USE AND INTERNET POLICY
ACCEPTABLE USE AND INTERNET POLICY
To assist Spot Mobile in protecting the usefulness and enjoyment of the Internet for its users, we require that our customers comply with the terms of this Acceptable Use and Internet Resources Policy (the "Policy"), which outlines our policies on acceptable use of our services.
When using Spot Mobile Internet Access Services, Spot Mobile's website, Spot Mobile’s message boards or forums, or any other communication services that may be made available to you by Spot Mobile involving the Internet or potentially impacting others' enjoyment of the Internet (collectively, the "Internet Services"), you are prohibited from engaging in certain activities which include, but are not limited to, those described in this Policy.
If you engage in any of the prohibited activities described below it may, at the sole discretion of Spot Mobile and without notice to you, result in the immediate (1) restriction, suspension or termination of your use of the Internet Services, without compensation, (2) blocking or filtering of content, data or materials accessed by you through Spot Mobile's Internet Services, or (3) involvement of law enforcement agencies. Such activities may also result in civil or criminal liability. The foregoing applies notwithstanding any language or term to the contrary contained in any agreement that you may have with Spot Mobile.
You are responsible for the use of the Internet Services by yourself or any third party who directly or indirectly utilizes the Internet Services provided by Spot Mobile to you, whether or not such use has been authorized by you.
Customer Conduct, Use of Internet Services and Prohibited Activities.
All information, text, data, photographs, videos, audio, messages, calendars, graphics, images and any other material that you upload, transmit or post using the Internet Services provided by Spot Mobile, are entirely your responsibility and Spot Mobile is not responsible for such content. Spot Mobile will not be liable under no circumstances for any damage of any kind caused as a result of the content used by its customers. Please note that YOU ARE PROHIBITED from uploading, transmitting or posting information or materials where such activity:
- Constitutes a criminal offence or engaging in or assisting others to engage in any criminal offence;
- Gives rise to civil liability or from otherwise violating the rights, including infringing copyright and intellectual property rights, or assisting other to violate the rights of Spot Mobile or any third party;
- disrupts or threatens the integrity, operation or security of the Internet Services, computer or internet system;
- elicits complaints from other internet users or service providers;
- violates the provisions of any laws, regulations or policies; and
- is reasonably considered to be objectionable.
You agree to use the services provided by Spot Mobile only to upload, transmit or post materials that have proper content. Below are some examples (these examples are not to be used as a limitation) that you agree not to use the Internet Services for/to:
- Pyramid schemes or selling, spamming or junk emails, contests or surveys.
- Any fraudulent activity.
- Upload, transmit or post any content that is unlawful, abusive, threatening, harassing, harmful, vulgar, obscene, tortuous, defamatory, hateful, invasive of other’s privacy, ethnically, racially or otherwise objectionable.
- Upload, transmit or post photographs, images, software or any other materials that are protected by intellectual property legislation and their use would result in infringement of copyright, trademark, patent, trade secrets or any other proprietary rights that other parties have.
- Upload files or software that contains computer viruses.
- Offer to sell or buy any goods or services.
- Upload, transmit or post photographs, images or any other materials of pornographic content.
- Upload, transmit or post photographs, images or any other materials that harm minors in any way.
- Use a false identity while using the Internet Services provided by Spot Mobile for the purpose of misleading others or circumventing this Policy.
- Collect or store data, use, download, copy or share with other persons or business organizations any information regarding users of the Internet Services and usage information.
- Maintaining a relay service open to the general public.
- Obstructing or bypassing computer identification or security procedures.
- Restrict other users from using and enjoying the Internet Services.
As mentioned above, the content that you use is entirely your responsibility, Spot Mobile is not responsible or liable for such content and has no obligation to monitor the Internet Services. However Spot Mobile, reserves the right to monitor internet usage from time to time with the purpose to review materials posted or uploaded and to remove any materials that violate this Policy in its sole discretion. Spot Mobile also reserves the right to terminate access to the Internet Services to anyone that violates this Policy, for any reason whatsoever and without notice.
In order to use our services you will need to register and you agree to:
- Provide true, accurate and complete information in the registration forms.
- Update the information data in case it changes in order to keep it true, accurate and complete.
- Not provide misleading information in the registration forms
If you provide and/or if Spot Mobile has reasonable grounds to believe that the information contained in the registration forms is untrue, inaccurate or incomplete, Spot Mobile reserves the right to terminate or suspend your account without notice and to refuse any future services to you.
Only those who are at least 13 years of age may use any Forum.
Cooperation with Other Providers.
Spot Mobile may cooperate with other on-line service providers to discourage and resist abuses of this Policy. Spot Mobile reserves the right to take corrective action against you upon notification to Spot Mobile of unacceptable activities by you on other networks. You are prohibited from using the services of another provider to engage in or facilitate any activity that violates this Policy.
Use of Spot Mobile's Website (the "Site")
The Site is provided by Spot Mobile for your personal information and education. You may download materials displayed on the Site for non-commercial, personal use provided that you retain all copyright and other proprietary notices contained in such materials. You may not, however, distribute, modify, transmit, reuse, repost or use any content displayed on the Site for public or commercial purposes, including any text, data, photographs, videos, audio, messages, calendars, graphics or images without the written permission of its owner.
Materials on Spot Mobile's web site which may include text, images, audio clips, video clips, software and other materials (the "Site Content"), are provided by Spot Mobile for information purposes only. While Spot Mobile uses reasonable efforts to include accurate and up-to-date information on the Site, your use and browsing of the Site is at your risk.
The Site Content provided on the Site may contain technical inaccuracies or typographic errors.
The Site Content may be changed or updated without notice. Spot Mobile may also make improvements and/or changes in the products and/or programs described in the Site Content at any time without notice. Products and/or programs described in the materials may be changed at any time without notice. If you do not agree to these terms and conditions, do not access the Site or download any materials of the Site Content.
Spot Mobile intends for the content of the Site to be accurate and reliable, however, since the Content has been compiled by Spot Mobile from a variety of sources, it is provided to you as is and as available.
Links available on this Site will allow you to link to web sites not maintained or controlled by Spot Mobile, including sites of Spot Mobile's related companies and other third parties. Spot Mobile provides these links for your convenience and is not responsible for and makes no representations, warranties or conditions concerning the contents of linked site or any link contained in a linked site. The inclusion of any link does not imply endorsement, investigation or verification by Spot Mobile of the linked site. Spot Mobile uses reasonable efforts to ensure the accuracy of its Site Content on the Site, but cannot and does not warrant the accuracy, completeness, non-infringement, merchantability or fitness for a particular purpose of any information available through these links. It is your responsibility to ensure that any web site you choose to use is free of potentially destructive items such as viruses. Also it is your responsibility to verify any information contained within the links before relying on it. The information contained in the links may be changed or updated at any time without notice.
Spot Mobile assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, or images from the Site.
You will indemnify and hold harmless Spot Mobile from all demands, claims, proceedings, awards, action, damages, losses, costs, charges and expenses, including legal fees, incurred by or made against Spot Mobile, which result from or relate to your violation of this Acceptable Use and Internet Resources Policy. You shall give Spot Mobile prompt notice of any such demand, claim or proceeding that you are aware of.
Reservation of Rights and Spot Mobile Liability Nothing in this Policy shall be interpreted to limit Spot Mobile's rights or remedies in any way with respect to any of the foregoing activities (including, without limitation, Spot Mobile's rights or remedies under any agreement between Spot Mobile and yourself) and Spot Mobile reserves all rights and remedies available to it with respect to such activities at law or in equity. Spot Mobile does not assume liability to you or any other party for failure to enforce the terms of this Policy.
Domain Names Internet Protocol (IP) addresses allocated to customers of Spot Mobile are the property of ARIN (American Registry of Internet Numbers) and its successors ("ARIN") and are allocated by Spot Mobile pursuant to rules and guidelines promulgated by ARIN (as established under the authority of the Internet Assigned Number Authority) and the policies of Spot Mobile, for no longer than the duration of your service agreement with Spot Mobile ("IP Addresses"). You acknowledge that the IP Addresses made available to you are the property of ARIN, and as such you acknowledge you have no rights of ownership of the IP Addresses.
IP Addresses allocated by Spot Mobile are available to any business internet customer of Spot Mobile who is eligible for an IP address allocation from Spot Mobile. Any customer who is eligible for its own assignment of IP addresses from ARIN is responsible for making its own application for such assignment and shall not be eligible for an IP address allocation from Spot Mobile. Any customer who has been allocated IP Addresses by Spot Mobile and who subsequently becomes eligible for its own assignment of IP addresses from ARIN must make an application to ARIN for assignment of its own IP addresses.
Any customer making use of IP Addresses allocated to it by Spot Mobile and who subsequently receives its own assignment of IP addresses of an equivalent or larger allotment from ARIN or in any other manner, must release all of the IP Addresses allocated to it by Spot Mobile and renumber from its subsequently acquired IP addresses.
Where the customer's assignment from ARIN is less than its Spot Mobile IP Address allotment, the customer must release and renumber as set out above, but only up to the number of IP Addresses received from ARIN.
Notwithstanding the above, in the event the customer is in breach of any agreement with Spot Mobile and the customer's service has been suspended, any IP Addresses allocated to it by Spot Mobile will be invalidated in conjunction with such suspension until such breach has been remedied to the satisfaction of Spot Mobile and the customer's service has been restored. Spot Mobile cannot guarantee that identical IP Addresses will be reallocated to the customer in such circumstances.
Customers will be required to maintain accurate and up-to-date IN-ADDR (reverse DNS) records detailing the usage of their IP Addresses. Spot Mobile reserves the right to invalidate any allocation of IP Addresses once it determines there are no IN-ADDR records for such IP Addresses.
In addition to the above, IP Addresses are allocated by Spot Mobile on the basis of the customer's immediate utilization rates. Spot Mobile reserves the right to invalidate the allocation of IP Addresses which are not utilized by the customer within the first three (3) months of such allocation. Spot Mobile also reserves the right to reduce the IP Addresses allocated to a customer if such allocation is underutilized or ineffectively used by the customer. All allocations of IP Addresses are subject to audit and verification by any reasonable means deemed appropriate by Spot Mobile. If any allocation of IP Addresses is found to have been based on false information, Spot Mobile may invalidate the allocation.
An agreement of service between the customer and Spot Mobile does not ensure allocation of any specific allotment of IP Addresses by Spot Mobile to the customer.
YOU ACKNOWLEDGE AND AGREE THAT:
THE INTERNET SERVICES ARE PROVIDED TO YOU AT THEIR CAPACITY AND QUALITY AND BASED ON AVAILABILITY. SPOT MOBILE DISCLAIMS ALL WARRANTIES AND CONDITIONS INCLUDING, BUT NOT LIMITED TO SATISFACTORY QUALITY OR CAPACITY FOR PARTICULAR PURPOSES. SPOT MOBILE IS NOT RESPONSIBLE OR LIABLE IF THE SERVICES BECOME TEMPORARILY OR PERMANENTLY UNAVAILABLE OR INTERRUPTED DURING USE. YOU WILL BE RESPONSIBLE FOR DAMAGES TO YOUR COMPUTER CAUSED AS A RESULT OF DOWNLOADING DATA TRANSMITTED THROUGH THE INTERNET SERVICES OFFERED BY SPOT MOBILE. SPOT MOBILE CANNOT GUARANTEE THE SAFETY NOR SECURITY OF INFORMATION. Spot Mobile IS UNDER NO OBLIGATION TO SECURE OBJECTIONABLE MATERIALS BEING UPLOADED, TRANSMITTED OR POSTED. Spot Mobile IS NOT LIABLE FOR DAMAGES ON ANY KIND WHATSOEVER. ALL INFORMATION RECEIVED, SUBMITTED OR COMMUNICATED IS AT YOUR RISK.
SPOT MOBILE ASSUMES NO RESPONSIBILITY TO YOU OR ANY THIRD PARTY FOR ANY ERRORS OR OMISSIONS OF ANY KIND IN THE SITE CONTENT AND DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESSED OR IMPLIED AS TO THE SITE CONTENT AND TO ANY MATTER RELATING TO THE SITE INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND/OR CONDITIONS OF NON INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL SPOT MOBILE BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR THE CONTENT AVAILABLE OR REFERRED TO ON THE SITE, OR ANY OTHER SITE YOU MAY ACCESS THROUGHOUT THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Reporting of Violations Please report any violations at [firstname.lastname@example.org] or at 305-993-6700. If available, please provide us with the following information:
1. name and IP address of the violator(s).
2. date and time of the alleged violation(s).
3. description of the violation(s)
Revisions of the Acceptable Use and Internet Resources Policy
Spot Mobile reserves the right to revise, amend or modify this Policy at any time. Updated policies will be posted at our corporate website at www.spotmobile.com.