Fair usage policy.

Last updated 7 October 2026. Empire Telecom, 1255 Route 70, Suite 25S, Lakewood, NJ 08701.

1. What this covers

This Fair Usage Policy forms part of your service agreement with Empire Telecom and applies only to services we market or sell as unlimited — unlimited calling, unlimited faxing, unlimited messaging — whether sold on their own or inside a flat-rate or bundled plan. Where this policy and your service agreement disagree, the service agreement controls. This policy sits alongside our other terms. It does not reduce your obligation to comply with the law, or with any policy that applies to a particular service, such as our messaging and 10DLC requirements.

2. Normal and intended use

Unlimited services are meant for ordinary, reasonable business use of the plan you bought: a typical business seat, a typical SIP channel, a typical fax endpoint, a typical resident line. They are not a wholesale trunk, an aggregation service for unaffiliated businesses, or a general transit service between other networks.

Where a seat, line or channel is sold as unlimited, it is unlimited for that seat, line or channel and the work it exists to carry. It is not a way to pool traffic from several unrelated organizations onto one plan.

3. What we treat as excessive or abusive

We may treat usage on an unlimited service as excessive where it is materially inconsistent with normal use of that plan. These examples are illustrative, not a complete list:

• Autodialing or predictive dialing of any kind.
• Continuous call forwarding, constant connectivity, constant dialing, or repeated iterative dialing patterns.
• A high proportion of very short or unanswered calls, suggesting automated rather than business behavior.
• Fax broadcasting or fax blasting from a single unlimited fax service.
• Call, fax or message volumes well outside what comparable customers generate on the same plan.
• Using one unlimited seat, line or trunk to serve several separate businesses or facilities, rather than putting each on its own plan or channel.

We look at the whole picture, including how the usage compares with similar customers on similar plans.

4. How we review usage

We may review usage of unlimited services at any time to check that it is consistent with this policy. A review may consider total minutes, calls, faxes or messages per service; the ratio of answered calls to short or unanswered ones; traffic patterns by destination, including premium-rate and high-risk destinations; and comparisons with typical usage for similar customers on similar plans. The question we are answering is whether the service is being used the way that plan is meant to be used.

5. What we may do about it

If we determine that usage of an unlimited service is excessive, abusive or inconsistent with this policy, we may do one or more of the following, without limiting any other right we have under your agreement.

• Talk to you first. We will normally contact you, describe what we are seeing, and work out the use case with you.
• Move the service to a plan that fits. We may move the affected services to a measured or capacity-based plan, such as per-minute or per-channel pricing, from a future billing period, at the rates in effect at the time of the change.
• Apply reasonable technical limits. We may apply caps, rate limits or similar controls where that is necessary to protect the platform and other customers while a longer-term change is arranged.
• Suspend or terminate, for serious abuse. In cases of serious or repeated abuse we may suspend or terminate the affected services in line with your agreement. Where usage is fraudulent or deliberately abusive, we may also seek to recover the carrier and vendor charges it caused us.

Except where immediate action is needed to protect the network or other customers, we will give reasonable notice before changing your plan or service under this policy.

6. Nothing here limits our other rights

This policy covers usage of services sold as unlimited. It does not limit our ability to deal with illegal, fraudulent or otherwise prohibited behavior under your agreement or our acceptable use and compliance policies, and it does not limit any other right or remedy available to us under those agreements or at law.

7. Questions, and changes to this policy

If you are not sure whether something you are planning fits this policy, ask us before you build around it. We would rather put you on the right plan at the start than move you later. We may update this policy from time to time, and the version on this page is always the current one.

Questions: sales@empiretelecomnj.com or (732) 363-9898.