Residential Fair Usage Policy

This Residential Fair Usage Policy ("Policy") is incorporated into and forms part of the Terms and Conditions of Service("Terms of Service") between ACVoIP, a division of Valstar Consulting ("ACVoIP", "we", "us", or "our"), and the Customer ("you" or "your") for Residential VoIP Services.

1. Policy Statement

ACVoIP reserves the right to immediately disconnect, modify, or suspend your Service and offer you an alternative calling plan if we determine, in our sole and absolute discretion, that your use of the Service is, or at any time was, inconsistent with normal residential usage patterns or you exceed the fair usage limits set out below.

In addition, you will be required to pay our higher rates for commercial service for all periods in which your use of the Service was inconsistent with normal residential use (as described more fully in our Terms of Service) or the fair usage limits set out below.

2. Definitions

Terms used in this Residential Fair Usage Policy have the same meanings ascribed to them in our Terms of Service – Residential, unless otherwise defined herein.

"Service" refers to ACVoIP Residential VoIP Services, including Home Unlimited, Home 450, and any other residential calling plans offered by ACVoIP.

"Monthly Billing Cycle" refers to the recurring thirty (30) day period for which Services are billed, commencing on the account activation date or the first day of each subsequent month.

"Outgoing Calls" refers to all calls originated from your ACVoIP Service to external telephone numbers, including local and long distance calls anywhere in Canada and the United States.

3. Fair Usage Limits

3.1 Maximum Call Duration

Calls included in unlimited calling plans have a maximum call duration of four (4) hours per call. Upon reaching the four-hour limit, the call will be automatically disconnected. This limit applies to all calls, whether incoming or outgoing, and is implemented to ensure network stability and equitable resource allocation.

3.2 Monthly Aggregate Usage Limit

ACVoIP unlimited calling plans are subject at all times to a limit of three thousand (3,000) minutes in aggregate during each monthly billing cycle for outgoing calls. This limit includes:

• Local calls within Canada
• Long distance calls within Canada
• Long distance calls to the United States
• All other outgoing calls to destinations within Canada and the US covered by the unlimited calling plan

The 3,000-minute limit is calculated on a per-line basis for residential accounts.

3.3 Exclusions

Calls between ACVoIP extensions (on-net calls) are excluded from this Fair Usage Policy. On-net calls do not count toward the 3,000-minute monthly aggregate limit and are not subject to the four-hour maximum call duration restriction.

4. Monitoring and Enforcement

ACVoIP monitors usage patterns to ensure compliance with this Policy. We reserve the right to review your usage at any time and take appropriate action if we determine that your usage is inconsistent with normal residential patterns or exceeds the fair usage limits.

Indicators of usage inconsistent with normal residential patterns may include, but are not limited to:

• Business or commercial use of a residential service
• Call center operations or high-volume outbound calling
• Automated dialing systems or predictive dialers
• Usage patterns that suggest the Service is being used for purposes other than personal, family, or household communications
• Consistent usage at or near the fair usage limits across multiple billing cycles
• Multiple residential lines at the same address exhibiting similar high-usage patterns

5. Consequences of Policy Violation

If ACVoIP determines that your usage violates this Policy, we may take one or more of the following actions:

• Notification: We may notify you of the violation and provide an opportunity to modify your usage patterns
• Service Modification: We may modify your Service to limit features or capacity
• Service Suspension: We may temporarily suspend your Service pending resolution of the violation
• Service Disconnection: We may immediately disconnect your Service without prior notice in cases of egregious violation
• Alternative Plan Offer: We may offer you an alternative calling plan more suitable for your usage patterns, including business service plans
• Retroactive Rate Adjustment: You will be required to pay our higher rates for commercial service for all periods in which your use was inconsistent with normal residential use or exceeded fair usage limits

6. Rate Adjustments for Non-Compliant Usage

If your usage is determined to be inconsistent with normal residential patterns or exceeds the fair usage limits, you will be charged at ACVoIP's published commercial service rates for all usage during the non-compliant period(s). These rates are higher than standard residential service rates and reflect the commercial nature of the usage.

Rate adjustments will be applied retroactively to the beginning of the billing cycle in which the non-compliant usage occurred and will continue until your usage returns to compliance with this Policy or your Service is terminated.

7. Dispute Resolution

If you believe that a determination of Policy violation has been made in error, you may dispute the determination by contacting ACVoIP Customer Support within fifteen (15) days of receiving notice of the violation. ACVoIP will review your dispute and provide a written response within thirty (30) days.

During the dispute resolution process, ACVoIP may, at its sole discretion, temporarily restore Service or modify the enforcement action pending final resolution.

8. Policy Modifications

ACVoIP reserves the right to modify this Residential Fair Usage Policy at any time by posting the revised Policy on our website and providing written notice to Customers at least thirty (30) days prior to the effective date. Your continued use of Services following the effective date constitutes acceptance of the modified Policy.

9. Relationship to Terms of Service

This Residential Fair Usage Policy supplements and is incorporated into the ACVoIP Terms and Conditions of Service. In the event of any conflict between this Policy and the Terms of Service, the Terms of Service shall prevail.

10. Contact Information

For questions regarding this Residential Fair Usage Policy or to discuss alternative calling plans suitable for high-volume usage, please contact: