Section 1. General
The rules and standards set forth in this ASTAC Wireless Data Acceptable Use Policy will apply to the use of ASTAC Wireless Data Services by both an individual and entity subscribing to an ASTAC Wireless Data account. By purchasing an ASTAC Wireless Data service you accept the agreement to comply with the requirements of the ASTAC Wireless Data Acceptable Use Policy, and acknowledge that you have read and understand them. This policy also applies to anyone using your member privileges who violates any provision of this Wireless Data Acceptable Use Policy. ASTAC Wireless will take appropriate action, including issuing a warning to you or termination of your account privileges, with or without notice to enforce this policy.
To provide a good experience for the majority of our customers and minimize capacity issues and degradation in network performance, ASTAC Wireless is required to manage its wireless network. ASTAC Wireless may manage its network by reducing data throughput for a subset of customers who use a disproportionately large amount of bandwidth. If your total usage exceeds 5GB (amount is subject to change; please periodically check www.astac.net for updates) during a billing cycle, ASTAC Wireless may reduce your data speed for the remainder of that billing cycle. ASTAC may also suspend, terminate, or restrict your data session, Plan, or service if you use your Data Plan in a manner that violates this policy, interferes with other customers’ service, our ability to allocate network capacity among customers or in ways that otherwise may degrade service quality for other customers.
ASTAC reserves the right to modify its Wireless Data Acceptable Use Policy at any time by notice posted on our web site. It is your obligation to periodically check our web sites for updates. Your continued use of an ASTAC Wireless Data account after we post our notice of changes constitutes acceptance of the then-current Wireless Data Acceptable Use Policy in place as posted on this website.
Section 2. Appropriate Use of Wireless Data Services.
Your Wireless Data plan is intended for Web browsing, messaging, and similar activities on your device and not on any other equipment. You may only use ASTAC’s Wireless Data services for lawful purposes. You are responsible for ensuring that your conduct when using ASTAC 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, standards, and policies issued by ASTAC Wireless, and the requirements of any applicable service provider or on-line service. The laws that apply in the offline world must be obeyed on-line as well.
Prohibited Uses of Wireless Data Services.
Wireless Data access is for individual use only and not for resale. For example, unless explicitly permitted by your Data Plan, the following uses are not permitted:
Tethering your device to a personal computer or other hardware;
Wireless Data access cannot be used as a substitute or backup for private lines or dedicated data connections;
Server devices or host computer applications, including continuous Web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections or peer-to-peer (P2P) file-sharing applications that are broadcast to multiple servers or recipients, “bots” or similar routines that could disrupt net user groups or email use by others;
Any activity that adversely affects the ability of other users or systems to use either ASTAC Wireless’s services or the network-based resources of others, including the generation or dissemination of viruses, malware or “denial of service” attacks;
Accessing, or attempting to access without authority, the information, accounts or devices of others, or to penetrate, or attempt to penetrate, ASTAC Wireless’s or another entity’s network or systems;
Running software or other devices that maintain continuously active Internet connections when a computer’s connection would otherwise be idle, or “keep alive” functions. For example, you cannot use a Data Plan for Web broadcasting, or for the operation of servers, telemetry devices and/or supervisory control and data acquisition devices.
Multiple, simultaneous connections from an ASTAC Wireless Data account. Any account found connected to two or more devices at the same time may be suspended immediately and an appropriate penalty imposed.
Any other application or use that denigrates network capacity or functionality.
Section 3. Objectionable Conduct and Content
You are solely responsible for your conduct while using ASTAC 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 ASTAC Wireless Data Services. ASTAC Wireless takes no responsibility for any such on-line distribution or publication by you. ASTAC Wireless cannot and will not review every message or other content you may generate, post or receive, and ASTAC Wireless is not responsible for the content of those messages.
Section 4. Network Security Violations
Violations of system and network security are prohibited and may result in criminal and civil liability. ASTAC Wireless will investigate incidents involving such violations and will report any suspected criminal activity to, and cooperate with, all appropriate law enforcement agencies.
Section 5. Network Monitoring
ASTAC Wireless may monitor services it provides from time to time and may disclose information regarding the account holder's use of ASTAC 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 ASTAC Wireless and its Customers.
Section 6. Service Interruptions
From time to time, the Services offered by ASTAC Wireless 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 ASTAC Wireless Data account constitutes the account holder’s acknowledgment that both planned and unforeseen interruptions to service will occur from time to time. You further acknowledge and agree that responsibility for avoiding harm or loss arising from an interruption or denial of service, regardless of the nature and extent of the harm or loss, is your responsibility and not the responsibility of ASTAC Wireless.
Section 7. Termination or Suspension of Service
In the event of any breach of this Policy, your infringement of ASTAC Wireless or others' Content, or any other circumstances that merit termination or suspension of your service, ASTAC Wireless reserves the right to terminate your account or suspend ASTAC Wireless Data Services at any time, with or without cause.
Section 8. Disclaimer of Warranties
ASTAC Wireless does not make and now disclaims any representation or warranty that access to the Services will be uninterrupted or error free, that security breaches will not occur or as to the nature of the results that may or may not be obtained in connection with the use of the Services.
Section 9. Disclaimer of Liability
Customer acknowledges that ASTAC Wireless shall not have any liability of any kind to any Customer for any claim or loss of any kind arising out of the use of the Services, regardless of the nature or the extent of the harm or loss.