Gigs End User Service Agreement
Appendix 1 - Gigs Acceptable Use Policy
1. Overview
This Acceptable Use Policy (“Policy”) is part of your End User Service Agreement (“Agreement”), and governs your use of the Service provided to you by the Gigs Entity applicable to your service area (“Gigs,” “we,” or “us”). Capitalized terms not defined herein shall have the meanings ascribed to them in your Agreement. All End Users must comply with this Policy to ensure lawful, secure, and responsible use of Gigs’s Services. Gigs further reserves the right to modify or update this Policy, at any time and in its sole discretion, as set forth in your Agreement.
2. Acceptable Use
Permissible Uses. You may use our Services for traditional and lawful purposes, and otherwise in accordance with any other limitations in your Service Plan. Examples of permissible uses include: (i) personal voice calls of a duration comparable to and/or not materially in excess of the average End User using a similar Service Plan; (ii) web browsing, email, messaging, app usage, gaming, social media, content streaming, and similar uses of mobile data comparable to and/or not materially in excess of the average End User using a similar Service Plan.
Prohibited Uses. The following are non-exhaustive examples of prohibited uses of our Services. It is a violation of your Agreement and this Policy to engage in any of the following conduct:
Illegal or Unlawful Activities. You may not use the Services for any illegal, unlawful, or harmful purposes including, without limitation, to engage in harassment, threats, abuse, inciting violence, defamation, libel, slander, fraud, deception, identity theft, phishing or pharming attacks, or any other conduct that violates laws.
Inappropriate Content. You may not use the Services to send or promote content that is unlawful, fraudulent, or otherwise harmful, or that contains any malware, viruses, worms, Trojan horses, or other malicious code or software. Additionally, you may not use the Services to view, store, promote, send, disseminate, or transmit images containing child pornography or in a manner that is obscene, indecent, sexually explicit, inflammatory, or which espouses, promotes or incites cruelty, bigotry, hatred or racism, or is otherwise objectionable. You may not use the Services to send uninvited communications, data, information, or engage in similar activities such as by sending spam, mass automated communications, intrusive advertising, or other abusive unsolicited content.
Infringement. You may not use the Services to violate Gigs’s or anyone else’s rights including intellectual property rights (such as copyrights, trademarks, patents, trade secrets), or rights to privacy or publicity.
Services, Service Plan, or Network Abuse. You may not use the Services in any way that harms or abuses the Services, your Service Plan, or network security or integrity generally or any other End User’s access to or use of the same including, for example, by using excessive or abnormal amounts of data or by causing disproportionate contributions to network congestion (e.g., excessive roaming, hotspot use, uploads, downloads, streaming, or any other form of automated or continuous data usage); engaging in any form of denial of service attacks, hacking, unauthorized access to or interference with networks, servers, or other infrastructure; intercepting or interfering with any third party transmissions; or misusing Devices such as by modifying devices beyond manufacturer settings, jailbreaking, or using SIM cards in non-compatible devices. You may not use the Services in excess or violation of your Service Plan, to resell any aspect thereof (e.g., minutes, data) to any third party, or otherwise employ methods, devices, or procedures to take advantage of your Service Plan through excessive use or for means not intended by Gigs. Your use of the Services is for personal use, and you may not use it for commercial purposes such as telemarketing, autodialing, public hotspots, tethering, hosting services, or allowing your Device to connect to never-ending call or data use sessions.
3. Compliance & Enforcement
Gigs reserves the right, but is not required, to monitor your compliance with this Policy. Determinations about compliance with this Policy are made in Gigs’s sole discretion. Without limitation to any other terms of this Policy or your Agreement, Gigs reserves the right to immediately and without notice deny, restrict, suspend, or terminate the Service for violations of this Policy by you or anyone else you allow to use the Services. Gigs’s failure to enforce this Policy or any portion thereof will not be construed as a waiver of its right to do so at any time.