Flash Wireless, LLC ("Flash Mobile") offers all of its services, including without limitation any website and wireless voice and data, for residential use only (collectively referred to herein as "Services") conditioned upon your agreement that you will not use the Services or conduct activities using the Services in a manner that may expose Flash Mobile and other persons or entities to claims of civil or criminal liability or other legal sanctions or may disrupt, degrade or otherwise impair the Services.
Flash Mobile has adopted this "Acceptable Use Policy" ("AUP") in an attempt to balance interference or risk of harm arising from the 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 any Flash Mobile account holder and/or user of the Services. "Flash Mobile", "we", "us", "our" and similar terms mean Flash Wireless, LLC and its affiliates doing business as Flash Mobile.
This AUP applies to any use of the Services. If you or anyone using the Services that are on your account violates the AUP, depending on the nature and severity of the violation, Flash Mobile may suspend, terminate or take other action regarding the Services, as provided herein and/or as provided in the Flash Mobile Terms & Conditions. You agree that a violation of this Acceptable Use Policy harms Flash Mobile, which cannot be fully redressed by money damages, and that Flash Mobile shall be entitled to immediate injunctive relief in addition to all other remedies available.
Flash Mobile 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 may not use the Services in a manner that infringes on intellectual property rights, or harms or unduly interferes with the use of Flash Mobile's or any other network or system or conduct activities that adversely affect the operations or reputation of Flash Mobile, our affiliates, employees, customers, carriers, and other business partners. Flash Mobile 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 a user engages in any of the prohibited voice or data uses detailed below, (ii) if a user engages in any use of the service that it inconsistent with ordinary use of the service (including without limitation use of the Service in excess of normal/typical customer use or patterns) as determined by Flash Mobile in its sole discretion; or (iii) if Flash Mobile, in its sole discretion, determines action is necessary to protect its or any other wireless network from harm or degradation. Flash Mobile may also, when it deems it appropriate, refer any inappropriate, fraudulent or unlawful use of the Services to law enforcement authorities for prosecution.
Flash Mobile voice Services are provided solely for live dialogue between, and initiated by, individuals for personal use and as otherwise described in this policy, the Flash Mobile 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; other connections that do not consist of live dialogue between individuals; for the sale of any type of calling card product or service, including but not limited to, any 'grab and go' or rechargeable product with a pin code that allows a user to purchase and/or refill minutes, access the internet or other features or services; using or attempting to use the Service for voice communications on a non-Flash Mobile branded SIM card, or in any manner that creates, or appears to create a new 'brand' of wireless service; utilizing a Flash Mobile SIM to make voice calls primarily over a Wi-Fi network, including without limitation, the use of any existing Flash Mobile add-on feature that allows Wi-Fi calling capability or to make voice calls primarily over a Wi-Fi network; or where more than 50% of a user's voice and/or data usage is off-net (i.e. connected to another provider's network) for any 2 billing cycles within any 12 month period.
Flash Mobile 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. Without limiting the generality of the foregoing, 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, the generation or dissemination of viruses, malware, or "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); (vii) as a repeater or signal booster, except as expressly permitted by Flash Mobile; (viii) for machine-to-machine based remote monitoring to provide life-sustaining medical care for any individual, including without limitation, in health care and assisted living environments; (ix) for monitoring third-parties without their permission, including but not limited to, prisoner and parolee monitoring; or (x) 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.
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 section is an explanation of Flash Mobile's existing policy concerning unlimited data and is not in limitation of any other prohibited use or other restriction in this AUP or the Flash Mobile Terms and Conditions. Flash reserves the right to reduce data speed for customers exceeding the applicable High Speed Limit (please see below for the High Speed Limit that applies to your plan). Data speed reduction may severely impair your ability to use services or programs requiring data access, including everyday applications. Flash Mobile will also slow cellular data usage under unlimited plans when Flash Mobile determines that data use is severely inconsistent with ordinary use of the service, or otherwise violates Flash Mobile's Acceptable Use Policy. Any reduced data speed will continue for the remainder of your monthly billing cycle. Flash Mobile reserves the right to modify data use thresholds (including the applicable High Speed Limit) and speed level reductions in its sole discretion from time to time without notice based on its determination of changes in what constitutes ordinary use, customer patterns, or other relevant factors. Flash Mobile may determine, in its sole discretion, what is inappropriate usage of Services provided pursuant to this AUP. Should this occur, you may be informed in writing, via email or otherwise, but Flash Mobile reserves the right to make this determination without notice to you. If Flash determines, in 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 ordinary use of the service, Flash will notify you of your violations and 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.
Plans featuring unlimited data will allow high speed data access (up to 5G speeds with compatible network and device) only up to 50GB (Unlimited Plan) or 75GB (Unlimited Elite Plan) of high speed data per monthly billing cycle (your applicable "High Speed Limit"). After your High Speed Limit is reached, you will experience slower data speeds up to 128 kbps for the remainder of the applicable billing cycle. During network congestion, our network provider may prioritize heavy data users lower than other customers. Customers whose data is prioritized lower may notice speeds lower than customers with higher priority in times and locations where there are competing customer demands for network resources.
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 Mobile 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 Mobile reserves the right to restrict any actions alleged to violate the intellectual property rights of another party.
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.
Hot Spot is a feature that is available on certain rate plans. 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 Mobile Terms and Conditions apply to Hot Spot. In addition, Flash Mobile 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 Mobile Terms & Conditions and this AUP will continue to apply.
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 Mobile may, but is not obligated to, investigate any violation of any such network. Flash Mobile may cooperate with law enforcement where criminal or unauthorized activity is suspected. By using Flash Mobile 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, without limitation:
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 Mobile's rights under the Flash Mobile Terms and Conditions, Flash Mobile 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 Mobile or the owners of related networks or systems to sanctions, prosecution, civil action, or other liability; (2) cause harm to or interfere with the integrity or normal operations of any network or systems relating to the Services or otherwise; (3) interfere with another Flash Mobile 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 Mobile has the right, but not the obligation, to monitor or restrict any uses of the Services that Flash Mobile 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 or system 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 and end-users; or (4) protecting users, carriers, and providers of other services, networks, and systems from fraudulent, abusive, or unlawful use of or subscription to such services, networks, and systems. INDIRECT OR ATTEMPTED BREACHES OF THIS POLICY AND ACTUAL OR ATTEMPTED BREACHES BY A THIRD PARTY ON BEHALF OF OR THROUGH 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 AUP 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 AUP. Flash Mobile may assign its rights and duties under these terms to any party at any time without notice to you. If any provision of this AUP 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 any use and abuse of Services under 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 a Flash Mobile customer or user should be directed to the legal notice or mailing address listed below. Where possible, include details that would assist Flash Mobile in investigating and resolving the complaint (i.e. expanded headers and a copy of the offending transmission).
Mail: 1000 Progress Place, Concord, NC 28025-2449
Revisions to this AUP
Flash Mobile may modify this AUP at any time, effective when posted to Flash Mobile's website.