Updated 1/1/2020
By using Cellcom's Fixed Services, as that term is defined in Cellcom’s Fixed Services Terms and Conditions Customer agrees to be bound by, and comply with, this Cellcom Fixed Services Acceptable Use Policy ("AUP") and any Terms and Conditions associated with the service(s) to which the customer subscribes. Cellcom reserves the right to change or modify the AUP and Terms and Conditions at any time at its discretion. Any changes or modifications become effective when posted. Customer's use of Cellcom's Fixed Services after the changes or modifications have been posted shall constitute acceptance of all such changes or modifications.
- Enforcement and Notification. Any user which Cellcom, at its sole discretion, determines has violated the terms of this AUP or Terms and Conditions may be subject to Cellcom taking action to enforce this AUP and Terms and Conditions. Those actions may include, but are not limited to, warning the violating user, suspending the violating user's account(s), or terminating the violating user's account(s). Cellcom may, when feasible, attempt to notify the user of the violation and allow the user to correct the violation. However, notification is not required nor does a failure to notify a user limit the actions Cellcom may take. Cellcom reserves the right to immediately suspend or terminate a user's service without notice in response to a legal order or government notice that certain conduct must be terminated immediately. In addition, Cellcom reserves the right to immediately suspend or terminate a user's service without notice if Cellcom reasonably determines that a user's conduct: (a) violates any applicable law or regulation; (b) exposes Cellcom to criminal or civil liability, prosecution, or sanctions; (c) exposes Cellcom's network or Cellcom's customers' network or property to harm; (d) interferes with the integrity or normal operations of Cellcom's network; or, (e) interferes with another Cellcom customer's use of Cellcom's data service. Cellcom's suspension of the user's service in accordance with this AUP is not, and shall not be construed to be, a termination of the user's corresponding service agreement with Cellcom; and the user shall be and remain obligated to comply with each and every term of such agreement notwithstanding the suspension (including, but not limited to, the payment of all fees and charges identified in that agreement). Further, notwithstanding any termination of a user's account(s) by Cellcom in accordance with this AUP, the user shall remain obligated to fulfill all accrued obligations stated in such user's service agreement with Cellcom, as well as any obligations resulting from the termination by Cellcom (including, but not limited to, the obligation to pay to Cellcom any early termination fees stated in the service agreement). Cellcom reserves the right to remove, block, filter, or restrict the transmission of any material or content that Cellcom determines, at its sole discretion, is unlawful. Such transmission, or attempted transmission, violates this AUP and Terms and Conditions and Cellcom may take action as described above.
- Prohibited Conduct and Activities. The Cellcom network must be used in a manner consistent with the intended use and purpose of Cellcom's network and services provided to the customer and may only be used for lawful purposes. Customers are prohibited from using Cellcom's network and services in order to transmit, distribute, or store material that in any way is unlawful, that is harmful to or interferes with Cellcom's network or services, or that adversely affects, or interferes with, the use or enjoyment of Cellcom's network or services by other users. In addition, the conduct and activities listed below are specifically prohibited. The list is not exclusive. Failure to specifically list a prohibited conduct or activity does not imply or confer that said conduct or activity is permitted or lawful.
- Unlawful Activities. Cellcom's services shall not be used in connection with any criminal, civil or administrative violation of any applicable local, state, federal, national or international law, treaty, court order, ordinance, regulation, or administrative rule. Customer shall not use Cellcom's network or services to transmit any material whose transmission is unlawful under any law applicable to such transmission.
- Harm to Minors. Customer shall not use Cellcom's network or services to harm, or attempt to harm, minors in any way.
- Child Pornography. Customer shall not use Cellcom's network or services to publish, submit, receive, upload, download, post, use, copy, produce, transmit, distribute, or store child pornography.
- Threatening Material or Conduct. Customer shall not use Cellcom's network or services to host, post, transmit, or re-transmit any content or material that harasses or threatens or encourages bodily harm or destruction of property.
- Inappropriate Content. Cellcom reserves the right to remove or restrict posting of materials that, at Cellcom's sole and reasonable discretion, is determined to be obscene, indecent, defamatory, libelous, hateful, malicious, threatening, abusive, racist, excessively violent, promotes the use of violence against others, fraudulent, or treasonous.
- Harassment. Customer shall not use Cellcom's network or services to transmit any material that unlawfully or otherwise harasses another.
- Intellectual Property. Customer shall not use Cellcom's network or services to publish, submit, receive, upload, download, post, use, copy, reproduce, transmit, re-transmit, distribute, or store any material that may be subject to protection under privacy, publicity, or other personal rights and Intellectual Property rights including, but not limited to, copyright, patent, trademark, trade dress, and trade secret. Customer shall not use Cellcom's network or services in any manner that would dilute, misappropriate, infringe, or violate any such rights.
- Fraudulent or Misleading Content. Customer shall not use Cellcom's network or services to transmit or distribute material containing fraudulent offers for goods and services or any advertising containing false, deceptive, or misleading statements, claims, or representations.
- Harmful Content. Customer shall not use Cellcom's network or services to transmit, distribute, or store material that may be harmful to or interfere with Cellcom's network and services or any third party's network, service, or system. This includes, but is not limited to, viruses, worms, and Trojan horses.
- Forgery or Impersonation. Customer shall not use Cellcom's network or services to add, remove, or modify identifying information in an attempt to deceive or mislead the recipient of such information or to impersonate another person.
- Unauthorized Access. Customer shall not use Cellcom's network or services to access, or to attempt to access without authorization, the accounts of others or to gain access to Cellcom's network, databases, or systems, whether or not the attempt or intrusion is successful.
- Unsolicited Commercial or Bulk E-mail. Customer shall not use Cellcom's network or services to transmit unsolicited commercial e-mail, unsolicited bulk e-mail, or any such e-mails which could reasonably be considered "spam." In addition, Customers are prohibited from using another provider's service to send "spam" to promote a site hosted on or connected to Cellcom's network or services. Customers shall also refrain from using Cellcom's network and services to: (1) send e-mail messages which are excessive and/or intended to harass or annoy others; (2) continue to send e-mail messages to a recipient that has indicated they no longer wish to receive them; (3) send an e-mail with a forged TCP/IP packet header information; (4) send malicious e-mail, including, without limitation, "mail-bombing"; or, (5) send or receive e-mail messages in a manner that violates the use policies of any other Internet service provider.
- Collection of Personal Data. Customer shall not use Cellcom's network or services to collect, or attempt to collect, personal information about third parties without their knowledge or consent. This includes, but is not limited to, phishing activities.
- Network Disruptions and Adverse Activity. Customer shall not use Cellcom's network or services to conduct activities that may be harmful to or interfere with Cellcom's network or services or any third party's network or services. In addition, customer shall not use Cellcom's network or services to conduct any activity that adversely affects the ability of other customers to use Cellcom's network or services. This includes, but is not limited to, flooding, mail bombing, or denial of service attacks. Such violations may also result in criminal and/or civil liability. Cellcom will investigate such activity, and when warranted, may involve and cooperate with law enforcement authorities in prosecuting users involved in such activity.
- Third Party Rules. Failure to adhere to any rules, guidelines, or agreements applicable to search engines, subscription Web services, chat areas, bulletin boards, Web pages, USENET, or other services that are accessed through Cellcom's network or services shall constitute a violation of the AUP and/or Terms and Conditions.
- Prohibition on Resale. Customers are prohibited from reselling Cellcom's services without Cellcom's prior authorization whether or not a fee is being charged.
- Content Responsibilities. Customers remain solely and fully responsible for the content of any material created, accessible, posted, hosted, downloaded, uploaded, accessed, or transmitted either on or through Cellcom's network or services. Cellcom takes no responsibility for such content.
- Monitoring Obligations. Cellcom is under no obligation to monitor Customer's content, usage, bandwidth, or transmission associated with the Customer's use of Cellcom's network or services. However, Cellcom reserves the right to do so. Cellcom may monitor content, usage, bandwidth, or transmissions as necessary to: (a) enforce the terms of the AUP and Terms and Conditions; (b) comply with applicable laws, regulations, or other governmental or judicial directives; (c) protect Cellcom's network and services; or, (d) ensure other users are not being adversely affected by Customer's conduct or activity. Cellcom reserves the right to modify, restrict, or block access or usage in response to discoveries made while monitoring content, usage, bandwidth, or transmissions.
- Indemnification. Customer will defend and indemnify Cellcom against all claims, actions, judgments, damages, fines, costs, and other expenses, including reasonable lawyer's fees and disbursements (collectively, "Indemnification Claims") arising out of Customer's failure to comply with the requirements of this AUP and the certifications and commitments contained herein. For avoidance of doubt, Indemnification Claims shall include regulatory enforcement proceedings initiated by any Government Authority and the costs thereof. In relation to any Indemnification Claims: (a) Cellcom shall have sole control of the defense and/or settlement thereof; (b) Customer shall furnish to Cellcom on request all information in Customer's possession or control for such defense; and (c) Customer shall cooperate with Cellcom in the defense of such claims as requested by Cellcom.
- Failure to Enforce AUP and Terms and Conditions. The failure of Cellcom to enforce this AUP and/or Terms and Conditions, regardless of the reason for not doing so, shall not constitute a waiver of any right to do so at any time. Customer agrees that should any portion of this AUP and/or Terms and Conditions be found invalid or unenforceable, that portion, and that portion only, shall be construed as consistent as possible with the applicable law. The remaining portions shall remain in full force and effect.