Common use of USE OF WIRELESS SERVICES Clause in Contracts

USE OF WIRELESS SERVICES. (a) End User is responsible, and FARMERS EDGE and the Provider are not responsible or liable, to prudently protect and safeguard the device (including any SIM card) against loss, abuse, theft or damage, and for the use of the device and the Wireless Services by End User and any other persons. (b) End User shall not use or allow others to use the Wireless Services or the device if such use: (i) is for, or results in, any illegal, abusive, annoying or offensive activities, including making available offensive content, the commission or encouragement of a criminal offence, stalking, harassment, spamming, disrupting or interfering with the Internet, any network, computer or other devices, transmission of a virus or other harmful component, defamation, intellectual property infringement, or interference with other customers’ service; (ii) is significantly higher than average or consumes excessive network capacity in FARMERS EDGE’s or the Provider’s reasonable opinion, or causes the Provider’s network, or FARMERS EDGE’s or the Provider’s ability to provide services to others, to be adversely affected; (iii) is for multi-media streaming, continuous data transmission or broadcasts, automatic data feeds, peer-to-peer (P2P) file sharing, voice over Internet protocol or any other application which uses excessive network capacity that is not made available to End User by FARMERS EDGE or the Provider; (iv) is to provide a substitute or back-up for private lines or dedicated data connections such as DSL; or (v) is to operate an email, web, server farm, news, chat or other service. (c) End User shall not (and shall not allow others to): (i) remove the SIM card from the device provided by FARMERS EDGE; (ii) use the SIM card provided by FARMERS EDGE with any device not provided through FARMERS EDGE or its authorized dealers (“Non-Farmers Edge Device”); (iii) make changes to the settings of a device or SIM card; (iv) threaten, abuse or harass any employee or representative of FARMERS EDGE or the Provider; (v) commit, attempt to commit, or allow others to commit or attempt to commit, any fraud against FARMERS EDGE or the Provider, including fraudulently obtaining Wireless Services or devices; (vi) transform outbound communications into incoming communications or otherwise attempt to avoid applicable charges; (vii) otherwise abuse the Wireless Services or flat rate or unlimited use plans, or allow others to do any of the foregoing; or (viii) resell, transfer, distribute, share or exploit for commercial purposes any Wireless Services or engage in or allow any alteration, copying, reproduction of or tampering with electronic serial numbers, or other identification, signalling or transmission functions or components of the device. (d) End User must follow all other service regulations issued or adopted by FARMERS EDGE or the Provider. FARMERS EDGE or the Provider may immediately suspend, restrict, change or terminate all or part of End User’s Wireless Services and this Wireless Services Agreement and deactivate End User’s device or take other necessary actions, if FARMERS EDGE or the Provider reasonably believes there is a breach by End User of any of these “Use of Wireless Services” provisions.

USE OF WIRELESS SERVICES. (a) End User is responsible, and FARMERS EDGE and the Provider are not responsible or liable, to prudently protect and safeguard the device (including any SIM card) against loss, abuse, theft or damage, and for the use of the device and the Wireless Services by End User and any other persons. (b) End User shall not use or allow others to use the Wireless Services or the device if such use: (i) is for, or results in, any illegal, abusive, annoying or offensive activities, including making available offensive content, the commission or encouragement of a criminal offence, stalking, harassment, spamming, disrupting or interfering with the Internet, any network, computer or other devices, transmission of a virus or other harmful component, defamation, intellectual property infringement, or interference with other customers’ service; (ii) is significantly higher than average or consumes excessive network capacity in FARMERS EDGE’s or the Provider’s reasonable opinion, or causes the Provider’s network, or FARMERS EDGE’s or the Provider’s ability to provide services to others, to be adversely affected; (iii) is for multi-media streaming, continuous data transmission or broadcasts, automatic data feeds, peer-to-peer (P2P) file sharing, voice over Internet protocol or any other application which uses excessive network capacity that is not made available to End User by FARMERS EDGE or the Provider; (iv) is to provide a substitute or back-up for private lines or dedicated data connections such as DSL; or (v) is to operate an email, web, server farm, news, chat or other service. (c) End User shall not (and shall not allow others to): (i) remove the SIM card from the device provided by FARMERS EDGE; (ii) use the SIM card provided by FARMERS EDGE with any device not provided through FARMERS EDGE or its authorized dealers (“Non-Farmers Edge Device”); (iii) make changes to the settings of a device or SIM card; (iv) threaten, abuse or harass any employee or representative of FARMERS EDGE or the Provider; (v) commit, attempt to commit, or allow others to commit or attempt to commit, any fraud against FARMERS EDGE or the Provider, including fraudulently obtaining Wireless Services or devices; (vi) transform outbound communications into incoming communications or otherwise attempt to avoid applicable charges; (vii) otherwise abuse the Wireless Services or flat rate or unlimited use plans, or allow others to do any of the foregoing; or (viii) resell, transfer, distribute, share or exploit for commercial purposes any Wireless Services or engage in or allow any alteration, copying, reproduction of or tampering with electronic serial numbers, or other identification, signalling signaling or transmission functions or components of the device. (d) End User must follow all other service regulations issued or adopted by FARMERS EDGE or the Provider. FARMERS EDGE or the Provider may immediately suspend, restrict, change or terminate all or part of End User’s Wireless Services and this Wireless Services Agreement and deactivate End User’s device or take other necessary actions, if FARMERS EDGE or the Provider reasonably believes there is a breach by End User of any of these “Use of Wireless Services” provisions.