The following terms apply to the use of services, products, and websites provided by Locus Telecommunications, Inc. and its subsidiaries, affiliates, agents, and licensors (collectively "H2O").BY USING THE SERVICE, OR ANY EQUIPMENT PURCHASED BY YOU FROM LOCUS (the “Equipment”), YOU AGREE TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS OF THIS Authorized Use Policy (AUP).
COVERAGE OF THIS POLICY AND AGREEMENT
In addition to other agreements between you and H2O, these terms explain the policies that govern your access to and use of our Website and Network. By accessing or using our Website or Network, you agree to these terms (collectively the "Policy"), as H2O may modify it from time to time. Modifications to this Policy are effective upon its posting on our Website. If you do not agree to accept and comply with the Policy, then do not access or use our Website or Network.
ILLEGAL OR HARMFUL USE
Any and all H2O services are intended for your personal use only, our services are NOT for commercial use and we reserve the right to modify, extend, or cancel this service at any time without notice. Commercial resale of the Equipment is strictly prohibited except by authorized distributors and dealers of Locus. Exporting of Equipment outside the U.S. is strictly prohibited. You may NOT alter any of the hardware or software in this Equipment. Any and all H2O services are intended for use only within the 50 United States wherever the coverage is available.
UNLAWFUL, UNAUTHORIZED USAGE
Equipment or Service may NOT be used for any unlawful, unauthorized purpose or in any way that damages our property or others' property, or interferes with, harms or disrupts our system or other operators' systems or other users. You are responsible for all content you transmit using the Service. You may not install any amplifiers, enhancers, repeaters or other devices that modify, disrupt or interfere in any way with the radio frequency licensed to us to provide Service. All laws must be complied with while using the Service and will not transmit any communication or data that would violate any laws, court order, or regulation, or would likely be offensive to the recipient. You are solely responsible for all data activity from and to your Equipment, regardless of who initiates the activity.
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 Authorized Use Policy (“AUP”). We consider 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 sender when given the opportunity to do so.
Impersonation : You may not use the Service to impersonate any person or entity, or 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, auto-responders, cancelbots, corrupted files, or other code that manifests contaminating or destructive properties. To protect our customers, we monitor Internet ports that are considered to be security risks as determined by us in its sole discretion.
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.
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.
STOLEN FRAUDULENT ACTIVITIES
If your Device, user name or password is stolen or Service is fraudulently used, you must immediately notify us and provide us with such documentation and information as we may request (including affidavits and police reports). Until you notify us, you will remain responsible for all charges. LOCUS has the right to interrupt or restrict Service to your Number, without notice to you, if we suspect fraudulent, illegal, or abusive activity, including, but not limited to: (a) conducting business operations and practices; (b) offering or disseminating fraudulent goods, services, schemes, or promotions (e.g., make-money-fast schemes, chain letters, and pyramid schemes); and (c) individual or business representation as an authorized 3rd party affiliation or agent for a business entity (e.g., H2O® Wireless ) without the business' prior consent. You agree to cooperate with us in any fraud investigation and to use any fraud prevention measures we prescribe. Failure to provide reasonable cooperation may result in your liability for all fraudulent usage. 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 scams. You may not use techniques to hide or obscure the source of any e-mail or other communication. You are responsible for all data activity from and to your Equipment, regardless of who initiates the activity.
UNLIMITED PLAN ABUSE
For any Service that includes unlimited features, “unlimited” does not mean unreasonable use. H2O’s unlimited voice features are provided solely for dialogue between two individuals and for non-commercial use. Other uses have a disproportionate impact on network resources and are therefore considered unreasonable. Unreasonable voice use includes, but is not limited to, the following: monitoring services, transmission of broadcasts, telemarketing, call center services, autodialed calls, an abnormally high number of conference calling, calls, or messages, and/or calls of abnormally long duration. H2O’s unlimited data or messaging features are provided solely for purposes of non-commercial messaging, Internet browsing, e-mail access, and the non-continuous streaming of data (e.g. downloading files). While most common uses are permitted by our data and messaging features, there are certain uses that cause extreme network capacity issues and are therefore prohibited. Our data and messaging services may not be used: (a) to generate excessive amounts of Internet traffic through the continuous, unattended streaming, downloading, or uploading of videos or other files, (b) to operate hosting services, (c) to maintain continuous active network connections to the Internet such as through a web camera or automated machine-to-machine connection or peer-to-peer (P2P) file sharing, (d) to disrupt e-mail use by others using automated or manual routines, including, but not limited to "auto-responders," cancel bots, or other similar routines, (e) to transmit or facilitate any unsolicited or unauthorized advertising, promotional materials, “spam,” unsolicited commercial or bulk e-mail or messaging, (f) for activities adversely affecting the ability of other people or systems to use either H2O's wireless services or other parties' Internet-based resources, including, but not limited to, "denial of service" (DoS) attacks against another network host or individual user, (g) for an activity that tethers or connects any device to personal computers or other equipment for the purpose of transmitting wireless data over the network (unless customer is using a plan designated for such usage), (h) as a dedicated data connection, (i) for abnormally long data transmissions, or (j) for any other reason that, in our sole discretion, violates our policy of providing “unlimited” Services for non-commercial use.
LOCUS make absolutely no representations, warranties or guarantees about the Data Content you access through the Equipment. Data Content may be: unsuitable for children/minors; unreliable or inaccurate; or offensive, indecent or objectionable. You are solely responsible for evaluating the Data Content accessed by you or anyone using your Equipment. We bly recommend that you monitor content access by children or minors. Prior to accessing certain content which may be inappropriate for children/minors, we may require you to provide certain personal information in order to verify that you are at least 18 years of age. Data Content from third parties may also harm your Equipment or its software. To protect our network or services, or for any other reason, we may place restrictions on accessing certain Data Content, impose separate charges, limit the amount of data you can access or transfer, or otherwise limit or terminate services.
INVESTIGATION AND ENFORCEMENT OF THIS POLICY
We have the right, but are not obligated, to strictly enforce this Policy through self-help, active investigation, litigation, and prosecution. H2O reserves the right to act immediately and without notice to restrict, suspend, or terminate your use of the Network if it reasonably determines that your conduct may: (1) expose H2O to sanctions, prosecution, civil action, or other liability; (2) cause harm to or interfere with the integrity or normal operations of H2O's Network or networks with which H2O is interconnected; (3) interfere with another H2O customer's use of the Network; (4) violate any applicable law, rule, or regulation; or (5) otherwise present an imminent risk of harm to H2O or its customers. H2O has the right, but not the obligation, to monitor or restrict any uses of the Network that H2O reasonably believes in its sole discretion violates this AUP. You are solely responsible for all content that you transmit or receive utilizing the Network, 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 Network 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 THIS POLICY AND ACTUAL OR ATTEMPTED BREACHES BY A THIRD PARTY ON BEHALF OF A COMPANY, CUSTOMER, OR USER MAY BE CONSIDERED BREACHES OF THIS POLICYBY SUCH COMPANY, CUSTOMER, OR USER.
Any failure to insist upon or enforce performance of any provision in this Policy 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 Policy. H2O may assign its rights and duties under these terms to any party at any time without notice to you. If any provision of this Policy 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.