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This Agreement was last modified on March 15, 2019.
Native Network, Inc has prepared this Acceptable Phone Use 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.
Native Network, Inc’s mobile unlimited service plans and features are for normal personal, non-commercial use and are device specific. Native Network, Inc’s unlimited small and home business service plans and features are for normal small or home business use. Normal, reasonable use on Native Network, Inc’s unlimited mobile and 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 mobile or small or home business calling plan. Unauthorized or excessive use beyond that normally experienced by typical mobile, small or home business customers may create network congestion that will manifest itself in increased busy signals for themselves and others, and may result in service termination.
Native Network, Inc’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.
Native Network, Inc’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 Native Network, Inc service that is provided by a third party partner under that third party partner’s marketing brand, with or without reference to Native Network, Inc. This means that only the account holder, residential family members, registered with Native Network, Inc by the account holder may use Native Network, Inc’s residential unlimited service plans. Residential family members include your immediate family who reside in your personal residence – e.g., spouse, domestic partner, parents and/or children. If your residential service plan allows you to extend the service or feature(s) to another residential or mobile number, all use under that service plan is aggregated and must conform to single (and not extended or multi-) family residential (or personal, non-commercial) or co-branded use.
Native Network, Inc evaluates customer usage in comparison to typical levels of permissible usage engaged in by legitimate customers (residential use under residential service plans, small business use under small business service plans, or affiliate use under co-branded service offers or plans).
Each of the following is impermissible under Native Network, Inc’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:
Over 95% of Native Network, Inc’s residential unlimited calling plan customers use less than 2400 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 2400 minutes per month IN COMBINATION with one or more of the following, including, but not limited to, excessive:
Based on such a combination, Native Network, Inc 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 (“Native Network, Inc’s Rights”).
Native Network, Inc 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:
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 Native Network, Inc 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, 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.
Native Network, Inc reserves the right to change this Policy at any time. Changes shall become effective when a revised Policy is posted to Native Network, Inc’s website.