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Acceptable Use Policy

magicJack Wireless acceptable use policy

1. magicJack Wireless reserves the right to periodically review usage levels of its Service and Service plans (“Plans”) to ensure that customers are not using a Service or a Plan in violation of this Acceptable Use Policy (“AUP”) and, if such an abuse or violation is discovered, to terminate or adjust the Service or Plan as appropriate. In an effort to ensure the best possible experience for all our customers, data speeds may be slowed during times of congestion or heavy network usage for the remainder of the applicable 30-day pre-paid cycle for users that have exceeded their stated plan amounts; or subscribers who we determine (in our sole discretion) have violated Sections 2 or 3 of this AUP.

2. magicJack Wireless considers your use of a Service or Plan to be “unreasonable” or “abusive” and therefore subject to immediate termination or adjustment if, among other things, you:

a. re-sell, re-brand, re-supply, re-market or commercially exploit a Service or Plan;

b. set up routing functionality to send only outbound traffic;

c. engage in any other conduct which is fraudulent or results in significant network congestion or degradation, or interferes with our operations, reputation or ability to provide quality service to our customers;

d. engage in autodialing;

e. engage in continuous, repetitive or extensive call forwarding;

f. engage in continuous call session connectivity, including the use of an Plan for continuous mobile to mobile or mobile to landline voice calls;

g. engage in telemarketing;

h. serve as a substitute or backup for private lines or dedicated data connections;

i. send automated text or picture messaging to another mobile device or email address;

j. upload, download or stream continuous video or audio;

k. “spam” or engage in other abusive or unsolicited communications, or any other mass, automated voice or data communications for commercial or marketing purposes;

l. access server devices or host computer applications, including continuous Web camera posts or broadcasts, automatic data feeds, automated machine to machine connections, voice or SMS relay, or peer to peer (P2P) file sharing;

m. access software or other devices that maintain continuously active Internet connections when a computer’s connection would otherwise be idle, or “keep alive functions (e.g., using an Plan for Web broadcasting, operating servers, telemetry devices and/or supervisory control and data acquisition devices);

n. relay voice calls and text or picture messages not originated from your magicJack Wireless device; or

o. engage in any other activity that would be inconsistent with reasonable personal use patterns, causes network congestion or jeopardizes the integrity of magicJack Wireless’s supplier’s network.

3. Lawful purposes only. You may use our Service for lawful, proper and appropriate purposes. You may not use our Service or your Device in any way that is illegal, improper or inappropriate. A non-exhaustive list of examples of illegal, improper or inappropriate uses of our Service includes:

a. Interfering with our ability to provide Service to you or other customers or avoiding your obligation to pay for the Service within the time frame designated for payment.

b. Use of the Service to threaten, abuse, harass, defame, deceive, defraud, interfere or invade another’s privacy or engage in any similar behavior.

c. Use of the Service for: auto-dialing; continuous, repetitive or extensive call forwarding, telemarketing (including charitable or political solicitation or polling), fax or voicemail broadcasting or blasting.

d. Use of the Service to: impersonate another person; send bulk unsolicited messages; use robots, data mining techniques, or other automated devices or programs to catalog, download, store, or otherwise reproduce or distribute information from our Service or use any automated means to manipulate our Service.

e. Violate any law, rule, or regulation; violate any third party’s intellectual property or personal rights; or exceed your permitted access to our Service.

f. Use of the Service for transmitting or receiving any communication or material of any kind which would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law or encourage conduct that would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law.

g. Use of the Service to access, or attempt to access without authority, the information, accounts or devices of others, or to penetrate, or attempt to penetrate, magicJack Wireless’s or its network supplier’s network or systems.

h. Use of the Service to generate or disseminate viruses, malware or “denial of service” attacks.

4. Right of Termination. In addition to magicJack Wireless’ right to terminate Service for non-payment, magicJack Wireless reserves the right to terminate the Service immediately and without advance notice if magicJack Wireless, in its sole discretion, believes that you have violated any of the above restrictions, leaving you responsible for the full month’s charges to the end of the then-current 30-day Service term, including without limitation unbilled charges, all of which immediately become immediately due and payable.

5. Monitoring. We may monitor the use of our Service to ensure compliance with this AUP and the other materials that make up your Agreement with us. We may, without liability, remove or block all communications if we suspect a violation of this AUP or any other materials that make up your Agreement with us, or if we think it necessary in order to protect our Service, magicJack Wireless or its network supplier, and/or their respective parents, affiliates, directors, officers, agents, and employees from harm.

6. Providing information to authorities and third parties. If we believe that you have used our Service for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You consent to our forwarding of any such communications and information to these authorities. In addition, we may disclose your name, telephone number, credit card information, and other personal information, any communications sent or received by you, and any other information that we may have about your account, including but not limited to, types of service, length of service, MAC address(es), IP address(es), email address(es), registered 911 address, and all other account information, as follows: in response to law enforcement or other governmental agency requests; as required by law, regulation, rule, subpoena, search warrant, or court order; as necessary to identify, contact, or bring legal action against someone who may be misusing the Service; to protect magicJack Wireless’s rights and property; or in emergency situations where disclosure of such information is necessary to protect magicJack Wireless customers or third parties from imminent harm.

7. No Transfer of Service. You may not resell or transfer your Service or provide a telephone service to anyone else by using your magicJack Wireless Service or features of your magicJack Wireless Service.

8. No Alterations or Tampering. If you copy or alter or have someone else copy or alter the firmware or software in any way that facilitates a compromise of your Service, you are responsible for any charges that result. You may not attempt to hack or otherwise disrupt our Service or make any use of our Service that is inconsistent with its intended purpose.

9. Theft of Service. You may not use or obtain our Service in any manner that avoids magicJack Wireless policies and procedures. You will notify us immediately in writing if you believe that your Service is being stolen, fraudulently used, or otherwise being used in an unauthorized manner. When you notify us of one of these events, you must provide your account number and a detailed description of the circumstances of the theft, fraudulent use, or unauthorized use of Service. If you fail to notify us in writing in a timely manner, we may disconnect your Service and levy additional charges on you. Until you notify us in writing, you will remain liable for all use of our Service stolen from you and any and all stolen, fraudulent or unauthorized use of the Service up through the date notice is received by magicJack Wireless.

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