Customer will not use (and will require that their end users do not use) CallTrackingMetrics Service for the following which are collectively “Excluded Service”:
- inbound calling made up of high-volume traffic with short call durations (greater than 8 calls per second per 500 channels) with short durations (less than 15 second average call duration) and
- inbound collect calls.
CallTrackingMetrics will have no liability to Customer or Users for any Excluded Service. Customer will be responsible for any fees or charges imposed by payphone operators arising from inbound calling.
If 20% or more of Customer’s completed calls are equal to or less than 6 seconds in length (each a “Short Duration Call”), or (ii) more than 25% of Customer’s total call attempts do not complete (the “Incomplete Call Threshold”), each measured by month, then CallTrackingMetrics may charge Customer a $0.015 surcharge for (i) for each Short Duration Call or (ii) each incomplete call. This surcharge will be in addition to Customer’s per minute usage rates described above. Additionally, CallTrackingMetrics may terminate Customer’s use of the Service with 30 days prior written notice in the event that Customer exceeds the percentage of Short Duration Calls or the Incomplete Call Threshold set forth in this Section in two (2) or more months in any six (6) month period.
CallTrackingMetrics may in its sole discretion temporarily block Prohibited Traffic (defined below), duplicate or repeated numbers dialed in succession, or Short Duration Calls, where CallTrackingMetrics, in its sole discretion, considers the calls or attempted calls to be potentially harmful to the network. CallTrackingMetrics shall have no liability for damages of any type to Customer for actions taken under this clause to protect the integrity of its network.
If CallTrackingMetrics determines to exercise this right, CallTrackingMetrics may, but will not be obligated to, attempt to inform Customer of its intention to apply such controls. CallTrackingMetrics reserves the right to apply such measures without advance notice should immediate action be required, in CallTrackingMetrics’ sole and absolute discretion, to protect the integrity of its network or the rights of other users.
Under no circumstances will Customer send any traffic using the Service that may be construed by the Federal Communications Commission (“FCC”), Federal Trade Commission (“FTC”), or any other regulatory authority to violate any law, rule or regulation (“Prohibited Traffic”). “Prohibited Traffic” includes, but is not limited to, “Robo generated calls,” “blaster” calls, calls initiated by automated dialing equipment designed to play a pre-recorded message not in compliance with FCC, FTC or any other regulatory authority, and sequential number dialing for purposes of obtaining certain information.