Acceptable Use Policy & Agreements - November 2009
USA Mobility, Inc. and its operating subsidiaries ("USA Mobility") have published this Acceptable Use Policy ("Policy") in an effort to provide high quality, reliable service; protect the privacy and security of its customers, systems, and network; encourage responsible use of USA Mobility's resources; and comply with applicable laws.
This Policy applies to all USA Mobility customers, users of paging services ("Services") offered by USA Mobility, and those who access USA Mobility's paging network ("Network"), hereinafter referred to as "you." Services include but are not limited to one-way and two-way paging and text messaging. This Policy governs when and under what circumstances USA Mobility may suspend or terminate your use of the Services and access to USA Mobility's Network. By using our Services or accessing our Network, you consent to the acceptable use practices described in this Policy, as modified from time to time by us.
This Policy supplements, but does not supersede, the contract that customers have with USA Mobility or one of its operating subsidiaries; if such a contract restricts a use of the Network that is not addressed in this Policy, the contract will govern with respect to such use. USA Mobility users and subscribers may use the Services only in a manner consistent with all applicable local, state and federal laws and regulations, and in accordance with their customer contract and the acceptable use practices set forth below.
Wireless messaging services are not secure methods of transmission, and Company cannot and does not guarantee against improper actions of third parties that interfere with the privacy of messages or the integrity of the Services.
USA Mobility's Network may not be used to transmit any material that violates any applicable local, state, national, or international law, or any rules or regulations promulgated there under. A subscriber may not, through action or inaction, allow others to use the Network in a manner that violates law or any applicable rules or regulations. Such violations may result in criminal and civil liability. USA Mobility may investigate incidents involving such violations and may involve and/or cooperate with law enforcement if a criminal violation is suspected.
USA Mobility's Network may not be used for any activity that adversely affects the ability of other people or systems to use the Network. Such prohibited activities include, but are not limited to, the following acts and practices:
Sending multiple messages in a short time period and excessive overall messaging can interfere or overload the Network. USA Mobility reserves the right to take action against any user that uses the network excessively with utilization charges and or termination of service. Use in excess of the following thresholds is a violation of this Policy (including for service plans that allow for an unlimited number of messages or characters (“Unlimited Use Plans”)
Maximum Messages Allowed per Time Frame
Messages Per Day
Auto-Appended Message Content
Auto-Appended Disclaimers and Notices. Disclaimers, confidentiality and other notices that are automatically added to the text of messages sent via the USA Mobility paging network can interfere with the use of the network.
Unlimited Use Plans and Excessive Use of Network
Unlimited Use Plans are defined as a plan with a maximum of 5,000 one-way messages per month and 250,000 two-way characters per month. Messages over the 5,000 maximum will be billed at a rate of $0.25 per message and characters in excess of 250,000 will be billed at a rate of $0.0005
Unless otherwise expressly agreed to by USA Mobility in writing, messaging services, including those under Unlimited Use Plans cannot be used for:
Uploading, downloading or streaming of movies, music or games.
With server devices or with hosted computer applications, including but not limited to, automatic data feeds, automated machine-to-machine connections, machine generated messages, or peer-to-peer (P2P)
As a substitute or backup for dedicated data connections.
"Denial of Service"
Denial of Service (DoS) attacks against USA Mobility, another network host, or an individual user.
Intentional interference with or disruption of other network users, network hosts, or network equipment, including, without limitation, flooding techniques, deliberate attempts to overload a system, or broadcast attacks.
Interception and Unauthorized Monitoring
Interception or unauthorized monitoring of any data or traffic on any network or system without the express authorization of USA Mobility.
Modification to Transmission
The installation of amplifiers, enhancers, repeaters, or other devices that modify, disrupt, or interfere in any way with the radio frequencies licensed to USA Mobility to provide the Services is prohibited.
USA Mobility's Network may not be used to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of USA Mobility or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data.
Collection of Personal Data
Using the Network to collect, or attempt to collect, personal information about third parties (including e-mail addresses) without their knowledge or consent is prohibited.
Reselling the Services (including under Unlimited Use Plans) without USA Mobility's authorization is prohibited.
Content Harmful or Offensive to Others
USA Mobility's Network may not be used to transmit any material that is unlawful, libelous, defamatory, slanderous, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, and invasive of privacy or publicity rights, abusive, inflammatory, or otherwise harmful or offensive to others. Using the Network to harm, or attempt to harm minors in any way is prohibited. USA Mobility's Network may not be used to transmit materials of a threatening nature, including death threats or threats of physical harm. Material that threatens or encourages destruction of property is expressly prohibited.
Unsolicited Commercial Messages/ Unsolicited Bulk Messages
Using the Network to transmit any unsolicited commercial message or unsolicited bulk messages is prohibited. Activities that have the effect of facilitating unsolicited commercial messages or unsolicited bulk messages are prohibited. As used in this paragraph, an "unsolicited commercial message" means any electronic mail or text message that promotes a commercial product or service and is sent without the express prior authorization of the recipient. Messages that have the primary purpose of facilitating, completing, confirming, providing, or requesting information about a commercial transaction that the recipient previously agreed to enter into with the sender is not an "unsolicited commercial message." USA Mobility has registered its wireless domain names (including archwireless.net and my2way.com) with the Federal Communications Commission's ("FCC") wireless domain name registry. The transmission of mobile service commercial messages to such domains without the express prior authorization of the subscriber is prohibited under federal law and this Policy.
USA Mobility's Network may not be used to transmit deceptive or misleading content, such as letters relating to pyramid schemes, or communications offering or disseminating fraudulent goods, services, schemes, or promotion.
Copyright, Trademark, and Patent Infringement
Using the Network to transmit any material that is protected by copyright, trademark, patent, trade secret, or other intellectual property rights of any third party, unless the sender has received all necessary consents to do the same, is prohibited.
Deceptive and Misleading Usernames/Headers
Adding, removing, or modifying identifying Network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited.
Responsibility for Content
USA Mobility takes no responsibility and assumes no liability for any content uploaded, transmitted, or downloaded by you or any third party, or for any mistakes, defamation, slander, libel, omission, falsehoods, obscenity, pornography, or profanity you may encounter. You agree to indemnify and hold USA Mobility harmless from any claim, action, demand, loss, or damage (including attorneys' fees) made or incurred by any third party arising out of or relating to your violation of this Policy.
Access to Transactional Information and Content
USA Mobility may access, use, and disclose transaction information about your use of our Services, and any content transmitted to or by you via the Services or through the Services, to the extent permitted by law, in order to comply with the law (e.g., if necessary to respond to civil or criminal subpoenas); to enforce or apply our customer agreements; to initiate, render, bill and collect for our Services; to protect our rights or property; or to protect users of our Services from fraudulent, abusive, or unlawful use of, or subscription to, our Services.
If your customer agreement with USA Mobility provides that USA Mobility may disclose to you records or other information, such as historical text paging content, regarding a paging device under your account, or if USA Mobility otherwise discloses such information to you upon your request and consent, you agree to indemnify and hold USA Mobility harmless from any claim, action, demand, loss, or damage (including attorneys' fees) made or incurred by any third party arising out of or relating to such disclosure. To the extent that you, as a customer of USA Mobility, request such transactional information and content from USA Mobility, you warrant to USA Mobility that you have notified your employees or other users of the Service for whom you have subscribed that their messages may be monitored, recorded, transcribed, and disclosed without their prior knowledge or consent, and that these users understand that they will not have any legal rights or remedies against USA Mobility with respect to such actions taken at your request.
USA Mobility, in its sole discretion, may take any one or more of the following actions in response to violations of this Policy: Issue written or verbal warnings, suspend the subscriber's account, terminate the subscriber's account, bill the subscriber for administrative costs and/or reactivation charges, block message input from a violating source or to a device, bring legal action to enjoin violations and/or to collect damages, if any, caused by violations. Indirect or attempted violations of this policy or any related policy, guideline, or agreement. Actual or attempted violations by a third party on your behalf shall be considered violations of this policy by you.
The failure of USA Mobility to enforce this Policy, for whatever reason, shall not be construed as a waiver of any right to do so at any time. If any portion of this Policy is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect.
Changes to this Policy
USA Mobility reserves the right to make changes to this Policy at any time if our practices change, as technology changes, or as we add new services or change existing ones. You should refer back to this page periodically for the latest information.