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Canquest has prepared this Fair Use Policy (“Policy”) as a guide for its customers to understand the intended and permissible uses of our service, and to prevent exploitation, fraud, and abuse of its unlimited calling plans and features. This Policy is based upon the relevant provisions in our Terms of Service and is applicable to all our services. Our Terms of Service are located at Terms of service for our residential and business services.

Normal, Reasonable Residential Use

Canquest’s service is a single (and not extended or multi-) family residential voice service. It is engineered to process and deliver traffic profiles and utilization levels of our typical residential customers’ calling patterns (hereafter also referred to as “normal” residential use). “Unlimited” refers to that type and level of usage. “Typical” refers to the calling patterns of the majority of our customers on a particular calling plan. Normal residential traffic profiles and utilization do not include business line or trunk class of service levels that may arise from business, multiple or extended family, community or fraudulent use. “Unlimited” does not refer to those types and levels of usage. Telephone utilization that is indicative of, or arising from, impermissible business, multiple family, community or fraudulent use, as outlined herein, on a residential class of service line may create network congestion that will manifest itself in increased busy signals for themselves and others.

Canquest’s residential unlimited service plans and features are only for single (and not extended or multi-) family residential (or personal, non-commercial) or co-branded use only. Co-branded use is defined as Canquest service that is provided by a third party partner under that third party partner’s marketing brand, with or without reference to Canquest. This means that only the account holder, residential family members, and those line(s) registered with Canquest by the account holder may use Canquest’s residential unlimited service plans. Residential family members include your immediate family who reside in your personal residence – e.g., spouse, domestic partner, parents and/or children. If your residential service plan allows you to extend the service or feature(s) to another residential or mobile number, all use under that service plan is aggregated and must conform to single (and not extended or multi-) family residential (or personal, non-commercial) or co-branded use.

Normal, Reasonable Business Use

Canquest’s unlimited service plans and features are for normal commercial use. Canquest’s unlimited business service plans and features are for normal business use. Normal, reasonable use on Canquest’s unlimited business plans must be in accordance with this Fair Use Policy, our Terms of Service and consistent with the types and levels of usage by typical customers on the same business calling plan. Unauthorized or excessive use beyond that normally experienced by typical business customers may create network congestion that will manifest itself in increased busy signals for themselves and others, and may result in service termination.

Impermissible Use(s)

Canquest evaluates customer usage in comparison to typical levels of permissible usage engaged in by legitimate customers (residential use under residential service plans, business use under business service plans, or affiliate use under co-branded service offers or plans).

Each of the following is impermissible under Canquest’s unlimited plans and considered outside of normal use:

Typically, residential unlimited calling plan customers use less than 2500 minutes per month and do not have any unusual usage patterns in terms of unique numbers called, high call forwarding/transferring usage and so on. A customer’s aggregate usage may be considered outside of normal use if it exceeds 2500 minutes per month IN COMBINATION with one or more of the following, including, but not limited to, excessive:

Based on such a combination, Canquest may determine that abnormal, unreasonable or impermissible usage is occurring when compared to typical customers on the same calling plan, and may take appropriate steps described below to enforce this Policy and the Terms of Service (“Canquest’s Rights”).

Canquest may also determine that abnormal, unreasonable or impermissible usage is occurring, and may take appropriate steps described below even if the number of minutes used is not excessive, when a customer’s calling patterns during more than one month reflect excessive:

For Lawful and Appropriate Purposes Only; Canquest’s Rights

You may not use our service or devices in any way that is illegal, fraudulent, improper or inappropriate. You may not use any automated means to manipulate our service or use our service to violate any law, rule, regulation or any third party’s intellectual property or personal rights.

We reserve the right to review your account and take further action, including, but not limited to, immediate suspension of your Canquest service if account usage is beyond normal standards for typical customers on the same calling plan, impermissible or detrimental to other customers’ ability to use the service or adversely affects our operations. We may assess abnormal usage based on comparisons to the usage patterns and levels of our other customers on the same plan(s). If we determine that you are engaging in abnormal or impermissible usage, we will use commercially reasonable efforts to inform you and may provide you with the opportunity to correct the improper usage. If we afford 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 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.

Changes

Canquest reserves the right to change this Policy at any time. Changes shall become effective when a revised Policy is posted to Canquest’s websites.