Fair Use Policy

LinkBermuda Ltd. and its affiliates (collectively, “Link”, “Our”, “Us” and “We”) wants all of our customers (collectively, “Customer”, “You” and “Your”) to get the best value and quality from Link’s unlimited calling plans. This Fair Usage Policy (“FUP”) forms part of Your Link Long Distance and local voice services agreement with us and is designed to prevent fraud and abuse of our Services by a small number of users.

Subject to this FUP, Link reserves the right in our sole discretion to limit the number of minutes if excessive use by customer occurs under any Link unlimited Long Distance and local voice service plan (“Unlimited Voice Plan”) that allows unlimited calling to designated countries.The following number of minutes shall be deemed “excessive use” by Customer: 3,000 minutes per month for long distance calling and 5,000 minutes per month local calling.

Link’s Unlimited Voice Plans are for individual use only (whether for personal or business communications) in accordance with Your service agreement and this FUP. Examples of the type of activities that are prohibited in connection with Your use of any Link Service under an Unlimited Voice Plan include the following:

• telemarketing or call centre operations;
• re-selling minutes to others;
• sharing between users whether via a PBX, call centre, computer or any other means;
• auto-dialing or fax/voice blasts;
• calling without live dialogue, including as a monitor, intercom or for transcription (e.g., alarm system, medical alerts);
• calling numbers automatically to generate income for Yourself or others as a result of placing the call;
• unusual calling patterns inconsistent with normal, individual subscription use, for example, regular calls of short duration or calls to multiple numbers in a short period of time;
• any similar practices We deem impermissible in Our sole discretion.

We may determine in Our sole discretion that Your aggregate usage is abnormal if there are excessive:

• number of minutes of usage;
• number of unique numbers called;
• call lengths;
• frequency of call forwarding/transferring;
• conference calling;
• calls to conference bridges;
• short duration calls or chats; or
• number of calls terminated and re-initiated consecutively, which, in the aggregate, result in excessive call lengths during a specific time frame.

You shall not use Our Service under an Unlimited Voice Plan in any way that is improper or inappropriate, including in a manner that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, or any similar behaviour. In addition, You shall not use Our Service under an Unlimited Voice Plan to impersonate another person; send bulk unsolicited messages; use robots, data mining techniques or other automated devices or programs to catalogue, download, store or otherwise reproduce or distribute information from the Service or use any such automated means to manipulate the Service; use the Service to violate any law, rule or regulation; violate any third party’s intellectual property or personal rights; or exceed Your permitted access to the Service.

We reserve the right to review Your account and take necessary action, including, but not limited to, immediate suspension of Your Service if Your account usage is beyond normal standards, impermissible or detrimental to other Customers’ ability to use Our Services or adversely affects Our operations. We may assess abnormal usage based on comparisons to the usage patterns and levels of Our other customers. If We determine that You are engaging in abnormal or impermissible usage, We will use commercially reasonable efforts to inform You and provide You with the opportunity to correct Your improper usage. If We give 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 or suspend or terminate Your Service. You acknowledge that if Your Service is terminated pursuant to this FUP, You are subject to all applicable fees and taxes at the time Your Service is terminated.

Some Link Unlimited Voice Plans allow for the use of additional devices (such as personal computers, mobile phones, Soft-Phones registered with Link or other Link equipment) outside the primary service location as part of the applicable Service plan. If You subscribe to any of Our Unlimited Voice Plans, all usage and charges, including call minutes placed from any device including Your fixed line and registered Link phone(s), will count toward Your total usage.

This FUP applies to all users of any Link Unlimited Voice Plan service, irrespective of whether You are the account holder or a third party. You agree to take all reasonable steps to ensure that only those authorized parties approved by You have access to the Link Service through Your account. This includes ensuring the privacy and security of Your account details. Please let Link know as soon as possible if You know or suspect that Your account is being used without Your permission. You are solely responsible for all use of any Link Unlimited Voice Plan service.