Acceptable Use

1. INTRODUCTION. The intent of Freshphone’s Acceptable Use Policy (AUP) is to improve the use of Freshphone services by proactively preventing unacceptable use. All of Freshphone’s customers and customers of Freshphone’s customers or any downstream customers including visitors of customers using FreshPhone services must comply with this AUP.

In consideration of providing VoIP cloud phone service (“Service”), Freshphone shall charge the customers a periodic fee as stated in our Terms of Service and/or customer sales agreement. The periodic fee shall be subject to change upon thirty days’ written notice, or any contract term stated in the Terms of Service and/or customer sales agreement. As a user of Freshphone service, you agree that you are at least 18 years of age (or have permission from a parent or guardian to use this service) and will abide by the policies of Freshphone. Freshphone may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Violating any terms listed in this AUP may result in the suspension or termination of your account without notice. Freshphone reserves the right to refuse service to anyone for any reason and shall abide by the moral code of the owners.

2. VIOLATIONS OF FRESHPHONE’S ACCEPTABLE USE POLICY. The following are violations of Freshphone’s AUP:

• Illegal Use: As a user of Freshphone’s service, you agree not to use the service in a manner that violates any local, state, or federal law.
• Harm to Others: Using the services to harm others, including but not limited to minors.
• Threats & Harassment: You agree not to use the service for abusive, profane, libelous, slanderous, threatening, or otherwise harassing calls.
• Fraudulent Activity: Using the service to make or participate in fraudulent activity including financial scams.
• Copyright or Trademark Infringement: Using the service to transmit any material that infringes any copyright, trademark, patent, trade secret, or other propriety rights of a third party.
• Collection of Personal Data: Using the Services to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
• Reselling the Services: Reselling the Services without Freshphone’s authorization.

3. TECHNICAL SUPPORT. Freshphone assumes that the user has a basic understanding of their computer. Freshphone will not train users in basic computer skills such as, but not limited to deleting files, creating directories, sending emails, or using a web browser. Technical support is intended to facilitate the setup of your cloud phone service using the properly functioning computer system/computer network for access to our services. Our technical support staff is not trained to and will not assist you in installing and/or troubleshooting modems, network cards, routers, complex network configurations, or telephone lines.

4. BILLING. There is no money-back guarantee for any services unless specifically granted in writing or a special one-time promotion. There are no pro-rated refunds for unused time or service. Accounts that are more than 1 (one) day delinquent in payment may be suspended until payment has been received. Your account is not “monitored” for inactivity and we do not assume that you wish to cancel if you have not used your account for any period of time. You are responsible for any disputed charges beyond 60 days from the date of the charge. All accounts suspended for non-payment are subject to a $15.00 re-activation fee. Any accounts that go into collections status will be transferred to a collections agency and incur a $25.00 processing fee.

5. CHOICE OF LAW. You and Freshphone agree that the law of the State of Michigan, U.S.A. will apply to all matters relating to this Agreement and Fresh Phone LLC. In addition, you and Freshphone agree and consent that the courts of Ottawa County, Michigan, U.S.A. will have exclusive jurisdiction and be the exclusive venue for any legal actions relating to this Agreement or the services provided hereunder. Customers agree to defend, indemnify and hold harmless Freshphone, its officers, directors, employees, agents, and licensees, from any claims and expenses, including reasonable attorney’s fees, arising out of or relating to member’s use of Freshphone’s service. If any part of this agreement is unacceptable to you, you must immediately terminate your membership with Freshphone. This agreement shall automatically renew on the stated periodic basis unless terminated by either party giving the other thirty days’ written notice.

6. REVISIONS TO THIS AUP. Freshphone reserves the right to revise, amend, or modify this AUP and our other policies and agreements at any time and in any manner.