Acceptable Use Policy
Last modified September 18, 2018
How you use our Products and Services (defined below) is extremely important to Lunar Labs, Inc., a Delaware corporation with offices at 3434 Russell St. #406, Detroit, MI 48207 (“us,” “we” or “Lunar”) and we are committed to maintaining a strong, meaningful, and enjoyable user experience for you and the other users of our Products and Services.
This Acceptable Use Policy (“AUP”) is designed to inform you of your proper use of (1) Lunar’s website located at https://lunarwireless.com/ (the “Site”), (2) the cellular device you purchase from Lunar (“Phone”), (3) the cellular phone software application installed on the Phone (the “App”), and (4) the wireless, data and communication services offered by Lunar through the App, including, without limitation, adding credit to your account or accessing Lunar support (collectively, “Services”). Any products and services offered by Lunar, including, without limitation, the Site, the Phone, the App and the Services shall be collectively referred to as “Products and Services.”
This AUP applies to visitors of the Site, any users of the App, Phone, or Services and any other customers of Lunar in the United States (all of whom may be referred to as “you” in this AUP).
1. You agree not to use the Services, or the Site in any way that could; (a) damage, disable or overburden any of Lunar’s servers or networks and/or networks of third parties connected to any Lunar Service, or (b) damage Lunar’s business, reputation, brands, merchant relationships or employees. Additionally, you agree that you will not resell or commercialize the Services either for profit or otherwise.
2. You agree not to use the Products and Services in the distribution of information that is considered to be a violation of Federal Communications Commission (“FCC”), Telephone Consumer Protection Act (TCPA), or any other policy, regulation or guideline governed by any municipal, state, federal office or agency, or in a way that your use could cause a security risk or a violation of privacy.
3. Failure to be in compliance with and adhere to the rules, guidelines or agreements applicable to search engines, subscription web services, chat areas, bulletin boards, web pages, applications, or other services that are accessed via links from the Site, your Phone or Services is a violation of this AUP.
4. Any other use of the Product and Services for the transmission of broadcasts, telemarketing, transmission of recorded messages, autodialed calls or other commercial uses is strictly prohibited by Lunar and could lead to suspension or termination of your account. Additionally, if you or individuals for who you purchase the Services for, or is under your control and uses the Services to support any of the activities stated in this AUP; these activities could lead to the suspension or termination of your account or theirs, at the sole discretion of Lunar.
5. The Products and Services are being provided to you specifically for, among other things, the purposes of sending and receiving email, messaging activities related to sending and receiving photographs, browsing the web along with the downloading files and non-continuous streaming of videos, among other usages. The Products and Services should never be used for (and you are strictly prohibited from) using the Products and Services for: (a) activities and actions which may adversely affect the ability of others or other systems and networks to use the Service and other parties’ mobile or Internet based resources, including but not limited to Denial of Service (DOS) attacks against another network, another network provider, host or individual user, (b) to generate excessive and/or large amounts of Internet or web based traffic through the continuous downloading and/or uploading of videos, streaming or other file types or operate any form of hosting Service(s) including but not limited to live video chat, gaming or any means of web hosting, (c) for any action that interconnects and/or connects any device to a personal computer or hot spot or other equipment for the purposes of transmitting wireless data over the Lunar network unless permitted by us, at our sole discretion and as part of your plan or Services, (d) to send and or distribute by electronic means, either solicited or unsolicited, any form of telemarketing, “junk mail,” promotional materials, marketing materials, or bulk email or bulk faxes, (e) to support or maintain continued active network connection(s) to the Internet via the use of a webcam and/or device-to-device or machine-to-machine connections that do not involve active participation by a person, (f) to in any manner disrupt email use by any other persons using either automated or manual routines such as bots, auto responders and or any other like or similar routine, (f) or for any other reason that violates or beaches our policy of providing Products and Services for individual use, as determined in our sole discretion.
6. Our basic data service is intended for your day-to-day basic smartphone and app use, but is not intended for streaming, downloading, and the use of an ongoing open connection. It does not support heavy data use. If you need to complete any of those actions, you can pay for a Streaming Pass. The Streaming Pass will increase data speeds to 512Kbps for the 30-minute period and speeds will drop back to 256Kbps thereafter. If you proceed with any streaming, downloading, and other heavy data uses without the Streaming Pass, your data speeds will be reduced to 2G speeds (under 50Kbps). The use of more than 200MB per hour, or 100MB per day for 3 consecutive days, or the use of 2GB in a 5-day period without purchase of the Streaming Pass will trigger an account review. This is to ensure that we can provide affordable and fair pricing.
7. Lunar’s text services are provided for your use only for live messaging purposes between two individuals. You are strictly prohibited from using Lunar’s text services for any form of premium SMS that uses short codes, SMS chat programs, data transmissions, monitoring services or any other form of connection(s) that do not consist of uninterrupted live messaging between two individuals. If Lunar has reasonable belief that you are using, or may be using the text service for any other purpose stated as its intended use, Lunar at its sole discretion may suspend your Services, terminate your Services, block any individual text messages or place a limit on the amount of text messages you will be able to send. Lunar does not guarantee the delivery of text messages. The maximum text length is 160 characters per text message. Any unopened text message (with or without downloaded content) will be stored on the system for a maximum period of one hundred and eighty (180) days before they are deleted.
8. You shall not use the Products and Services to post, host, transmit, or retransmit any material or content, or to create or operate a domain name that threatens, harasses, stalks or otherwise puts at risk or harms the safety and health of individuals.
9. Lunar complies with all applicable laws that are present, and shall do so in future relating to the protection of minors. This includes but is not limited to (when applicable) reporting cases of child exploitation to a state, federal agency and governmental agency, the National Center for Missing and Exploited Children or any like or similar appropriate agency or group.
10. Under no circumstances shall the Products and Services be used by you to publish, upload or download, send or receive or otherwise produce, pose, use, send, submit, transmit, distribute or store child pornography in any manner. Real or suspected violations of such should immediately be reported to Lunar by calling Customer Service at +1 (844) 835-8627 or sending an email to email@example.com. Lunar is bound by law to report any of these circumstances in the event it is known and as soon as it becomes aware to the appropriate state and federal governmental agencies and agencies including the National Center for Missing and Exploited Children. Lunar will make all best efforts to remove child pornography (or if feasible block access to the content determined to contain child pornography) immediately from our network, Phones we support and our servers.
12. Changes to This AUP. We reserve the right to make changes to this AUP, so please check back periodically for changes. You will be able to see that changes have been made by checking to see the effective date posted at the top of this AUP. If we make any significant changes to this AUP, we will notify you by email, SMS, MMS, and/or pushed messages to your Phone, post a notice of such changes on the Site or within the App, or flag this AUP on the Site.
13. Place of Business; Governing Law.The Site is delivered from, and the relationship created between you and Lunar through this AUP, is deemed to take place in Detroit, Michigan USA. This AUP is entered into and performed in Detroit (Wayne County), Michigan USA. This AUP does not give rise to personal jurisdiction over Lunar, either specific or general, in jurisdictions other than Michigan. The terms of this AUP, including their validity and enforceability, are governed by the internal substantive laws of the State of Michigan, without respect to its conflict of laws principles. Without limitation, Lunar does not represent that this AUP complies with privacy laws outside the U.S., including the European Union Data Protection Directive, the Switzerland Data Protection Law, or the Canadian Privacy Law.
14. Dispute Resolution. The parties shall attempt to resolve any disputes through good faith business negotiations or facilitative mediation in Detroit, Michigan. All disputes or claims arising out of or relating to this AUP shall be settled by arbitration, to be conducted by a single arbitrator in Detroit, Michigan, by and in accordance with the then effective commercial rules of the American Arbitration Association; provided that the arbitrator shall not have authority to issue injunctions. The costs of the arbitration and the reasonable attorneys’ fees of the prevailing party shall be included in any award rendered by the arbitrator. The proceedings shall be conducted only in the English language. Judgment upon the award may be entered in any court having jurisdiction thereof. Other legal proceedings, if any, shall be initiated and maintained in Wayne County, Michigan, or in the U.S. District Court of the Eastern District of Michigan, Southern Division. The parties expressly submit to the exclusive personal jurisdiction and venue of these courts and waive any objection on the grounds of personal jurisdiction, venue, or forum non conveniens. Please refer to our Product and Services Agreement Terms & Conditions of Service (https://lunarwireless.com/terms-of-service) for our full Dispute Resolution Policy.
15. If any portion of this AUP is found to be unenforceable, such portion will be modified to reflect the intent of the parties set forth in such portion and only to the extent necessary to make it enforceable. The remaining provisions will remain in full force and effect.
16. If you have any questions or comments about this AUP or about Lunar’s Product and Service required practices, please call us at +1 (844) 835-8627 or send an email message to firstname.lastname@example.org. You may also direct your privacy-related comments or questions to the address below:
Lunar Labs, Inc.
3434 Russell St. #406
Detroit, MI 48207