Scope. Customer and all persons and entities, including Customer’s end-users, employees, agents, representatives, affiliates and third-party contractors, accessing the Services must comply with this Acceptable Use Policy (“AUP”). By using the Services, Customer acknowledges and agrees to ensure compliance with this AUP. MBT may modify this AUP at any time upon notice to Customer by posting the most current AUP to MBT’s website.
Restrictions on Use. Customer shall comply with the AUP and not permit the Services to be used in or for any illegal, fraudulent, unauthorized or improper manner or purpose. Customer shall ensure that the Services will only be used in compliance with all applicable state, federal, and international laws, rules and regulations, all Internet, data, telecommunications, telemarketing, “spam”, and import/export laws and regulations, including, without limitation, the U.S. Export Administration Regulations and the Telephone Consumer Protection Act of 1991 (“TCPA”). Without limiting the foregoing, Customer agrees to not permit the Services to be used to transmit or disseminate any:
- junk mail, spam, or unsolicited material to persons or entities that have not agreed to receive such material or to whom Customer or its end-users do not otherwise have a legal right to send such material;
- material that infringes or violates any third party’s intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service provider or any of its customers or subscribers;
- material or data, that is illegal, or material or data, as determined by MBT (in MBT’s sole discretion), that is harassing, coercive, defamatory, libelous, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm the reputation or business of MBT or any third-party service provider involved in the provision of the Services;
- material or data that is alcoholic beverage-related (e.g., beer, wine, or liquor), tobacco-related (e.g., cigarettes, cigars, pipes, chewing tobacco), guns or weapons-related (e.g., firearms, bullets), illegal drugs-related (e.g., marijuana, cocaine), pornographic-related (e.g., adult themes, sexual content), crime-related (e.g., organized crime, notorious characters), violence-related (e.g., violent games), death-related (e.g., funeral homes, mortuaries), hate-related (e.g. racist organizations), gambling-related (e.g., casinos, lotteries), or that specifically mentions any wireless carrier or copies or parodies the products or Services of any wireless carrier;
- viruses, Trojan horses, worms, time bombs, cancelbots, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information;
- material or information that is false, misleading, or inaccurate;
- material that would expose MBT, any third-party service provider involved in providing the Services, or any other party or third party to liability; and/or
- any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to the equipment or facilities of MBT or any third party.
Customer shall not access any carrier services that Customer has not ordered or for which Customer has not paid applicable charges. Customer will not use or attempt to use a third party’s account with MBT, or interfere with the security of, or otherwise abuse, the Services or other MBT customers. Customer shall not interfere in any manner with MBT’s provision of the Services.
Notice. The customer is solely responsible for any and all activities that occur on its Services account. Customer agrees to immediately notify MBT of any unauthorized use of the Services or any other breach of security known to Customer and shall cooperate with MBT in investigations and other actions taken for suspected or known violations of the AUP, including any incidents of spam by Customer or any end-user.
CUSTOMER AGREES TO INDEMNIFY, DEFEND, RELEASE AND HOLD HARMLESS MBT AND ITS AFFILIATES AND EACH OF THEIR OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES FROM ANY CLAIM, DEMAND, LIABILITY, FINE, FEE, PENALTY, SANCTION, LOSS, OR INJURY TO PERSON (INCLUDING DEATH) OR PROPERTY RELATED TO OR IN ANY WAY RESULTING FROM VIOLATION OF THIS AUP.