Acceptable Use

Unlimited Voice Services

Big River has prepared this Acceptable Use Policy (“Policy”) as a guide for its customers to understand the intended and permissible uses of our service, and to prevent exploitation, fraud, and abuse of its unlimited calling plans and features. This Policy is based upon the relevant provisions in our Terms of Service and is applicable to all our services.

Normal, Reasonable Residential Use

Big River’s service is a single (and not extended or multi-) family residential voice service. It is engineered to process and deliver traffic profiles and utilization levels of our typical residential customers’ calling patterns (hereafter also referred to as “normal” residential use). “Unlimited” refers to that type and level of usage. “Typical” refers to the calling patterns of at least 95% of our customers on a particular calling plan. Normal residential traffic profiles and utilization do not include business line or trunk class of service levels that may arise from business, multiple or extended family, community or fraudulent use. “Unlimited” does not refer to those types and levels of usage. Telephone utilization that is indicative of, or arising from, impermissible business, multiple family, community or fraudulent use, as outlined herein, on a residential class of service line may create network congestion that will manifest itself in increased busy signals for themselves and others.

Big River’s residential unlimited service plans and features are only for single (and not extended or multi-) family residential (or personal, non-commercial) or co-branded use only. Co-branded use is defined as Big River service that is provided by a third party partner under that third party partner’s marketing brand, with or without reference to Big River. This means that only the account holder, and residential family members may use Big River’s residential unlimited service plans. Residential family members include the account holder’s immediate family who reside in your personal residence – e.g., spouse, domestic partner, parents and/or children.

Normal, Reasonable Business Use

Big River’s unlimited business service plans and features are for normal business use. Normal, reasonable use on Big River’s unlimited business plans must be in accordance with this Reasonable Use Policy, our Terms of Service and consistent with the types and levels of usage by typical customers on the same business calling plan. Unauthorized or excessive use beyond that normally experienced by typical business customers may create network congestion that will manifest itself in increased busy signals for themselves and others, and may result in service termination.

Impermissible Use(s)

Big River evaluates customer usage in comparison to typical levels of permissible usage engaged in by legitimate customers (residential use under residential service plans, business use under business service plans, or affiliate use under co-branded service offers or plans).

Impermissible Residential Use

Each of the following is impermissible under Big River’s residential unlimited plans and considered outside of normal single (and not extended or multi-) family residential (or personal, non-commercial) or co-branded use:

• by or for others who do not live with you,
• operating a business, even if operating from the residence,
• operating any other enterprise, including not-for-profit or governmental,
• operating a call center,
• resale to others,
• auto-dialing or fax/voice blasts,
• telemarketing,
• operating or connecting to multi-party conference calling,
• operating or connecting to multi-party “chat” lines,
• engaging in activities that generate minutes that result in revenue-sharing by customer,
• traffic without live dialog, including use as a monitor, intercom or for transcription purposes.

Over 95% of Big River’s residential unlimited calling plan customers use less than 2,000 minutes per month and do not have any unusual usage patterns in terms of unique numbers called, high call forwarding/transferring usage and so on. A customer’s aggregate usage may be considered outside of normal use if it exceeds 2,000 minutes per month IN COMBINATION with one or more of the following, including, but not limited to, excessive:

• unique numbers called;
• call lengths;
• call forwarding/transferring;
• conference calling;
• short duration calls;
• number of calls made during a month,
• number of calls made to a conference calling service during a month;
• number of calls made during business hours;
• number of calls terminated and re-initiated consecutively, which, in the aggregate, result in excessive call lengths during a specific time frame; or
• other abnormal calling patterns indicative of an attempt to evade enforcement of this Reasonable Use Policy.

Based on such a combination, Big River may determine that abnormal, unreasonable or impermissible usage is occurring when compared to typical customers on the same calling plan, and may take appropriate steps described below to enforce this Policy and the Terms of Service (“Big River’s Rights”).

Big River may also determine that abnormal, unreasonable or impermissible usage is occurring, and may take appropriate steps described below even if the number of minutes used is not excessive, when a customer’s calling patterns during more than one month reflect excessive:

• unique numbers called;
• call lengths;
• frequency of call forwarding/transferring;
• conference calling;
• short duration calls;
• number of calls made during a month;
• number of calls made to a conference calling service during a month;
• calls made during business hours;
• number of calls terminated and re-initiated consecutively, which, in the aggregate, result in excessive call lengths during a specific time frame; or
• other calling patterns indicative of an attempt to evade enforcement of this Reasonable Use Policy
• For Lawful and Appropriate Purposes Only; Big River’s Rights

Impermissible Business Use

Each of the following is impermissible under Big River’s business unlimited plans and considered outside of normal single (and not extended or multi-) family residential (or personal, non-commercial) or co-branded use:

• operating a call center,
• resale of telecommunications service to others,
• auto-dialing or fax/voice blasts,
• telemarketing,
• operating or connecting to multi-party conference calling,
• operating or connecting to multi-party “chat” lines,
• engaging in activities that generate minutes that result in revenue-sharing by customer,
• traffic without live dialog, including use as a monitor, intercom or for transcription purposes.

Over 95% of Big River’s business unlimited calling plan customers use less than 3,000 minutes per month and do not have any unusual usage patterns in terms of unique numbers called, high call forwarding/transferring usage and so on. A customer’s aggregate usage may be considered outside of normal use if it exceeds 3,000 minutes per month IN COMBINATION with one or more of the following, including, but not limited to, excessive:

• unique numbers called;
• call lengths;
• call forwarding/transferring;
• conference calling;
• short duration calls;
• number of calls made during a month,
• number of calls made to a conference calling service during a month;
• number of calls made during business hours;
• number of calls terminated and re-initiated consecutively, which, in the aggregate, result in excessive call lengths during a specific time frame; or
• other abnormal calling patterns indicative of an attempt to evade enforcement of this Reasonable Use Policy.

Based on such a combination, Big River may determine that abnormal, unreasonable or impermissible usage is occurring when compared to typical customers on the same calling plan, and may take appropriate steps described below to enforce this Policy and the Terms of Service (“Big River’s Rights”).

Big River may also determine that abnormal, unreasonable or impermissible usage is occurring, and may take appropriate steps described below even if the number of minutes used is not excessive, when a customer’s calling patterns during more than one month reflect excessive:

• unique numbers called;
• call lengths;
• frequency of call forwarding/transferring;
• conference calling;
• short duration calls;
• number of calls made during a month;
• number of calls made to a conference calling service during a month;
• number of calls terminated and re-initiated consecutively, which, in the aggregate, result in excessive call lengths during a specific time frame; or
• other calling patterns indicative of an attempt to evade enforcement of this Reasonable Use Policy
• For Lawful and Appropriate Purposes Only; Big River’s Rights

You may not use our service or devices in any way that is illegal, fraudulent, improper or inappropriate. You may not use any automated means to manipulate our service or use our service to violate any law, rule, regulation or any third party’s intellectual property or personal rights.

We reserve the right to review your account and take further action, including, but not limited to, immediate suspension of your Big River service if account usage is beyond normal standards for typical customers on the same calling plan, impermissible or detrimental to other customers’ ability to use the service or adversely affects our operations. We may assess abnormal usage based on comparisons to the usage patterns and levels of our other customers on the same plan(s). If we determine that you are engaging in abnormal or impermissible usage, we will use commercially reasonable efforts to inform you and may provide you with the opportunity to correct the improper usage. If we afford you the opportunity to correct your abnormal usage patterns and you fail to immediately conform to normal use, we may exercise our right to transfer your service to a more appropriate plan, charge applicable rates for that plan, implement other limitations or suspend or terminate your service with or without notice. If we believe that our service has been used for an unlawful purpose or in violation of this acceptable use policy, we may immediately terminate your service with or without notice and/or forward the relevant communication and other information to the appropriate authorities for investigation and prosecution. We reserve all of our legal rights.

Changes

Big River reserves the right to change this Policy at any time. Changes shall become effective when a revised Policy is posted to Big River’s websites.