Last updated on 8/20/12
THIS ACCEPTABLE USE POLICY ("AUP") WHICH ARE MADE AVAILABLE BY STS MEDIA, INC. D/B/A FREEDOMPOP ("FREEDOMPOP") FORMS AN INTEGRAL PART OF THE FREEDOMPOP TERMS OF SERVICE (TOGETHER WITH ANY OTHER TERMS AND CONDITIONS, RULES OR POLICIES APPLICABLE TO THE USE OF THE SITE AND SERVICES, THE "Terms") THAT GOVERN YOUR USE OF THE SITE AND SERVICES (EACH AS DEFINED IN THE TERMS). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE, ANY SERVICES MADE AVAILABLE THROUGH THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE. YOUR USE OF THIS SITE AND SERVICES SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY ALL OF THE TERMS AND CONDITIONS APPLICABLE TO YOUR USE OF THE SITE AND SERVICE. FREEDOMPOP MAY MAKE CHANGES TO THIS AUP AT ANY TIME. FREEDOMPOP CAN CHANGE, MODIFY OR ADD OR REMOVE PROVISIONS OF THIS AUP AT ANY TIME BY POSTING UPDATED TERMS ON THIS SITE AND/OR BY PROVIDING YOU WITH NOTICE OF SUCH CHANGES BY EMAIL USING THE EMAIL ADDRESS THAT YOU HAVE PROVIDED TO US. IF ANY CHANGE, MODIFICATION, ADDITIONAL PROVISION OR REMOVAL OF A PROVISION OF THIS AUP IS UNACCEPTABLE TO YOU, YOU MUST STOP USING THIS SITE AND THE SERVICES. IF INSTEAD, YOU CONTINUE TO USE THIS SITE OR THE SERVICES, YOU WILL BE CONCLUSIVELY DEEMED TO HAVE ACCEPTED THE CHANGE. CAPITALIZED TERMS USED BUT NOT DEFINED BELOW, SHALL HAVE THE MEANING SET FORTH ELSEWHERE IN THE TERMS.
FreedomPop has created this AUP (which in addition to the other terms and conditions set forth or referenced in the Terms, governs your use of the Site and Services) to ensure the integrity of its wireless broadband network and to enhance the use of the Services for all of FreedomPop's customers by designating standards for acceptable and unacceptable use.
Nature of the Services. The Services provided to you are intended for reasonable, periodic, non-continuous, personal use by a person using a computing device, consistent with the type of use made by a typical individual consumer of the Services we make available to you. The Services are not intended for business use. Examples of permitted uses of our Services include, by way of example only, using the Broadband Service for web surfing, sending and receiving email, sending and receiving photographs, occasional on-line gaming, and the occasional non-continuous streaming of videos and downloading of files. Examples of uses of the Services that are not permitted include, by way of example only, using the Broadband Service for 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 connections that do not involve active participation by a person; or operating an Internet hosting service, such as web hosting or gaming hosting. However, the immediately preceding restriction against unattended or continuously uninterrupted Internet connections shall not apply to you in the sole event that your Monthly Plan for the Broadband Service expressly and specifically permits such usage and your Monthly Plan subscription rate expressly and specifically contemplates such usage; otherwise, any usage of the Broadband Service for an unattended or continuously uninterrupted Internet connection shall be prohibited.
You may not use the Services 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 Monthly Plan for the Broadband Service under which you pay FreedomPop additional fees for exceeding a certain prescribed broadband data usage level during a particular monthly service period. Both fixed wire-line Internet service and wireless Internet service have limited bandwidth capacity. Like fixed wire-line Internet service, the Broadband 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 Broadband Service and the other Services.
Prohibited or Actionable Activities. To preserve the ability of all of our customers to use the Services without interference or harassment from other users, and as a condition of using the Services, FreedomPop prohibits you from engaging in the following activities:
Unlawful or Improper Use of the Services. You may not use the Services in a manner that is unlawful; is harmful to or interferes with the operation of FreedomPop's or its third party service providers' networks or systems, or the networks of any other provider; damages, disables or impairs any FreedomPop or third party property; interferes with the use or enjoyment of Services or other services received by others; infringes, violates or misappropriates intellectual property or other proprietary 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 or publicity rights.
Objectionable Material. You may not use the Services to store, post, transmit, or disseminate material or information that is unlawful, harmful, threatening, abusive, harassing, libelous, 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 Services 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, rules or regulations regulating e-mail services or privacy constitutes a violation of this AUP. FreedomPop considers any unsolicited commercial e-mail to be Spam, regardless of the amount of e-mail sent, unless the recipient has specifically requested the information. An e-mail may be 'unsolicited' for purposes of this AUP if: (a) the recipients' e-mail addresses were not obtained through a personal or customer relationship between recipient and sender; (b) recipients did not affirmatively consent to receive communications from the sender; or (c) recipients have opted out of receiving communications from the sender when given the opportunity to do so.
Fraudulent Activity. You may not use the Services 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 Services 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 advertising or communication.
Software Viruses. You may not use the Services 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. To protect our customers, FreedomPop or its third party service providers may monitor Internet ports that are considered to be security risks, as determined by FreedomPop and its third party service providers in their sole discretion.
Collecting Information. You may not use the Services to store or collect, or attempt to store or collect, non-public personal information about third parties without their prior knowledge and consent and otherwise in accordance with all applicable privacy laws, rules and regulations.
Storage or Hosting. Unless otherwise expressly permitted by FreedomPop or the providers of Other Services that you purchase through FreedomPop, you may not use the Services to store or host any material or information. In particular, the Broadband 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 customers 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. FreedomPop (and its third party service 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 FreedomPop network 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 Broadband Service previously described in this AUP. FreedomPop and its third party service providers 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, FreedomPop uses 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 FreedomPop will endeavor to lift any limits it may have imposed on bandwidth intensive users during the period of congestion. FreedomPop may also consider historical usage patterns when temporarily reducing the data rate of bandwidth intensive users during periods of congestion. When feasible, upon observation of an excessive use pattern, FreedomPop will attempt to contact you by email or telephone (at the email or telephone number that you gave to us) or otherwise alert you to your excessive use of bandwidth and to help you determine the cause. FreedomPop representatives are also available to explain this AUP and to help you avoid excessive use incidents. You may contact them through the Support feature on our Site.
If you are unavailable or do not respond to FreedomPop'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 Services, then FreedomPop reserves the right to immediately restrict, suspend or terminate your access to the Broadband Service (and/or other applicable Services) without further notice in order to protect the network and minimize congestion caused by your 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 Broadband Service (or other applicable Services) and not by the use of any particular application.
Use of Your Account by Others. You may not, through action or inaction, allow or encourage others to use the Services for illegal or improper activities or for any purpose or in any manner prohibited by this AUP or the other Terms; nor may you reproduce, duplicate, copy, sell, provision, resell, rent, lend, pledge, transfer, distribute or exploit any portion of the Services or Equipment without FreedomPop's prior written consent in each instance. You may not permit your network, through action or inaction, to be configured in such a way that gives a third party the capability to use the Services in an illegal or improper manner or for any purpose or in any manner prohibited by this AUP or the other Terms.
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 Services for the reconstruction of any lost data.
AUP Enforcement and Notice. Your failure to observe the terms of this AUP may result in FreedomPop taking actions that may range from a warning to a suspension or termination of the Services. When feasible, upon observation of a violation of this AUP, FreedomPop may attempt to contact you by e-mail at the e-mail address you have provided to us or otherwise to notify you of the violation. FreedomPop representatives are also available to work with you to explain the parameters of this AUP and to help you avoid an AUP violation. You may contact them through the Support feature on our Site.
FreedomPop reserves the right, however, to act immediately and without notice to you, to restrict, suspend or terminate Services, if it reasonably determines that your conduct may: (a) expose FreedomPop or its third party service providers to sanctions, criminal prosecution, civil action or other liability; (b) cause harm to or interfere with the integrity or normal operations of FreedomPop's network or of any other network(s) with which FreedomPop is interconnected; (c) interfere with another FreedomPop customer's use of any Services; (d) violate any applicable law, rule or regulation, including, but not limited to, those relating to the infringement, misappropriation or violation of any copyright, patent, trademark, trade secret, privacy, publicity or any other intellectual property or other proprietary right; or (e) otherwise present an imminent risk of harm to FreedomPop, its licensors, third party service providers or customers.
In the event of the termination of the Services by reason of your violation of this AUP or other Terms, all applicable termination charges will apply and you will not receive any refund of prepaid fees. Except as expressly provided herein, the rights and remedies of FreedomPop are cumulative and not exclusive of any rights or remedies that FreedomPop may otherwise have at law or in equity. Waiver of any violation of this AUP by FreedomPop 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 FreedomPop 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 other Terms which you may find at . FreedomPop and its third party service providers have the right, but not the obligation, to monitor or restrict any use(s) of the Services that FreedomPop reasonably believes (in its sole discretion) violates this AUP, any other part of the Terms, or any applicable law, rule or regulation. You are solely responsible for all content that you transmit or receive utilizing the Services, 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. FreedomPop requests that any person who becomes aware of a violation of this AUP or any other Terms, immediately report the information to FreedomPop at . If available, please provide the IP address used to commit the alleged violation and the date and time of the alleged violation. In response to such a reported AUP violation, FreedomPop may, either alone or in cooperation with its third party service providers, law enforcement or other third parties, 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 FreedomPop.com Account and access to the Services; terminate the subscriber's access to the Services; bill the subscriber for administrative costs and/or reactivation charges; bring appropriate legal action to enjoin further AUP violations; and/or pursue legal proceedings against the subscriber to collect damages or to seek any other legal or equitable remedies available to FreedomPop as a result of the subscriber's violation of this AUP or any other Terms.