Customer Agreements and Policies
I. Prohibited Uses and Activities
II. Customer Conduct and Features of the Service
III. Network Management and Limitations on Data Consumption
IV. Violation of this Acceptable Use Policy
V. Copyright and Digital Millennium Copyright Act Requirements
Comcast's goal is to provide its customers with the best mobile Internet service possible. In order to help accomplish this, Comcast has adopted this Acceptable Use Policy (the "Policy"). This Policy outlines acceptable use of the XFINITY Internet 2go mobile Internet service (the "Service"). This Policy is in addition to any restrictions contained in the XFINITY Internet 2go Service Agreement (the "Service Agreement") available at http://customer.comcast.com/2go. The Frequently Asked Questions ("FAQs") at http://customer.comcast.com/2go includes explanations of how Comcast implements and applies many of the provisions contained in this Policy. All capitalized terms used in this Policy that are not defined here have the meanings given to them in the Service Agreement. Please note that if you are a XFINITY Internet subscriber, the terms and policies that apply to that service are available at http://www.comcast.net/terms.
All XFINITY Internet 2go customers and all others who use the Service (the "customer," "user," "you," or "your") must comply with this Policy. Your failure to comply with this Policy could result in the suspension or termination of your Service account. If you do not agree to comply with this Policy, you must immediately stop all use of the Service and notify Comcast so that we can close your Service account.
Comcast may revise this Policy from time to time by posting a new version on the Web site at http://customer.comcast.com/2go or any successor URL(s) (the "Comcast Web site"). Comcast will use reasonable efforts to make customers aware of any changes to this Policy, which may include sending email announcements or posting information on the Comcast Web site. Revised versions of this Policy are effective immediately upon posting. Accordingly, customers of the Service should read any Comcast announcements they receive and regularly visit the Comcast Web site and review this Policy to ensure that their activities conform to the most recent version. You can send questions regarding this Policy to, and report violations of it at, http://customer.comcast.com/contact-us/. To report a child exploitation incident involving the Internet, go to http://security.comcast.net/get-help/report-a-security-threat-or-scam.aspx.
In general, the Policy prohibits uses and activities involving the Service that are illegal, infringe the rights of others, or interfere with or diminish the use and enjoyment of the Service by others. For example, these prohibited uses and activities include, but are not limited to, using the Service and the Leased Equipment, Customer Equipment, or Purchased Equipment (collectively, the "Equipment"), either individually or in combination with one another, to:
In addition to being responsible for your own compliance with this Policy, you are also responsible for any use or misuse of the Service that violates this Policy, even if it was committed by a friend, family member, or guest with access to your Service account or Equipment. Therefore, you must take steps to ensure that others do not use your account to gain unauthorized access to the Service or Equipment. In all cases, you are solely responsible for the security of any device you choose to connect to the Service, including any data stored or shared on that device. It is also your responsibility to secure the Equipment and any other equipment or programs not provided by Comcast that connect to the Service from external threats such as viruses, spam, bot nets, and other methods of intrusion.
Comcast reserves the right to refuse to transmit or post, and to remove or block, any information or materials, in whole or in part, that it, in its sole discretion, deems to be in violation of Sections I or II of this Policy, or otherwise harmful to Comcast's network or Comcast's mobile Internet suppliers or Comcast's customers using the Service, regardless of whether this material or its dissemination is unlawful so long as it is deemed by Comcast to violate this Policy. Neither Comcast nor any of its affiliates, suppliers, or agents have any obligation to monitor transmissions or postings (including, but not limited to, email, file transfer, blog, newsgroup, and instant message transmissions) made on the Service. However, Comcast and its affiliates, suppliers, and agents have the right to monitor these transmissions and postings from time to time for violations of this Policy and to disclose, block, or remove them in accordance with this Policy, the Service Agreement, and applicable law.
The mobile Internet networks that the Service uses are operated by third parties that Comcast works with to provide access to the Service. The Service connects to two different types of mobile Internet networks: a 3G (third generation) network that follows the CDMA (Code Division Multiple Access) standard, and 4G (fourth generation) network that follows the WiMAX (Worldwide Interoperability for Microwave Access) standard. Users of the Service can use the Comcast Connection Manager to determine if they are connected to either of these networks. To learn more about the Comcast Connection Manager, go to http://customer.comcast.com/2go.
Comcast's mobile Internet network suppliers manage their mobile Internet networks with one goal: to deliver the best possible mobile Internet experience to all customers. High-speed bandwidth, network, and radio frequency ("RF") resources are not unlimited, particularly in mobile Internet networks. Managing the network is essential as Comcast and its suppliers work to promote the use and enjoyment of the Internet by all of our customers. Of course, network management practices will change and evolve along with the uses of the Internet and the challenges and threats on the Internet.
Comcast does not manage or otherwise control the wireless networks that support this service, and has limited knowledge of and control over the techniques used by Comcast's Internet2Go network suppliers to address network congestion, devices, and network security. It is Comcast's understanding that these companies manage their networks to avoid network congestion based on actual customer usage of individual segments or sectors of the network in order to provide all users with sufficient bandwidth. The suppliers primarily manage their mobile Internet networks by temporarily limiting speeds or the amount of data that can be transferred until the conditions that create network congestion have passed. Comcast's mobile Internet network suppliers do not manage their mobile Internet network using protocol- or application-based methods.
For information about Comcast's Internet2Go network suppliers' network management practices, please visit their websites at www.clear.com/legal/aup and http://www.sprint.com/legal/agreement.html?INTNAV=ATG:FT:Terms.
Regardless of whether our suppliers set any limits on data consumption of the Service, Comcast reserves the right to set its own limits.
Common activities that may cause high data consumption 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. You must also ensure that your use of the Service does not restrict, inhibit, interfere with, or degrade any other person's use of the Service, nor represent (as determined by Comcast in its sole discretion) an overly large burden on the network. In addition, you must ensure that your use of the Service does not limit or interfere with Comcast's ability to deliver and monitor the Service or any part of its network.
If you use the Service in violation of the restrictions referenced above, or any restrictions we may decide to impose in the future, that will be a violation of this Policy. In these cases, Comcast may, in its sole discretion, suspend or terminate your Service account. Comcast may also provide versions of the Service with different speed and data consumption limitations, among other characteristics, subject to applicable Service plans. Comcast's determination of the data consumption for Service accounts is final.
Comcast reserves the right to immediately suspend or terminate your Service account and terminate the Service Agreement if you violate the terms of this Policy or the Service Agreement.
Comcast does not routinely monitor the activity of individual Service accounts for violations of this Policy, except for determining data consumption in connection with the data consumption provisions of this Policy. However, in the company's efforts to promote good citizenship within the Internet community, it will respond appropriately if it becomes aware of inappropriate use of the Service. Comcast has no obligation to monitor the Service and/or the network and/or the networks of Comcast's suppliers. However, Comcast and its suppliers reserve the right at any time to monitor bandwidth, usage, transmissions, and content in order to, among other things, operate the Service; identify violations of this Policy; and/or protect the network or the networks of Comcast's suppliers, the Service, and Comcast users.
Comcast prefers to inform customers of inappropriate activities and give them a reasonable period of time in which to take corrective action. Comcast also prefers to have customers directly resolve any disputes or disagreements they may have with others, whether customers or not, without Comcast's intervention. However, if the Service is used in a way that Comcast or its suppliers, in their sole discretion, believe violates this Policy, Comcast or its suppliers may take any responsive actions they deem appropriate under the circumstances with or without notice. Neither Comcast nor its affiliates, suppliers, or agents will have any liability for any of these responsive actions. These actions are not Comcast's exclusive remedies and Comcast may take any other legal or technical actions it deems appropriate with or without notice.
Comcast 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 Comcast's and its suppliers' servers and networks. During an investigation, Comcast may suspend the account or accounts involved and/or remove or block material that potentially violates this Policy. You expressly authorize and consent to Comcast and its suppliers cooperating with (i) law enforcement authorities in the investigation of suspected legal violations, and (ii) and system administrators at other Internet service providers or other network or computing facilities in order to enforce this Policy. Upon termination of your Service account, Comcast is authorized to delete any files, programs, data, email and other messages associated with your account.
The failure of Comcast or its suppliers 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.
You agree to indemnify, defend and hold harmless Comcast and its affiliates, suppliers, and agents against all claims and expenses (including reasonable attorney fees) resulting from any violation of this Policy. Your indemnification will survive any termination of the Service Agreement.
If you receive a notification of alleged infringement as described above, and you believe in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then you may send a counter notification to Comcast. Upon Comcast's receipt of a counter notification that satisfies the requirements of DMCA, Comcast will provide a copy of the counter notification to the person who sent the original notification of claimed infringement and will follow the DMCA's procedures with respect to a received counter notification. In all events, you expressly agree that Comcast will not be a party to any disputes or lawsuits regarding alleged copyright infringement.
Comcast is committed to complying with U.S. copyright and related laws, and requires all customers and users of the Service to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Service (or any part of the Service) in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the "DMCA") to report alleged infringements. It is Comcast's policy in accordance with the DMCA and other applicable laws to reserve the right to terminate the Service provided to any customer or user who is either found to infringe third party copyright or other intellectual property rights, including repeat infringers, or who Comcast, in its sole discretion, believes is infringing these rights. Comcast may terminate the Service at any time with or without notice for any affected customer or user.
Copyright owners may report alleged infringements of their works that are stored on the Comcast.net web site by sending Comcast's authorized agent a notification of claimed infringement that satisfies the requirements of the DMCA. Upon Comcast's receipt of a satisfactory notice of claimed infringement for these works, Comcast will respond expeditiously to either directly or indirectly (i) remove the allegedly infringing work(s) stored on the Comcast.net web site or (ii) disable access to the work(s). Comcast will also notify the affected customer or user of the Service of the removal or disabling of access to the work(s).
Copyright owners may send Comcast a notification of claimed infringement to report alleged infringements of their works to:
J. Opperman & M. Moleski / DMCA Notifications
Comcast Cable Communications, LLC
1800 Bishops Gate Drive
Mount Laurel, NJ 08054
Copyright owners may use their own notification of claimed infringement form that satisfies the requirements of Section 512(c)(3) of the U.S. Copyright Act. Under the DMCA, anyone who knowingly makes misrepresentations regarding alleged copyright infringement may be liable to Comcast, the alleged infringer, and the affected copyright owner for any damages incurred in connection with the removal, blocking, or replacement of allegedly infringing material.
If a notification of claimed infringement has been filed against you, you can file a counter notification with Comcast's designated agent using the contact information shown above. All counter notifications must satisfy the requirements of Section 512(g)(3) of the U.S. Copyright Act.
Effective: February 14, 2011
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