Acceptable Use Policy

Introduction

Noble Mobile is at all times committed to complying with the laws and regulations governing use of the Internet, e-mail transmission and text messaging and preserving for all of its Customers the ability to use Noble Mobile's network and the Internet without interference or harassment from other users. The Noble Mobile Acceptable Use Policy ("AUP") is designed to help achieve these goals.

By using IP Service(s), as defined below, Customer(s) agrees to comply with this Acceptable Use Policy and to remain responsible for its users. Noble Mobile reserves the right to change or modify the terms of the AUP at any time, effective when posted on Noble Mobile's web site at www.noblemobile.com. Customer's use of the IP Service(s) after changes to the AUP are posted shall constitute acceptance of any changed or additional terms.

Scope of the AUP

The AUP applies to the Noble Mobile services that provide (or include) access to the Internet, including wireless data networks (collectively "IP Services").

Prohibited Activities

General Prohibitions:

Noble Mobile prohibits use of the IP Services in any way that is unlawful, harmful to or interferes with use of Noble Mobile's network or systems, or the network of any other provider, interferes with the use or enjoyment of services received by others, infringes intellectual property rights, results in the publication of threatening or offensive material, or constitutes Spam/E-mail/Usenet abuse, a security risk or a violation of privacy.

Failure to adhere to the rules, guidelines or agreements applicable to search engines, subscription Web services, chat areas, bulletin boards, Web pages, USENET, applications, or other services that are accessed via a link from the Noble Mobile-branded website or from a website that contains Noble Mobile-branded content is a violation of this AUP.

Unlawful Activities:

IP Services shall not be used in connection with any criminal, civil or administrative violation of any applicable local, state, provincial, federal, national or international law, treaty, court order, ordinance, regulation or administrative rule.

Violation of Intellectual Property Rights:

IP Service(s) shall not be used to publish, submit/receive, upload/download, post, use, copy or otherwise reproduce, transmit, re-transmit, distribute or store any content/material or to engage in any activity that infringes, misappropriates or otherwise violates the intellectual property rights or privacy or publicity rights of Noble Mobile or any individual, group or entity, including but not limited to any rights protected by any copyright, patent, trademark laws, trade secret, trade dress, right of privacy, right of publicity, moral rights or other intellectual property right now known or later recognized by statute, judicial decision or regulation.

Threatening Material or Content:

IP Services shall not be used to host, post, transmit, or re-transmit any content or material (or to create a domain name or operate from a domain name), that harasses, or threatens the health or safety of others. In addition, for those IP Services that utilize Noble Mobile provided web hosting, Noble Mobile reserves the right to decline to provide such services if the content is determined by Noble Mobile to be obscene, indecent, hateful, malicious, racist, defamatory, fraudulent, libelous, treasonous, excessively violent or promoting the use of violence or otherwise harmful to others.

Inappropriate Interaction with Minors:

Noble Mobile complies with all applicable laws pertaining to the protection of minors, including when appropriate, reporting cases of child exploitation to the National Center for Missing and Exploited Children. For more information about online safety, visit www.ncmec.org.

Child Pornography:

IP Services shall not be used to publish, submit/receive, upload/download, post, use, copy or otherwise produce, transmit, distribute or store child pornography. Suspected violations of this prohibition may be reported to Noble Mobile at the following e-mail address: support@noblemobile.com. Noble Mobile will report any discovered violation of this prohibition to the National Center for Missing and Exploited Children and take steps to remove child pornography (or otherwise block access to the content determined to contain child pornography) from its servers.

Spam/E-mail/Usenet Abuse:

Violation of the CAN-SPAM Act of 2003, or any other applicable law regulating e-mail services, constitutes a violation of this AUP.

Spam/E-mail or Usenet abuse is prohibited using IP Services. Examples of Spam/E-mail or Usenet abuse include but are not limited to the following activities:

sending multiple unsolicited electronic mail messages or "mail-bombing" – to one or more recipient;
sending unsolicited commercial e-mail, or unsolicited electronic messages directed primarily at the advertising or promotion of products or services;
sending unsolicited electronic messages with petitions for signatures or requests for charitable donations, or sending any chain mail related materials;
sending bulk electronic messages without identifying, within the message, a reasonable means of opting out from receiving additional messages from the sender;
sending electronic messages, files or other transmissions that exceed contracted for capacity or that create the potential for disruption of the Noble Mobile network or of the networks with which Noble Mobile interconnects, by virtue of quantity, size or otherwise;
using another site's mail server to relay mail without the express permission of that 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 or to conduct any of the activities prohibited by this AUP;
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;
sending messages that are harassing or malicious, or otherwise could reasonably be predicted to interfere with another party's quiet enjoyment of the IP Services or the Internet (e.g., through language, frequency, size or otherwise);
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;
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;
using redirect links in unsolicited commercial e-mail to advertise a website or service;
posting a message to more than ten (10) online forums or newsgroups, that could reasonably be expected to generate complaints;
intercepting, redirecting or otherwise interfering or attempting to interfere with e-mail intended for third 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.

Security Violations

Customers are responsible for ensuring and maintaining security of their systems and the machines that connect to and use IP Service(s), including implementation of necessary patches and operating system updates.

IP Services may not be used to interfere with, gain unauthorized access to, or otherwise violate the security of Noble Mobile's (or another party's) server, network, network access, personal computer or control devices, software or data, or other system, or to attempt to do any of the foregoing. Examples of system or network security violations include but are not limited to:

unauthorized monitoring, scanning or probing of network or system or any other action aimed at the unauthorized interception of data or harvesting of e-mail addresses;
hacking, attacking, gaining access to, breaching, circumventing or testing 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 or secretly or deceptively obtaining personal information of third parties (phishing, etc.);
using any program, file, script, command or transmission of any message or content of any kind, designed to interfere with a terminal session, the access to or use of the Internet or any other means of communication;
distributing or using tools designed to compromise security (including but not limited to SNMP tools), including cracking tools, password guessing programs, packet sniffers or network probing tools (except in the case of authorized legitimate network security operations);
knowingly uploading or distributing files that contain viruses, spyware, Trojan horses, worms, time bombs, cancel bots, corrupted files, root kits or any other similar software or programs that may damage the operation of another's computer, network system or other property, or be used to engage in modem or system hi-jacking;
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 Customer's account to stay logged on while Customer is not actively using the IP Services or using such account for the purpose of operating a server of any type;
using manual or automated means to avoid any use limitations placed on the IP Services;
providing guidance, information or assistance with respect to causing damage or security breach to Noble Mobile's network or systems, or to the network of any other IP Service provider;
failure to take reasonable security precautions to help prevent violation(s) of this AUP.

Customer Responsibilities

Customers remain solely and fully responsible for the content of any material posted, hosted, downloaded/uploaded, created, accessed or transmitted using the IP Services. Noble Mobile has no responsibility for any material created on the Noble Mobile's network or accessible using IP Services, including content provided on third-party websites linked to the Noble Mobile network. Such third-party website links are provided as Internet navigation tools for informational purposes only, and do not constitute in any way an endorsement by Noble Mobile of the content(s) of such sites.

Customers are responsible for taking prompt corrective action(s) to remedy a violation of AUP and to help prevent similar future violations.

AUP Enforcement and Notice

Customer's failure to observe the guidelines set forth in this AUP may result in Noble Mobile taking actions anywhere from a warning to a suspension or termination of Customer's IP Services. When feasible, Noble Mobile may provide Customer with a notice of an AUP violation via e-mail or otherwise allowing the Customer to promptly correct such violation.

Noble Mobile reserves the right, however, to act immediately and without notice to suspend or terminate affected IP Services in response to a court order or government notice that certain conduct must be stopped, or when Noble Mobile reasonably determines that the Customer's use of the affected IP Services may: (1) expose Noble Mobile to sanctions, prosecution, civil action or any other liability; (2) cause harm to or interfere with the integrity or normal operations of Noble Mobile's network or networks with which Noble Mobile is interconnected; (3) interfere with another Noble Mobile Customer's use of IP Services or the Internet; (4) violate any applicable law, rule or regulation; or (5) otherwise present an imminent risk of harm to Noble Mobile or Noble Mobile Customers.

Noble Mobile respects the intellectual property rights of others. The Digital Millennium Copyright Act of 1998 (the "DMCA" found at 17 U.S.C. § 512) provides that owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may report alleged infringements to service providers like Noble Mobile. In accordance with the DMCA and other applicable laws, Noble Mobile maintains a policy that provides for the termination of IP Services, under appropriate circumstances, if Customers are found to be a repeat infringer and/or if Customers' IP Services are used repeatedly for infringement (the "Repeat Infringer Policy"). Noble Mobile may terminate IP Services at any time with or without notice to Customers.

Noble Mobile has no obligation to investigate possible copyright infringements with respect to materials transmitted by Customer or any other users of the IP Services. However, Noble Mobile will process valid notifications of claimed infringement under the DMCA, and continued receipt of infringement notifications for Customer's account will be used as a factor in determining whether Customer is a repeat infringer. In addition, Noble Mobile may voluntarily participate, on terms acceptable to Noble Mobile, in copyright alert and graduated response programs.

Incident Reporting

Any complaints (other than claims of copyright infringement) regarding violation of this AUP by an Noble Mobile Customer (or its user) should be directed to support@noblemobile.com. Where possible, include details that would assist Noble Mobile in investigating and resolving such complaint (e.g., expanded headers, IP address(s), a copy of the offending transmission and any log files).

DMCA Copyright Notifications:

Pursuant to 17 U.S.C. §§ 512(b)–(d), a copyright holder may send Noble Mobile a valid notification of claimed copyright infringement under the DMCA. For further information regarding such notifications, see www.noblemobile.com/agreements/terms-conditions. Noble Mobile's designated agent to receive notifications of claimed infringement as described in DMCA subsection 512(c)(3) is:

Registered Copyright Agent
E-mail: operations@noblemobile.com

Due to the substantial volume of notifications of claimed infringement that Noble Mobile receives and processes, we are unable to accept notices of alleged copyright infringement via this designated agent or email address other than notifications of claimed infringement sent pursuant to Sections 512(b)–(d).

Noble Mobile also provides transitory digital network communications services, pursuant to 17 U.S.C. § 512(a). In connection with such services, Noble Mobile provides an online form that copyright holders should use to send notifications related to alleged copyright infringement by its users based on the standards of the Automated Copyright Notice System (ANCS). Copyright holders should use this online form to submit complaints related to alleged peer-to-peer file sharing (i.e. sharing media files via peer-to-peer networking technology), or other forms of copyright notice other than those sent pursuant to Sections 512(b)–(d) of the DMCA ("ISP Conduit Notices"). By submitting complaints using this online form, we are able to more efficiently manage and process ISP Conduit Notices. Due to the substantial volume of copyright notices that Noble Mobile receives, we are unable to guarantee processing of ISP Conduit Notices that are sent by other means.

Contact Information: operations@noblemobile.com

Any notification that Noble Mobile sends to its Customers pursuant to this AUP will be sent via e-mail to the e-mail address on file with Noble Mobile, or may be in writing to Customer's address of record. It is Customer's responsibility to promptly notify Noble Mobile of any change of contact information.

Noble Mobile reserves the right to periodically review usage levels, including voice and data usage, of Noble Mobile Service plans (“Noble Mobile Plans” or “Plan”) to ensure that you are not using a Noble Mobile Plan in a manner that we consider, in our sole discretion, to be in violation of this AUP or the terms of the Nobile Mobile Plans), and if such an abuse or violation is discovered to terminate or adjust the plan as appropriate. In addition, data speeds may be slowed and/or deprioritized for subscribers who we determine (in our sole discretion) have violated this Acceptable Use Policy. You agree to use the voice portion of your Noble Mobile Plan for traditional voice calls between two individuals of a duration comparable to that of the average individual customer presently utilizing a Noble Mobile Plan and will not employ methods, devices or procedures to take advantage of your Noble Mobile Plan by using the plan excessively or for means not intended by Noble Mobile. Excessive use of the voice portion of your Noble Mobile Plan is defined by Noble Mobile as use that materially exceeds the average call volume or duration used by all other Noble Mobile customers that have purchased a Noble Mobile Plan. You further agree to use the data portion of your Noble Mobile Plan for traditional Web browsing, messaging, and similar activities on the Device (as defined in the Noble Mobile Plans Terms & Conditions), and will not employ methods, devices or procedures to take advantage of your Noble Mobile Plan by using the plan excessively or for means not intended by Noble Mobile, in violation of any of the prohibitions above or below. Noble Mobile may terminate your Service or change your Service plan if, in its sole discretion, Noble Mobile determines that your use of your Noble Mobile Plan violates any of these prohibitions or is otherwise “unreasonable” or results in abuse of the Noble Mobile Plan.

We consider your use of one of our Noble Mobile Plans to be “unreasonable” or “abusive” and therefore subject to immediate termination or adjustment if, among other things, we determine in our sole discretion that you have done (or, based on other types of behavior, you may do) any of the following:

re-sell, re-brand, re-supply, re-market or commercially exploit a Noble Mobile Plan;
set up routing functionality such that only outbound long-distance traffic is sent over the Noble Mobile Plan;
engage in excessive roaming of any kind (including voice and/or data) outside of Noble Mobile’s supplier’s network, including but not limited to extended international roaming, using the Noble Mobile service while residing outside the U.S., and/or any other usage we deem inconsistent with reasonable personal use patterns primarily within the U.S.;
abuse any promotional or other terms and conditions, including without limitation by misrepresenting your status as a “new customer:;
engage in any other conduct which is fraudulent or otherwise may result in significant network congestion or degradation, or interferes with our operations, reputation or ability to provide quality service to our customers, including without limitation any number of credit card “chargebacks” and/or excessive purchases (and/or attempted purchases) of products and/or services relating to your Noble Mobile Plan in any given month;
engage in autodialing;
engage in continuous, repetitive or extensive call forwarding;
engage in continuous call session connectivity, including the use of a Noble Mobile Plan for continuous mobile to mobile or mobile to landline voice calls;
engage in telemarketing;
use your Noble Mobile Plan as a substitute or backup for private lines or dedicated data connections;
use your Noble Mobile Plan for automated text or picture messaging to another mobile device or email address;
upload, download or stream continuous video or audio;
“spam” or engage in other abusive or unsolicited communications, or any other mass, automated voice or data communications for commercial or marketing purposes;
use your Noble Mobile Plan in connection with server devices or host computer applications, including continuous Web camera posts or broadcasts, automatic data feeds, automated machine to machine connections, voice or SMS relay, or peer to peer (P2P) file sharing;
use your Noble Mobile Plan in connection with software or other devices that maintain continuously active Internet connections when a computer’s connection would otherwise be idle, or “keep alive functions (e.g., using a Noble Mobile Plan for Web broadcasting, operating servers, telemetry devices and/or supervisory control and data acquisition devices);
use your Noble Mobile Plan to relay voice calls and text or picture messages not originated from your Noble Mobile device; or
engage in any other activity that would be inconsistent with reasonable personal use patterns primarily within the U.S., causes network congestion, interferes with our operations, and/or jeopardizes the integrity of Noble Mobile’s supplier’s network.

Lawful purposes only. You may use the Noble Mobile Service for lawful, proper and appropriate purposes. You may not use our Service or your Device in any way that is illegal, improper or inappropriate. A non-exhaustive list of examples of illegal, improper or inappropriate uses of our Service includes:

Interfering with our ability to provide Service to you or other customers, or avoiding your obligation to pay for the Service within the time frame designated for payment.
Use of the Service to threaten, abuse, harass, defame, deceive, defraud, interfere or invade another’s privacy or engage in any similar behavior.
Use of the Service for: auto-dialing; continuous, repetitive or extensive call forwarding; telemarketing (including charitable or political solicitation or polling); or fax or voicemail broadcasting or blasting.
Use of the Service to: impersonate another person; send bulk unsolicited messages; or use robots, data mining techniques, or other automated devices or programs to catalog, download, store, or otherwise reproduce or distribute information from our Service or use any automated means to manipulate our Service.
Violate any law, rule, or regulation; violate any third party’s intellectual property or personal rights; or exceed your permitted access to our Service.
Use of the Service for transmitting or receiving any communication or material of any kind which would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law or encourage conduct that would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law.
Use of the Service to access, or attempt to access without authority, the information, accounts or devices of others, or to penetrate, or attempt to penetrate, Noble Mobile’s or its network supplier’s network or systems.
Use of the Service to generate or disseminate viruses, malware or “denial of service” attacks.

International Long Distance Service. Noble Mobile offers unlimited talk and text to over 80 different countries. For the rest of the world, you may reach a talk / text limit. If that limit is reached, talk/text will not be available and you will receive a text from Noble Mobile directing you to call our Member Services line and purchase more minutes, at your sole discretion. In such event, the international talk/text count will automatically reset when your next 30-day Service term begins, unless you purchase a new Noble Mobile Plan prior to the start of your next Service term. Please visit the Noble Mobile website to learn more about the specific features and offerings regarding any international long distance services we may provide. All international long distance services included in our Service plans are handled by a third party not affiliated with Noble Mobile, and are delineated on your receipts separately from the services provided by Noble Mobile.

Right of Termination. In addition to Noble Mobile’s right to terminate Service for non-payment, Noble Mobile reserves the right to terminate the Service immediately and without advance notice if Noble Mobile, in its sole discretion, believes that you have violated any of the above restrictions, leaving you responsible for all charges, including without limitation unbilled charges, all of which become immediately due and payable.

Monitoring. We may monitor the use of the Noble Mobile Service for violations of this AUP and the other materials that make up your Agreement with us. We may, without liability, remove or block all communications if we suspect a violation of this AUP or any other materials that make up your Agreement with us, or if we think it necessary in order to protect our Service, Noble Mobile or its network supplier, and/or their respective parents, affiliates, directors, officers, agents, and employees from harm.

Providing information to authorities and third parties. If we believe that you have used the Noble Mobile Service for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You consent to our forwarding of any such communications and information to these authorities. In addition, we may disclose your name, telephone number, credit card information, and other personal information, any communications sent or received by you, and any other information that we may have about your account, including but not limited to, types of service, length of service, MAC address(es), IP address(es), email address(es), registered 911 address, and all other account information, as follows: in response to law enforcement or other governmental agency requests; as required by law, regulation, rule, subpoena, search warrant, or court order; as necessary to identify, contact, or bring legal action against someone who may be misusing the Service; to protect Noble Mobile’s rights and property; or in emergency situations where disclosure of such information is necessary to protect Noble Mobile customers or third parties from imminent harm.

No Transfer of Service. You may not resell or transfer your Service or provide a telephone service to anyone else by using your Noble Mobile Service or features of your Noble Mobile Service.

No Alterations or Tampering. If you copy or alter or have someone else copy or alter the firmware or software in any way that facilitates a compromise of your Service, you are responsible for any charges that result. You may not attempt to hack or otherwise disrupt our Service or make any use of our Service that is inconsistent with its intended purpose.

Theft of Service. You may not use or obtain our Service in any manner that avoids Noble Mobile policies and procedures. You will notify us immediately in writing if you believe that your Service is being stolen, fraudulently used, or otherwise being used in an unauthorized manner. When you notify us of one of these events, you must provide your account number and a detailed description of the circumstances of the theft, fraudulent use, or unauthorized use of Service. If you fail to notify us in writing in a timely manner, we may disconnect your Service and levy additional charges on you. Until you notify us in writing, you will remain liable for all use of our Service stolen from you and any and all stolen, fraudulent or unauthorized use of the Service up through the date notice is received by Noble Mobile.

Acceptable Use Policy

AGREEMENTS

LEARN MORE

STAY IN TOUCH

CONTACT US