|
|
ACS Wireless Data The rules and standards set forth in this Appropriate Use Policy (the "Policy") will apply to the use of ACS Wireless Data Services by persons subscribing to an ACS Wireless Data account (hereinafter referred to as "you" or "Customer"). Capitalized terms not otherwise defined in this Policy will have the meaning given to them in the ACS WIRELESS, INC. WIRELESS VOICE, DATA & PAGING SERVICE SUBSCRIPTION AGREEMENT Standard Terms and Conditions, to which this Policy is made part. ACS Wireless Inc. encourages its Customers to participate in the
on-line world to express their views and benefit from the
interactive experience. However, it is important to remember that
there are rules and standards that you must abide by as an ACS
Wireless Data Customer. These rules and standards are described in
this Policy. As an ACS Wireless Data Customer, you agree to comply
with this Policy, and you acknowledge that ACS Wireless Inc. has the
right to enforce this Policy, in its sole discretion. This means
that if you or anyone using your ACS Wireless Data account
privileges violates the terms of this Policy, ACS Wireless Inc. may
take all appropriate action. Such action may range from issuing a
warning about a violation to the suspension or termination of your
account privileges with ACS Wireless Inc. ACS Wireless Inc. may, but
is not required to, provide notice prior to terminating your ACS
Wireless Data Service for violating the rules and standards set
forth in this Policy. 1. Wireless Data sessions may be used with wireless devices for the following purposes: A. Internet browsing B. e-mail C. Intranet access (including access to Corporate intranets, e-mail and individual productivity applications such as customer relationship management, sales force and field service automation) 2. Wireless Data access is for individual use only and not for resale 3. Wireless Data access cannot be used; A. As a substitute or backup for private lines or dedicated data connections B. With server devices or with host computer applications, including, without limitation, web camera posts or broadcasts, automatic data feeds, telemetry applications, automated functions or any other machine-to-machine application Section 2. Use for Lawful Purposes You are responsible for ensuring that your conduct when using ACS Wireless Data Services conforms to the requirements of all applicable federal, state and local laws and regulations (including foreign or international law where appropriate), and all rules issued by ACS Wireless Inc, or any applicable service provider or on-line service. By your use of ACS Wireless Data Services, you agree to use appropriate conduct and language when you are on-line and demonstrate respect for the rights of other users of ACS Wireless Data Services. Posting, transmitting, promoting, distributing or storing Content in violation of any applicable law or regulation is prohibited. The prohibition against the use of an ACS Wireless Data account or ACS Wireless Data Service to engage in unlawful activity is not limited to those activities described below, but applies to any and all unlawful activity. Any ACS Wireless Data account found to be engaged in any unlawful activity will be immediately terminated. Examples of prohibited illegal conduct include:
In connection with the investigation of possible misuse or unlawful use of Wireless Data Services, whether initiated by ACS Wireless Inc. or any law enforcement or governmental agency, ACS Wireless Inc. is authorized to disclose any information about you and your use of ACS Wireless Data Services to law enforcement or other government officials, as ACS Wireless Inc., in its sole discretion, believes to be necessary or appropriate. ACS Wireless Inc reserves the right to cooperate with law enforcement authorities, including complying with warrants, court orders and subpoenas, in connection with the investigation of misuse or unlawful use of the services. By your use of ACS Wireless Data Services, you authorize ACS Wireless Inc. to take any such actions as ACS Wireless Inc. deems necessary or appropriate in its sole discretion. Section 3. Objectionable Conduct and Content You are solely responsible for your conduct while using ACS Wireless Data Service, including the content of all email messages you generate or forward, and all content in any folders, home pages or other transmissions, information, images or other interactions you generate, transmit or maintain on or through ACS Wireless Data Services. ACS Wireless Inc takes no responsibility for any such on-line distribution or publication by you. ACS Wireless Inc. cannot and will not review every message or other Content you may generate or post, and ACS Wireless Inc. is not responsible for the content of those messages. Examples of objectionable conduct and content that violate this Policy include:
Please remember that these are only guidelines; there are always "gray areas". Ask yourself if your communication is something that you would say in a room full of people you never met, or in the workplace. ACS Wireless Inc. reserves the right to make the final determination about whether content is objectionable or not. Section 4. Information, Files and Programs - Limitation of Liability When accessing information, files and programs and other resources available on the Internet, ACS Wireless Inc. strongly recommends the use of common sense, and the use of an up-to-date, quality anti-virus program. While the risk of harm may be small, risk does exist. ACS Wireless Inc. cannot, and does not attempt to guard Customers from any risk of harm associated with the use of information, files and/or programs retrieved. ACS Wireless Inc. explicitly disclaims any responsibility for the accuracy or quality of information retrieved from the Internet, and further disclaims liability for any and all harm that might result from the use of any information, file or program retrieved from the Internet. Retrieval and/or use of any information, file or program from the Internet through the use of an ACS Wireless Data account is at your sole risk. Section 5. Privacy; Monitoring the Services ACS Wireless Inc. is under no obligation to monitor the services it provides. However, in the event that ACS Wireless Inc. elects to do so from time to time, ACS Wireless Inc. may disclose information regarding Customer's use of ACS Wireless Data Services for any reason as determined in its sole discretion in order to satisfy applicable laws, regulations, governmental requests, or in order to operate and deliver services in an effective manner, or to otherwise protect ACS Wireless Inc. and its Customers. Section 6. Personal Information - Limitation of Liability When using any on-line resource, including email, newsgroups, web page postings, chat groups, on-line shopping, or other resources available on the Internet, Customers should use caution in divulging personal information of any kind. Such information might include credit card information, telephone and/or address information, or account names and passwords (in general, Customers should never give out account name and password information). ACS Wireless Inc. explicitly disclaims any and all liability for loss or other damage of any kind that is or might be incurred by you as a result of divulging personal information. All such information is divulged, if at all, at your sole discretion and risk. Section 7. One Account, One Connection You may use your ACS Wireless Data account to make only one connection at any given time, unless you have specifically purchased an account that is, in ACS Wireless Inc. sole opinion, suitable for multiple user applications. Multiple, simultaneous connections from an ACS Wireless Data account, except as noted, are prohibited. Any account found connected to two or more devices at the same time may be suspended immediately and an appropriate penalty imposed. Any data usage attributable to a party, other than the original subscriber, will be billed back to the original subscriber at $3 per MB on a retroactive basis. Section 8. Violations of System and Network Security Violations of system and network security are prohibited, and may result in criminal and civil liability. ACS Wireless Inc. will investigate all incidents involving such violations and will report any suspected criminal activity to, and cooperate with, all appropriate law enforcement agencies. Examples of system and network security violations include the following: Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without the express authorization of the owner of the system or network. Unauthorized monitoring of data or traffic on any network or system without the express authorization of the owner of the system or network. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Falsifying your user identity or providing other false information to ACS Wireless Inc. or to other users in connection with your use of your ACS Wireless Data account or any feature of that account. Posting viruses or software designed to create a virus or to do harm to ACS Wireless Data Services, any ACS Customers or users of ACS Services, or any network components. Taking any other action to disrupt the normal use of ACS Wireless Data Services or the Internet by other users. Use of software that allows your account to stay logged on while you are not actively using the account. Section 9. Remedies Available to ACS Internet ACS Wireless Inc. reserves the right to terminate your account or suspend ACS Wireless Data Services to you at any time, with or without cause, including in the event of any breach of this Policy, your infringement of ACS Wireless Inc. or others' Content, or any other circumstances that merits termination or suspension, in ACS Wireless Inc. sole discretion. Section 10. Your Account, Your Responsibility You are responsible for any and all use made of your ACS Wireless Data account. Violations of this Policy by a particular account will be the responsibility of the Customer assigned to such account, regardless of whether the Customer was personally responsible for the violation. Section 11. Interruption of Service From time to time, the Services offered by ACS Wireless Inc. may be interrupted. Interruptions of service may occur for any number of reasons. Interruptions to service due to planned maintenance will generally be announced in advance of the interruption. Use of an ACS Wireless Data account constitutes Customer's acknowledgment that both planned and unforeseen interruptions to service will occur from time to time. Customer acknowledges and agrees that ACS Wireless Inc. shall not be liable for any harm or loss arising from an interruption of service, regardless of the nature and extent of the harm or loss. You further acknowledge and agree that responsibility for avoiding harm or loss arising from an interruption of service, regardless of the nature and extent of the harm or loss, is your responsibility and not the responsibility of ACS Wireless Inc. |
 |