Acceptable Use Policy

Updated 6/26/2024

By using Cellcom's data service, Customer agrees to be bound by, and comply with, this Acceptable Use Policy ("AUP") and any Terms and Conditions associated with the service(s) to which the customer subscribes. Cellcom reserves the right to change or modify the AUP and Terms and Conditions at any time at its discretion. Any changes or modifications become effective when posted. Customer's use of Cellcom's data service after the changes or modifications have been posted shall constitute acceptance of all such changes or modifications.

Enforcement and Notification.

Any user which Cellcom, at its sole discretion, determines has violated the terms of this AUP or Terms and Conditions may be subject to Cellcom taking action to enforce this AUP and Terms and Conditions. Those actions may include, but are not limited to, warning the violating user, suspending the violating user's account(s), or terminating the violating user's account(s). Cellcom may, when feasible, attempt to notify the user of the violation and allow the user to correct the violation. However, notification is not required nor does a failure to notify a user limit the actions Cellcom may take.

Cellcom reserves the right to immediately suspend or terminate a user's service without notice in response to a legal order or government notice that certain conduct must be terminated immediately. In addition, Cellcom reserves the right to immediately suspend or terminate a user's service without notice if Cellcom reasonably determines that a user's conduct: (a) violates any applicable law or regulation; (b) exposes Cellcom to criminal or civil liability, prosecution, or sanctions; (c) exposes Cellcom's network or Cellcom's customers' network or property to harm; (d) interferes with the integrity or normal operations of Cellcom's network; or, (e) interferes with another Cellcom customer's use of Cellcom's data service.

Cellcom's suspension of the user's service in accordance with this AUP is not, and shall not be construed to be, a termination of the user's corresponding service agreement with Cellcom; and the user shall be and remain obligated to comply with each and every term of such agreement notwithstanding the suspension (including, but not limited to, the payment of all fees and charges identified in that agreement). Further, notwithstanding any termination of a user's account(s) by Cellcom in accordance with this AUP, the user shall remain obligated to fulfill all accrued obligations stated in such user's service agreement with Cellcom, as well as any obligations resulting from the termination by Cellcom (including, but not limited to, the obligation to pay to Cellcom any early termination fees stated in the service agreement).

Cellcom reserves the right to remove, block, filter, or restrict the transmission of any material or content that Cellcom determines, at its sole discretion, is unlawful. Such transmission, or attempted transmission, violates this AUP and Terms and Conditions and Cellcom may take action as described above.
Prohibited Conduct and Activities.

The Cellcom network must be used in a manner consistent with the intended use and purpose of Cellcom's network and services provided to the customer and may only be used for lawful purposes. Customers are prohibited from using Cellcom's network and services in order to transmit, distribute, or store material that in any way is unlawful, that is harmful to or interferes with Cellcom's network or services, or that adversely affects, or interferes with, the use or enjoyment of Cellcom's network or services by other users. In addition, the conduct and activities listed below are specifically prohibited. The list is not exclusive. Failure to specifically list a prohibited conduct or activity does not imply or confer that said conduct or activity is permitted or lawful
1. Unlawful Activities. Cellcom's services shall not be used in connection with any criminal, civil or administrative violation of any applicable local, state, federal, national or international law, treaty, court order, ordinance, regulation, or administrative rule. Customer shall not use Cellcom's network or services to transmit any material whose transmission is unlawful under any law applicable to such transmission.
2. Harm to Minors. Customer shall not use Cellcom's network or services to harm, or attempt to harm, minors in any way.
3. Child Pornography. Customer shall not use Cellcom's network or services to publish, submit, receive, upload, download, post, use, copy, produce, transmit, distribute, or store child pornography.
4. Threatening Material or Conduct. Customer shall not use Cellcom's network or services to host, post, transmit, or re-transmit any content or material that harasses or threatens or encourages bodily harm or destruction of property.
5. Inappropriate Content. Cellcom reserves the right to remove or restrict posting of materials that, at Cellcom's sole and reasonable discretion, is determined to be obscene, indecent, defamatory, libelous, hateful, malicious, threatening, abusive, racist, excessively violent, promotes the use of violence against others, fraudulent, or treasonous.
6. Harassment. Customer shall not use Cellcom's network or services to transmit any material that unlawfully or otherwise harasses another.
7. Intellectual Property. Customer shall not use Cellcom's network or services to publish, submit, receive, upload, download, post, use, copy, reproduce, transmit, re-transmit, distribute, or store any material that may be subject to protection under privacy, publicity, or other personal rights and Intellectual Property rights including, but not limited to, copyright, patent, trademark, trade dress, and trade secret. Customer shall not use Cellcom's network or services in any manner that would dilute, misappropriate, infringe, or violate any such rights.
8. Fraudulent or Misleading Content. Customer shall not use Cellcom's network or services to transmit or distribute material containing fraudulent offers for goods and services or any advertising containing false, deceptive, or misleading statements, claims, or representations.
9. Harmful Content. Customer shall not use Cellcom's network or services to transmit, distribute, or store material that may be harmful to or interfere with Cellcom's network and services or any third party's network, service, or system. This includes, but is not limited to, viruses, worms, and Trojan horses.
10. Forgery or Impersonation. Customer shall not use Cellcom's network or services to add, remove, or modify identifying information in an attempt to deceive or mislead the recipient of such information or to impersonate another person.
11. Unauthorized Access. Customer shall not use Cellcom's network or services to access, or to attempt to access without authorization, the accounts of others or to gain access to Cellcom's network, databases, or systems, whether or not the attempt or intrusion is successful.
12. Unsolicited Commercial or Bulk E-mail. Customer shall not use Cellcom's network or services to transmit unsolicited commercial e-mail, unsolicited bulk e-mail, or any such e-mails which could reasonably be considered "spam." In addition, Customers are prohibited from using another provider's service to send "spam" to promote a site hosted on or connected to Cellcom's network or services. Customers shall also refrain from using Cellcom's network and services to: (1) send e-mail messages which are excessive and/or intended to harass or annoy others; (2) continue to send e-mail messages to a recipient that has indicated they no longer wish to receive them; (3) send an e-mail with a forged TCP/IP packet header information; (4) send malicious e-mail, including, without limitation, "mail-bombing"; or, (5) send or receive e-mail messages in a manner that violates the use policies of any other Internet service provider.
13. Collection of Personal Data. Customer shall not use Cellcom's network or services to collect, or attempt to collect, personal information about third parties without their knowledge or consent. This includes, but is not limited to, phishing activities.
14. Network Disruptions and Adverse Activity. Customer shall not use Cellcom's network or services to conduct activities that may be harmful to or interfere with Cellcom's network or services or any third party's network or services. In addition, customer shall not use Cellcom's network or services to conduct any activity that adversely affects the ability of other customers to use Cellcom's network or services. This includes, but is not limited to, flooding, mail bombing, or denial of service attacks. Such violations may also result in criminal and/or civil liability. Cellcom will investigate such activity, and when warranted, may involve and cooperate with law enforcement authorities in prosecuting users involved in such activity.
Third Party Rules.

Failure to adhere to any rules, guidelines, or agreements applicable to search engines, subscription Web services, chat areas, bulletin boards, Web pages, USENET, or other services that are accessed through Cellcom's network or services shall constitute a violation of the AUP and/or Terms and Conditions.
Prohibition on Resale.

Customers are prohibited from reselling Cellcom's services without Cellcom's prior authorization whether or not a fee is being charged.
Content Responsibilities.

Customers remain solely and fully responsible for the content of any material created, accessible, posted, hosted, downloaded, uploaded, accessed, or transmitted either on or through Cellcom's network or services. Cellcom takes no responsibility for such content.
Monitoring Obligations.

Cellcom is under no obligation to monitor Customer's content, usage, bandwidth, or transmission associated with the Customer's use of Cellcom's network or services. However, Cellcom reserves the right to do so. Cellcom may monitor content, usage, bandwidth, or transmissions as necessary to: (a) enforce the terms of the AUP and Terms and Conditions; (b) comply with applicable laws, regulations, or other governmental or judicial directives; (c) protect Cellcom's network and services; or, (d) ensure other users are not being adversely affected by Customer's conduct or activity. Cellcom reserves the right to modify, restrict, or block access or usage in response to discoveries made while monitoring content, usage, bandwidth, or transmissions.
Indemnification.

Customer will defend and indemnify Cellcom against all claims, actions, judgments, damages, fines, costs, and other expenses, including reasonable lawyer's fees and disbursements (collectively, "Indemnification Claims") arising out of Customer's failure to comply with the requirements of this AUP and the certifications and commitments contained herein. For avoidance of doubt, Indemnification Claims shall include regulatory enforcement proceedings initiated by any Government Authority and the costs thereof. In relation to any Indemnification Claims: (a) Cellcom shall have sole control of the defense and/or settlement thereof; (b) Customer shall furnish to Cellcom on request all information in Customer's possession or control for such defense; and (c) Customer shall cooperate with Cellcom in the defense of such claims as requested by Cellcom.
Failure to Enforce AUP and Terms and Conditions.

The failure of Cellcom to enforce this AUP and/or Terms and Conditions, regardless of the reason for not doing so, shall not constitute a waiver of any right to do so at any time. Customer agrees that should any portion of this AUP and/or Terms and Conditions be found invalid or unenforceable, that portion, and that portion only, shall be construed as consistent as possible with the applicable law. The remaining portions shall remain in full force and effect.

Terms and Conditions – Cellcom's Data Services

These Terms and Conditions along with the Cellcom Acceptable Use Policy (AUP) set forth Customer's obligations, Cellcom's obligations, and the rules Customer must follow when using Cellcom's data service.

General Terms

A compatible device is required in order to use Cellcom's service and various features. Not all features are available with all devices. Services may not be available in all areas.

Charges

Customer is responsible for all data charges associated with data use. Data use applies to all browsing, downloading, and sending and receiving messages. All data use is billed in kilobytes with each session rounded to the next highest kilobyte. Data use allowance and overage rates depend on the service plan selected.

Features

Quik|TxT Messaging

A device capable of text messaging is required. To receive information from the Internet, Customer must sign-up with a third-party provider. Messages can be sent and received when using the Cellcom network and select partner networks while roaming. While roaming, availability and functionality may vary. Ability to receive messages in any geographic area is not an indication that Customer can send messages. Cellcom makes no guarantee of actual delivery or delivery within a specific period of time. If Customer's phone is turned off, the memory in Customer's phone is full, or Customer is outside the service area, the network will store and attempt to re-send any messages for up to 72 hours after receipt of the message on Cellcom's network. Messages not delivered after 72 hours will be deleted. Maximum outgoing message length is 160 characters, including the header, name, call back number, and e-mail address. Any incoming message over 160 characters will be split into multiple messages. Multiple messages are split by taking the first 160 characters and putting them in the first message, the next 160 characters in the next message, and so on. The maximum any one message (continuous or split) can contain is 640 characters. Any characters in excess of 640 are discarded. Cellcom cannot guarantee that Customer will not receive unsolicited messages. Without Cellcom's permission or Customer's knowledge, Customer's telephone number and/or message may be intercepted by third parties.

Picture/Video Messaging

A multimedia messaging certified device is required. Charges will apply for picture messages sent from Customer's phone even if not delivered to the intended recipient, regardless of the reason (for example, but not limited to, system or compatibility issues) for the non-delivery. Without a picture package subscription, picture messages sent or downloaded will be charged $0.25 per message, in addition to data charges associated with Internet traffic generated by the downloading of the message(s).

Location and Location Based Services

Cellcom knows the general location of your phone or wireless device whenever it is turned on. This is necessary for routing of incoming calls, delivering wireless content and properly billing your service. It is also necessary for providing enhanced emergency 9-1-1 service to public safety answering points or emergency medical service providers who have installed the necessary equipment to use location information. In addition, we may disclose location information to a governmental entity or law enforcement authority when served with lawful process or reasonably believe there is an emergency that involves the risk of death or serious physical harm.

Cellcom offers access to applications that use your device's location information to provide the service you requested. If you use any third-party software application that access location information generated by your device, it is your responsibility to investigate the privacy policies of any such parties.

Information & Content

CELLCOM IS NOT A PUBLISHER OF THIRD-PARTY INFORMATION OR CONTENT AND IS NOT RESPONSIBLE FOR ANY OPINIONS, ADVICE, STATEMENTS, OR OTHER INFORMATION, SERVICES OR GOODS PROVIDED BY THIRD PARTIES. Customer acknowledges that every business or personal decision, to some degree or another, represents an assumption of risk, and that neither Cellcom nor its content and service providers or suppliers in providing access to information, underwrites, can underwrite, or assumes Customer's risk in any manner whatsoever. Certain information or content may be provided through the service by independently owned and operated content providers or service providers who are subject to change at any time without notice. These third parties may impose additional charges (on top of regular service charges levied by Cellcom) for certain content. As the user of such services, CUSTOMER is bound by the third parties' policies when CUSTOMER visits their respective sites or uses their services. It is CUSTOMER'S responsibility to read the rules or service agreements of each content or service provider as well as to understand any and all billing practices which are stated by the content or service provider. Any information CUSTOMER involuntarily or voluntarily provides third parties is governed by their policies. The accuracy, appropriateness, content, completeness, timeliness, usefulness, security, safety, merchantability, fitness for a particular purpose, transmission or correct sequencing of any information or downloaded data is not guaranteed or warranted by Cellcom or any content providers or other third party. Delays or omissions may occur. Neither Cellcom nor its content providers, service providers or other third parties shall be liable to CUSTOMER for any loss or injury arising out of or caused, in whole or in part, by any information acquired through the Service. To end a subscription to any third-party messaging service, send the word 'STOP' to the shortcode designated for that campaign

Speed & Performance:

Actual speed and performance are based on available network resources. In addition, other factors, such as plan selection, can impact speed and performance. Speed and performance may vary, are not guaranteed, and may not be available in all areas.

Permissible Uses – Residential Internet

Residential Internet service is only available on Cellcom's 4G LTE network. Customer may use Residential Internet service for the following purposes: (i) Internet browsing; (ii) email; (iii) participation in, but not the hosting of, "online gaming"; (iv) lawful uploading, downloading, and streaming of audio, video, and games; and, (v) Voice over Internet Protocol (VoIP).

Permissible Uses – Mobile Data

Mobile Data services may be used for the following purposes: (i) Internet browsing; (ii) email; (iii) corporate intranet access (including access to corporate email, customer relationship management, sales force automation, and field service automation applications); (iv) lawful uploading, downloading, and streaming of audio, video, and games; and, (v) Voice over Internet Protocol (VoIP).

Prohibited Uses - General

Customer may not use Cellcom's service other than as intended by Cellcom and applicable law. Customer may not use Cellcom's service for illegal purposes, purposes that infringe upon others' intellectual property rights, in a manner that interferes with other users' service, interferes with Cellcom's network, or interferes with Cellcom's ability to fairly allocate capacity on its network among users. Customer may not use Cellcom's service for any purpose contrary to the Acceptable Use Policy. Customer may not send solicitations to other Cellcom users without their consent. Cellcom's services are for individual use only and are not for resale without Cellcom's prior written authorization.

Examples of prohibited uses include, but are not limited to: (i) using the Services for any activity that adversely affects the ability of other people or systems to use either the Services or other parties' Internet-based resources including, but not limited to excessive consumption of network or system resources (whether intentional or unintentional) and "denial of service" (DoS) attacks against another network host or individual user; (ii) interference with or disruption of other network users, network services or network equipment; (iii) for uploading, downloading or streaming of content in violation of local, state or federal law(s) including copyright violations; (iv) as a medium to distribute mass, unsolicited or otherwise unlawful mail, traffic and/or content.

Cellcom's suspension of the user's service in accordance with these Terms and Conditions is not, and shall not be construed to be, a termination of the user's corresponding service agreement with Cellcom; and the user shall be and remain obligated to comply with each and every term of such agreement notwithstanding the suspension (including, but not limited to, the payment of all fees and charges identified in that agreement). Further, notwithstanding any termination of a user's account(s) by Cellcom in accordance with these Terms and Conditions, the user shall remain obligated to fulfill all accrued obligations stated in such user's service agreement with Cellcom, as well as any obligations resulting from the termination by Cellcom (including, but not limited to, the obligation to pay to Cellcom any early termination fees stated in the service agreement).

Cellcom reserves the right to: (i) limit throughput or amount of data transferred, deny Service, and/or terminate Service, without notice, to anyone it believes is using the Service in any manner prohibited above or whose usage adversely impacts its network or service levels; (ii) protect its network from harm, which may impact legitimate data flows; and, (iii) discontinue service after a period of inactivity or after sessions of excessive usage.

Additional Prohibited Uses – Residential Internet

Customer cannot use Cellcom's Residential Internet service: (i) with server devices or with host computer applications, including, but not limited to, continuous web camera posts or broadcasts, continuous file transfers, or automatic data feeds; (ii) in conjunction with a Wi-Fi or similar device which has not been secured using a password/phrase/key or other encryption method; (iii) to enable persons or entities outside the location identified in the Service Agreement to use the service; and, (iv) as a medium to distribute mass, unsolicited or otherwise unlawful e-mail and/or content.

Additional Prohibited Uses – Mobile Data

Customer cannot use Cellcom's Mobile Data services: (i) with server devices or with host computer applications, including, without limitation, Web camera posts or broadcasts, continuous file transfers, or automatic data feeds; or, (ii) as a medium to distribute mass, unsolicited or otherwise unlawful e-mail and/or content.

Reasonable Network Management – Generally

Cellcom will employ reasonable network management principles to ensure all of our customers have a fair opportunity to utilize Cellcom's network and services. As part of our reasonable network management plan, Cellcom reserves the right to suspend or terminate, without notice to the Customer, any Customer's service who is interfering with other users' service and/or interfering with Cellcom's ability to fairly allocate capacity among users.

Cellcom utilizes Hosted Data Optimization when a Customer is roaming on one of our roaming partners and is using 3G. Cellcom will optimize the data session by determining what device Customer is using and maximizing the video quality to fit Customer's device. This is transparent to Customer from both an optimization standpoint and from a picture quality standpoint.

Reasonable Network Management – Residential Internet

Cellcom reserves the right to limit throughput speed or immediately terminate Customer’s service, without notice, if: (i) less than seventy-five percent (75%) of overall data usage is used in Cellcom’s licensed market during any three-month period; or (ii) the Customer, in Cellcom’s sole discretion, is using the service in a manner that is prohibited by the AUP or these Terms and Conditions. Data speeds will automatically slow to a maximum of 1 Mbps down and 512 Kbps up for the remainder of the bill cycle when each line reaches the plan data amount. All offers for Internet service list the "up to" maximum speed attainable within the tier purchased. Actual speeds will fluctuate. Subject to geographic availability. Residential Internet available in select Cellcom areas only. Service may only be used at the address designated at the time of initial setup. Data roaming is not available.

Reasonable Network Management – Mobile Data

Cellcom reserves the right to limit throughput speed or immediately terminate service, without notice, of Customer if: (i) any line of service uses more than 5 Gigabytes (5,120 Megabytes) of data in a billing month; or, (ii) the Customer, in Cellcom's sole discretion, is using the service in a manner that is prohibited by the AUP or these Terms and Conditions.

Reasonable Network Management – Unlimited Plus Plan & Business Unlimited Plus Plan

Cellcom reserves the right to switch customer to another data plan if less than seventy-five percent (75%) of the customers overall data usage are used in Cellcom’s licensed market during any three month period during the term of this agreement. After the premium data limit for a line during a bill cycle, for the remainder of that bill cycle Cellcom may slow data speeds in areas where there is network congestion until that congestion is relieved and when roaming slowed to 3 Mbps. Smartphone pricing on the Unlimited Plus Plan is based on the total number of smartphones on Unlimited Plus, Premium Unlimited, Lifestyle Unlimited and Unlimited Plans. If not on the latest Cellcom SIM card, data speeds will automatically slow to a maximum of 1 Mbps for the remainder of the bill cycle when each line reaches its premium data allotment. Only customers on Cellcom’s latest SIM card can be on the smartphone 100GB or additional devices 30GB options. Smartphone pricing on the Business Unlimited Plus Plan is based on the total number of smartphones on Business Unlimited Plus, Business Premium Unlimited and Business Unlimited Select plans. Autopay (checking and savings accounts only, no credit or debit cards) and paperless bill (email confirmation required to be signed up for paperless bill) required for the discounted rate of $10 per month per smartphone line. Usage Controls: It may take up to 60 minutes for changes to usage control settings to take effect. Due to delays in system reporting, actual data usage may take up to 24 hours to register and you may exceed the usage limit set before data usage is blocked or a warning received.

Reasonable Network Management – Premium Unlimited Plan & Business Premium Unlimited Plan

Reasonable Network Management – Lifestyle Unlimited Plan & Business Unlimited Select Plan

Cellcom reserves the right to switch customer to another data plan if less than seventy-five percent (75%) of the customers overall data usage is used in Cellcom's licensed market during any three-month period during the term of this agreement. Data speeds on the Lite smartphone, basic, 5GB tablet and mobile broadband, 1GB and 5GB connected device, and 1GB and 5GB connected wearables plans will automatically slow to a maximum of 256 Kbps for the remainder of the bill cycle when each line reaches its high-speed data allotment. Data speeds on all other plans will automatically slow to a maximum of 512 Kbps for the remainder of the bill cycle when each line reaches its high-speed data allotment. Autopay (checking and savings accounts only, no credit or debit cards) and paperless bill required for the discounted rate of $2 per month per smartphone line on the Lifestyle Unlimited and Business Unlimited Select Plans. Video Quality: For content we can identify as video, the maximum video quality will be 480p for smartphones on the Lite, Every Day, and Professional Unlimited plans and for all other devices, and 720p for smartphones on the Premier and Max Unlimited plans. Video is capped at this amount regardless of the network the device is accessing (for example, 4G LTE). Ability to stream, video resolution, speed, and other data usage are not guaranteed, may vary, and may be impacted by a variety of other factors.

Reasonable Network Management – Unlimited Plan

Cellcom reserves the right to switch customer to another data plan if less than seventy-five percent (75%) of the customers overall data usage are used in Cellcom's licensed market during any three-month period during the term of this agreement. Data speeds on the Unlimited Plan will automatically slow to 200 Kbps to 500 Kbps when each line reaches its high-speed data allotment. Video Quality: For content we can identify as video, the maximum video quality will be 480p for smartphone on the Bronze and Silver plan and all other devices, and 720p for smartphones on the Gold plan. Video is capped at this amount regardless of network device is accessing (for example 4G LTE). Ability to stream, video resolution, speed, and other data usage are not guaranteed, may vary, and be impacted by a variety of other factors.

Reasonable Network Management – Advantage Plan and Business Unlimited Plan

After 22GB per line per billing cycle for smart and basic phones, 10GB per line per billing cycle for mobile broadband, tablets and connected devices, and 1GB per line per billing cycle for connected wearables, data speeds will be slowed to 200 Kbps to 500 Kbps. Cellcom reserves the right to switch customer to another data plan if less than seventy-five percent (75%) of the customers overall data usage are used in Cellcom's licensed market during any three-month period during the term of this agreement.

Reasonable Network Management – Prepaid Unlimited Smartphone Plans

Cellcom may slow data speeds in areas where there is network congestion until that congestion is relieved. Once the high-speed data per line per replenishment date is used, data speeds will be slowed to 512 kbps.

Reasonable Network Management – Prepaid Unlimited Data Only Plans

Reasonable Network Management – Prepaid Unlimited Data Plan
Data will stream at speeds of 3 Mbps for both the 6GB and 18GB options until 6GB or 18GB, respectively, of data per line per replenishment date is used. Once 6GB or 18GB, respectively, per line per replenishment date is used, data speeds will be slowed to 100 Kbps to 500 Kbps.

Reasonable Network Management – Prepaid Talk/Text Plan
Data will stream at speeds of 256 Kbps.

Reasonable Network Management – Tribal Lifeline Unlimited Plan
Data speeds will automatically slow to a maximum of 512 Kbps for the remainder of the bill cycle when each line reaches its high-speed data allotment.

Reasonable Network Management – Prepaid Tribal Lifeline Unlimited Plan
Data speeds will automatically slow to a maximum of 512 Kbps for the remainder of the bill cycle when each line reaches its high-speed data allotment.

Security

CELLCOM DOES NOT GUARANTEE SECURITY. If Customer uses Customer's own device to access corporate email or information, it is Customer's responsibility to ensure that use complies with Customer's internal IT and security procedures. Cellcom recommends the use of firewall, anti-virus, anti-spam, anti-spyware, and anti-malware hardware and/or software.

Apple Trademark

Apple and the Apple logo are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc.