Section 1. General
Section 2. ACS Wireless Data Use.
Section 3. Permissible and Prohibited Uses.
Section 4. Use for Lawful Purposes.
Section 5. Objectionable Conduct and Content that violate the Policy
Section 6. System and Network Security
Section 7. Management of Resources
Section 8. Information, Files and Programs - Limitation of Liability
Section 9. Privacy; Monitoring the Services
Section 10. Personal Information - Limitation of Liability
Section 11. One Account, One Connection
Section 12. Interruption of Service
Section 13. Remedies Available to ACS Wireless
Section 14. General
1. General.
The rules and standards set forth in this ACS Wireless Data Acceptable Use Policy (the “Wireless Data Acceptable Use Policy” or “Policy”) will apply to the use of ACS Wireless Data Services by an individual or entity subscribing to, and/or using, an ACS Wireless Data account (hereinafter referred to as “you” or “Customer”). Your subscription to and use of an ACS Wireless Data service constitutes acceptance of and agreement to comply with the requirements and terms of the ACS Wireless Data Acceptable Use Policy, and you acknowledge that you have read and understand them. As an ACS Wireless Data Customer, you agree to comply with the rules, standards and guidelines set out in this ACS Wireless Acceptable Use Policy, and you acknowledge that ACS Wireless has the right to enforce the Policy, in its sole discretion. This means that if you or anyone using your member privileges violates any provision of this Wireless Data Acceptable Use Policy, ACS Wireless may take all appropriate action, including issuing a warning to you or termination of your account privileges, with or without notice. Prospective customers who cannot or otherwise believe that they may not comply with the Policy requirements should not purchase services from ACS. Current customers who cannot or choose not to comply should deactivate their service. Early Termination Charges may apply if you choose to terminate service prior to the end of your service term.
ACS reserves the right to modify its Wireless Data Acceptable Use Policy at any time without notice. Your continued use of an ACS Wireless Data account constitutes acceptance of the then-current Wireless Data Acceptable Use Policy in place as posted on this website. Capitalized terms not otherwise defined in this Policy will have the meaning given to them in the ACS WIRELESS, INC. WIRELESS VOICE, & DATA SERVICE SUBSCRIPTION AGREEMENT Standard Terms and Conditions, to which this Policy is made part.
Section 2. ACS Wireless Data Use.
ACS Wireless Inc. encourages its Customers to participate in the online world to express their views and benefit from the interactive experience. However, it is important to remember that there are rules and standards described in this Policy that you must abide by as an ACS Wireless Data Customer. As the account holder, you are solely responsible for any and all use made of your ACS Wireless Data account, including the conduct of anyone else using your account. Violations of this Policy by a particular account will be the responsibility of the account holder, regardless of whether the account holder was personally responsible for the violation. This includes the content of all email messages generated or forwarded, and all content in any folders, home pages or other transmissions, information, images or other interactions you generate, transmit or maintain on or through the ACS Wireless Data Plan.
Section 3. Permissible and Prohibited Uses of Wireless Data Services.
Permissible Uses.
You may only use ACS Wireless services for lawful purposes. Your Wireless Data plan is intended for Web browsing, messaging, and similar activities on your device and not on any other equipment. Permissible uses include:
- Internet browsing
- e-mail
- Intranet access (including access to Corporate intranets, e-mail and individual productivity applications such as customer relationship management, sales force and field service automation)
Prohibited Uses of Wireless Data Services.
Wireless Data access is for individual use only and not for resale. Unless explicitly permitted by your Data Plan, the following uses, including, for example, tethering your device to a personal computer or other hardware, are not permitted.
Some examples of prohibited uses include, but are not limited to, the following:
- Wireless Data access cannot be used as a substitute or backup for private lines or dedicated data connections;
- Use with server devices or with host computer applications, including, without limitation, web camera posts or broadcasts, automatic data feeds, telemetry applications, automated functions or any other machine-to-machine application;
- Server devices or host computer applications, including continuous Web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections or peer-to-peer (P2P) file-sharing applications that are broadcast to multiple servers or recipients, “bots” or similar routines that could disrupt net user groups or email use by others or other applications that denigrate network capacity or functionality;
- Any activity that adversely affects the ability of other users or systems to use either ACS’ services or the network-based resources of others, including the generation or dissemination of viruses, malware or “denial of service” attacks;
- Accessing, or attempting to access without authority, the information, accounts or devices of others, or to penetrate, or attempt to penetrate, ACS’ or another entity’s network or systems;
- Running software or other devices that maintain continuously active Internet connections when a computer’s connection would otherwise be idle, or “keep alive” functions. For example, you cannot use a Data Plan for Web broadcasting, or for the operation of servers, telemetry devices and/or supervisory control and data acquisition devices.
Section 4. Use for Lawful Purposes
You may only use ACS Wireless Data services for lawful purposes. You are responsible for ensuring that your conduct when using ACS Wireless Data Services conforms to the requirements of all applicable federal, state and local laws and regulations (including foreign or international law where appropriate), and all rules, standards, and policies issued by ACS Wireless, or any applicable service provider or on-line service. The laws that apply in the offline world must be obeyed on-line as well.
Wireless Data Use for Illegal Purposes is Prohibited.
Posting, transmitting, promoting, distributing or storing Content in violation of any applicable law or regulation is prohibited. “Content” in violation of applicable law means the text, software, communications, images, sounds, and all other information and materials you encounter or generate on-line on the Internet, which is protected by copyright, trademark, trade secret or other intellectual property rights, and material that is obscene, defamatory, constitutes an illegal threat, or is otherwise considered unlawful.
The prohibition against the use of an ACS Wireless Data account or ACS Wireless Data Service to engage in unlawful activity is not limited to those activities described below, but applies to any and all unlawful activity. Any ACS Wireless Data account found to be engaged in any unlawful activity will be immediately terminated.
Some examples of prohibited illegal conduct or interference include:
- Posting obscene content (including child or adult pornography).
- Planning illegal activity, such as building a bomb or counterfeiting money.
- Advertising a lottery, ammunition, firearms, tobacco, alcohol, illegal drugs and drug-related paraphernalia.
- Pretending to be anyone you are not -- you may not impersonate another person (including celebrities, another ACS Customer, an ACS employee, or a civic or government leader).
- Using false statements to get, or to attempt to get, account information or other private information from other ACS Customers or other Wireless Data users.
- Engaging in copyright infringement or other intellectual property infringement.
- Activity which in any way interferes with any person, entity or computer system accessible via Wireless Data access regardless of whether the interference is in violation of federal, state or local law, including but not be limited to:
- An unauthorized attempt to access or use the data or resources of another person, entity, host or network, including any attempt to probe another person, entity, host or network, or to breach the security of a system belonging to another person, entity, host or network.
- The interference with any person, entity, host or network, including but not limited to, mail-bombing, flooding, or any other deliberate attempt to adversely impact another person, entity, host or network.
In connection with the investigation of possible misuse or unlawful use of Wireless Data Services, whether initiated by ACS Wireless or any law enforcement or governmental agency, ACS Wireless is authorized to disclose any information about you and your use of ACS Wireless Data Services to law enforcement or other government officials, as ACS Wireless, in its sole discretion, believes to be necessary or appropriate. In addition, ACS Wireless is required to cooperate with law enforcement or governmental authorities, including complying with search warrants, court orders and subpoenas. If ACS Wireless decides to investigate or resolve possible misuse involving you or anything you do on your ACS Wireless account, ACS Wireless is entitled to disclose any information about you and anything you do with your service to law enforcement or other government officials as ACS Wireless in its sole discretion believes to be necessary or appropriate to comply with its policies and the law.
Section 5. Objectionable Conduct and Content that violate the Wireless Data Acceptable Use Policy
You are solely responsible for your conduct while using ACS Wireless Data Service, including the content of all email messages you generate or forward, and all content in any folders, home pages or other transmissions, information, images or other interactions you generate, transmit or maintain on or through ACS Wireless Data Services. ACS Wireless takes no responsibility for any such on-line distribution or publication by you. ACS Wireless cannot and will not review every message or other content you may generate or post, and ACS Wireless is not responsible for the content of those messages.
ACS Wireless reserves the right to remove content, and if necessary, terminate your wireless data account, without notice, if we become aware of content in any ACS area which, in our judgment, would be distasteful, shocking or threatening to another user. ACS Wireless reserves the right, in its sole discretion, to make the final determination about whether content is objectionable or not. A general guideline is to ask yourself if your communication is something that you would say in a room full of people that you have never met, or in the workplace.
Some examples of objectionable conduct and content that violate this Acceptable Use Policy include:
- Harassing, threatening, or embarrassing another ACS Customer.
- Stalking another ACS Customer ("cyber stalking").
- Transmitting or facilitating distribution of content that is harmful, abusive, violent, racially or ethnically offensive, lewd, vulgar or (in a reasonable person's view) objectionable.
- If you are an adult, requesting personal or other information from a minor (any person under the age of 18) who is not personally known to you, including, but not limited to, any of the following: full name or last name, home address, zip code, telephone number, picture, or the names of the minor's school, church, athletic team or friends.
- Posting or transmitting content that defames, abuses or threatens physical harm to others or yourself.
Section 6. System and Network Security
Violations of system and network security are prohibited, and may result in criminal and civil liability. ACS Wireless will investigate incidents involving such violations and will report any suspected criminal activity to, and cooperate with, all appropriate law enforcement agencies.
Examples of system and network security violations include the following:
- 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 authorization of the owner of the system or network.
- Unauthorized monitoring of data or traffic on any network or system without the express authorization of the owner of the system or network.
- Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
- Falsifying your user identity or providing other false information to ACS Wireless or to other users in connection with your use of your ACS Wireless Data account or any feature of that account.
- Posting viruses or software designed to create a virus or to do harm to ACS Wireless Data Services, any ACS Customers or users of ACS Services, or any network components.
- Taking any other action to disrupt the normal use of ACS Wireless Data Services or the Internet by other users.
- Use of software that allows your account to stay logged on while you are not actively using the account, except for those accounts specifically designed to provide these kinds of connections.
Section 7. Management of Resources.
To provide a good experience for the majority of our customers and minimize capacity issues and degradation in network performance, ACS Wireless is required to manage its wireless network. Therefore, ACS Wireless may manage its network by temporarily reducing data throughput for a subset of customers who use a disproportionately large amount of bandwidth. Acceptable data usage cannot exceed 5GB On-Net (on the Alaska Communications network) or 3GB Off-Net (not on Alaska Communications network), or otherwise exceed the limit of your data plan. (Please note: the acceptable data usage amounts are subject to change; please periodically check www.alaskacommunications.com for updates). If your data usage exceeds the acceptable usage amount stated above or your plan limit during a calendar month, ACS Wireless may reduce your data speed for the remainder of that calendar month, or suspend, terminate, or restrict your data session. ACS may also suspend, terminate, or restrict your data session, Plan, or service if you use your Data Plan in a manner that violates this policy, interferes with other customers’ service, our ability to allocate network capacity among customers, or in ways that otherwise may degrade service quality for other customers.
Section 8. Information, Files and Programs - Limitation of Liability
ACS Wireless Data Service may be used to access all manner of information, files and programs available on the Internet. When accessing such resources, ACS Wireless strongly recommends the use of common sense, and the use of an up-to-date, quality anti-virus program. While the risk of harm may be small, risk does exist. ACS Wireless cannot, and does not, attempt to guard Customers from any risk of harm associated with the use of information, files and/or programs retrieved.
ACS Wireless explicitly disclaims any responsibility for the accuracy or quality of information retrieved from the Internet, and further disclaims liability for any and all harm that might result from the use of any information, file or program retrieved from the Internet. Retrieval and/or use of any information, file or program from the Internet through the use of an ACS Wireless Data account is at your sole risk.
Section 9. Privacy; Monitoring the Services
ACS Wireless is under no obligation to monitor the services it provides. However, in the event that ACS Wireless elects to do so from time to time, ACS Wireless may disclose information regarding the account holder's use of ACS Wireless Data Services for any reason, as determined in its sole discretion in order to satisfy applicable laws, regulations, governmental requests, or in order to operate and deliver services in an effective manner, or to otherwise protect ACS Wireless and its Customers.
Section 10. Personal Information - Limitation of Liability
When using any on-line resource, whether email, newsgroups, web page postings, chat groups, on-line shopping, or other resources available on the Internet, ACS Wireless cautions account owners to use caution in divulging personal information of any kind. Such information might include credit card information, telephone and/or address information, or account names and passwords (in general, account owners should never give out account name and password information). ACS Wireless explicitly disclaims any and all liability for loss or other damage of any kind that is or might be incurred by you as a result of divulging personal information. All such information is divulged, if at all, at your sole discretion and risk.
Section 11. One Account, One Connection
You may use your ACS Wireless Data account to make only one connection at any given time, unless you have specifically purchased an account that is, in ACS Wireless’ sole opinion, suitable for multiple user applications. Multiple, simultaneous connections from an ACS Wireless Data account, except as noted, are prohibited. Any account found connected to two or more devices at the same time may be suspended immediately and an appropriate penalty imposed. Any data usage attributable to a party, other than the original subscriber, will be billed back to the original subscriber at $3 per MB on a retroactive basis.
Section 12. Interruption of Service.
From time to time, the Services offered by ACS Wireless may be interrupted. Interruptions of service may occur for any number of reasons. Interruptions to service due to planned maintenance will generally be announced in advance of the interruption. Use of an ACS Wireless Data account constitutes the account holder’s acknowledgment that both planned and unforeseen interruptions to service will occur from time to time. The account holder acknowledges and agrees that ACS Wireless shall not be liable for any harm or loss arising from an interruption of service, regardless of the nature and extent of the harm or loss. You further acknowledge and agree that responsibility for avoiding harm or loss arising from an interruption of service, regardless of the nature and extent of the harm or loss, is your responsibility and not the responsibility of ACS Wireless.
Section 13. Remedies Available to ACS Wireless.
ACS Wireless reserves the right to terminate your account or suspend ACS Wireless Data Services to you at any time, with or without cause, including in the event of any breach of this Policy, your infringement of ACS Wireless or others' Content, or any other circumstances that merit termination or suspension, in ACS Wireless’ sole discretion.
Section 14. General.
Your use of an ACS Wireless Data account constitutes your acknowledgement and agreement that ACS Wireless:
- Is not the manufacturer of equipment used to provide access to the Internet;
- Is not the developer of software used to access Internet resources, including software provided by ACS Wireless, if any;
- Is not the developer or provider of content available on the Internet.
ACS Wireless takes no responsibility for any such on-line distribution or publication by you. ACS Wireless does not review messages or content you may generate or post, and ACS Wireless is not responsible for what is contained in those messages or content.