Terms of Service

Updated March 16, 2018

IMPORTANT NOTICE: BITHAULERS may revise this Acceptable Use Policy without notice. BITHAULERS' members and users of BITHAULERS' services are recommended to consult this page regularly to ensure that their usage and activities conform to the most recent version of BITHAULERS' acceptable use policy. In the event of a conflict between any agreement and this policy, the terms of this policy will govern.

BITHAULERS provides memberships for Internet Services that allow its members to connect to the Internet through a high-speed cellular internet access connection. The membership services use resources that are shared with many other customers and each user benefits by being able to share these resources. However, as with any resource, the benefits provided must be balanced with duties and responsibilities so that all users can rely on them for a productive experience. Use of the membership services therefore is subject to the rules and guidelines set forth below. Each member of BITHAULERS' service is responsible for ensuring that the use of all Services provided to such member complies with this Acceptable Use Policy (the “Policy”). ANY USER WHO DOES NOT AGREE TO BE BOUND BY THESE TERMS SHOULD IMMEDIATELY STOP USE OF THE MEMBERSHIP SERVICES AND NOTIFY BITHAULERS' SO THAT THE USER’S ACCOUNT MAY BE CLOSED.

  1. PROHIBITED USES AND ACTIVITIES. The Policy prohibits uses and activities involving the Membership Service that are illegal, infringe the rights of others, interfere with or diminish the use and enjoyment of the Membership Service by others, or impede BITHAULERS from providing the Membership Service or operating its business. These prohibited uses and activities include, but are not limited to, using the Membership Services, equipment purchased through BITHAULERS, or customer-provided equipment, either individually or in combination with one another, to:

CONDUCT INFORMATION AND RESTRICTIONS

  • undertake or accomplish any unlawful purpose;
  • upload, download, post, store, send, transmit, or disseminate any information or material which is harassing, threatening, or intimidating;
  • upload, download, post, publish, transmit, reproduce, or in any other way infringe copyrights of third parties;
  • transmit unsolicited bulk or commercial messages commonly known as “spam;”
  • collect responses from unsolicited bulk messages;
  • send very large numbers of copies of the same or substantially similar messages, empty messages, or messages which contain no substantive content, or send very large messages or files that disrupts a server, account, newsgroup, or chat service;
  • collect very large numbers of e-mail addresses, screen names, or other identifiers of others (without their prior consent), a practice sometimes known as spidering or harvesting, or participate in the use of software (including “spyware”) designed to facilitate this activity;
  • falsify, alter, or remove message headers with an intent to deceive;
  • falsify references to BITHAULERS, the Cellular Service Provider, the network, by name or other identifier, in messages;
  • impersonate any person or entity, engage in sender address falsification, forge anyone else’s digital or manual signature, or perform any other similar fraudulent activity (for example, “phishing”);
  • violate the rules, regulations, or policies applicable to any network, server, computer database, or Web site that you access;

TECHNICAL RESTRICTIONS

  • access any other person’s computer or computer system, network, software, or data without his or her knowledge and consent; breach the security of another user or system; or attempt to circumvent the user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other hosts, networks, or accounts without express permission to do so;
  • use or distribute tools or devices designed or used for compromising security, such as password guessing programs, decoders, password gatherers, unauthorized keystroke loggers, analyzers, cracking tools, packet sniffers, encryption circumvention devices, or Trojan Horse programs. Unauthorized port scanning is strictly prohibited;
  • distribute programs that make unauthorized changes to software (cracks);
  • use or run dedicated, stand-alone equipment or servers from the Premises that provide network content or any other services to anyone outside of your Premises local area network (“Premises LAN”), also commonly referred to as public services or servers. Examples of prohibited equipment and servers include, but are not limited to, e-mail, Web hosting, file sharing, and proxy services and servers;
  • use or run programs from the Premises that provide network content or any other services to anyone outside of your Premises LAN;
  • service, alter, modify, or tamper with Equipment or Service or permit any other person to do the same who is not authorized by BITHAULERS;

NETWORK AND USAGE RESTRICTIONS

  • restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the Membership Service, including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others’ ability to use, send, or retrieve information;
  • restrict, inhibit, interfere with, or otherwise disrupt or cause a performance degradation, regardless of intent, purpose or knowledge, to the Membership Service or any BITHAULERS or Cellular Service Provider host, server, backbone network, node or service, or otherwise cause a performance degradation to any BITHAULERS (or Cellular Service Provider) facilities used to deliver the Service;
  • interfere with computer networking or telecommunications service to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abusing operator privileges, and attempts to “crash” a host;
  • access and use the Membership Service with anything other than a dynamic Internet Protocol (“IP”) address that adheres to the dynamic host configuration protocol (“DHCP”). You may not configure the Service or any related equipment to access or use a static IP address or use any protocol other than DHCP unless you are subject to a membership plan that expressly permits you to do so;
  • engage in Excessive Use, as defined below.

II. CUSTOMER CONDUCT AND FEATURES OF THE SERVICE

USER OBLIGATIONS. The user is responsible for any misuse of the Membership Services, even if the inappropriate activity was committed by a friend, family member, guest, employee or customer with access to the user’s account. Steps should be taken into account to ensure that others do not gain unauthorized access to the Services and ensure that end users do not engage in any of the “Prohibited Uses and Activities” identified above.

You are solely responsible for the security of any device you choose to connect to the Services, including any data stored on that device. In particular, BITHAULERS recommends against enabling file or printer sharing of any sort. BITHAULERS recommends that any files or services that are made available for remote access by the user be protected with a strong password, personal firewall, or other appropriate measures.

INAPPROPRIATE CONTENT AND TRANSMISSIONS.  There may be content on the Internet or otherwise available through the Services which may be deemed offensive, or which may not comply with federal, state and local laws, regulations and other rules. For example, it is possible to obtain access to content which is harassing, threatening, intimidating, pornographic or offensive, particularly to children. BITHAULERS does not assume any responsibility for the content contained on the Internet or otherwise available through the Services. You must assume the risk of accessing content through the Service and BITHAULERS shall not have any liability for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to access to such content. Parents may want to use a program capable of restricting access to sexually explicit material on the Internet. Content questions or complaints should be addressed to the content provider. Users are solely responsible for any information which they publish on the web or other Internet services. The user must ensure that the recipient of the content is appropriate. For example, you must take appropriate precautions to prevent minors from receiving inappropriate content. BITHAULERS reserves the right to refuse to post or to remove any information or materials, in whole or in part, that is, in its sole discretion, deems to be offensive, indecent, or otherwise inappropriate regardless of whether such material or its dissemination is unlawful. BITHAULERS does not have any obligation to monitor transmissions made on the Services. However, BITHAULERS does have the right to monitor such transmissions from time to time and to disclose the same in accordance with your subscriber agreement. By using the Services to reproduce, publish, display, transmit and distribute content, a user is warranting that the content complies with this Policy and authorizing BITHAULERS to reproduce, publish, display, transmit and distribute such content as necessary for BITHAULERS to deliver the content in a timely manner.

CONTENT USAGE AND DELIVERY.  Each user is responsible for the contents of his or her social media, instant, video, and audio messages  and the consequences of any user’s content. BITHAULERS assumes no responsibility for the timeliness, misdelivery or deletion of, or any failure to store, media or content.

III. NETWORK MANAGEMENT AND LIMITATIONS ON BANDWIDTH CONSUMPTION

The cellular network is designed for typical usage by a typical computer user. Computer activity resulting in excessive or sustained bandwidth consumption may burden the network and such usage may be restricted. Bandwidth on the network is a limited, shared resource among members and cellular service subscribers. Because we seek to provide the Membership Service at a reasonable cost to the largest number of users, the use of our network is subject to usage limitations. Users therefore must comply with the current bandwidth, data throughput, and other limitations on the Service, including the excessive use guidelines described below. Users must ensure their activity does not improperly restrict, inhibit, or degrade any other user’s use of the Service, nor represent (in the sole but reasonable judgment of BITHAULERS) an unusually large burden on the network itself. In addition, users must ensure that their activity does not improperly restrict, inhibit, disrupt, degrade or impede BITHAULERS' ability to deliver the Service and monitor the Services, backbone, network nodes, and/or other network services.

NETWORK MANAGEMENT.  BITHAULERS and Cellular Service Providers strive to provide customers the best experience when using their network, a shared resource among hundreds of thousands of customers.

BITHAULERS and Cellular Service Providers may use tools and techniques to manage their network, deliver the Service, and ensure compliance with this Policy and the Terms of Service Agreement. These tools and techniques are dynamic, like the network and its usage, and can and do change frequently. Network management activities may include, but are not limited to: (i) identifying spam and preventing its delivery to customer e-mail accounts, (ii) detecting malicious Internet traffic and preventing the distribution of viruses or other harmful code or content, (iii) de-prioritizing speeds during periods of extended congestion, (iv) requiring an upgrade or purchase of a different Internet service and (v) using other tools or techniques that BITHAULERS or the Cellular Service Providers may be required to implement in order to meet the goal of delivering the best broadband Internet experience to all its customers.

USAGE TRACKING.  BITHAULERS and Cellular Service providers collect data on customer traffic pattern usage and  reserve the right to conduct tests to improve network security, to enhance the performance of our network, and to determine whether to make available new service offerings. These technical tests are performed almost continuously and without notice.

EXCESSIVE USAGE.  Excessive bandwidth or data usage that is deemed significantly higher than typical usage for which the networks are designed. Excessive data usage may negatively impact the Service provided to other members and customers.  De-prioritization may be utilized in order to ensure optimal internet experience for all members and customers.

DATA POLICY.  Customers will be notified via email for excessive data usage.

UNCHARACTERISTIC USAGE.  BITHAULERS' products and Internet Service are a consumer product designed for personal use of the Internet.  If BITHAULERS in its sole but reasonable discretion determines that a customer has exceeded the Excessive Use threshold or is using its products and/or Service in a manner significantly uncharacteristic of a typical user, BITHAULERS reserves the right to (a) adjust, suspend or terminate Service accounts at any time and without notice; or (b) require the user to upgrade his service level or pay additional fees in accordance with BITHAULERS' then-current, applicable rates and charges for such Service; or (c) use any technology to be chosen by BITHAULERS at its sole discretion to slow the user’s service for purposes of conserving bandwidth.

Activities that may cause excessive bandwidth consumption in violation of this Policy include, but are not limited to, numerous or continuous bulk transfers of files and other high capacity traffic using (i) file transfer protocol (“FTP”), (ii) peer-to-peer applications, and (iii) newsgroups, whether provided by BITHAULERS or a third party.

 

BITHAULERS' Membership Plans and products do not provide the type of security, upstream performance and total downstream throughput capability typically associated with excessive use. Running a server in connection with BITHAULERS' Internet Service or providing network services to others via the BITHAULERS' Internet Service, and running servers for mail (pop3 & smtp), http, https, FTP, IRC, DHCP and multi-user interactive forums are some use examples that may be deemed uncharacteristic usage.

 

  1. VIOLATION OF THIS ACCEPTABLE USE POLICY

 

BITHAULERS reserves the right to suspend without notice or terminate the Membership if you violate the terms of this Policy or the Terms of Service Agreement.

POLICY ENFORCEMENT.  BITHAULERS does not routinely monitor the activity of accounts for violation of this Policy. However, in our efforts to comply with applicable law and promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our Services. If we receive notice under the Digital Millennium Copyright Act, 17 U.S.C. sec. 512, that you have allegedly infringed the intellectual property rights of a third party, we retain the right to take down or disable access to the allegedly infringing material. In complying with applicable law in this area, it is our policy, in appropriate circumstances, to terminate the memberships of those members who repeatedly infringe the intellectual property rights of third parties. We also will take such other action as appropriate under the circumstances to preserve our rights. Although BITHAULERS has no obligation to monitor the Services and/or the network, BITHAULERS reserves the right to monitor bandwidth, usage, and content from time to time to identify violations of this Policy; and/or to protect the network and BITHAULERS members. BITHAULERS prefers to advise customers of inappropriate behavior and any necessary corrective action. However, if the Services are used in a way which BITHAULERS, in its sole but reasonable discretion, believes violate this Policy, BITHAULERS may take any responsive actions it deems appropriate. Such actions include, but are not limited to, temporary or permanent removal of content, cancellation of newsgroup posts, filtering of Internet transmissions, and the immediate suspension or termination of all or any portion of the Membership. BITHAULERS will not have any liability for any such responsive actions. The above described actions are not BITHAULERS' exclusive remedies and BITHAULERS may take any other legal or technical action it deems appropriate. BITHAULERS reserves the right to investigate suspected violations of this Policy, including the gathering of information from the user or users involved and the complaining party, if any, and examination of material on BITHAULERS' servers and network. During an investigation, BITHAULERS may suspend the account or accounts involved and/or remove material which potentially violates this Policy. You hereby authorize BITHAULERS to cooperate with (i) law enforcement authorities in the investigation of suspected criminal violations, and (ii) and system administrators at other Internet service providers or other network or computing facilities in order to enforce this Policy. Such cooperation may include BITHAULERS providing the username, IP address, or other identifying information about a member. Upon termination of a membership account, BITHAULERS is authorized to delete any user ID, files, programs, data and email messages associated with such account. The failure of BITHAULERS to enforce this Policy, for whatever reason, shall not be construed as a waiver of any right to do so at any time. You agree that, 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.

 

V. MISCELLANEOUS PROVISIONS

EQUIPMENT.  BITHAULERS strives to produce a high level of reliability, stability and security for our members. The equipment sold through BITHAULERS is a critical network element which is constantly evaluated for compatibility and performance. Due to technical limitations, changes to the networks, discontinued support by manufacturers, regulatory obligations, or defects, certain equipment models that were previously certified may be deemed to no longer be suitable for cellular network. If you own your equipment and in our sole but reasonable discretion it becomes unsuitable for any of these or other reasons, it will be your responsibility to purchase new equipment. BITHAULERS reserves the right to upgrade, via software download and without subscriber notification, all BITHAULERS equipment.

 

COMMUNICATION.  BITHAULERS may choose to communicate with you regarding these policies using a variety of methods including email to your email address on file or in-browser notices. In-browser notices are an effective way to quickly alert you to important service-impacting issues. These notices may require you to acknowledge receipt of the message or log into your BITHAULERS account for more information.

LIMITATIONS OF LIABILITY.  BITHAULERS will make reasonable efforts to provide customer with uninterrupted and error-free service. Nonetheless, there are numerous factors that could affect the Service. Temporary interruptions of the Service may occur as normal events in the provision of the Service. BITHAULERS reserves the right to interrupt the Service for maintenance purposes. Also understand that BITHAULERS has no control over the networks, facilities or services of third parties and that delays and disruptions involving them are completely beyond BITHAULERS' control. As to BITHAULERS 'own equipment and software, failure may occur without warning due to causes ranging from our own errors to malicious attack. If you have requirements that substantially exceed the average consumer’s bandwidth use or if continuous Internet access is the basis of your livelihood, you should purchase an alternate, backup connection. BITHAULERS does not represent or warrant that traffic on its network will be virus or spam free. In light of that, your use of the Membership Service is at your own risk and the Membership Service is provided without warranty or guarantee of any kind either expressed or implied, including warranties of merchantability and fitness for a particular purpose. Without limiting the foregoing, BITHAULERS, its parent company and affiliates will not be liable for any interruptions in service or failure to perform or partial performance that results in corrupted transmissions and will not be responsible for consequential damages of any sort. In any event, BITHAULERS’ liability to you for all potential claims will not exceed the total amount of membership fees paid during the preceding three months.  Nothing in this Agreement gives you any interest, title or license in the user ID, electronic mail address or IP address that is used in conjunction with the Membership or the Membership Service.