Acceptable Use Policy - Residential Customers
In order to provide high quality customer service and to insure the integrity of DOCOMO PACIFIC online™ internet service, including but not limited to any service features that may be available (e.g., electronic mail, portal components, video mail, home networking, etc.) and any equipment used to provide DOCOMO PACIFIC online internet service (collectively "service"), DOCOMO PACIFIC has adopted this acceptable use policy ("policy"). This policy, including its use restrictions, is in addition to the restrictions contained in the DOCOMO PACIFIC online internet subscriber agreement. Please read this acceptable use policy prior to accessing the service. The word "customer" is used herein to refer to any individual who subscribes to the service. By using the service, customer agrees to the terms of this acceptable use policy. DOCOMO PACIFIC reserves the right to immediately suspend or terminate the customer's account or to undertake network management actions described herein without notice, at our sole discretion, if customer or others who use customer's account violate this acceptable use policy. DOCOMO PACIFIC also reserves the right to immediately remove any material or information that violates this policy for any reason whatsoever at DOCOMO PACIFIC's sole discretion without prior notice. By using the service, customer agrees to abide by, and require others using the service through customer's account to abide by, the terms of this acceptable use policy. DOCOMO PACIFIC regularly updates and amends this acceptable use policy and customer should consult DOCOMO PACIFIC's website to be sure customer remains in compliance. If customer does not agree to be bound by these terms, customer should immediately stop the use of the services and notify the DOCOMO PACIFIC customer service department so that customer's account may be closed. Customer's continued use of the service will constitute customer's acceptance of and agreement to this policy and any posted amendments to this policy.
The Service is designed for personal and family use (residential use only) within a single household. Customer agrees that only Customer and co-residents living in the same household will use the Service. The term "single household" means Customer's home and includes an apartment, condominium, flat or other residential unit that may be used as a residence in any multiple dwelling units. The Service is being provided solely for residential use in customer's household and any unauthorized access by a third party to e-mail, Internet access, or any other function of the Service relieves DOCOMO PACIFIC of any affirmative obligations it may have, and is in violation of this Policy and the DOCOMO PACIFIC Internet Residential Customer Agreement. Customer is responsible for any misuse of the Service that occurs through customer's account, whether by a member of Customer's household or an authorized or unauthorized third-party. Customer may set up one (1) web page per service account for personal use of the Service. Customer will not use, or allow others to use, the Service to operate any type of business or commercial enterprise, including, but not limited to, IP address translation or similar facilities intended to provide additional access. Customer will not advertise that the Service is available for use by third parties or unauthorized users. Customer will not resell or redistribute, or allow others to resell or redistribute, access to the Service in any manner, including, but not limited to, wireless technology. DOCOMO PACIFIC reserves the right to disconnect or reclassify the Service to a higher grade or to immediately suspend or terminate the Service for failure to comply with any portion of this provision or this Policy, without prior notice. DOCOMO PACIFIC owns any and all e-mail addresses associated with the Service, and reserves the right to reclaim any such e-mail address at any time and for any reason. Any violation of this Policy may lead to prosecution under state and/or federal law.
No Illegal Or Fraudulent Use
Customer will not use, or allow others to use, the Service to violate any applicable federal, state, local or international laws or regulations or to promote illegal activity, including, but not limited to, the Children's Online Privacy Protection Act, posting or transmitting child pornography or obscene material, gambling, the offering for sale of illegal weapons or substances, the promotion or publication of any material that may violate hate crime laws, or by exporting software or technical information in violation of U.S. export control laws. Customer will not use, or allow others to use, the Service to commit a crime, act of terrorism or fraud, or to plan, encourage or help others to commit a crime or fraud, including, but not limited to, acts of terrorism, engaging in a pyramid or Ponzi scheme, or sending chain letters that request money or other items of value.
No Copyright Or Trademark Infringement
Customer will not use, or allow others to use, the Service to send or receive, or otherwise use any information which infringes the patents, trademarks, copyrights, trade secrets or proprietary rights of any other person or entity. This includes, but is not limited to, digitization of music, movies, photographs or other copyrighted materials or software. Customer must obtain appropriate authorization from such other person or entity prior to sending, receiving or using such materials. Customer represents and warrants that Customer is the author and copyright owner and/or authorized licensee with respect to any hosted content and Customer further represents and warrants that no hosted content violates the trademark, copyright, domain name or intellectual property rights of any third party. DOCOMO PACIFIC assumes no responsibility, and Customer assumes all risks regarding the determination of whether material is in the public domain, or may otherwise be used for such purposes.
No Threats, Harassment Or Tortious Conduct
Customer will not use, or allow others to use, the Service to post or transmit any material that threatens or encourages bodily harm or destruction of property or which harasses, abuses, libels, defames, slanders, or otherwise constitutes tortuous conduct.
No Harm To Minors
Customer will not use, or allow others to use, the Service to harm or attempt to harm a minor, including but not limited to using the Service to send pornographic, obscene or profane materials involving minors.
Customer will not use, or allow others to use, the Service to send unsolicited messages or materials, bulk e-mail, or other forms of solicitation ("spamming"). DOCOMO PACIFIC reserves the right, in DOCOMO PACIFIC's sole discretion, to determine whether such posting or transmission constitutes unsolicited messages or materials. Forging, altering, or removing electronic mail headers is prohibited. Deceiving any recipient as to the identity of the sender through any process is prohibited. Customer may not, or allow others to, reference DOCOMO PACIFIC or the DOCOMO PACIFIC network in any email in an attempt to mislead the recipient.
Customer will not use, or allow others to use, the Service to access the accounts of others or to attempt to penetrate security measures of the Service or other computer systems ("hacking") or to cause a disruption of the Service to other on-line users. This includes, but is not limited to, achieving or attempting to achieve, or assisting others in achieving or attempting to achieve, any unauthorized access to any computer, cable or telecommunications system, network, software, data, information, or any other proprietary material. Customer will not use, or allow others to use, tools designed for compromising network security, such as password-guessing programs, cracking tools, packet sniffers or network probing tools. In addition, Customer will not participate in, or allow others to participate in, the collection of e-mail addresses, screen names, or other identifiers of others (without their prior consent), a practice known as spidering or harvesting, or participate in the use of software (including "adware" or "spyware") designed to facilitate this activity.
No System Disruption
Customer will not use, or allow others to use, the Service to disrupt DOCOMO PACIFIC's network or computer equipment owned by DOCOMO PACIFIC or other DOCOMO PACIFIC customers. This includes, but is not limited to, improperly interfering with, inhibiting, degrading, or restricting the use and operation of the Service by others, sending or receiving excessive data transfers (as determined in DOCOMO PACIFIC 's reasonable discretion) for the package or tier of service to which Customer subscribes or modifying or altering in any manner any modem or modem configuration so as to allow its use beyond the parameters outlined by the specific level of service to which Customer subscribes. Any static or dynamic IP address must be specifically authorized and provisioned by DOCOMO PACIFIC. Altering any IP address provisioned by DOCOMO PACIFIC or otherwise cloning another user's IP address is prohibited. Customer also agrees that Customer will not use, or allow others to use, the Service to disrupt other Internet Service Providers ("ISPs") or services, including, but not limited to, e-mail bombing or the use of mass mailing programs. Customer may not use bandwidth in excess of that associated with the package or tier of service to which Customer subscribes. In addition, Customer will not, or allow others to, alter, modify, service, or tamper with the DOCOMO PACIFIC Equipment or Service or permit any other person to do the same who is not authorized by DOCOMO PACIFIC.
Customer is solely responsible for the security of any device connected to the Service, including any data stored on that device. DOCOMO PACIFIC recommends that Customer take appropriate security precautions for any systems connected to the Service. Customer is responsible for securing any wireless ("WiFi") networks connected to the Service. Any wireless network installed by Customer or a DOCOMO PACIFIC representative that is unsecured or "open" and connected to the DOCOMO PACIFIC network will be deemed to be operating as an ISP and subject to the prohibition on commercial use set forth in Section 1 above.
No Impersonation or Forgery
Customer will not, or allow others to, impersonate another user, falsify one's user name, company name, age or identity in e-mail or in any post or transmission to any newsgroup or mailing list or other similar groups or lists, or knowingly or unknowingly create or use an e-mail address that has the effect of being misleading. Customers will not, or allow others to, forge, alter, or remove any message header of any electronic transmission, originating or passing through the Service. Customers will not, or allow others to, forge anyone else's digital or manual signature.
No Abuse Of Newsgroups
Use Of Chat Rooms And Similar Interactive Programs
Customer will not, or allow others to, participate in chat rooms, bulletin boards, discussion groups or other interactive sections of the Internet ("Chat Rooms") that Customer or a person using Customer's service has been banned from using. Customers will not, nor allow others to, violate the acceptable use policy of the server or Chat Room. In addition, Customer will not, or allow others to: flood or scroll such Chat Rooms (sending messages or material in quick succession with the intent to disrupt use of such Chat Rooms by others); use automated programs such as "bots" or "clones" to participate in Chat Rooms unless Customer is physically present at Customer's computer; manipulate any Chat Room server to harass or disconnect other Internet users or to gain privileges that Customer is not entitled to; send Chat Room messages to recipients who have indicated their desire not to receive such messages; or forge alter, or hide Customer's identity.
DOCOMO PACIFIC manages its network to deliver the best possible service to all of our customers. This is necessary because high-speed bandwidth and network resources are not unlimited. Additionally, if we did not manage our network, our customers would be subject to the negative effects of "spam," viruses, security attacks, network congestion, and other risks and degradations of service. To address these risks, DOCOMO PACIFIC uses reasonable network management practices with the goal of relieving network congestion and ensuring that all customers have the opportunity to use the Service with the best available results. DOCOMO PACIFIC uses tools that it considers to be the least disruptive to the customer experience. In the case of significantly high bandwidth usage causing congestion (regardless of the usage type or format), DOCOMO PACIFIC may temporarily reduce the available bandwidth to those customers identified as using such high amounts of bandwidth as necessary to reduce bandwidth congestion. This may cause high bandwidth users to temporarily experience slower Service speeds, but specific network traffic is not targeted for restriction during these times. While DOCOMO PACIFIC does not guarantee that the network will never experience disruptions, we believe our network management techniques are among the best available for assuring a good customer experience. Of course, DOCOMO PACIFIC's network management practices will change and evolve, along with the uses of the Internet and the challenges and threats on the Internet.
No Excessive Use Of Bandwidth
This Service is for residential use and only within limits that DOCOMO PACIFIC considers reasonable for the service level to which Customer subscribes.
Current Plan Offerings
Online Service Online Data Usage Cap 20.0 Mbps (Value) 500 GB 50.0 Mbps (Premium) 750 GB 75.0 Mbps (Extreme) 1.25 TB 100 Mbps (Extreme Pro) 2 TB
*Basic Plan Offerings – Only available with Basic Triple Play or Quad Basics
Online Service Online Data Usage Cap *5.0 Mbps 250 GB *10.0 Mbps 400 GB
**Legacy Plans – No longer available
Online Service Online Data Usage Cap **3.0 Mbps 200 GB **15.0 Mbps 350 GB **30.0 Mbps 500 GB **60.0 Mbps 1 TB
DOCOMO PACIFIC reserves the right to revise or implement additional usage limits at any time. It is a violation of this Policy to use the Service in excess of these limits. In these cases, DOCOMO PACIFIC may, in its sole discretion, notify Customer of excessive use and (i) request Customer to employ corrective or self-limiting actions to comply with this provision; (ii) suspend or terminate Customer's Service account; or (iii) request that Customer subscribe to a version of the Service (such as a commercial grade Internet service, if appropriate) for use at higher data consumption levels that align with Customer's usage patterns. DOCOMO PACIFIC's determination of the data consumption for Service accounts is final. Customers will be charged $.20 per gigabyte for every Gigabyte over the threshold set by their level of service.
Acceptable Use Policy, Effective 11 February 2013