Acceptable Use Policy ("AUP")
Certain of your activities in using Flash Wireless, LLC's ("Flash Wireless") services (including without limitation any website and wireless voice and
data) (collectively referred to herein as "Services") may expose Flash Wireless and other persons or entities to claims of civil or criminal liability or
other legal sanctions. These activities may also 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 your 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 an account holder or user with Flash Wireless. "Flash Wireless", "we", "us", "our" and similar terms mean Flash Wireless, LLC and its affiliates doing business as Flash Wireless.
This AUP applies to your use of the Services. If you or anyone using your Services violates the AUP, Flash Wireless may, depending on the nature and
severity of the violation, suspend, terminate or take other action regarding the Services, as provided herein or as provided in the Flash Wireless Terms
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 many 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. 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 an individual
engages in any of the prohibited voice or data uses detailed below, (ii) if any individual engages in any use of the service that it inconsistent with
normal/typical individual use of the service (including without limitation use of the service in excess of normal/typical individual 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, "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. 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 normal/typical individual 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 normal/typical individual use, customer patterns, or other relevant factors. Flash Wireless may determine, in its sole
discretion, inappropriate usage of Services provided under 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, at 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
normal/typical individual use of the service, Flash will notify you of your violations and then 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 following repeated
notifications to you of your violations.
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
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.
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.
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 or 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,
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.
Unauthorized monitoring of data or traffic on any network or system without the express prior authorization of the owner of the system or network.
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
Avoiding System Restrictions:
Using manual or electronic means to avoid any limitations established by Flash Wireless or attempting to gain unauthorized access to, alter, or destroy
any information that relates to any Flash Wireless customer or other end-user. Flash Wireless may, but is not obligated to, take any action it deems
necessary to (1) protect any network relating to the Services, its rights, or the rights of its customers or third parties, or (2) optimize or improve
any network 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 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
to sanctions, prosecution, civil action, or other liability; (2) cause harm to or interfere with the integrity or normal operations of any network 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 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; 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 POLICY BY 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. 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 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.
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.
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 abuse of 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.
Any complaints regarding the violation of this AUP by an 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
Office of the General Counsel
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).
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 an account holder or user with Flash Wireless. "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 " Visitors Agreement"), 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 Visitors
Agreement 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
INVESTIGATION AND ENFORCEMENT OF THE VISITORS AGREEMENT
We have the right, but are not obligated, to strictly enforce this Visitors Agreement 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 THIS VISITORS AGREEMENT AND ACTUAL OR ATTEMPTED BREACHES BY A THIRD PARTY ON BEHALF OF A COMPANY,
CUSTOMER, OR USER MAY BE CONSIDERED BREACHES OF THIS VISITORS AGREEMENT 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.
This Visitors Agreement is 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 this Visitors Agreement.
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 this Visitors Agreement by 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
MODIFICATION OF THE VISITORS AGREEMENT
We reserve the right to modify this Visitors Agreement at any time, effective upon its posting, as modified, on www.myflashwireless.com.
Any failure to insist upon or enforce performance of any provision in this Visitors Agreement 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 Visitors Agreement. 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 Visitors Agreement 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 this Visitors Agreement, please email us at the address found in the AUP.