Membership Connectivity Acceptable Use Agreement / Policy
THIS ACCEPTABLE USE POLICY IS A MATERIAL PART OF ANY AGREEMENT WITH 4GCOMMUNITY.ORG, (OR THEIR AFFILIATES, PROVIDERS, VENDORS, SUPPLIERS, PARTNERS, AND THE LIKE) FOR THE PROVISION OF CONNECTIVITY SERVICES, DIRECT OR RESALE, TO CONSUMER OR BUSINESS MEMBERS. PLEASE READ AND FOLLOW THIS ACCEPTABLE USE POLICY CAREFULLY. THIS ACCEPTABLE USE POLICY MAY BE REVISED FROM TIME TO TIME BY 4GCOMMUNITY.ORG AS SET FORTH BELOW.
4GCOMMUNITY.ORG (OR THEIR AFFILIATES, PROVIDERS, VENDORS, SUPPLIERS, PARTNERS, AND THE LIKE) (collectively “4GCOMMUNITY.ORG”) have created this Acceptable Use Policy (”AUP”) governing 4GCommunity.org’s service (the “Service”) to ensure the integrity of its wireless network, or provider networks, and enhance the use of the Services for all of 4GCOMMUNITY.ORG’s members by designating standards for acceptable and unacceptable use. This AUP forms part of the agreement between 4GCOMMUNITY.ORG and you and is incorporated by reference into 4GCOMMUNITY.ORG’s Terms of Service, and/or General Service Agreement (the “Service Agreement”) found at www.4GCommunity.org. BY USING THE SERVICE, OR ANY EQUIPMENT PURCHASED OR LEASED BY YOU FROM 4GCOMMUNITY.ORG (the “EQUIPMENT”), YOU AGREE TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS OF THIS AUP. YOU ALSO AGREE TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS OF ANY THIRD-PARTY PROVIDER AUPs, WHICH WOULD BE REFERENCED IN THE TERMS OF SERVICE AND/OR GENERAL SERVICE AGREEMENT, AND ARE SIMILAR IN NATURE.
Nature of the Service. The Service provided to you is intended for reasonable, periodic, non-continuous use by a person using a smartphone, laptop, tablet PC or similar computing device, consistent with the type of use made by a typical individual consumer. Examples of allowed uses of our Service include basic voice conversations, texting, chatting, web surfing, sending and receiving email, sending and receiving photographs, occasional on-line gaming, occasional video conferencing, and the occasional non-continuous streaming of videos and downloading of files. Examples of uses of our Service that are not permitted include: the continuous unattended streaming, downloading or uploading of videos or other files; maintaining an unattended or continuous uninterrupted connection to the Internet, such as through a web camera or machine to machine connection that do not involve active participation by a person; or operating an Internet hosting service, such as web hosting or game hosting. You may not use the Service in a manner that impairs the user experience of other users, or that otherwise impairs network performance. These usage restrictions shall apply even if you subscribe to a service plan which does not impose limits on the amount of data you may download or upload during an applicable service period, and even if you subscribe to a service plan under which you owe 4GCOMMUNITY.ORG overage amounts for exceeding a certain prescribed data usage level during a particular service period. Both fixed wire-line Internet service and wireless Internet service have limited bandwidth capacity. Like fixed wire-line service, 4GCOMMUNITY.ORG’s Service can suffer from congestion and reduced performance when usage by some individuals exceeds the usage of typical individual consumers, thereby having a negative impact on the entire network. This AUP is intended to ensure that the activities of a few users do not unfairly impair the activities of all users of the Service.
Prohibited or Actionable Activities. To preserve the ability of all of its members to use 4GCOMMUNITY.ORG’s network, any provider networks, and the Internet without interference or harassment from other users, and as a condition of using the Service, 4GCOMMUNITY.ORG prohibits you from engaging in the following activities:
Unlawful or Improper Use of the Service. You may not use the Service in a manner that is unlawful; is harmful to or interferes with the operation of 4GCOMMUNITY.ORG’s network or systems, or the network of any other provider; damages, disables or impairs any 4GCOMMUNITY.ORG property; interferes with the use or enjoyment of services received by others; infringes, violates or misappropriates intellectual property rights; results in the publication of threatening or offensive material; or constitutes spam or e-mail abuse, a security risk, or a violation of privacy.
Objectionable Material. You may not use the Service to store, post, transmit, or disseminate material or information that is unlawful, harmful, threatening, abusive, harassing, libelous or defamatory, hateful, obscene, indecent, or otherwise objectionable or which encourages or participates in conduct that would constitute a criminal offense, gives rise to a civil liability, or otherwise violates any local, state, federal, or international law, order, rule, or regulation.
Junk E-mail. You may not use the Service to transmit or facilitate any unsolicited or unauthorized advertising, telemarketing, promotional materials, “junk mail”, unsolicited bulk e-mail, unsolicited duplicative e-mail, unsolicited commercial e-mail, fax broadcasting, or fax blasting (collectively, “Spam”). Violation of the CAN-SPAM Act of 2003, or any other applicable laws regulating e-mail services, constitutes a violation of this AUP. 4GCOMMUNITY.ORG considers any unsolicited commercial mail to be Spam, regardless of the amount of mail sent, unless the recipient has specifically requested the information. An e-mail may be “unsolicited” for purposes of this AUP if: (1) the recipients’ e-mail addresses were not obtained through a personal or customer relationship between recipient and sender; (2) recipients did not affirmatively consent to receive communications from the sender; or (3) recipients have opted out of receiving communications from the sender when given the opportunity to do so.
Fraudulent Activity. You may not use the Service to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam, such as “pyramid schemes”, “Ponzi schemes” or “chain letters.” You may not use techniques to hide or obscure the source of any e-mail or other communication.
Impersonation. You may not use the Service to impersonate any person or entity, or to falsely state or otherwise misrepresent your affiliation with any person or entity, or to 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.
Software Viruses. You may not use the Service to upload files or transmit any material that contains viruses, worms, Trojan Horses, time bombs, cancelbots, corrupted files, or other code that manifests contaminating or destructive properties.
Collecting Information. You may not use the Service to store or collect, or attempt to store or collect, non-public personal information about third parties without their prior knowledge and consent.
Storage or Hosting. You may not use the Service to store or host any material or information. The Service is provided merely as a conduit to allow you to access the Internet, to send and receive messages and files using third party email service providers, and to upload and download files on and from third party websites or servers at your sole discretion and control.
Excessive Utilization of Network Resources. Wireless networks have capacity limits, and all users can suffer from degraded or denied service when one user (or a small group of users) consumes a disproportionate amount of a wireless network’s resources. 4GCOMMUNITY.ORG, and its providers, therefore, will monitor both overall network performance and individual resource consumption to determine if any user is consuming a disproportionate amount of available resources and creating the potential to disrupt or degrade the 4GCOMMUNITY.ORG network, provider networks, or network usage by others. This process of monitoring both overall network performance and individual resource consumption is consistent with the description of the nature of the Service previously described in this AUP. 4GCOMMUNITY.ORG and its partners, suppliers, etc. reserve the right to engage in reasonable network management to protect the overall network, including analyzing traffic patterns and preventing the distribution of viruses or other malicious code. During periods of congestion, 4GCOMMUNITY.ORG, and its providers, use various network management techniques, such as reducing the data rate of individual bandwidth intensive users whose use is negatively impacting other users. This temporarily limits the amount of bandwidth available to the bandwidth intensive users until the congestion has diminished, at which point 4GCOMMUNITY.ORG or its providers will endeavor to lift any limits it may have imposed on bandwidth intensive users during the period of congestion. 4GCOMMUNITY.ORG and its providers may also consider historical usage patterns when temporarily reducing the data rate of bandwidth intensive users during periods of congestion. 4GCOMMUNITY.ORG representatives are available to explain this AUP and to help you avoid excessive use incidents. If you are unavailable or do not respond to 4GCOMMUNITY.ORG’s attempt to contact you regarding excessive use, or if excessive use is ongoing or recurring and repeatedly having negative effects on other subscribers of the Service, then 4GCOMMUNITY.ORG or its providers reserve the right to immediately restrict, suspend or terminate your Service without further notice in order to protect the network(s) and minimize congestion caused by the excessive use. While the determination of what constitutes excessive use depends on the specific state of the network at any given time, excessive use is determined by resource consumption relative to that of a typical individual user of the Service and not by the use of any particular application.
Plans Without Set Data Limits. If you benefit from a service plan that does not impose limits on the amount of data you may download or upload during a month (or other applicable service period), you should be aware that such plans are nevertheless subject to the provisions of this AUP. What this means is that all of the provisions described in this AUP, including those that describe how 4GCOMMUNITY.ORG or its providers may perform reasonable network management, such as reducing the data rate of bandwidth intensive users during periods of congestion, will apply to your use of the Service.
Use of Your Account by Others. You may not, through action or inaction, allow others to use the Service for illegal or improper activities or for any purpose or in any manner prohibited by this AUP; nor may you reproduce, duplicate, copy, sell, provision, resell, rent, lend, pledge, transfer, distribute or exploit any portion of the Service or hardware without 4GCOMMUNITY.ORG’s prior written consent in each instance. You may not permit your device or network, through action or inaction, to be configured in such a way that gives a third party the capability to use the Service in an illegal or improper manner or for any purpose or in any manner prohibited by this AUP.
Security Precautions. You are solely responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Service for the reconstruction of any lost data.
AUP Enforcement and Notice. Your failure to observe the guidelines associated with this AUP may result in 4GCOMMUNITY.ORG or its providers taking actions that may range from a warning to a suspension or termination of Service. When feasible, upon observation of a violation of this AUP, 4GCOMMUNITY.ORG may attempt to contact you by e-mail at the e-mail address on file or otherwise to notify you of the violation. 4GCOMMUNITY.ORG representatives also are available to work with you to explain the parameters of this AUP and to help you avoid an AUP violation.
4GCOMMUNITY.ORG and its providers reserve the right, however, to act immediately and without notice to restrict, suspend or terminate Service, if it reasonably determines that your conduct may: (1) expose 4GCOMMUNITY.ORG to sanctions, prosecution, civil action or other liability; (2) cause harm to or interfere with the integrity or normal operations of 4GCOMMUNITY.ORG’s network or of any other network(s) with which 4GCOMMUNITY.ORG is interconnected; (3) interfere with another 4GCOMMUNITY.ORG member’s use of the Service; (4) violate any applicable law, rule or regulation, including, but not limited to, copyright or any other intellectual property infringement; or (5) otherwise present an imminent risk of harm to 4GCOMMUNITY.ORG or its members. In the event of the termination of your Service by reason of the violation of this AUP, all applicable termination charges will apply. Except as expressly provided herein, the rights and remedies of 4GCOMMUNITY.ORG are cumulative and not exclusive of any rights or remedies that 4GCOMMUNITY.ORG may otherwise have at law or in equity. Waiver of any violation of this AUP by 4GCOMMUNITY.ORG shall not act as a waiver of any subsequent violation of this AUP, nor shall it be deemed to be a waiver of the underlying obligation or term. No failure or delay by 4GCOMMUNITY.ORG in exercising any right or remedy hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. You should read this AUP in conjunction with our Terms of Service and our other Policies which you may find at www.4GCOMMUNITY.ORG. 4GCOMMUNITY.ORG has the right, but not the obligation, to monitor or restrict any use(s) of the Service that 4GCOMMUNITY.ORG reasonably believes (in its sole discretion) violates this AUP, any part of the Terms of Service, or applicable law. You are solely responsible for all content that you transmit or receive utilizing the Service, and you are responsible for any abuse of your account by others (regardless of whether or not you authorized or permitted their conduct).
Reporting Violations. 4GCOMMUNITY.ORG requests that any person who becomes aware of a violation of this AUP report the information to 4GCOMMUNITY.ORG. If available, please provide the IP address or phone number used to commit the alleged violation and the date and time of the alleged violation. In response to such a reported AUP violation, 4GCOMMUNITY.ORG may take any appropriate action as it reasonably deems fit in its sole discretion, including, but not limited to, one or more of the following actions: issue a warning; suspend the subscriber’s newsgroup posting privileges; suspend the subscriber’s account; terminate the subscriber’s account; bill the subscriber for administrative costs and/or reactivation charges; bring appropriate legal action to enjoin further AUP violations and/or to collect damages, if any, caused by such AUP violations; or take no action.
Revisions; Reservation of Rights. 4GCOMMUNITY.ORG reserves all rights, including the right to revise, amend or modify this AUP or any other Policy at any time. Such amendments or modifications will become effective on the date we modify them on our website. Afterwards, your continued use of the Service or Equipment will constitute your acceptance of any such amendments or modifications. However, if you do not wish to continue Service after a change that is materially disadvantageous to you, you may terminate this Agreement by providing written notice to 4GCOMMUNITY.ORG within twenty (20) days after of the effective date of the amendment or modification. Any such termination will be subject to provisions of the Service Agreement.