for example:
- Total minutes, calls, faxes, or messages per Unlimited service;
- Ratios of answered calls to short-duration or no-answer calls;
- Traffic patterns by destination type (for example, premium or high-risk destinations);
- Comparisons to typical usage patterns for similar customers on similar plans.
RingLogix’s review will focus on whether the Unlimited service is being used in a way that aligns with normal business usage for the applicable service and plan.
5.0 Remedies for Excessive Unlimited Usage
Without limiting RingLogix’s other rights under the MSA or applicable Schedules, if RingLogix determines that the usage of an Unlimited service is excessive, abusive, or inconsistent with this Policy, RingLogix may take one or more of the following actions:
5.1 Notice and Discussion
Provide the Service Partner with notice describing the observed usage pattern and, where appropriate, work with the Service Partner to understand the use case and identify a more suitable plan or configuration.
5.2 Move to a Different Plan
Move the affected Unlimited service(s) to a more appropriate measured or capacity-based plan (for example, per-minute, per-channel, or call-center–appropriate pricing) as of a future billing period, with pricing based on the rates in effect at the time of change.
5.3 Apply Reasonable Technical Limits
Apply reasonable technical limits (for example, caps, rate limits, or similar controls) to the affected Unlimited service(s) if necessary to protect the stability or performance of the platform while longer-term plan or configuration changes are implemented.
5.4 Suspension or Termination for Serious Abuse
In cases of serious or repeated abuse of Unlimited services, RingLogix may suspend or terminate the affected services in accordance with the MSA and applicable Service Schedules. Where such usage is determined to be fraudulent or intentionally abusive, RingLogix may also seek to recover its direct costs and charges from carriers or vendors to the extent permitted under the MSA.
5.5 Notice of Changes
Except where immediate action is required to protect the network or other customers, RingLogix will provide reasonable notice of material changes to Unlimited services or plan classifications resulting from enforcement of this Policy.
6.0 No Limitation of Other Rights
This Policy is limited to usage of services marketed or sold as Unlimited and does not limit:
RingLogix’s ability to address illegal, fraudulent, or other prohibited behavior under the MSA or any applicable Acceptable Use or compliance policies; or
Any other rights or remedies RingLogix may have under its agreements with you or at law.