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Acceptable Use Policy ("AUP")

Policy Introduction

Flash Wireless, LLC ("Flash Wireless") offers all of its services, including without limitation any website and wireless voice and data (collectively referred to herein as "Services") conditioned upon your agreement that you will not use the Services or conduct activities using the Services in a manner that may expose Flash Wireless and other persons or entities to claims of civil or criminal liability or other legal sanctions or may disrupt, degrade or otherwise impair the Services.

Flash Wireless has adopted this "Acceptable Use Policy" ("AUP") in an attempt to balance interference or risk of harm arising from the use of the Services with the interests of those who may be affected by such use.

For purposes of this AUP, "you", "your", "customer", "user" and similar terms mean any Flash Wireless account holder and/or user of the Services. "Flash Wireless", "we", "us", "our" and similar terms mean Flash Wireless, LLC and its affiliates doing business as Flash Wireless.

AUP Coverage

This AUP applies to any use of the Services. If you or anyone using the Services that are on your account violates the AUP, ,depending on the nature and severity of the violation, Flash Wireless may suspend, terminate or take other action regarding the Services, as provided herein and/or as provided in the Flash Wireless Terms & Conditions.  You agree that a violation of this Acceptable Use Policy harms Flash Wireless, which cannot be fully redressed by money damages, and that Flash Wireless shall be entitled to immediate injunctive relief in addition to all other remedies available.

Prohibited Actions Generally

Flash Wireless is committed to remaining in compliance with laws and regulations governing use of the Services and to preserving for all of its customers the ability to use the Services without interference or harassment from other users. To ensure the activities of some users do not impair the ability of our customers to have access to the Services, you may not use the Services in a manner that is in connection with any criminal or civil violation of any applicable local, state, provincial, federal, national or international law, treaty, court order, ordinance, regulation or administrative rule, or is otherwise unlawful. You may not use the Services in any manner that is fraudulent. You may not use the Services in a manner that infringes on intellectual property rights, or harms or unduly interferes with the use of Flash Wireless's or any other network or system or conduct activities that adversely affect the operations or reputation of Flash Wireless, our affiliates, employees, customers, carriers, and other business partners. Flash Wireless reserves the right, without notice or limitation, to limit data throughput speeds or quantities or to deny, terminate, end, modify, disconnect, or suspend Service (i) if a user engages in any of the prohibited voice or data uses detailed below, (ii) if a user engages in any use of the service that it inconsistent with ordinary use of the service (including without limitation use of the Service in excess of normal/typical customer use or patterns) as determined by Flash Wireless in its sole discretion; or (iii) if Flash Wireless, in its sole discretion, determines action is necessary to protect its or any other wireless network from harm or degradation. Flash Wireless may also, when it deems it appropriate, refer any inappropriate, fraudulent or unlawful use of the Services to law enforcement authorities for prosecution.

Examples of prohibited voice uses:

Flash Wireless voice Services are provided solely for live dialogue between, and initiated by, individuals for personal or business use and as otherwise described in this policy, the Flash Wireless Terms & Conditions and other applicable terms and conditions to the Services. Services may not be used for any other purposes, including, but not limited to: monitoring services, transmission of broadcasts, transmission of recorded material, telemarketing, autodialed calls, other commercial uses, or other connections that do not consist of live dialogue between individuals.

Examples of prohibited data uses:

Flash Wireless data Services are provided solely for purposes of web surfing, sending and receiving email, photographs and other similar messaging activities, and the non-continuous streaming of videos, downloading of files or on line gaming. Our data Services may not be used: (i) to generate excessive amounts of Internet traffic through the continuous, unattended streaming, downloading or uploading of videos or other files or to operate hosting services including, but not limited to, web or gaming hosting; (ii) to maintain continuous active network connections to the Internet such as through a web camera or machine-to-machine connections that do not involve active participation by a person; (iii) to disrupt email use by others using automated or manual routines, including, but not limited to "auto-responders" or cancel bots or other similar routines; (iv) to transmit or facilitate any unsolicited or unauthorized advertising, telemarketing, promotional materials, "junk mail", unsolicited commercial or bulk email, or fax; (v) for activities adversely affecting the ability of other people or systems to use either the Services or other parties' Internet-based resources, including, but not limited to, the generation or dissemination of viruses, malware, or "denial of service" attacks against another network host or individual user; (vi) for an activity that connects any device to personal computers (including without limitation, laptops), or other equipment for the purpose of transmitting wireless data over the network (unless customer is using a plan designated for such usage); or (vi) for any other reason that, in our sole discretion violates this AUP or any other policy regarding the Services or interferes with or disrupts the Services.

Unlimited Use Plans.

If you subscribe to rate plans, services or features that are described as unlimited, you should be aware that such "unlimited" plans are subject to these prohibited network uses and the other prohibited uses and limitations in this AUP. The remainder of this paragraph is an explanation of Flash Wireless's existing policy concerning unlimited data and is not in limitation of any other prohibited use or other restriction in this AUP or the Flash Wireless Terms and Conditions. Plans featuring unlimited data will allow high speed data access (up to 4G LTE speeds with compatible network and device) only up to 3 gigabytes of high speed data per monthly billing cycle ("High Speed Limit"). After the High Speed Limit, Flash Wireless will slow data to speeds as low as 128 kbps. This data speed reduction may severely impair your ability to use services or programs requiring data access, including everyday applications. Flash Wireless will also slow cellular data usage under unlimited plans when Flash Wireless determines that data use is severely inconsistent with ordinary use of the service, or otherwise violates Flash Wireless's Acceptable Use Policy. Any reduced data speed will continue for the remainder of your monthly billing cycle. Flash Wireless reserves the right to modify data use thresholds (including the High Speed Limit) and speed level reductions in its sole discretion from time to time without notice based on its determination of changes in what constitutes ordinary use, customer patterns, or other relevant factors. Flash Wireless may determine, in its sole discretion, what is inappropriate usage of Services provided pursuant to this AUP. Should this occur, you may be informed in writing, via email or otherwise, but Flash Wireless reserves the right to make this determination without notice to you. If Flash determines, in its sole discretion, that you are using an unlimited service repeatedly or consistently in violation of this AUP or the Flash Terms and Conditions, or in any other manner that is inconsistent with ordinary use of the service, Flash will notify you of your violations and Flash may, in addition to the options listed above, terminate your Service, decline to renew your Service, or offer you a different service plan with no unlimited usage component.

Intellectual Property

Service shall not be used to transmit, re-transmit, or store any content or to engage in any activity that infringes the intellectual property rights or privacy rights of Flash Wireless or any individual, group or entity, including but not limited to any rights protected by any copyright, patent, trademark, trade secret, trade dress, right of privacy, right of publicity, moral rights or other intellectual property right now known or later recognized by statute, judicial decision, government agency order or regulation. Flash Wireless reserves the right to restrict any actions alleged to violate the intellectual property rights of another party.

Offensive or Threatening Material or Content

Services shall not be used to host, post, transmit, or re-transmit any content or material that is threatening, harassing, obscene, indecent, pornographic, hateful, malicious, racist, defamatory, libelous, treasonous, excessively violent or promotes the use of violence, or provides instruction, information or assistance in causing or carrying out violence against any government, organization, group or individual, or provides guidance, information or assistance with respect to causing damage or security breaches to any network.

Other Prohibited Uses

The following are also prohibited uses of the Services:

  • Excessive Utilization of Resources: Consuming a disproportionate amount of available resources resulting in the potential to disrupt or degrade usage of the Services by others. The determination of what constitutes excessive use depends on the specific state of any network relating to the Services at any given time. Excessive use is determined by resource consumption relative to that of a typical individual user of any network relating to the Services and not by the use of any particular application.
  • Falsification/Impersonation: Using the Services to impersonate any person or entity; falsely state or otherwise misrepresent your affiliation with any person or entity; or create a false identity for the purpose of misleading others. Without limiting the foregoing, you may not use invalid or forged headers, invalid or non-existent domain names, or other means of deceptive addressing.
  • Failure to Abide by Third-Party Network or Website Policies: Violating the rules, regulations, or policies that apply to any third-party network, server, computer database, or website that you access.
  • Harmful Content: Disseminating or posting content that is harmful to any network or the Services or other users of the Services including, without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancelbots, or any other computer programming routines that may damage, interfere with, secretly intercept or seize any system, program, data, or personal information.
  • SPAM and Other Messages: You may not distribute, publish, or send through any network relating to the Services: (1) any spam, including any unsolicited advertisements, solicitations, commercial e-mail messages, informational announcements, or promotional messages of any kind; (2) chain mail; (3) numerous copies of the same or substantially similar messages; (4) empty messages; (5) messages that contain no substantive content; (6) very large messages or files that disrupt a server, account, newsgroup, or chat service; or (7) any message that is categorized as phishing. Likewise, you may not: (1) participate in spidering, harvesting, or any other unauthorized collection of e-mail addresses, screen names, or other identifiers of others or participate in using software (including "spyware") designed to facilitate such activity; (2) collect responses from unsolicited messages; or (3) use any of our mail servers or another site's mail server to relay mail without the express permission of the account holder or the site.
  • Resale of Services: You may not resell, or offer to resell, any Service or distribute or provide any Service to others on a service-bureau, time-sharing, or other commercial basis.

Additional Use Policies Regarding Mobile Hot Spot

Hot Spot is a feature that you must pay Flash Wireless to enable on your Device. Hot Spot allows you to tether certain other devices ("Other Devices") to your Hot Spot enabled Device so that the Other Devices can achieve Internet access. Disclaimers of warranties in the Flash Wireless Terms and Conditions apply to Hot Spot. In addition, Flash Wireless makes no representations or warranties as to any Other Device you attempt to tether using mobile Hot Spot, including without limitation as to functionality of the Other Device or its ability to connect to the Internet through Hot Spot. Hot Spot does not increase data availability or usage expectations under your Service. Hot Spot is not intended as nor should it be used as a replacement or substitution for any home Internet connection. Limitations on data use as specified under the Flash Wireless Terms & Conditions and this AUP will continue to apply.

Network Security and Integrity

You may not violate the security of any network relating to the Services in any way. Such violations may result in criminal or civil liability. Flash Wireless may, but is not obligated to, investigate any violation of any such network. Flash Wireless may cooperate with law enforcement where criminal or unauthorized activity is suspected. By using Flash Wireless products and services or sending, receiving, posting, accessing, or storing any electronic transmission via any network relating to the Services, you agree to cooperate in any such investigation. Examples of network security violations include, without limitation:

  • Hacking: 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 prior authorization of the owner of the system or network.
  • Interception: Unauthorized monitoring of data or traffic on any network or system without the express prior authorization of the owner of the system or network.
  • Intentional Interference: Interference with service to any user, host, or network including, without limitation, denial-of-service attacks, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, and broadcast attacks.
  • Falsification of Origin or Routing Information: Using, selling, or distributing in conjunction with the network, any computer program designed to conceal the source or routing information of electronic mail messages in a manner that falsifies an Internet domain, header information, date or time stamp, originating e-mail address, or other identifier.
  • Avoiding System Restrictions: Using manual or electronic means to avoid any limitations established by Flash Wireless or owner of any network or system related to the Services or attempting to gain unauthorized access to, alter, or destroy any information that relates to any Flash Wireless customer or other end-user of the Services or other network or system related to the Services. Flash Wireless may, but is not obligated to, take any action it deems necessary to (1) protect any network or system relating to the Services, its rights, or the rights of its customers or third parties, or (2) optimize or improve any network or system relating to the Services, other services, systems, and equipment. You acknowledge that such action may include, without limitation, employing methods, technologies, or procedures to filter or block messages sent through any network or system relating to the Services. Flash Wireless may, in its sole discretion and at any time, filter "spam" or prevent "hacking," "viruses," or other potential harms without regard to any preference you may have communicated to us.

Investigation and Enforcement of the Policy

We have the right, but are not obligated, to strictly enforce this AUP through self-help, active investigation, litigation, and prosecution.

In addition to Flash Wireless's rights under the Flash Wireless Terms and Conditions, Flash Wireless reserves the right to act immediately and without notice to restrict, suspend, or terminate your use of the Services if it determines in its sole discretion that your conduct may: (1) expose Flash Wireless or the owners of related networks or systems to sanctions, prosecution, civil action, or other liability; (2) cause harm to or interfere with the integrity or normal operations of any network or systems relating to the Services or otherwise; (3) interfere with another Flash Wireless customer's use of the Services; (4) violate any applicable law, rule, or regulation; or (5) otherwise present an imminent risk of harm or damage to any person, entity or property.

Flash Wireless has the right, but not the obligation, to monitor or restrict any uses of the Services that Flash Wireless believes in its sole discretion violate this AUP. We may also access and disclose any information (including transactional information) related to your access and use of the Services and any network or system relating to the Services for any lawful reason, including but not limited to: (1) responding to emergencies; (2) complying with the law (e.g., a lawful subpoena); (3) protecting our rights or property and those of our customers and end-users; or (4) protecting users, carriers, and providers of other services, networks, and systems from fraudulent, abusive, or unlawful use of or subscription to such services, networks, and systems. INDIRECT OR ATTEMPTED BREACHES OF THIS POLICY AND ACTUAL OR ATTEMPTED BREACHES BY A THIRD PARTY ON BEHALF OF OR THROUGH A COMPANY, CUSTOMER, OR USER MAY BE CONSIDERED BREACHES OF THIS POLICY BY SUCH COMPANY, CUSTOMER, OR USER.

Miscellaneous

Any failure to insist upon or enforce performance of any provision in this AUP will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any provision in this AUP. Flash Wireless may assign its rights and duties under these terms to any party at any time without notice to you. If any provision of this AUP is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and conditions so that it does not affect the validity and enforceability of any remaining provisions.

The terms and conditions of this AUP apply while you are accessing or using the Services and remain in effect thereafter, subject to amendments by us from time to time. In the event that you terminate or are no longer entitled to use the Services, provisions relating to intellectual property, accuracy of information and appropriate use will survive thereafter.

Customer Responsibilities

You remain solely and fully responsible for your use of the Services and for any transmission you send, receive, post, access or store via the Services, including the content of any communication, and you are responsible for any use and abuse of Services under your account by others. You are responsible for maintaining the basic security of your systems and devices, including implementation of necessary patches and operating systems updates and to prevent use by others in a manner that violates this AUP. You are responsible for taking corrective actions on vulnerable or exploited systems or devices to prevent abuse.

Incident Reporting

Any complaints regarding the violation of this AUP by a Flash Wireless customer or user should be directed to the legal notice address listed below. Where possible, include details that would assist Flash Wireless in investigating and resolving the complaint (i.e. expanded headers and a copy of the offending transmission).

Designated Agent:
Office of the General Counsel
legalnotices@acninc.com
1000 Progress Place, Concord, NC 28025-2449
704-260-3000 (phone) | 704-260-3439 (fax)

Revisions to this AUP

Flash Wireless may modify this AUP at any time, effective when posted to Flash Wireless's website. (http://www.myflashwireless.com).

WEBSITE TERMS OF USE

Welcome to Flash Wireless, LLC's website, a service of Flash Wireless, LLC, together with its subsidiaries, affiliates, agents, and licensors (collectively "Flash Wireless"). The following terms apply to your use of and access to any Flash Wireless owned or operated website ("Website"). Certain products or services offered through our Website may have additional terms and conditions, which govern in the event of any inconsistency with the terms below.

For purposes of this Visitors Agreement, "you", "your", "customer", "user" and similar terms mean any visitor, user, or individual accessing the Website. "Flash Wireless", "we", "us", "our" and similar terms mean Flash Wireless, LLC and its affiliates doing business as Flash Wireless.

COVERAGE OF THIS AGREEMENT

In addition to other agreements between you and Flash Wireless, these terms explain the policies that govern your access to and use of our Website. By accessing or using our Website, you agree to these terms (collectively the " Website Terms of Use"), as Flash Wireless may modify it from time to time, and you agree to comply with our Acceptable Use Policy ("AUP"), which can be found on our Website. If you do not agree to accept and comply with the Website Terms of Use and AUP, then do not access or use our Website.

LINKS TO THIRD-PARTY SITES

The Website may contain links to other websites that are maintained by third parties over which Flash Wireless has no control. These links are provided for convenience only. Use of these links will cause you to leave this Website and use of third-party websites is entirely at your own risk. Flash Wireless makes no representation or warranty concerning any other site or the information, products or services offered or appearing on or through these sites. Flash Wireless does not sponsor or endorse the operators of the sites or the content, products, or services they provide. Flash Wireless is not responsible or liable for the conduct of the sites' operators, the content, the availability, the accuracy, the quality, the advertising, the products, the services, or other materials offered at the sites. You are responsible for complying with the rules, regulations, or policies that apply to any third-party network, server, computer database, or website that you access.

ILLEGAL OR HARMFUL USE

You may access and use our Website only for lawful purposes and purposes that are not intended to cause harm. You are responsible for any transmission you send, receive, post, access, or store via our Website, including the content of any communication, as further provided in our AUP.

WEBSITE SECURITY AND INTEGRITY

You may not violate the security of our Website in any way. Such violations may result in criminal or civil liability. Flash Wireless may, but is not obligated to, investigate any violation of our Website. Flash Wireless may cooperate with law enforcement where criminal or unauthorized activity is suspected. By using Flash Wireless Website, you agree to cooperate in any such investigation. Flash Wireless may, but is not obligated to, take any action it deems necessary to (1) protect its Website, its rights, or the rights of its customers or third parties; or (2) optimize or improve its Website. You acknowledge that such action may include, without limitation, employing methods, technologies, or procedures to filter or block messages sent through the Website.

INVESTIGATION AND ENFORCEMENT OF THE VISITORS AGREEMENT

We have the right, but are not obligated, to strictly enforce the Website Terms of Use through self-help, active investigation, litigation, and prosecution.

Flash Wireless reserves the right to act immediately and without notice to restrict, suspend, or terminate your use of the Website, if it reasonably determines that your conduct may: (1) expose Flash Wireless to sanctions, prosecution, civil action or other liability; (2) cause harm to or interfere with the integrity or normal operations of Flash Wireless's Website; (3) interfere with another Flash Wireless customer's use of the Website; (4) violate any applicable law, rule, or regulation; or (5) otherwise present an imminent risk of harm to Flash Wireless or its customers.

Flash Wireless has the right, but not the obligation, to monitor or restrict any uses of the Website that Flash Wireless reasonably believes in its sole discretion violate this Visitors Agreement or applicable law. You are solely responsible for all content that you transmit or receive utilizing the Website, and you are responsible for abuse of your account by others.

We may also access and disclose any information (including transactional information) related to your access and use of our Website for any lawful reason, including but not limited to: (1) responding to emergencies; (2) complying with the law (e.g., a lawful subpoena); (3) protecting our rights or property and those of our customers; or (4) protecting users of those services and other carriers from fraudulent, abusive, or unlawful use of or subscription to such services. INDIRECT OR ATTEMPTED BREACHES OF THE WEBSITE TERMS OF USE AND ACTUAL OR ATTEMPTED BREACHES BY A THIRD PARTY ON BEHALF OF OR THROUGH A COMPANY, CUSTOMER, OR USER MAY BE CONSIDERED BREACHES OF THE WEBSITE TERMS OF USE BY SUCH COMPANY, CUSTOMER, OR USER.

DISCLAIMER OF WARRANTIES AND LIABILITY

YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH A FLASH WIRELESS WEBSITE. ANY CONTENT OR INFORMATION ACCESSED BY OR PROVIDED TO YOU THROUGH A FLASH WIRELESS WEBSITE IS PROVIDED "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." FLASH WIRELESS, ITS AGENTS, AND ITS LICENSORS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF ANY CONTENT OR INFORMATION AVAILABLE THROUGH ITS WEBSITE. YOU ACCESS SUCH CONTENT OR INFORMATION AT YOUR OWN RISK. FLASH WIRELESS DOES NOT GUARANTEE THAT ITS WEBSITES WILL BE ERROR-FREE, CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES WILL FLASH WIRELESS, ITS AFFILIATES, ITS AGENTS OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES THAT ARISE FROM THE USE OF ITS WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND - FOR EXAMPLE, COMPENSATORY, SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; AND CLAIMS OF THIRD PARTIES - EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE AGGREGATE LIABILITY OF FLASH WIRELESS, ITS AGENTS, AND ITS LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO ANY FLASH WIRELESS WEBSITE WILL NOT EXCEED $10.00. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF FLASH WIRELESS AND ITS AFFILIATES, AGENTS, AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.

GOVERNING LAW

The Website Terms of Use are governed by and must be construed under the laws of the State of North Carolina. The federal and state courts of Charlotte, North Carolina, have exclusive jurisdiction over and venue of any suit that relates to these Website Terms of Use.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Flash Wireless from and against all claims, liabilities, losses, expenses, damages, and costs (including reasonable attorneys' fees) that arise from: (1) any violation of the Website Terms of Use by or through you; (2) any violation of any rights of a third party by you; (3) any violation of applicable law; (4) information or content that you submit, post, transmit, or make available through our Website; or (5) your use of our Website.

MODIFICATION OF THE WEBSITE TERMS OF USE

We reserve the right to modify the Website Terms of Use at any time, effective upon its posting, as modified, on www.myflashwireless.com.

PRIVACY POLICY

Flash Wireless respects the privacy of visitors to our site. Please take a few minutes to review our Privacy Policy.

MISCELLANEOUS

Any failure to insist upon or enforce performance of any provision in the Website Terms of Use will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any provision in the Website Terms of Use. Flash Wireless may assign its rights and duties under these terms to any party at any time without notice to you. If any provision of the Website Terms of Use is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and conditions so that it does not affect the validity and enforceability of any remaining provisions.

QUESTIONS, COMMENTS & ABUSE

We invite you to send in your questions or comments about our site or to bring to our attention any material you believe to be inaccurate. Please send such comments, including a copy of any material you wish to discuss, to Customer Service (see contact information on www.myflashwireless.com). If you want to report any violations of the Website Terms of Use, please email us at the address found in the AUP.