AT&T Wi-Fi Services
Terms of Service & Acceptable Use Policy
Terms of Service & Acceptable Use Policy
These Terms of Service & Acceptable Use Policy (the "Terms") govern your use of AT&T Internet Services' AT&T Wi-Fi service ("Service") and the AT&T Internet Services network ("Network"). If you connect to the AT&T Wi-Fi service via one of AT&T's roaming partners, your use of the Service will also be governed by that provider's Terms of Service and Acceptable Use Policy, which will be available on the first screen that you see when you access the Wi-Fi service. Before using the Service, read the following Terms. Your use of the Service represents your agreement to these Terms. If you do not agree with these Terms, do not use the Service.
TERMS OF SERVICE
Description of the Service
The Service is provided by AT&T Internet Services ("AT&T"). The Service provides you with wireless access to the Internet via certain AT&T high-speed Internet access points ("Locations") and, depending on your Service plan, certain roaming partner locations. AT&T offers two types of plans: (1) subscription plans for AT&T High Speed Internet Customers ("Subscription"); and (2) membership plans for those who do not have AT&T High Speed Internet ("Membership") (Membership plans include special offers such as the Starbucks Loyalty Membership and Starbucks Partner Membership program). Membership customers are also subject to the terms of conditions of the applicable End User Membership Agreement.
AT&T may, but is not obligated to, extend its Locations through roaming agreements with other Internet Service Providers. If AT&T does extend its Locations and you access the Service of a roaming partner, you will be responsible for any applicable roaming charges if you do not subscribe to a roaming Service plan from AT&T.
Charges/Billing/Payment
You agree to pay all charges and fees specified when your ordered the Service, including any monthly recurring or nonrecurring charges, taxes, fees, surcharges or other assessments applicable to the Service. All AT&T charges for the Service are billed in advance. Membership customers are billed according to the terms and conditions of the Membership Agreement. Subscription customers' charges will appear monthly on the AT&T portion of your AT&T local telephone bill. The Service is provided on a month-to-month basis and the monthly charges are subject to change. Payment for the Service is due on the date specified on the AT&T local telephone bill. If any portion of payment is received after the payment due date, a monthly late charge may apply. The monthly late charge will be administered according to standard AT&T billing procedures and will not exceed the highest amount allowed by law. The late charge will be applied to the entire outstanding balance for each month or portion thereof for which the balance remains unpaid. In the event you fail to pay charges, AT&T may suspend or terminate your Service and may assign unpaid late balances to a collection agency for appropriate action . In the event legal action is necessary to collect on balances due, you agree to reimburse AT&T for all expenses incurred to recover sums due, including attorneys' fees and other legal expenses. You also agree to pay all current charges for the Service as well as taxes and fees assessed against you or AT&T on the charges and all late payment, interest or other fees as stated on your bill. You will also be charged a fee for any check returned to AT&T relating to the Service. AT&T may modify its billing practices or late payment charges by providing you with prior written notice of the modification.
Service Suspension/Termination/Cancellation
AT&T respects freedom of expression and believes it is a foundation of our free society to express differing points of view. AT&T will not terminate, disconnect or suspend service because of the views you or we express on public policy matters, political issues or political campaigns. However, AT&T may immediately terminate or suspend all or a portion of your Service, without notice, for conduct that AT&T believes (a) violates the Acceptable Use Policy, set forth below; or (b) constitutes a violation of any law, regulation or tariff (including, without limitation, copyright and intellectual property laws) or a violation of these Terms, or any applicable policies or guidelines. Your Service may be suspended or terminated if your payment is past due and such condition continues un-remedied for thirty (30) days. Termination or suspension by AT&T of Service also constitutes termination or suspension (as applicable) of your license to use any Software. AT&T may also terminate or suspend your Service if you provide false or inaccurate information that is required for the provision of Service or is necessary to allow AT&T to bill you for Service. Membership customers: customer cancellation of Services is governed by the terms and conditions of your Membership Agreement. Subscription customers: you may cancel your subscription to the Service at any time by contacting AT&T. If canceled after the first month, subscription charges will be prorated to the date the Service is cancelled. If you disconnect your DSL or Dial Internet access services, your subscription to the Service will also automatically cancel.
Modifications to the Service / Updates to the Terms
AT&T reserves the right to modify or discontinue, temporarily or permanently, at any time and from time to time, the Service (or any function or feature of the Service or any part thereof, including but not limited to rates and charges) with or without notice. You agree that AT&T will not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service. Without limiting the foregoing, AT&T may post, or email, notices of changes in the Service. It is your responsibility to check our website and your AT&T email address for any such notices. You agree that AT&T will not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service.
These Terms may be updated or changed from time to time. The current Terms shall be posted at: ("Website"). If AT&T makes a change to these Terms and that change has a material impact on the Service, you will be provided electronic notice of that change via e-mail or other written notice. Your continued use of the Service following such notice constitutes your acceptance of those changes. If you do not agree to the revisions, you must terminate your Service immediately.
Operational Limits of the Service
Provisioning of the Service is subject to the availability and the operational limitations of the requisite equipment and associated facilities. You understand and agree that temporary interruptions of the Service may occur as normal events in the provision of the Service and that AT&T will not be liable for such interruptions. You further understand and agree that AT&T has no control over third party networks you may access in the course of your use of the Service, and therefore, delays and disruptions of other network transmissions are beyond the control of AT&T. AT&T will not be liable for any failure of performance, if such failure is due to any cause beyond AT&T's reasonable control, including acts of God, fire, explosion, vandalism, nuclear disaster, terrorism, cable cut, storm or other similar occurrence, any law, order or regulation by any government, civil, or military authority, national emergencies, insurrections, riots, wars, labor difficulties, supplier failures, shortages, breaches, or delays, or delays caused by you or your equipment.
Registration/Customer Information/Password Security
All information that you provide to AT&T must be accurate, including your name, email address, physical address, credit or charge card numbers and expiration dates and any Service payment information ("Registration Data"). You are responsible for keeping such information up-to-date and must provide changes promptly to AT&T. You agree to keep confidential your log-in ID and password and are solely responsible for any liability or damages resulting from your failure to maintain that confidentiality. You are also solely and fully responsible and liable for all activities that occur under your member ID. You agree to immediately notify AT&T if you suspect any breach of security such as loss, theft, or unauthorized disclosure or use of your member ID or password.
Third Party Content Disclaimer/ Links to Third Party Sites
Materials provided by Third Party Providers have not been independently authenticated in whole or in part by AT&T. AT&T does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by AT&T. This Service may be linked to other websites which are not under the control of and are not maintained by AT&T. AT&T is not responsible for the content of those sites. AT&T is providing these links to you only as a convenience, and the inclusion of any link to such sites does not imply endorsement by AT&T of those sites.
Privacy Policy
Registration data and certain other information about you is subject to the AT&T Wi-Fi Privacy Policy. For more information see:http://secure.sbc.com/privacy_statement.adp.
General Use Restrictions
Subject to your acceptance of and compliance with these Terms, payment to AT&T for the Service and compliance with all AT&T Online Policies identified below, you are hereby granted the right to use the Service through a non-exclusive, non-transferable and non-assignable limited license. The Service is provided for your use only (unless otherwise specifically stated) and you agree not to reproduce, duplicate, copy, sell, transfer, resell or exploit for any commercial purposes your subscription to or membership in the Service, any portion of the Service, use of the Service, or access to the Service. You have no right to resell, sublicense, assign or transfer your right to access the Service or use the AT&T Network. All information, documents, products, and software (the "Materials") provided with this Service were provided by or to AT&T Internet Services (AT&T) by their respective manufacturers, authors, developers, licensees and vendors (including, without limitation, Wayport, Inc.) (the "Third Party Providers") and are the copyrighted work of AT&T and/or the Third Party Providers. Except as stated herein, none of the Materials may be copied, reproduced, resold, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of AT&T or the Third Party Provider. You also may not, without AT&T' prior express written permission, "mirror" any Material provided with this Service on any other server. Nothing provided with this Service shall be construed as conferring any license under any of AT&T' or any Third Party Provider's intellectual property rights, whether by estoppels, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. Any unauthorized use of any Materials provided with or through this Service may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Software Use Restrictions
Any software that is made available to download with the Service (the "Software") is the copyrighted work of AT&T and/or Third Party Providers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (the "License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless the end user first agrees to the terms of the License Agreement. Except as set forth in the applicable License Agreement, any further copying, reproduction or redistribution of the Software is expressly prohibited.
Installation assistance, product support and maintenance, if any, of the Software is available from AT&T and/or the Third Party Providers, as the case may be.
SOFTWARE IS WARRANTED, IF AT ALL, IN ACCORDANCE WITH THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS SET FORTH IN THE LICENSE AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
Submissions
Unless otherwise explicitly stated, any Materials provided by you in connection with this Service shall be deemed to be provided on a non-proprietary and non-confidential basis. AT&T shall have no obligation of any kind with respect to such Materials and shall be free to use or disseminate such Materials on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Materials that you submit, and you, not AT&T, have full responsibility for the Materials, including their legality, reliability, appropriateness, originality and copyright.
Disclaimer of Warranties
UNLESS OTHERWISE EXPLICITY STATED, THE MATERIALS AND THE SERVICE ARE PROVIDED "AS IS", AND ARE FOR PERSONAL USE ONLY. ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. AT&T MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE MATERIALS PROVIDED WITH THE SERVICE. ANY QUESTIONS REGARDING THE MATERIALS SHOULD BE DIRECTED TO THE PROVIDERS OF SUCH MATERIALS. HOWEVER, AT&T DOES NOT AUTHORIZE ANYONE OT MAKE A WARRANTY ON AT&T' BEHALF AND YOU MAY NOT RELY ON ANY STATEMENT OF WARRANTY BY A THIRD PARTY AS A WARRANTY OF AT&T.
Limitation of AT&T Liability
AT&T SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS. MOREOVER, IN NO EVENT SHALL AT&T BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOST REVENUE, LOST PROFITS, LOSS OF USE, LOSS OF DATA OR OTHER ECONOMIC ADVANTAGE) HOWEVER THEY ARISE, WHETHER FOR BREACH OR IN TORT, EVEN IF AT&T HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN JURISDICTIONS WHERE PERMITTED, AT&T' SOLE LIABILITY TO YOU UNDER THESE TERMS SHALL BE LIMITED TO THE TOTAL AMOUNT OF MONEY PAID TO AT&T BY YOU FOR USE OF THE SERVICE.
Indemnity
You agree to indemnify and hold harmless AT&T and its subsidiaries, affiliates, officers, agents, co-branders, licensors or other partners and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (a) content you submit, post, transmit or otherwise make available through the Service; (b) your use of the Service; (c) your violation of these TOS; (d) your violation of the AUP; (d) your violation of any rights of another; and (e) use of your account and any Sub-Account whether or not such usage is expressly authorized by you.
Liability of Customer
YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SERVICE AND WILL NOT MAKE A CLAIM AGAINST AT&T FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE SERVICE AND MATERIALS.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS AT&T (INCLUDING ITS PARENT AND AFFILIATE COMPANIES, EMPLOYEES, OFFICERS, DIRECTORS AND AGENTS) FROM, AND YOU COVENANT NOT TO SUE AT&T FOR, ANY CLAIMS BASED ON, OR STEMMING FROM, YOUR USE OF THE SERVICE AND MATERIALS.
Local Laws; Export Control
AT&T and/or the applicable Third Party Provider control and operate this Service from its or their headquarters in various locations in the United States of America and makes no representation that these Materials or the Service are appropriate or available for use in other locations. If you use this Service or the Materials from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries.
Unless otherwise explicitly stated, all marketing or promotional materials provided with or through this the Materials or the Service are solely directed to individuals, companies or other entities located in the United States, the United Kingdom and Australia. You acknowledge and agree that Materials are subject to the U.S. Export Administration Laws and Regulations. Diversion of such Materials contrary to U.S. law is prohibited. You agree that none of the Materials, nor any direct product there from, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorized by the U.S. Government. Proscribed countries are set forth in the U.S. Export Administration Regulations. Countries subject to U.S. embargo are: Cuba, Iran, Iraq, Libya, North Korea, Syria, and the Sudan. This list is subject to change without further notice from AT&T, and you must comply with the list as it exists in fact. You certify that you are not on the U.S. Department of Commerce's Denied Persons List or affiliated lists or on the U.S. Department of Treasury's Specially Designated Nationals List. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
U.S. Government Rights
The Materials on this Service are provided with the following restrictions: Use, duplication, or disclosure by the U.S. Government is subject to the restrictions set forth in the FAR 52.227-19 (June 1987), FAR 52.227-14 (ALT II & ALT III) (June 1987), or if DoD, as specified in DFARS 252.7202-1(a) and 252.7202-3(a) and vendor's applicable license terms, and DFARS 252.227-7013 (Nov 1995) and 252.227-7014(Nov 1995), as applicable. Use of the Materials by the U.S. Government constitutes acknowledgment of AT&T' and/or the Third Party Provider's proprietary rights in them.
General
This Service could include inaccuracies or typographical errors. Any action related to these Terms will be governed by Texas law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply. These Terms provide basic guidelines for your use of the Service, and will be enforced in conjunction with other Terms of Service or Membership Agreement, if any, that govern AT&T products or services that you use or that you have purchased. In the event that any provision of these Terms shall be rendered invalid or unenforceable, such invalidity or unenforceability shall not invalidate or render unenforceable any other provision of these Terms and these Terms shall continue in full force and effect and be construed as if they did not contain the invalid or unenforceable provision.
Infringement of Intellectual Property Rights
You are prohibited from infringing, publishing, submitting, copying, uploading, downloading, posting, transmitting, reproducing, or distributing software, video or audio content, or any other material that is protected by copyright, trademark, patent, trade secret, any other type of intellectual property rights, trademark laws (by rights of privacy or publicity) or other proprietary right of any party unless you own or control the rights thereto or have received all necessary consent to do the same. This prohibition includes the use of any material or information including images or photographs that are made available through an AT&T site or Service(s).
For more information about AT&T's copyright protection practices under the Digital Millennium Copyright Act (DMCA) of 1998, and for information on how to contact AT&T's DMCA agent, please refer to: www.att.net/legal/copyright
ACCEPTABLE USE POLICY
The AT&T Acceptable Use Policy is designed to help protect AT&T's assets, the assets of its Customers, and the Internet community, from irresponsible or illegal activities of AT&T Customers and its Users. These activities may disrupt or degrade AT&T IP Services, pose a threat to AT&T's assets, expose AT&T (or other providers of IP Services) to claims of civil or criminal liability or other legal sanctions. Moreover, because of various conventions used in the industry (including blocking, filtering and blacklisting) these activities may impair AT&T's ability to interconnect with other providers of IP Service. These activities may relate to the content stored or transmitted by Customers or its Users or to the nature of the transmissions themselves such as sending large numbers of unsolicited messages (Spam).
Customers are responsible for avoiding the prohibited activities and strictly following the AUP terms set forth herein.
AUP Coverage
The AT&T Acceptable Use Policy ("AUP") applies to the services that provide (or include) access to the Internet, services provided over the Internet, and Hosting services (collectively "IP Services"). Customer is responsible for the actions of others who may be using the IP Service(s) under Customer's account. It is Customer's obligation to take whatever measures are necessary to protect access to Customer's account (e.g., to keep the access password secure). If a Customer or its User(s) violate the AUP, AT&T may, depending on the nature and severity of the violation, suspend or terminate service, as specified below.
Customer may have access through the AT&T network(s) and Service(s) to search engines, subscription web services, chat areas, bulletin boards, web pages, USENET, or other services that promulgate rules, guidelines or agreements to govern their use. Failure to adhere to any such rules, guidelines, or agreements shall be a violation of this AUP.
AT&T is aware that some of its Customers are, themselves, providers of Internet based services, and that information reaching AT&T network(s) or facilities from those Customers may have originated from the AT&T Customer or from another third-party. AT&T reserves the right to take action against AT&T Customer and directly against such Customers' subscribers, even though the AT&T's corrective action may affect other non-offending subscribers of the AT&T Customer.
AUP Enforcement and Notice
Customer's failure to observe the guidelines set forth in this AUP may result in AT&T taking actions anywhere from a warning to a suspension of privileges or termination of your Service(s). AT&T reserves the right, but does not assume the obligation, to strictly enforce the AUP. When feasible, AT&T may provide Customer with notice of an AUP violation via e-mail or otherwise and demand that such violation is immediately corrected.
However, AT&T reserves the right to act immediately and without notice to suspend or terminate IP Service(s) in response to a court order or other legal requirement that certain conduct should be stopped or when AT&T determines, in its sole discretion, that the conduct may: (1) expose AT&T to sanctions, prosecution, civil action or any other liability, (2) cause harm to or interfere with the integrity or normal operations of AT&T's network(s) or facilities, (3) interfere with another person's use of AT&T's IP Service(s) or the Internet, or (4) otherwise present a risk of harm to AT&T or AT&T Customers or other parties AT&T interconnects with.
AT&T's decisions with respect to interpretation of the AUP and appropriate remedial actions are final and determined by AT&T in its sole discretion. AT&T may refer potential violations of law(s) to the proper authorities, may cooperate in the investigation of any suspected criminal or civil wrongdoing, and will cooperate with authorities when required to do so by law, subpoena, or when the public safety is at stake. AT&T assumes no obligation to inform you that your information has been disclosed, and, in some cases, may be prohibited by law from providing such notice.
AT&T does not, as an ordinary practice, proactively monitor the activities of those who use its IP Service(s) or exercise any editorial control over any material transmitted, hosted or posted using IP Services to ensure that its Customers comply with the AUP and/or the law, although it reserves the right to do so. If AT&T is alerted to violations or potential violations of this AUP, AT&T will take whatever measures it deems necessary and appropriate to stop or prevent such violations including the actions described in this AUP. For example, AT&T may in its sole discretion refuse to transmit, screen, or editing content prior to delivery of the IP Service(s), block access to certain categories of numbers or certain sites as AT&T determines needed to enforce these policies.
If your Service is suspended or terminated for any AUP violation, you must get written approval from the AT&T Abuse Team (outside of the normal ordering process) prior to reactivating or ordering new service. In any case, AT&T may, in its discretion, decline to reinstate your Service. If AT&T approves you for reinstatement or new service, set-up fees, reactivation fees or deposits may apply. If AT&T discovers that you have renewed Service, or ordered new Service, following termination for an AUP violation without the prior written consent of the AT&T abuse team, it may terminate your Service without further notice. In such case, you are responsible for any applicable early termination charges.
AT&T will not issue any refunds, credits or other forms of compensation for the period when IP Service(s) have been suspended as a result of violation(s) or alleged violation(s) of this AUP.
AT&T shall not be liable for any damages of any nature suffered by any Customer, User, or third party resulting in whole or in part from AT&T's exercise of its rights under this AUP.
Prohibited Actions
AT&T respects freedom of expression and believes it is a foundation of our free society to express differing points of view. AT&T will not terminate, disconnect or suspend service because of the views you or we express on public policy matters, political issues or political campaigns. AT&T is committed at all times, however, to complying with the laws and regulations governing use of the Internet and e-mail transmissions and to preserving for all of its Customers the ability to use AT&T's network and the Internet without interference or harassment from other users. AT&T prohibits use of its IP Services in any way that is unlawful, interferes with use of AT&T's network or the Internet, interferes in any way with the usage or enjoyment of services received by others, infringes intellectual property rights, results in the publication of threatening or offensive material, constitutes Spam/E-mail/Usenet abuse, or presents security or privacy risks. Customer will not resell or provide Service(s) to unauthorized third parties, whether as part of a commercial enterprise or otherwise.
Customer is prohibited from engaging in any other activity, whether legal or not, that AT&T determines in its sole discretion, to be harmful to its subscribers, operations, network(s).
Unlawful Activities
AT&T IP Services shall not be used in connection with any criminal, civil or administrative violation of any applicable local, state, and provincial, federal, national or international law, treaty, court order, ordinance, regulation or administrative rule.
By using the IP Service(s), Customer represents and warrants to AT&T that Customer (and its Users) are not resident(s) of any country or affiliated with any of organization prohibited to do business within the United States as defined and set forth at: http://www.treas.gov/ofac and http://www.bxa.doc.gov/dpl/thedeniallist.asp. Accounts registered using false or misleading information may be terminated immediately and without notice.
Intellectual Property
You are prohibited from infringing, publishing, submitting, copying, uploading, downloading, posting, transmitting, reproducing, or distributing software, video or audio content, or any other material that is protected by copyright, trademark, patent, trade secret, any other type of intellectual property rights, trademark laws (by rights of privacy or publicity) or other proprietary right of any party unless you own or control the rights thereto or have received all necessary consent to do the same. This prohibition includes the use of any material or information including images or photographs that are made available through an AT&T site or Service(s).
For more information about AT&T's copyright protection practices under the Digital Millennium Copyright Act (DMCA) of 1998:, and for information on how to contact AT&T's DMCA agent, please refer to: http://www.att.net/legal/copyright.
Offensive or Threatening Material or Content
AT&T IP Services shall not be used to host, post, transmit, or re-transmit any content or material that is threatening, harassing, obscene, indecent, hateful, malicious, racist, fraudulent, deceptive, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise harmful or offensive to third parties, treasonous, excessively violent or promotes the use of violence, or provides instruction, information or assistance in causing or carrying out violence against any government, organization, group or individual, or provides guidance, information or assistance with respect to causing damage or security breaches to AT&T's network or to the network of any other IP Service provider. Customer shall not create or attempt to utilize a domain name that is fraudulent, indecent, offensive, deceptive, threatening, abusive or harassing.
Interaction with Minors
AT&T has a zero tolerance policy regarding use of its Service to engage in inappropriate conduct with a minor (anyone under 18 years of age). You shall not knowingly collect or solicit personal information from a minor without the express consent of the parent or guardian of the minor, nor shall you use this Service to harm or intimidate a minor. AT&T complies with all federal and state laws pertaining to the protection of minors, including the reporting of all apparent cases of child pornography or exploitation to the National Center for Missing and Exploited Children. For more information about online safety, visit www.ncmec.org or www.att.com/safety.
Spam/E-mail/Usenet Abuse
Violation of the CAN-SPAM Act of 2003, or any state or federal law regulating e-mail services, constitutes an automatic violation of this AUP and AT&T reserves the right to seek damages and other available relief against Customer, as applicable.
Spam/E-mail/Usenet Abuse is prohibited on AT&T IP Services. Examples of Spam/E-mail/Usenet Abuse include but are not limited to the following activities:
- Sending unsolicited electronic mail messages and "mail-bombing" (sending mass unsolicited e-mail messages to a single user, or group of users, commercial or otherwise, or deliberately sending very large attachments to one recipient) using IP Service(s) are prohibited.
- using another site's mail server to relay mail without the express permission of the site;
- using another computer, without authorization, to send multiple e-mail messages or to retransmit e-mail messages for the purpose of misleading recipients as to the origin;
- using IP addresses that the Customer does not have a right to use;
- collecting the responses from unsolicited electronic messages;
- maintaining a site that is advertised via unsolicited electronic messages, regardless of the origin of the unsolicited electronic messages;
- spamming, or sending unsolicited commercial e-mail, sending unsolicited electronic messages with petitions for signatures, or any chain mail related materials, or requests for charitable donations;;
- sending messages that are harassing or malicious, or otherwise could reasonably be predicted to interfere with another party's quiet enjoyment of the AT&T IP Services or the Internet (e.g., through language, frequency, size or otherwise);
- sending bulk (i.e., twenty-five or more recipients) electronic messages without identifying, within the message, a reasonable means of opting out from receiving additional messages from the sender;
- using distribution lists containing addresses that include those who have opted out;
- sending electronic messages that do not accurately identify the sender, the sender's return address, the e-mail address of origin, or other information contained in the subject line or header.
- forging headers or identifiers in order to disguise the origin of e-mail;
- use of redirect links in unsolicited commercial e-mail to advertise a website or service;
- posting a single message, or messages to online forums or newsgroups, that could reasonably be expected to provoke complaints;
- posting messages to or canceling or superseding messages on an online forum or newsgroup in a manner that violates the rules of the forum or newsgroup or that contain forged header information.
- sending bulk electronic messages in quantities that exceed standard industry norms or that create the potential for disruption of the AT&T network or of the networks with which AT&T interconnects
- intercepting, redirecting or otherwise interfering or attempting to interfere with e-mail intended for other parties
- knowingly deleting any author attributions, legal notices or proprietary designations or labels in a file that the user mails or sends
- using, distributing, advertising, transmitting, or otherwise making available any software program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, including, but not limited to, the facilitation of the means to spam;
Spam Damages: Because spam related damages are often difficult to quantify, in those cases where the actual damages cannot be reasonably calculated AT&T reserves the right to seek from the Customer liquidated damages in the amount of five dollars (US$5.00) for each piece of 'spam' or unsolicited bulk email transmitted from or otherwise connected with Customer's account, in addition to any other rights and remedies AT&T my have in contract, law and equity.
Security Violations
It is Customer's responsibility to ensure the security of its network and the machines that connect to and use IP Service(s). You are responsible for configuring and securing your services to prevent damage to the AT&T network and/or the disruption of Service(s) to other customers, and ensuring that your customers and users use the Service(s) in an appropriate manner. Customer is required to take all necessary steps to manage the use of the IP Service(s) in such a manner that network abuse is prevented or minimized to the greatest extent possible. It is Customer's responsibility to take corrective actions on vulnerable or exploited systems to prevent continued abuse. Violations of system or network security are prohibited and may result in criminal and/or civil liability.
AT&T IP Services may not be used to interfere with, to gain unauthorized access to, or otherwise violate the security of AT&T's or another party's server, network, personal computer, network access or control devices, software or data, or other system, or to attempt to do any of the foregoing. Examples of violations of system or network security include but are not limited to:
- intercepting, interfering with or redirecting e-mail intended for third parties, or any form of network monitoring, scanning or probing, or other action for the unauthorized interception of data or harvesting of e-mail addresses;
- hacking - attempting to attack, breach, circumvent or test the vulnerability of the user authentication or security of any host, network, server, personal computer, network access and control devices, software or data without express authorization of the owner of the system or network;
- impersonating others in order to obtain another user's account password or other personal information.
- using the IP Service(s) to deliver spyware, or secretly or deceptively obtain the personal information of third parties (phishing, etc.), or engage in modem hi-jacking;
- using any program, file, script, command or the transmission of any message or content of any kind, designed to interfere with a terminal session or the access or use of the Internet or any other means of communication;
- distributing or using tools designed to compromise security, including cracking tools, password guessing programs, packet sniffers or network probing tools (except in the case of authorized legitimate network security operations);
- unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network; this would include use of sniffers or SNMP tools;
- falsifying packet header, sender, or User information whether in whole or in part to mask the identity of the sender, originator or point of origin;
- knowingly uploading or distributing files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
- engaging in the transmission of pirated software;
- with respect to dial-up accounts, using any software or device designed to defeat system time-out limits or to allow your account to stay logged on while you are not actively using the AT&T IP Service(s) or using your account for the purpose of operating a server of any type;
- using manual or electronic means to avoid any use limitations placed on the Services;
- gaining unauthorized access to private networks;
- violating rules, regulations, and policies applicable to any network, server, computer database, web site, or ISP that you access through the IP Service(s).
Network Usage
Where an AT&T Service account, service or feature description specifies limits on bandwidth, disk utilization, simultaneous connections, and/or aggregate data download or upload, use in excess of those limits is not permitted without an appropriate change in account type or status and may incur additional charges for such usage.
Bandwidth, disk utilization, simultaneous connections, and aggregate data downloads/uploads will be computed or determined by AT&T from time to time in developing its product and service offerings. In the event AT&T determines that an account is exceeding the relevant bandwidth, disk utilization, aggregate data download/upload limits, simultaneous connections, or reasonable session times, the account owner will generally be notified by E-mail. If the excess use continues after such notification, the owner may be requested to upgrade the type of account or to modify the activity creating the excess use, or the account may be terminated.
If excessive bandwidth, disk space utilization, simultaneous connections, aggregate data download or upload, or session length is determined to adversely affect AT&T's ability to provide service, immediate action may be taken. The account owner may be notified by e-mail as soon as practical thereafter.
Customer Responsibilities
Customer remains solely and fully responsible for the content of any material posted, hosted, downloaded/uploaded, created, accessed or transmitted using the IP Services. AT&T takes no responsibility and assumes no liability for any material created or accessible on or through the AT&T network(s) using IP Service(s), or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity Customer (or its Users) may encounter. As the provider of IP Service(s), AT&T is only a forum and is not liable for any statements, representations, or content provided by the users of IP Services in any public forum. AT&T shall not be obligated to monitor or exercise any editorial control over such material, but reserves the right to do so. In the event that AT&T becomes aware that any such material may violate this AUP, other applicable terms of use or contract provisions, and/or expose AT&T to civil or criminal liability, AT&T reserves the right to block access to such material and suspend or terminate the Service of any user creating, storing or disseminating such material. AT&T further reserves the right to conduct investigations into fraud, violations of the Terms of Service, this AUP or other laws or regulations, and to cooperate with legal authorities and third parties in the investigation of alleged wrongdoing, including disclosing the identity of the user that AT&T deems responsible for the wrongdoing.
Customer agrees to indemnify and hold AT&T harmless from any claim, action, demand, loss, or damage (including attorneys' fees) made by any third party against AT&T as a provider of the IP Service(s) arising out of or relating to any violation(s) of this AUP by Customer (or its Users).
Incident Reporting
Any complaints (other than claims of copyright or trademark infringement) regarding violation of this AUP by an AT&T Customer (or its User) should be directed to abuse@att.net. Where possible, include details that would assist AT&T in investigating and resolving such complaint (i.e. expanded headers and a copy of the offending transmission).
Revisions to the AUP
AT&T reserves the right to modify its Acceptable Use Policy at any time, and effective when posted to AT&T's web site (http://www.corp.att.com/aup). Notice of any change to this AUP may also be provided to a Customer via electronic mail, if Customer subscribes to AT&T's automated notification system regarding any AUP changes. It is your responsibility to notify AT&T of any change of address. You must respond in a timely manner to complaints concerning misuse of the Service(s) obtained from AT&T. Failure to responsibly manage the use of the Service(s) obtained from AT&T may be cause for termination of Service(s) to you and, depending upon the terms under which you acquired your Service(s), could lead to the imposition of early termination fees.