ACCEPTABLE USE POLICY
This policy is the SouthernLINC Wireless ("we," "us," or "our") policy outlining the acceptable use of phones, data equipment, or accessories (the "Equipment") and wireless telecommunications services, voice services, data services, and software (the "Services") on our telecommunications system (the "System"). For purposes of this policy, our System consists of our regional Motorola Integrated Digital Enhanced Network (iDEN) providing regional iDEN Services, as well as our high-speed data and nationwide services partner's non-iDEN network or system providing nationwide Services. In addition to Customer's other terms, conditions, or obligations contained in the applicable SouthernLINC Wireless customer agreement ("Customer Agreement"), Customer ("you" or "your") and your users will comply with the following Acceptable Use Policy (the "Policy"). By accessing or using the System, you agree to the terms of this Policy, as may be modified from time to time. We may, but are not required to, monitor your compliance, or the compliance of other subscribers or third party users, with the terms and conditions of this Policy. This Policy is in addition to and does not affect or modify any other rights we may have under law or contract. If you do not agree to accept and comply with this Policy, then do not access or use our System. If you have any questions regarding this Policy, you may contact us at email@example.com.
Capitalized terms not defined in this Policy may be found in your Customer Agreement.
I. SYSTEM COMPLIANCE
a. System Use. The System may be used only for lawful purposes. Using the System, Services, or Equipment to transmit, distribute, copy, display or store any material of any type or in any format in violation of any applicable law or regulation is prohibited. This prohibition includes, without limitation, material protected by any third party's copyright, patent, trademark, trade secret, or other intellectual property right used without proper authorization, and material that is obscene or defamatory, or any material that constitutes an illegal threat or violates export control laws. Under the Digital Millennium Copyright Act of 1998, copyright infringement(s) by a user can result in termination or denial of the user's access to the System or the Services. In addition, you shall comply with all applicable local, state, national and international laws and regulations, including those related to data privacy, international communications, and exportation of technical or personal data. We expressly reserve the right to deny, suspend, or terminate the Services if your use of the Services or your use of an alias or the aliases of additional users on your account, whether explicitly or implicitly, and in our sole discretion: (a) is obscene, indecent, pornographic, sadistic, cruel or racist in nature, or of a sexually explicit or graphic nature; (b) espouses, promotes or incites bigotry, hatred or racism; (c) might be legally actionable for any reason; (d) is objectionable for any reason; or (e) in any manner violates the terms of this Policy or any operating rule, policy, or guideline of any other online service provider or interactive service.
b. System Security Violations. Violations of system/network security or unauthorized use of the System are prohibited and may result in criminal and civil liability. INDIRECT OR ATTEMPTED VIOLATIONS OF THIS POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF YOU OR YOUR END USER, WILL BE CONSIDERED VIOLATIONS OF THIS POLICY BY YOU OR YOUR END USER. We reserve the right to investigate incidents involving such violations and/or to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrong. Such cooperation may include, but may not be limited to, provision of account or user information as well as monitoring of the System. Examples of System security violations include, without limitation, the following: (a) unauthorized access to or use of data, systems or networks, whether or not any intrusion results in corruption or loss of data; (b) unauthorized attempts to gain privileged access to any System element are not permitted; (c) unauthorized monitoring of data or traffic on any network/system without express authorization of the owner of the system/network; (d) interference with service to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks; or (e) forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting. You are responsible for the security of the Equipment or any device connected to the System. You will, at your expense, take all reasonable physical and information systems security measures necessary to protect the Equipment or any device used in connection with the Services or the System. Any Equipment or device suspected of attacking other systems, including, without limitation, having fallen victim to viruses or worms, will be taken off the System, without notice, until it has been made secure. You acknowledge and agree that we are not liable, either in contract or in tort, for any loss resulting from any unauthorized access to or alteration of, theft, destruction, corruption, or use of, the System or any device or Equipment used in connection with the Services.
c. Restrictions on Communications. Using the System or Equipment to send unsolicited email messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited. A user will not use another site's email server to relay email without the express permission of the site. Posting the same or similar message to one or more newsgroups (excessive cross-posting or multiple-posting, also known as "SPAM") is explicitly prohibited. We reserve the right to refuse any email and other connections from outside hosts that send unsolicited, mass or commercial messages, or messages that may be illegal or may contain interfering, disruptive, damaging or destructive software code, including, without limitation, any virus or worm, and to filter, refuse, or discard such messages.
d. Service and Equipment Use. You agree not to misuse the Services or any Equipment, including: (a) reselling or rebilling our Service or Equipment (except as expressly authorized a written agreement by us and our nationwide services partner); (b) using the Service or Equipment to engage in unlawful activity, or engaging in conduct that adversely affects our customers, employees, business, or any other person(s), or that interferes with our operations, network, reputation, or ability to provide quality service; (c) tampering with or modifying your Equipment; (d) "spamming" or engaging in other abusive or unsolicited communications; (e) tampering with, reprogramming or altering Equipment for the purpose of reselling the device; (f) misusing data services as provided below in paragraph II(c) entitled "Data Services;" or (g) assisting or facilitating anyone else in any of the above activities.
e. Radio Frequency Compliance. You agree that you will not install, deploy, or use any regeneration equipment or similar mechanism (for example, a repeater) to originate, amplify, enhance, retransmit or regenerate a transmitted Radio Frequency ("RF") signal, except as otherwise agreed by the parties and in accordance with regulations of the Federal Communications Commission ("FCC").
f. User Cooperation. You agree to cooperate with us and provide requested information in connection with all security and use matters. You agree to notify us promptly if you suspect unauthorized use of the System or the Services. You remain liable for unauthorized use until you notify us at firstname.lastname@example.org.
II. USAGE ALLOWANCE LIMITATIONS
a. Voice Services. All voice services (including unlimited plans and plans with a defined number of minutes each month) may be used only in accordance with this Policy. All voice services are provided solely for live dialog between two individuals and as otherwise described in this Policy. Voice services include both attempted use (i.e. incomplete calls) and actual use of voice services. Voice services also include the use of some user initiated Services, such as voice mail, call forwarding and GroupTALK (Group Push to Talk), that are specifically provided by us (or our nationwide services partner) as part of your service plan. Also, you may use voice services for 3-way calling only on the regional iDEN network (not on our nationwide services partner's network). Voice services may not be used for any other purpose, including, but not limited to, providing conference calling services, monitoring services, data transmissions, transmission of broadcasts, or transmission of recorded material. If we discover that you are using a voice service in violation of your Customer Agreement and/or this Policy or in any other manner that we deem to be unreasonable or excessive, then we may, at our sole option, terminate your Services or change your service plan to a service plan that more appropriately covers your usage, such as with no unlimited usage components. In the event that we intend to take any of the above actions, we will provide you with prior notice, and you may choose to terminate your Customer Agreement without incurring any additional fees for termination.
b. Data Services. Data services on the System are intended for individual use only and may be used to access the Internet, email, or corporate intranet servers, or to send or receive graphics, games, music, sound, and other materials. Examples of data services include picture messaging, app usage, browsing the Internet and using MOTOTALK™. In addition to the terms and conditions for using all of our other Services, data services may not be used: (a) with server devices or host computer applications, or other systems that drive continuous heavy traffic or data sessions, including, without limitation, running software or other devices that maintain continuously active Internet connections when a computer's connection would otherwise be idle, or "keep alive" functions; (b) as substitutes or backups for private lines, dedicated data connections, or frame relay connections; (c) for accessing, or attempting to access without authority, the information, accounts or devices of others, or to penetrate, or attempt to penetrate, the System ; (d) with "bots" or similar routines that could disrupt net user groups or email use by others or other applications that denigrate network capacity or functionality; or (e) with any other systems or applications that interfere with or disrupt the System or any other activity that adversely affects the ability of other individual users or systems to use either the System or third parties' Internet-based resources including, but not limited to, excessive consumption of System or network resources (whether intentional or unintentional) and "denial of service" (DoS) attacks against another network host or individual user. Except as otherwise agreed by the parties (for example, subscribing to regional iDEN tracking applications, etc.), data services on the System may not be used for: web camera posts or broadcasts, automatic data feeds, telemetry applications, peer-to-peer (P2P) file sharing, automated functions, any other machine-to-machine applications, WWAN or other applications or devices which aggregate usage from multiple sources prior to transmission. We also reserve the right with notice to you to restrict your usage of data services or terminate you data services or Services if such usage, in our sole discretion, (a) adversely affects the System, network performance, or our ability to allocate network capability among customers; (b) interferes with or degrades other customers' service; or (c) is otherwise not in compliance with this Policy.
c. Data Usage Allowances. To utilize data, you must subscribe to a data plan or a service plan that includes data services, and your data service usage allowance is governed by your rate plan. For all plans, regional iDEN data usage is available in the SouthernLINC Wireless Regional Service Area and should not exceed the amount included in your plan. Data Plus plan subscribers have access to both regional iDEN data and nationwide high-speed (2G/3G) data up to the amount included in your plan except as otherwise may be mutually agreed to by the parties. Please check your Data Plus plan or call the Customer Solution Center to determine your high-speed data limit. Once you reach your high-speed data limit during your billing cycle, you will still have access to regional iDEN data, subject to the limitation described above, but your high-speed data access will be discontinued until your next billing cycle begins, except as otherwise may be mutually agreed to by the parties. Unused monthly high-speed data does not carry forward to the next billing cycle. Regional iDEN data usage does not apply to the high-speed data allowance. Data usage is rounded up to the next megabyte.
III. CONTENT AND APPLICATIONS