ACCEPTABLE USE POLICY
The Acceptable Use Policy (“Acceptable Use Policy”) is incorporated by reference into the Home Internet Services Agreement (“Agreement”), as well as the corresponding Terms & Conditions (“T&Cs”), and is binding on its Customers. Customers will enter into terms of service which are at least as restrictive as this Acceptable Use Policy. The Agreement, including this Acceptable Use Policy and the T&Cs, relate to a fixed wireless internet service we are providing to you under certain terms and conditions, which service is referred to herein as the “Service.” Fixed wireless internet service refers generally to a wireless high-speed broadband internet access service that offers you a capability for acquiring or retrieving information from; generating, storing, transforming, processing, or utilizing information on; or making available information to other Internet end points connected directly or indirectly via a fixed wireless connection to the Ultra Mobile network (the “Network”). As described herein and in the T&Cs, the Service may only be used with an approved modem or wireless router, SIM card, and other approved equipment or approved third party device, which device(s) are referred to herein, collectively, as your “Device(s).”
Acceptable use of the Service, in conjunction with your Device(s), is limited to the following generally permissible activities, subject to further limitations (including limitations that affect these generally permissible activities) as described throughout this Acceptable Use Policy. UVNV reserves the right, in its sole discretion, to terminate Service immediately if you use the Service and/or Device(s) for any other purpose. Each of the below-listed, generally permissible activities, is subject to, among other things, (a) the terms and conditions of the Agreement, including the T&Cs; (b) the data allotments of your Service Plan; and (c) a moderated use that does not excessively contribute to network congestion. Failure to use the Service or your Device(s) in accordance with these limitations, as determined by UVNV in its sole discretion and without advance notice to you, shall immediately convert such otherwise generally permissible activity into an “Impermissible Use,” described below.
Acceptable use of the Service, in conjunction with your Device(s), is limited to the following generally permissible activities, subject to further limitations (including limitations that affect these generally permissible activities) as described throughout this Acceptable Use Policy. UVNV reserves the right, in its sole discretion, to terminate Service immediately if you use the Service and/or Device(s) for any other purpose. Each of the below-listed, generally permissible activities, is subject to, among other things, (a) the terms and conditions of the Agreement, including the T&Cs; (b) the data allotments of your Service Plan; and (c) a moderated use that does not excessively contribute to network congestion. Failure to use the Service or your Device(s) in accordance with these limitations, as determined by UVNV in its sole discretion and without advance notice to you, shall immediately convert such otherwise generally permissible activity into an “Impermissible Use,” described below.
- IP-based messaging;
- IP-based calling applications;
- Web browsing;
- Email;
- Streaming music;
- Streaming video;
- Uploading and downloading applications and content to and from the Internet or third-party stores;
- Using applications and related content ; and
- Tethering your Device to other non-harmful devices pursuant to the terms and conditions and allotments of your Service Plan.
Except as may be specifically authorized by UVNV in the Agreement or unless explicitly permitted by your Service Plan, you are not permitted to use your Device or the Service (including with respect to otherwise permissible activities) in a way that we determine, in our sole discretion:
- Uses a repeater or signal booster other than one we provide to you;
- Uses the device at any other location other than the primary use address we have on record
- Moves the device to another location
- Uses the Service for Machine to Machine based remote monitoring to provide life-sustaining medical care for any individual, including without limitation, in health care and assisted living environments;
- Uses, or attempts to use, the Service for voice communications other than VoIP ;
- Uses the Service for monitoring third parties without their permission ;
- Compromises Network security or capacity, degrades Network performance, uses malicious software or “malware”, hinders other customers’ access to the Network, or otherwise adversely impacts Network service levels or legitimate data flows;
- Uses applications which automatically consume unreasonable amounts of available Network capacity;
- Uses applications which are designed for unattended use, automatic data feeds, automated machine-to-machine connections, or applications that are used in a way that degrades Network capacity or functionality;
- Misuses the Service, including “spamming” or sending abusive, unsolicited, or other mass automated communications;
- Results in any of your data usage being Off-Net (i.e., connected to another provider’s Network) for any period of time;
- Tampers with, reprograms, alters, or otherwise modifies your Device to circumvent any of our policies or violate anyone’s intellectual property rights;
- Causes harm or adversely affects us, the Network, our customers, employees, business, or any other person;
- Conflicts with applicable law;
- Is not in accordance with the UVNV T&Cs;
- Attempts or assists or facilitates anyone else in any of the above activities; or
- In other ways as we may describe from time to time, in our sole discretion, and without providing advance notice thereof.
Collectively, the above-described list of uses, activities, and purposes, together with any use of the above-listed generally permissible activities without conforming to the above-listed limitations, including all terms and conditions, are referred to herein as “Impermissible Use(s).”
UVNV reserves the right, in its sole discretion, to terminate the Service immediately, and without advance notice to you, based upon UVNV’s sole determination that a Customer has engaged in, or may engage in, an Impermissible Use of the Service and/or your Device(s). For the avoidance of all doubt, this right to termination of Service, which may be exercised solely by UVNV in its sole discretion and without advance notice to you, does not in any way limit any rights and/or remedies available to UVNV under the Agreement, all of which you expressly agree to.
UVNV reserves the right, in its sole discretion, to terminate the Service immediately, and without advance notice to you, based upon UVNV’s sole determination that a Customer has engaged in, or may engage in, an Impermissible Use of the Service and/or your Device(s). For the avoidance of all doubt, this right to termination of Service, which may be exercised solely by UVNV in its sole discretion and without advance notice to you, does not in any way limit any rights and/or remedies available to UVNV under the Agreement, all of which you expressly agree to.