Blueskies Communications

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  1. Permissible and Prohibited Uses.  Your data plan (“Data Plan“) is intended for Web browsing, messaging, and similar activities on your device and not on any other equipment. Unless explicitly permitted by your Data Plan, other uses, including for example, tethering your device to a personal computer or other hardware, are not permitted.  Examples of prohibited uses include but are not limited to: (a) 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; (b) as a substitute or backup for private lines or dedicated data connections; (c) any activity that adversely affects the ability of other users or systems to use either Underlying Carrier’s services or the network-based resources of others, including the generation or dissemination of viruses, malware or “denial of service” attacks; (d) accessing, or attempting to access without authority, the information, accounts or devices of others, or to penetrate, or attempt to penetrate, Underlying Carrier’s or another entity’s network or systems; or (e) 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 or supervisory control and data acquisition devices; or (f) results in unusually or unreasonably high usage in any period consistent with abuse and/or fraud.
  2. Protective Measures.  To provide a good experience for the majority of our customers and minimize capacity issues and degradation in network performance, we may take measures including temporarily reducing data throughput for a subset of customers who use a disproportionate amount of bandwidth; if your total usage exceeds 10 GB (amount is subject to change) during a billing cycle, we may reduce your data speed for the remainder of that billing cycle. We may also suspend, terminate, or restrict your data session, plan, or service if you use your Data Plan in a manner that interferes with other customers’ service, our ability to allocate network capacity among customers, or that otherwise may degrade service quality for other customers.
  3. Downloadable Content and Applications.  You can purchase content and applications (e.g., downloadable or networked applications, wallpapers, ringtones, games, and productivity tools) (“Content & Apps“) for and with your compatible dev Underlying Carrier does not sell some Content & Apps that you can purchase with your device; for these Content & Apps, you can identify the third party seller at the point of purchase. For these third party purchases, although the charges will appear on your Underlying Carrier bill, Underlying Carrier is not responsible for the Content & Apps, including download, installation, use, transmission failure, interruption, or delay, or any content or website you may be able to access through any application. Any support questions related to these Content & Apps should be directed to the third-party seller identified at the point of purchase. When you use, download or install Content & Apps sold by a third-party seller, you may be subject to license terms between you and the third party seller and application developer or content owner. When you use, download, or install Content & Apps that you purchase from Underlying Carrier, the Content & Apps are licensed to you by Underlying Carrier and may be subject to additional license terms between you and the creator or owner of the Content & Apps. Whether purchased from Underlying Carrier or a third-party seller, any Content & Apps you purchase are licensed for personal, lawful, non-commercial use on your device only. You may not transfer, copy, or reverse engineer any of the Content & Apps, or alter, disable or circumvent any digital rights management security features embedded in the Content & Apps.
  4. Misuse of Service or Device.  You agree not to misuse the service or any device, including: (a) reselling or rebilling our service (except as expressly authorized by Underlying Carrier); (b) using the service or device to engage in unlawful activity, or engaging in conduct that adversely affects our customers, employees, business, or any other person(s), or that interferes with our operations, network, reputation, or ability to provide quality service; (c) tampering with or modifying your device; (d) “spamming” or engaging in other abusive or unsolicited communications; (e) reselling Underlying Carrier devices for profit, or tampering with, reprogramming or altering a Device for the purpose of reselling the device; or (f) assisting or facilitating anyone else in any of the above activities.  You agree that you won’t install, deploy, or use any regeneration equipment or similar mechanism (for example, a repeater) to originate, amplify, enhance, retransmit or regenerate a transmitted Radio Frequency (“RF”) signal.