While most common uses for Internet browsing and email are permitted by your Data Services, there are certain uses that cause extreme network capacity issues and interference with the network and are therefore prohibited. Examples of prohibited uses include, without limitation, the following: (i) server devices or host computer applications, including, but not limited to, Web camera posts or broadcasts, automatic data feeds, automated machine‐to‐machine connections or peer‐to‐ peer (P2P) file sharing; (ii) as a substitute or backup for private lines, landlines or full‐time or dedicated data connections; (iii) "auto‐responders," "cancel‐bots," or similar automated or manual routines which generate excessive amounts of net traffic, or which disrupt net user groups or email use by others; (iv) "spam" or unsolicited commercial or bulk email (or activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email); (v) any activity that adversely affects the ability of other people or systems to use either AT&T's wireless services or other parties' Internet‐based resources, including "denial of service" (DoS) attacks against another network host or individual user; (vi) accessing, or attempting to access without authority, the accounts of others, or to penetrate, or attempt to penetrate, security measures of AT&T's wireless network or another entity's network or systems; (vii) software or other devices that maintain continuous active Internet connections when a computer's connection would otherwise be idle or any "keep alive" functions, unless they adhere to AT&T's data retry requirements, which may be changed from time to time. This means, by way of example only, that checking email, surfing the Internet, downloading legally acquired songs, is permitted, but downloading movies using P2P file sharing services, redirecting television signals for viewing on Personal Computers, web broadcasting, and/or for the operation of servers, telemetry devices and/or Supervisory Control and Data Acquisition devices is prohibited. Furthermore, Plans (unless specifically designated for tethering usage) cannot be used for any applications that tether the Device (through use of, including without limitation, connection kits, other phone/smartphone to computer accessories, BLUETOOTH® or any other wireless technology) to Personal Computers (including without limitation, laptops), or other equipment for any purpose. Accordingly, AT&T reserves the right to (i) deny, disconnect, modify and/or terminate your Plan and
Data Services, without notice, to anyone it believes is using the Data Services in any manner prohibited or whose usage adversely impacts its wireless network or service levels or hinders access to its wireless network, including without limitation, after a significant period of inactivity or after sessions of excessive usage and (ii) otherwise protect its wireless network from harm, compromised capacity or degradation in performance, which may impact legitimate data flows. You may not send solicitations to AT&T's wireless subscribers without their consent. You may not use the Plan or Data Services other than as intended by AT&T and applicable law. Plans and Sim card are for individual, non‐commercial use only and are not for resale. AT&T may, but is not required to, monitor your compliance, or the compliance of other subscribers, with AT&T's terms, conditions, or policies.
2.3 Can AT&T Change My Terms And Rates?
We may change any terms, conditions, rates, fees, expenses, or charges regarding your Plan, our Data Services, and this Agreement at any time. We will provide you with notice of such changes (other than changes to governmental fees, proportional charges for governmental mandates, or administrative charges) in an email message. You agree to provide us your email address and to notify us if you make any changes to your email address, so we can notify you of such changes. You understand and agree that State and Federal Universal Service Fees and other governmentally imposed fees, whether or not assessed directly upon you, may be increased based upon the government's or our calculations.
2.6 How does AT&T Calculate Data Usage?
DATA TRANSPORT IS CALCULATED IN FULL‐KILOBYTE INCREMENTS, AND ACTUAL TRANSPORT IS ROUNDED UP TO THE NEXT FULL‐KILOBYTE INCREMENT. AT&T CALCULATES A FULL KILOBYTE OF DATA TRANSPORT FOR EVERY FRACTION OF THE LAST KILOBYTE OF DATA TRANSPORT USED ON EACH DATA SESSION. THE FULL KBs CALCULATED FOR EACH DATA SESSION AS WELL AS THE KBS YOU ARE USING ARE TOTALED DURING THE BILLING PERIOD UNTIL YOU REACH YOUR ALLOTED MBs or GBs, AT WHICH POINT YOUR ACCESS TO DATA SERVICES WILL CEASE. DATA SENT AND RECEIVED INCLUDES, BUT IS NOT LIMITED TO DOWNLOADS, EMAIL, OVERHEAD AND SOFTWARE UPDATE CHECKS. DOMESTIC PLAN PRICES AND INCLUDED USE APPLY TO ACCESS AND USE ON AT&T'S WIRELESS NETWORK AND FOR DOMESTIC IPAD PLANS AT&T’S AFFILIATED ROAMING CARRIERS’ WIRELESS NETWORKS WITHIN THE UNITED STATES AND ITS TERRITORIES (PUERTO RICO AND THE U.S. VIRGIN ISLANDS), EXCLUDING AREAS WITHIN THE GULF OF MEXICO. NETWORK OVERHEAD, SOFTWARE UPDATE REQUESTS, AND RESEND REQUESTS CAN INCREASE MEASURED KILOBYTES. PRICES DO NOT INCLUDE TAXES, DIRECTORY
ASSISTANCE, ROAMING, UNIVERSAL SERVICES FEES OR OTHER EXACTIONS AND ARE SUBJECT TO CHANGE. NETWORK ACCESS REQUIRES A COMPATIBLE, ELIGIBLE 3G DEVICE.
3.2 Arbitration Agreement (1) AT&T and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
• claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
• claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising);
• claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
• claims that may arise after the termination of this Agreement.
References to "AT&T," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or Devices under this or prior Agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Agreement, you and AT&T are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.
4.4 Am I Responsible If Someone Makes a Purchase with My Device?
Except as otherwise provided in this Agreement, if your Device is used by others to make purchases using AT&T’s Data Services, you are responsible for all such purchases. You’re giving those other users your authority to:
1) Make purchases from your Device using AT&T’s Data Services. 2) Give consent required for those purchases, including the consent to use that user's location information to deliver customized information to that user's Device; or 3) Make any representation required for those purchases, including a representation of the user's age, if requested.
Notwithstanding the foregoing, if your Data Services are interrupted for 24 or more continuous hours by a cause within our control, we will issue you, upon request, one 24 hour day of free Data Services for
each 24 hour period the Data Services are interrupted. Our liability to you for service failures is limited solely to the compensatory service outage credit set forth above.
5.3 Who Is Responsible For Security?
AT&T DOES NOT GUARANTEE SECURITY. Data encryption is available with some, but not all, Data Services sold by AT&T.
6.4. Assignment:
AT&T may assign this Agreement, but you may not assign this Agreement without our prior written consent.
Good citizens that they are.
