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i-wireless Acceptable Use Policy

 

The following terms apply to your (which includes anyone who uses our Services) use of and access to any i-wireless LLC, together with its subsidiaries, affiliates, agents, and licensors, (collectively “i-wireless”), owned and operated website (“Website”) as well as any electronic transmission sent, received, posted accessed or stored via any network (“Network”).

Coverage of this Policy

In addition to the other agreements between you and i-wireless, 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 i-wireless may modify it from time to time. Modifications to this Policy are effective upon its posting to 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

You may access and use our Website and Network only for lawful purposes. You are responsible for any transmission you send, receive, post, access or store via our Network, including the content of any communication. Transmitting, distributing, or storing any material that violates any applicable law is prohibited. Additionally, the following non-exhaustive list details the kinds of illegal or harmful conduct that is prohibited:

  • Infringement: Infringement of intellectual property rights or other proprietary rights including, without limitations, material protected by copyright, trademark, patent, trade secret, or other intellectual property right. Infringement may result from the unauthorized copying distribution, and/or posting of pictures logos, software, articles, musical works, and videos.
  • Offensive Materials: Disseminating or posting material that is unlawful, libelous, defamatory, obscene, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable,. Without limiting the foregoing, you may not access or use our Website or Network in any manner for the transmission or dissemination of images containing child pornography.
  • Excessive Utilization of Network Resources: Consuming a disproportionate amount of available Network resources resulting in the potential to disrupt or degrade the Network or Network usage by others. 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 Network and not by the use of any particular application.
  • Export Violations: Violations of export laws, regulations, and rules, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce.
  • Fraudulent Conduct: (1) Conducting fraudulent business operations and practices; (2) offering or disseminating fraudulent goods, services, schemes, or promotions (e.g., make-money-fast-schemes, chain letters, and pyramid schemes); and (3) individual or business representation as an authorized 3rd party affiliation or agent for a business entity (e.g. i-wireless LLC) without the business’ prior consent.
  • Falsification/Impersonation: Using the Network 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.
  • Harmful Content: Disseminating or posting content that is harmful to the Network or other users of the Network 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.

Electronic Communications

You may not distribute, publish, or send through our Network: (1) any spam, including any unsolicited advertisements, solicitations, commercial email 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; (7) any message that is categorized as “phishing.”

Likewise, you may not: (1) participate in spidering, harvesting, or any other unauthorized collection of email 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.

Network Security and Integration

You may not violate the security of our Network in any way. Such violations may result in criminal or civil liability. i-wireless may, but is not obligated to, investigate any violation or our Network. i-wireless may cooperate with law enforcement where criminal or unauthorized activity is suspected. By using i-wireless products and services or sending, receiving, posting, accessing, or storing any electronic transmission via our Network, you agree to cooperate in any such investigation. Examples of Network security violations include, without limitation:

  • Hacking: Unauthorized access to our use of data, systems, or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach the security or authentication measures without the express prior authorization of the owner of the system or network.
  • Interception: Unauthorized monitoring of data or traffic on any network or system without the express prior authorization of the owner of the system or network.
  • Intentional Interference: 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 the routing information of electronic mail messages in a manner that falsifies an Internet domain, header information, date or time stamp, originating email address, or other identifier.
  • Avoiding System Restrictions: Using manual or electronic means to avoid any limitations established by i-wireless or attempting to gain unauthorized access to, alter, or destroy any information that relates to any i-wireless customer or other end-user. i-wireless, may but is not obligated to, take any action, it deems necessary to (1) protect its Network, its rights, or the rights of its customers or third parties, or (2) optimize or improve its Network, 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 the Network. i-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 This Policy

We have the right, but are not obligated to strictly enforce this Policy through self-help, active investigation, litigation, and prosecution.

i-wireless 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 i-wireless to sanctions, prosecution, civil action, or other liability; (2) cause harm to or interfere with the integrity or normal operations of i-wireless' Network or networks with which i-wireless is interconnected; (3) interfere with another i-wireless customer’s use of the Network; (4) violate any applicable law, rule, or regulation; or (5) otherwise present an imminent risk of harm to i-wireless or its customers.

i-wireless has the right, but not the obligation, to monitor or restrict any uses of the Network that i-wireless reasonably believes is in its sole discretion violate this AUP. You are sole 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 of 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.

Miscellaneous

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. i-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.

Visitors Agreement

Welcome to i-wireless LLC's website, together with its subsidiaries, affiliates, agent and licensors (collectively "i-wireless").  The following terms apply to your use of and any access to i-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.

Coverage of this Agreement

In addition to other agreements between you and i-wireless LLC, 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 "Visitor's Agreement"), as i-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 and accept to 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 i-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 this-party websites is entirely at your own risk.  i-wireless makes no representation or warranty concerning any other site or the information, products or services offered or appearing on or through these sites.  i-wireless does not sponsor or endorse the operators of the sites or the content, products or services they provide.  i-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.

Unsolicited Submission of Ideas

Although i-wireless welcomes questions or feedback about your use of our Website and i-wireless' services and products, i-wireless does not invite, accept, or consider under any circumstances unsolicited submissions of ideas, creative suggestions, or proposals ("Ideas") relating to its business, including Ideas for services, products, technologies, processes, materials, product names, advertising campaigns, promotions or marketing plans.  This policy is intended to avoid disputes in the event that i-wireless' products or marketing strategies seem similar to ideas submitted by i-wireless or its employees.  Therefore, unless otherwise explicitly stated by i-wireless, all ideas and intellectual property included in any unsolicited submission of Ideas will automatically be treated as non-confidential and as the sole property of i-wireless, without compensation whatsoever to you.  i-wireless will have no obligations to you with respect to such ideas and has the right to destroy submission Ideas upon receipt.

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 Acceptable Use Policy.

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.  i-wireless may, but is not obligated to, investigate any violation of our Website.  i-wireless may cooperate with law enforcement where criminal or unauthorized activity is suspected.  By using i-wireless' Website, you agree to cooperate in any such investigation.  i-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 Website.

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.  i-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 i-wireless to sanctions, prosecution, civil action or other liability; (2) cause harm to or interfere with the integrity or normal operations of i-wireless' Website; (3) interfere with another i-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 i-wireless or its customers.  i-wireless has the right, but not the obligation, to monitor or restrict any uses of of the Website that i-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 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 AMY MATERIAL DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH AM I-WIRELESS WEBSITE.  ANY CONTENT OR INFORMATION ACCESSED BY OR PROVIDED TO YOU THROUGH AN I-WIRELESS WEBSITE IS PROVIDED "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE."  I-WIRELESS, ITS AGENTS, AND ITS LICENSORS DO NOT WARRANT THE ACCURACY COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF ANY SUCH CONTENT OR INFORMATION AVAILABLE THROUGH ITS WEBSITE.  YOU ACCESS SUCH CONTENT OR INFORMATION AT YOUR OWN RISK.  I-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 I-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 I-WIRELESS, ITS AGENTS, AND ITS LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO ANY I-WIRELESS WEBSITE WILL NOT EXCEED $100.00 BECAUSE SOME STATES DO NOT ALLOW WITH 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 I-WIRELESS AND ITS AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.

Governing 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 North Carolina have exclusive jurisdiction over and any venue of suit that relates to this Visitors Agreement.  

Indemnification

You agree to indemnify, defend, and hold harmless i-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 law; (4) information or content that you submit, post, transmit, or make available through our Website; or (5) your use of our Website.

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.accesswireless.com.  

Privacy Policy

i-wireless respects the privacy of visitors to our site.  Please take a few minutes to review our Privacy Policy.

Miscellaneous

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.  i-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.

Access Wireless is a service provider for the government-funded Lifeline Assistance program. Lifeline service is provided by i-wireless LLC, d/b/a Access Wireless, an eligible telecommunications carrier. Lifeline service is non-transferable. Only one Lifeline discount, consisting of either wireline or wireless service, can be received per household. A household is defined, for the purposes of the Lifeline program, as any individual or group of individuals who live together at the same address and share income and expenses. Violation of the one-per-household rule constitutes a violation of FCC rules and will result in the customer’s de-enrollment from the Lifeline program. Consumers who willfully make false statements in order to obtain a Lifeline benefit can be punished by fine or imprisonment or can be barred from the program. Customers must present proper documentation confirming their eligibility for the Lifeline program. Customer information will be validated against public records and any discrepancies could result in your approval or rejection of service.