Acceptable Use Policy

Acceptable Use Policy

Last Updated: 8/16/2024

1. Mingle Mobile Plans. Your Mingle Mobile Service is provided by Mingle Mobile, LLC, including its affiliates, assigns, and agents (“Mingle Mobile,” “Mingle,” “we,” “us” or “our”). Mingle Mobile reserves the right to periodically review usage levels, including voice and data usage, of Mingle Mobile Service plans (“Mingle Mobile Plans”) to ensure that you are not using a Mingle Mobile Plan in a manner that we consider, in our sole discretion, to be in violation of this Acceptable Use Policy (“AUP”), 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 Sections 3 or 4 of this Acceptable Use Policy. You agree to use the voice portion of your Mingle Mobile Plan for traditional voice calls between two individuals of a duration comparable to that of the average individual customer presently utilizing a Mingle Mobile Plan and will not employ methods, devices, or procedures to take advantage of your Mingle Mobile Plan by using the plan excessively or for means not intended by Mingle Mobile. You further agree to use the data portion of your Mingle Mobile Plan for traditional web browsing, messaging, and similar activities on the Device, and will not employ methods, devices, or procedures to take advantage of your Mingle Mobile Plan by using the plan excessively or for means not intended by Mingle Mobile, in violation of any of the prohibitions above or below. Mingle Mobile may terminate your Service or change your Service plan if, in its sole discretion, Mingle Mobile determines that your use of your Mingle Mobile Plan violates any of these prohibitions or is otherwise “unreasonable” or results in abuse of the Mingle Mobile Plan.

2. International Long-Distance Service. Mingle Mobile may limit the number of unique international phone numbers your phone will be allowed to call to 20 unique international phone numbers per 30-day Service term, based on the international destinations covered by your plan. In such an event, the 20 unique international numbers count will automatically reset when your next 30-day Service term begins, unless you purchase a new Mingle Mobile Plan prior to the start of your next Service term. Please visit the Mingle Mobile website to learn more about the specific features and offerings regarding any international long-distance services we may provide.

3. 
   
   Prohibited Use. We consider your use of one of our Mingle 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 Mingle Mobile Plan, including in a way that creates, or appears to create a new "brand" of wireless service;
• Unlock, re-flash, root, tamper with, alter, or otherwise modify your Mingle Mobile Device or its software without authorization;
• Modify the Service in any manner, including, but not limited to, combining to include any Mingle Mobile or third-party products, services, features or functionalities that are not included in the Service standing alone;
• If your Device has a SIM card, without authorization, remove the SIM card, place the SIM card in another Device, or alter, bypass, copy, deactivate, reverse-engineer, or otherwise circumvent or reproduce the stored encoded information stored or the encryption mechanisms of the SIM card;
• Install, deploy, or use any regeneration equipment or similar mechanism (e.g., a repeater or signal booster) to originate, amplify, enhance, retransmit, or regenerate a transmitted radiofrequency signal, unless authorized by Mingle Mobile;
• Tether your Device to another device, computer, modem, or other equipment for the purpose of using the data Service, except as required by federal or state law or regulation, or as expressly described to you in writing or the terms of your service plan;
• Set up routing functionality such that only outbound long-distance traffic is sent over the Mingle Mobile Plan;
• 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 Mingle 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 Mingle Mobile Plan for continuous mobile to mobile or mobile to landline voice calls;
• Engage in telemarketing;
• Use your Mingle Mobile Plan as a substitute or backup for private lines or dedicated data connections;
• Use your Mingle Mobile Plan for automated text or picture messaging to another mobile device or email address;
• Upload, download or stream continuous video or audio; use applications that automatically consume disproportionate amounts of network resources, are designed for unattended use, operate as automatic data feeds, constitute automated machine-to-machine connections, or are used in a way that degrades network capacity or functionality; use the Services in connection with server devices or to operate a hosting service; use the Services as the functional equivalent of a private or dedicated access line or an access point for intra-company private branch exchange services; maintain open lines of communication for extended periods of time (e.g., baby monitoring or other monitoring services); and place or receive an abnormally high number of calls or repeatedly place or receive calls which result in abnormally long call lengths or high costs, including operating a dispatch service, excessive use of multi-party calling features or separate calls that are not bridged together, and excessive use of single party or multi-party chat line services;
• “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 Mingle 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 Mingle 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 Mingle Mobile Plan for web broadcasting, operating servers, telemetry devices and/or supervisory control and data acquisition devices);
• Use your Mingle Mobile Plan to relay voice calls and text or picture messages not originated from your Mingle Mobile device;

• Use the network for any and all activities that are designed to generate traffic to increase the intercarrier compensation billed to Mingle Mobile, including to dial telephone numbers associated with free conference calls, free chat lines, or similar services that are used for traffic pumping/access stimulation;

• Infringe or otherwise violate any intellectual property rights or other proprietary rights including, without limitation, material protected by copyright, trademark, patent, trade secret, or other intellectual property right, which may result from the unauthorized copying, distribution, posting, editing, or modifying of pictures, logos, software, articles, musical works, and videos;

• Engage in conduct or dissemination of content that is unlawful, libelous, slanderous, defamatory, obscene, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, inciting unlawful or violent acts, or otherwise objectionable;

• Engage in any fraudulent activity, including, but not limited to: (1) conducting fraudulent business operations and practices; (2) offering or disseminating fraudulent goods, services, schemes, or promotions (e.g., make-money-fast schemes, chain letters, and pyramid schemes); and (3) individual or business representation as an authorized third-party affiliation or agent for a business entity without the business’ prior consent;
• Impersonate any person or entity; falsely state, mask, or otherwise misrepresent yourself or your affiliation with any person or entity; or create a false identity for the purpose of misleading others. Without limiting the foregoing, you may not use invalid or forged headers, invalid or non-existent domain names, false date or time stamps, false originating e-mail addresses or other identifiers, or other means of deceptive addressing;
• Use our Services for unauthorized information collection, including, but not limited to: phishing, spidering, harvesting, or any other unauthorized collection of e-mail addresses, screen names, or other identifiers of others, using software (including “spyware”) designed to facilitate such activity; or conducting commercial research or commercial data collection, including collecting responses from unsolicited messages.
• Use the Service for monitoring third parties without their permission. including, but not limited to, prisoner and parolee monitoring.
• Violate the rules, regulations, or policies that apply to any third-party network, server, computer database, website, or application you access;
• Engage in excessive use of the Services relative to typical usage by other Mingle Mobile customers on similar service plans, including making or receiving an abnormally high number of calls, sending or receiving an unusually high number of messages, repeatedly placing calls of unusually long duration, or consuming a disproportionate amount of available network resources, including data. Such activities suggest the Services are being used other than for personal, non-commercial use in violation of this Agreement and may impair or degrade use of the Services by other customers;
• Distribute, publish, or post content that is malicious software (i.e., malware) into the network or through the Services, including, without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancelbots, or any other computer programming routines that may damage, interfere with, secretly intercept or seize any system, program, data, or personal information;
• Without the express prior authorization of the owner of any data, systems, or networks, access or use such data, systems, or networks, including attempting to gain unauthorized access to, alter, or destroy any information that relates to any Mingle Mobile subscriber or other end-user and attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures;
• Monitor data or traffic on any system or network without the express prior authorization of the owner of the system or network;
• Interfere with service to any user, host, or network including, without limitation, denial-of-service attacks, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, and broadcast attacks;

• Use the Service for commercial activities;
• Use the Services for pager or voicemail retrieval service;
• Engage in any other conduct that could or does harm or adversely affect our other subscribers, employees, business, reputation, network, property, Services, operations, or any other person; or assist, facilitate, or allow anyone else to do or attempt to do any of the above activities;
• Activate the Service outside of the coverage area;
• Use the Service for machine to machine based remote monitoring to provide life-sustaining medical care for any individual, including without limitation, in health care and assisted living environments;
• Use Devices that utilize our SIM to make voice calls primarily over a Wi-Fi network;
• Access the accounts of others without authority;
• Use the Services in a way that results in more than 50% of your voice and/or data usage being connected to another provider’s network for any 2 billing cycles within any 12-month period or more than 50% of your data usage being smartphone mobile hotspot (tethering) usage for any 3 billing cycles within any 6-month period; or

• Engage in any other activity that would be inconsistent with reasonable personal use patterns, causes network congestion, or jeopardizes the integrity of Mingle Mobile’s supplier’s network.

4. Lawful purposes only.You may use the Mingle 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 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 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, Mingle 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.

5. Right of Termination.In addition to Mingle Mobile’s right to terminate Service for non-payment, Mingle Mobile reserves the right to terminate the Service immediately and without advance notice if Mingle 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.
   
   6. Monitoring.We may monitor the use of the Mingle 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, Mingle Mobile or its network supplier, and/or their respective parents, affiliates, directors, officers, agents, and employees from harm.
   
   7. Providing information to authorities and third parties. If we believe that you have used the Mingle 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 Mingle Mobile’s rights and property; or in emergency situations where disclosure of such information is necessary to protect Mingle Mobile customers or third parties from imminent harm.
   
   8. No Transfer of Service. You may not resell or transfer your Service or provide a telephone service to anyone else by using your Mingle Mobile Service or features of your Mingle Mobile Service.
   
   9. 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.
   
   10. Theft of Service. You may not use or obtain our Service in any manner that avoids Mingle 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 Mingle Mobile.