Acceptable Use Policy for Unlimited Wireless Failover

Introduction and Scope
This Acceptable Use Policy (“AUP”) of Vector Intelligent Solutions, LLC d/b/a Industry Retail Group a Vector Security Company (“IRG”) governs any use by each IRG customer (“Customer”) of any IRG wireless (“WWAN”) service plan that is classified by IRG as “Unlimited” (the “Plan”), whether or not designated as Unlimited Wireless Failover . The Plan does not and is not intended to provide for unlimited usage of IRG’s services, and each Plan Customer must conform to this AUP so as not to exceed reasonable usage of the Plan, including but not limited to any excessive usage which would cause IRG to incur additional financial costs beyond its estimated base expenses (as determined by IRG in its sole discretion).  Violations by Customer shall be determined in the sole discretion of IRG, including but not limited to deliberate and inadvertent actions by Customer resulting in any excessive usage of the Plan. Customer acknowledges and agrees that any violation of this AUP may result in cancellation or suspension of Plan service and/or financial charges to Customer which could include overage fees.

Customer agrees to comply with this AUP in connection with use of the Plan and further agrees that Customer will not authorize, encourage, promote, facilitate or instruct others to violate this AUP.

IRG may modify, update or amend this AUP from time to time by posting the updated version of this AUP at this URL or otherwise providing notice to Customer.

Use of Plan
The Plan is to be used as a secondary internet connection that is only active, for a limited duration when the primary connection has either failed or is in a state where critical connections for Customer’s business cannot operate. Permitted Plan data and information traffic that can traverse the Plan connection includes business critical applications, such as point of sale, corporate applications and e-mail, and cloud-based CRM applications.

Unacceptable Use
Each Customer agrees that Plan shall not be used for any of the following:

  • Illegal activities. These include but are not limited to theft, computer hacking, malware distribution, contravening copyrights and patents, and using illegal or unlicensed software or services.
  • Load balancing or using an active backup tunnel that causes bandwidth utilization when the primary connection is available.
  • On-demand switching to back-up connection to obtain better performance for any period of time.
  • Traffic associated with non-business critical applications, including but not limited to streaming media, customer Wi-Fi, large file transfers.
  • Any denial of service attacks, hacking activities, impersonation or misrepresentation of affiliations, phishing, spam, communication intercepts, firewall attacks, dictionary attacks, defamation, harassment or violation of the rights of any third party, interfering with or disrupting any IRG operations or services, and/or circumvention of any IRG imposed restrictions.

Breach of this AUP may be criminal or result in civil liability. If IRG is required to report any Customer activities in connection with the Plan to any legal authority, IRG reserves the right to do so without notifying Customer.

Suspension or Termination
IRG reserves the right to investigate any violation of this AUP or any misuse of the Plan, and to suspend Customer’s access to the Plan, if Customer breaches, or authorizes, encourages, promotes, facilitates or instructs others to breach, this AUP. If, in IRG’s sole discretion, IRG determines that the breach can be remedied and that it is unnecessary to suspend Customer’s access to the Plan pending remediation of the breach, IRG may notify Customer to rectify the breach within the time period that IRG specifies, and if the breach is not remedied within such time period, IRG reserve the right to suspend Customer’s access to the Plan, and/or IRG may, NOTWITHSTANDING ANY “UNLIMITED” DESIGNATION, limit or “throttle” Customer bandwidth or capacity usage or otherwise impose traffic management procedures on Customer.

As a result of any violation of this AUP, IRG may:

  • suspend service for Customer location(s) that IRG suspects is/are violating this AUP.
  • reviewing Customer firewall or router configurations to ensure proper configuration of failover for use of Plan.
  • review carrier reasons for outages (“RFOs”) for extended use periods (this includes RFOs for Customer-provided primary connections).
  • charge Customer overage fees to compensate IRG for any financial costs incurred resulting from Customer’s violation of this AUP.

IRG also reserves the right to suspend access to the Plan if the Plan or IRG’s services are threatened or impaired in whole or in part, and to modify, remove, block or disable access to or through the Plan with respect to violations of this AUP or any other agreement between Customer and IRG.

Customer agrees to immediately notify IRG if Customer becomes aware of any violation of this AUP, and that Customer will provide IRG with any assistance IRG requests to investigate, remedy or end such violation.  IRG’s rights and remedies specified in this AUP, including IRG’s suspension and termination rights, are without liability to Customer or to any third party. Such rights and remedies and Customer’s obligations specified in this AUP are cumulative and in addition to, and not in lieu of, any other rights, remedies and obligations specified herein or in any other agreement between IRG and Customer, or that are available to IRG at law or equity or otherwise.