Legal Node

This Reasonable Use Policy (“Policy”) is intended to inform customers as to the customary and reasonable use of Hughesnet Voice Service (“Service”), specifically with regard to unlimited calling plans, and identify ways that such Policy will be enforced. The Services offered are intended for normal and customary residential usage. This policy will be enforced to prevent abuse by any party that uses the Service in a way that is beyond reasonable use, as determined by Hughes, and amounts to an abuse of the unlimited calling plans covered by this Policy. Abuse of the Service by a party can lead to degraded service levels to other subscribers of Hughesnet Voice Unlimited service plans as a result of extraordinary and excessive usage. The following plans are covered by this Policy: 

Unlimited Domestic US Long-Distance Service 
Unlimited International Long-Distance Service 

The Service may not be used in any way that is illegal, fraudulent, improper, or inappropriate. The Service may not be used with any automated means to manipulate the Service or use the Service to violate any law, rule, regulation, or the intellectual property or personal rights of any third party. 

Hughes reserves the right to review your account and take further action, including, but not limited to, immediate suspension of your unlimited service plan if account usage is: 
 
– beyond normal standards for typical customers on the same calling plan, 
– illegal or in violation of rules or regulations imposed by state or federal regulatory bodies, 
– impermissible or detrimental to other customers' ability to use the service, or 
– adversely affects our operations. 
  

Hughes may assess abnormal usage based on comparisons to the usage patterns and levels of our other customers on the same plan(s). If Hughes determines that the Service is being used in ways that are abnormal or impermissible, we will use commercially reasonable efforts to inform you and may provide you with the opportunity to alter usage of the Service. If, after notification, abnormal usage patterns continue, 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. 

Ordinary, Reasonable Residential Use 
Hughesnet Voice Unlimited Service plans are intended for single-family residential voice telephone calls. Ordinary and reasonable use of this Service leads to calling patterns that are fairly predictable in a range of the number of calls, the duration of calls, and the scope of called parties. The ordinary and reasonable use of the Service as measured by Hughes is generally set by the observed usage patterns of 95% of subscribers to the applicable calling plan. Usage patterns include reasonable conformance with 95% of Plan subscribers as measured by: i) total accumulated monthly usage, ii) total accumulated monthly call volumes, iii) normal distribution of call activity, and iv) normal distribution of dialed parties. Thus, the term “Unlimited” refers to the type of usage as observed in the 95% of subscribers to an unlimited plan. 

Hughesnet Voice residential unlimited usage plans are only for single-family, residential usage. Only the account holder and residential family members may use residential unlimited service plans. Residential family members include immediate family who reside in the personal residence – e.g., spouse, domestic partner, parents and/or children. 

Impermissible Uses of Service 
Each of the following is impermissible under this Policy and is considered outside of normal single-family residential (or personal) use: 

– by or for others who do not live with you, 
– for commercial or business purposes, 
– as part of an enterprise, including non-profit or governmental activities, 
– operated as a call center, 
– resale to others, 
– used with auto-dialing capability or used to transmit fax and/or voice messages en masse, 
– telemarketing, 
– call forwarding to a long-distance telephone number, 
– without live dialog, including use as a monitor, intercom, or for transcription purposes. 
  

A vast majority of Hughesnet Voice residential unlimited calling plan subscribers use less than 2,800 minutes per month and do not have any unusual usage patterns in terms of unique numbers called, high call forwarding/transferring usage and other observed calling patterns. A customer's aggregate usage may be considered outside of normal use if it exceeds 2,800 minutes per month in combination with other factors including the following: 

– excessive number of unique numbers called, 
– preponderance of calls with excessive call lengths, 
– excessive use of call forwarding and transferring, 
– excessive use of conference calling, 
– excessive number of short-duration calls, 
– excessive number of failed call attempts, 
– excessive number of calls made during a month, 
– excessive number of calls made to a conference calling service during a month, 
– excessive number of calls made during business hours, 
– excessive number of calls terminated and re-initiated consecutively, or 
– other abnormal calling patterns indicative of an attempt to evade enforcement of this Reasonable Use Policy. 
  

Changes 
Hughes reserves the right to change this Policy at any time.