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Terms & Conditions

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Terms of Purchase | Flash & Unlock| Shipping & Returns | Page Plus | Simple Mobile | H2O Wireless | Tmobile Prepaid

Terms of Purchase

Thank you for choosing Beigephone.com. The Terms of Purchase are designed to provide you important information about your shopping experience, including purchasing new cell phone service, your cell phone service coverage area, and cell phone flashing & unlocking service.

New Service

Your specific service Terms & Conditions are outlined below by the carrier you choose to initiate cell phone service with. You agree that you are obtaining cell phone service on a month to month basis, you are not entering into a service contract with Beigephone.com or any cell phone service provider. Your monthly usage charges are determined by the monthly plan you choose and any applicable taxes and surcharges as determined by your cell phone service provider. If you are porting your cell phone number, it may take up to 5 days for your current cell phone service provider to release your number, which may delay completion of your order. If you choose not to accept these terms and conditions after purchase, you can return your phone within 7 days of purchase for an applicable refund. No refund will be given for any phone with more than 60 minutes of talk time on the handset. Used handsets are bought on an as is basis and will not be considered for refund. If your purchase was automatically cancelled by our system for AVS (address verification system) and your card it debited, it may be up to two to three business days before the funds are returned to your card. If you are refunded any amount of money, it may take 7 to 10 business days, depending on your financial institution, to show up on your card.

Service Coverage

Your service plan includes your monthly allowances and features, where you can use the features (your coverage area) and any optional features available including international and roaming options. Please review the coverage availability for your preferred service provider and ensure that desirable coverage is available in your service area.

Layaway Options

Beigephone offers the conveniece of layaway for all of our products over $150. We know budgeting is important to many consumers, so we've created a layaway program to support your desire to make responsible online purchases. Layaway purchases must be completely paid for within 2 months of the initial downpayment. Downpayment amount must be 25 percent of the total cost, including plan cost if applicable. There is a one time $20 service charge for all layaway purchases.

*Layaway orders not paid for by the end of the layaway period will be canceled. Any payments received will be refunded, less a 10 percent cancellation charge. All service charges are non-refundable.

*Please speak with a layaway specialist to set up your payment schedule.

Flash & Unlocking Service

To receive flash service, you must agree to initiate new cell phone service or transfer your existing cell phone service to the preferred carrier you are flashing your handset to. You agree to the terms & conditions set forth by Beigephone.com

In acquiring flash service for your cell phone you agree that there are associated risks with flashing/unlocking your cell phone, including, but not limited to possible damage to your handset, voiding of original manufacturer’s warranty, removal of original carrier trademark and possible breach of contract with current cell phone service provider (if applicable) that could result in early termination charges.

It is also agreed that the Electronic Serial Number or the Mobile Equipment Identifier of your wireless communication device has not been modified for the purposes of obtaining unauthorized use of
telecommunications services. It is a federal offense under the Wireless Telephone Protection Act of
1998 (18 USCA 1029) to knowingly obtain telecommunications service without authorization.

You further agree to the following requirements for receiving flash service:

• You agree that Beigephone.com has adequately informed me of any and all possible concerns I have about flashing or unlocking my cell phone.

• You agree that you are not under contractual obligations with another carrier, and that if you are under contract with another carrier that you understand it may be a breach of your service contract and you further acknowledge that flashing or unlocking your phone does not rescind your contractual obligations.

• You understand that Beigephone will warranty the data settings on my flashed phone for 90 days. Flash data settings warranty applies to existing network settings, any network changes initiated by service provider beyond the scope of Beigephone are not covered. Data settings within the 90 day warranty period, but have changed due to a development in the service network or changed in any way beyond the control of Beigephone are not covered.

• I release Beigephone, LLC from any liability in regards to my cell phone flashing or unlocking service.

• You agree that any dispute in regards to the flashing/unlocking of my cell phone must be disputed in arbitration at your own expense.

• You understand that there are no refunds provided after flash service has been initiated and once your phone has been flashed it may not be able to return to the original manufacturer’s settings.

Use of Trademarks

Product names, logos, brands, and other trademarks featured or referred to within the Beigephone.com website are the property of their respective trademark holders. These trademark holders are not affiliated with Beigephone.com, our products or our services. They do not sponsor or endorse our company or any of our online solutions.

 

 Page Plus Cellular Service

Please read and understand these Terms and Conditions of Service very carefully. This Agreement becomes binding when you accept it. You accept it by doing one of the following actions:

  • Activate a Page Plus Cellular Handset, or
  • Activate and set up a new Page Plus account.
  • Bill payments are completed during normal working hours.

                Page Plus Flashed Handset, Service and Phone Number

Some functions and features referenced in the Manufacturer’s manual provided with your Page Plus Cellular Handset may not be available for use with the Page Plus Cellular Service. The wireless telecommunications network used to provide you the Page Plus Cellular Service is owned and operated by various licensed commercial mobile radio service providers (“Carriers”), not Page Plus Cellular. Page Plus Cellular, therefore, may modify or cancel any service or take corrective action at any time without prior notice and for any reason. Page Plus Cellular Service is subject to Page Plus Cellular’s policies, practices and procedures, which Page Plus Cellular can change without notice.

You must accept the Page Plus Cellular telephone number assigned to your Page Plus Cellular account at the time of activation. You have no rights in the telephone number we assign to you except for any right you may have to port it.

                Page Plus Cellular Minutes

Once your account is activated, minutes will be added to your account or will already be added to the Page Plus Cellular phone number assigned to the handset you purchased. Once activated, the number of minutes assigned to the account will be available for use with the Page Plus Cellular Service subject to any charges that are incurred due to use of Service or other fees as applicable. The balance on your Page Plus account cannot be refunded, nor can it be split, transferred, or redistributed to another Page Plus Cellular account. Your Page Plus Cellular airtime and minute balance can only be used with the Page Plus Cellular Service, and cannot be used with or transferred to any other wireless or cellular service.

                Airtime Rates

Page Plus Cellular Account balance is issued and maintained in US dollars. Your account balance will decrease based on your usage and to pay for usage fees as specified by the plan you select. You will have access to Page Plus Cellular Service only when you have a balance available on the Page Plus Cellular account. You may add additional minutes by entering the Personal Identification Number (“PIN”) obtained from Page Plus Cellular prepaid cards or from a retailer PIN number. You must add your Page Plus Cellular prepaid PIN to your Page Plus Cellular account in a timely manner before the expiration of the Service Extension Date (as defined below). Your plan is determined based on the face value of the Page Plus Cellular Prepaid Plan card or PIN receipt you purchase. A list of the current service plans and charges are available at our website, www.pagepluscellular.com

0.     National Long Distance Charges. There are no additional charges for nationwide long distance.

1.     International Calling. You may use your Page Plus Cellular Service to make international calls to landlines, as well as certain cellular phones in certain countries. See our Features page for available countries and more details. The available countries are subject to change without prior notice. You will not be able to make or receive calls using your Page Plus Cellular Service when you are located outside of the United States, Puerto Rico or the U.S. Virgin Islands.

2.     Text Messaging. There may be additional fees charged for sending and receiving text messages. The rates for sending and receiving a text message using the Page Plus Cellular Service varies by service plan. Specific rates can be found on the description page for each plan.

3.     Web Access. Page Plus Cellular Handsets that have been certified for WAP and MMS (the “Data Services”) will allow you to access the mobile web (WAP) and utilize multi-media services “MMS”. Data Services are additional services offered by Page Plus Cellular, and there is an additional charge for the use of these services.

4.     Roaming. You are “roaming” whenever you make or receive a call using a transmission site outside your home coverage area, or using another company’s transmission site. Your wireless phone may sometimes connect to and roam on another company’s network even when you are within your coverage area or local calling area. There may be extra charges (including charges for long distance, tolls, or calls that don’t connect) and higher rates for roaming calls, depending on your plan. Availability, quality of coverage and Services while roaming are not guaranteed. 

                        Unlimited Plan Abuse

Page Plus Unlimited Plan services are provided solely for live dialogue between two individuals for personal use. Other uses have the potential to disrupt reliable service to other Page Plus customers and/or have an impact on network resources, so are therefore considered abuse of the service and will not be allowed. Such uses would include, but are not limited to, machine-to-machine, telemarketing, autodialing, transmission of broadcasts or recorded material, and any and all other commercial uses. We may determine at our sole discretion that abuse is taking place if, for instance, you are placing an unusually high number of calls of unusually long duration. We reserve the right to respond to such abuse by placing you on a different class of service or, at our discretion, terminating your service.

                Page Plus’ Right to Make Changes

Unless otherwise prohibited by law, Page Plus Cellular reserves the right to change prices or the use of the Page Plus Cellular Service in this Agreement at any time and without notice to you. You must refer to our website at www.pagepluscellular.com for an updated version of these terms and conditions.

                Airtime Minutes

Each Page Plus Cellular prepaid card or PIN receipt identifies the number of minutes available for using the Page Plus Cellular Service. The airtime minutes are available for your use for a period of 120 days beginning on the day that you purchase and activate the card and add the minutes to your Page Plus Cellular account (the “Service Extension Date”). 

                Balance Usage

When you use a Page Plus Cellular Service (e.g., make a call, send or receive a text message, etc.), Page Plus Cellular will debit your account at the rate described in your plan for the feature you are using. Use generally begins when you answer a call and continues until you end the call. Your balance will be debited for all calls except for #737 and 911 calls. Balances are debited in full minute increments and in full 8-kilobyte increments, per service. No credit is given for dropped calls.

                Monthly Charge

In addition to the charges per service incurred pursuant to your Plan, we may charge a monthly maintenance fee. Currently, customers on our “Standard” plan are billed a monthly maintenance fee of 50¢. Customers on our “Unlimited Nights & Weekends”, “Unlimited Anytime 24/7”, and “Talk n Text” plans are not currently billed a monthly maintenance fee.

                Account Lifecycle / Forfeiture of Unused Minutes / Reassignment of Phone Number

If you do not purchase and add airtime minutes to your account prior to the expiration of the 120 day period (the Service Extension Date), your Page Plus Cellular Service will be deactivated and you will lose your entire unused balance. If you do not purchase and add airtime minutes to your account within 30 days from the Service Date Extension, Page Plus Cellular may also reassign your phone number to a different user. If your Page Plus Cellular phone number is deactivated for non-use as described above, then a new phone number will need to be assigned to you by Page Plus Cellular should you choose to resume using the Page Plus Cellular Service.

                Coverage

Coverage maps are for informational purposes only. Page Plus Cellular does not guarantee coverage, service availability or the rate charged for any particular call. Even within a coverage area, other factors not under Page Plus Cellular’s control may interfere with your actual service. Actual coverage and service areas may vary from the maps and may change without notice.

                Unintended Use

All Page Plus Cellular handsets are sold for exclusive use with Page Plus Cellular service. Improper, illegal, or unauthorized use of your Page Plus Cellular service or handset may result in immediate termination of Service. You agree not to change, alter, or tamper with your Page Plus Cellular handset or the software used in conjunction with it, enter fraudulent PIN numbers, engage in any other unauthorized or illegal use of the service, assist others in such acts, or to export Page Plus Cellular handsets outside of the United States. These acts violate Page Plus Cellular's rights and could violate state and federal laws. Page Plus Cellular will prosecute violators to the full extent of the law.

You agree not to resell our service to someone else without our prior written permission.

You also agree that your Handset will not be used for any other purpose that is not allowed by this Agreement or that is illegal.

You agree that you won’t install, deploy or use any regeneration equipment or similar mechanism (for example, a repeater) to originate, amplify, enhance, retransmit or regenerate a transmitted RF signal.

We can, without notice, limit, suspend, and deactivate your account or any agreement with you for these causes, or any other good causes which include, but are not limited to:

0.     if you:

a.     breach this Agreement;

b.     enter fraudulent PINs to access the Page Plus Cellular Service;

c.      provide credit information we can not verify;

d.     lie to us;

e.     allow anyone to tamper with your Handset;

f.      export the Page Plus Cellular Handset outside the United States;

1.     or if you or any user of your phone:

a.     threatens or commits violence against our representatives;

b.     uses vulgar and/or inappropriate language toward our representatives;

c.      steals from us;

d.     harasses our representatives;

e.     interferes with our operations;

f.      “spams,” or engages in other abusive messaging or calling;

g.     modifies your Handset from its manufacturer’s specifications; or

h.     uses the service in a way that adversely affects Page Plus Cellular Service or other customers.

We can also temporarily limit your service for any operational or governmental reason.

We make no representations or warranties, express or implied, including, to the extent permitted by applicable law, any implied warranty of merchantability or fitness for a particular purpose concerning your service. We cannot promise uninterrupted or error-free service and do not authorize anyone to make any warranties on our behalf. This does not deprive you of any warranty rights you may have against anyone else.

                About You, the Customer

You represent that you are at least 18 years old and have the legal capacity to accept this Agreement. If you are ordering for an organization, you are representing that you are authorized to bind it, and where the context requires, “you” means the organization.

                Miscellaneous

A waiver of any part of this Agreement in one instance is not a waiver of any part or any other instance. You can not assign this Agreement or any of your rights or duties under it. We may assign all or part of this Agreement without notice.

Notices are considered delivered when we send them by email or fax to any email, text message or fax or cell phone number you have provided to us, including your Page Plus Cellular account number or 3 days after mailing to the most current billing address we have on file for you, if by us, or to the customer service address on your most recent bill, if by you.

If any part of this Agreement is held invalid, that part may be severed from this Agreement. This Agreement and the documents to which it refers form the entire agreement between us on their subjects. You can not rely on any other documents or statements on those subjects by any sales or service representatives, and you have no other rights with respect to service or this Agreement, except as specifically provided by law. This Agreement is not for the benefit of any third party except our parents, affiliates, subsidiaries, agents, and predecessors and successors in interest. Except to the extent we have agreed otherwise in the provisions on late fees and collection costs, or as required by Federal law, this Agreement and disputes covered by it are governed by the laws of the state encompassing the area code assigned to your wireless phone number when you accepted this Agreement, without regard to the conflicts of laws or rules of that state.

 

Simple Mobile™ Terms & Conditions

Your agreement with Simple Mobile includes these Terms and Conditions ("Terms"), your Service Agreement, applicable supplemental terms and conditions for other services, your Rate Plan terms, and our Acceptable Use Policy. To the extent any term in your Rate Plan expressly conflicts with these Terms, the term in your Rate Plan will govern.

Please read these Terms carefully. They cover important information about all Simple Mobile services provided to you ("Service") and your Simple Mobile phone, handset, device, SIM card, data card, or other equipment ("Device"). These Terms include limitations of liability, privacy and resolution of disputes by arbitration instead of in court. To the extent these Terms conflict with the Simple Mobile Terms and Conditions you receive with your Device, these Terms apply; different Terms may apply to different lines of service on your account.

You represent that you are at least 18 years old (21 years old or legally emancipated if you are a Puerto Rico customer). If you sign for an organization, you represent that you are authorized to sign. You agree to pay any access and usage charges, taxes, fees and other charges that were accepted or processed through your Device ("Charges"). You may designate others to manage or make changes to your account ("Authorized User"). You and Authorized Users will have access to all account information. If you give your personal account validation information to someone, they can access and make changes to your account just as you can. Those changes will be binding on you. You may request to switch to another Rate Plan, and if we authorize the change, a transfer fee may apply. Changes may increase or decrease the cost of your service..

1. Acceptance. YOUR AGREEMENT WITH SIMPLE MOBILE STARTS WHEN YOU ACCEPT. You accept by doing any of the following: (a) giving us a written or electronic signature, or telling us orally that you accept; (b) activating Service; (c) using your Service after you make a change or addition; or (d) paying for the Service or Device. IF YOU DON'T WANT TO ACCEPT, DON'T DO ANY OF THESE THINGS.

2. Dispute Resolution and Arbitration. WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW (AND EXCEPT AS TO PUERTO RICO CUSTOMERS), ANY AND ALL CLAIMS OR DISPUTES BETWEEN YOU AND US IN ANY WAY RELATED TO OR CONCERNING THE AGREEMENT, OUR SERVICES, DEVICES OR PRODUCTS, INCLUDING ANY BILLING DISPUTES, WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT. This includes any claims against other parties relating to Services or Devices provided or billed to you (such as our suppliers or retail dealers) whenever you also assert claims against us in the same proceeding. We each also agree that the Agreement affects interstate commerce so that the Federal Arbitration Act and federal arbitration law apply (despite the choice of law provision in Section 23). THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR MUST FOLLOW THIS AGREEMENT AND CAN AWARD THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING ATTORNEYS' FEES).

For all disputes (except for Puerto Rico customers), whether pursued in court or arbitration, you must first give us an opportunity to resolve your claim by sending a written description of your claim to the address in Section 13 below. We each agree to negotiate with each other in good faith about your claim. If we do not resolve the claim within 60 days after we receive this claim description, you may pursue your claim in arbitration. You may pursue your claim in a court only under the circumstances described below.

Notwithstanding the above, YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION if: (a) your claim qualifies, you may initiate proceedings in small claims court.

If the arbitration provision applies or you choose arbitration to resolve your disputes, then either you or we may start arbitration proceedings. You must send a letter requesting arbitration and describing your claim to our registered agent (see Sec. 14) to begin arbitration. The American Arbitration Association (AAA) will arbitrate all disputes. For claims of less than $75,000, the AAA's Supplementary Procedures for Consumer-Related Disputes will apply; for claims over $75,000, the AAA's Commercial Arbitration Rules will apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. We will pay upon filing of the arbitration demand, all filing, administration and arbitrator fees for claims that total less than $75,000. For claims that total more than $75,000, the payment of filing, administration and arbitrator fees will be governed by the AAA Commercial Arbitration Rules. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees. In addition, for claims under $75,000 as to which you provided notice and negotiated in good faith as required above before initiating arbitration, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys' fees and costs. Except for claims determined to be frivolous, Simple Mobile agrees not to seek an award of attorneys' fees in arbitration even if an award is otherwise available under applicable law.

CLASS ACTION WAIVER. WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION.   If a court or arbitrator determines in an action between you and us that this waiver is unenforceable, the arbitration agreement will be void as to you. If you chose to pursue your claim in court by opting out of the arbitration provision as specified above, this Class Action Waiver provision will not apply to you. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt out requirements above.

JURY TRIAL WAIVER. If a claim proceeds in court rather than through arbitration, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.

3. Cancellation and Returns. DEVICES. Please see Beigephone.com return policy.

4. Our Rights to Make Changes. Your Service is subject to our business policies, practices, and procedures, which we can change without notice. UNLESS EXPRESSLY PROHIBITED BY LAW, WE CAN CHANGE PRICES, CHARGES AND ANY TERMS IN THE AGREEMENT AT ANY TIME. IF WE MATERIALLY MODIFY THESE TERMS IN A WAY THAT IS MATERIALLY ADVERSE TO YOU,  WE WILL PROVIDE YOU WITH AT LEAST 30 DAYS NOTICE AND YOU MAY TERMINATE YOUR SERVICE (WHICH IS YOUR ONLY REMEDY) BY NOTIFYING US WITHIN 30 DAYS AFTER YOU RECEIVE THE NOTICE. IF YOU FAIL TO TERMINATE WITHIN THOSE 30 DAYS, YOU ACCEPT THE CHANGES.

5. Your Wireless Device & Compatibility with Other Networks. Your Device may not be compatible with the network and services provided by another service provider. You may buy a Device from us or someone else, but it must, as solely determined by Simple Mobile, be compatible with, and not potentially harm, our network. Some Simple Mobile features will be available only on Devices purchased from us. A Simple Mobile Device is designed to be used only with Simple Mobile service; however, you may be eligible to have your Device reprogrammed to work with another carrier but you must contact us to do so. Not all Devices are capable of being reprogrammed. At times we may change software, applications or programming remotely and without notice. This could affect data you have stored on, the way you have programmed, or the way you use your Device.

6. Service Availability. You acknowledge and agree that service may not be available in all areas in which you travel.  Coverage maps only approximate our anticipated wireless coverage area outdoors; actual Service area, coverage and quality may vary and change without notice depending on a variety of factors including network capacity, terrain and weather. You agree we are not liable for Service availability or problems related to quality.

7. 9-1-1. When making 9-1-1 or other emergency calls, you should be prepared to provide information about where you are located. 9-1-1 operators may not know your phone number or have information about your location. If you are porting a phone number to or from us, we may not be able to provide you with some Services, such as 9-1-1 location services, while the port is being implemented. Simple Mobile is not responsible for failures to connect or complete 9-1-1 calls or if inaccurate location information is provided.

8. Charges and Call Details. You may review your call and charge details on our website at www.mysimplemobile.com/myaccount. Domestic and Puerto Rico data usage is billed in full-kilobyte increments and is rounded up to the next full-kilobyte increment at the end of each data session. If you are on a metered data plan, and exceed your data limit, you may purchase an additional data plan to resume data usage. We do not guarantee that you will not receive spam or other unsolicited messages, and you agree that we are not liable for such messages.
Mobile Content. Wireless devices can be used to purchase goods, content and services (including subscription plans) such as ring tones, graphics, games and alerts from Simple Mobile or other companies. You are responsible for all Charges associated with such purchases from any Device assigned to your account.

9. Roaming and International Calling.  You acknowledge and agree that domestic and international roaming is not available under the Simple Mobile Service.  International Dialing. You must be enrolled in our International Long Distance ("ILD") service to make long distance calls. The Simple Mobile ILD service is not unlimited and per minute charges apply. Specific countryrates are published on mysimplemobile.com.

10. Taxes and Fees. Unless otherwise specified in a rate plan, you agree to pay all taxes, fees, and surcharges ("Taxes & Fees") imposed by the government. We may not always give advance notice of changes to these items. To determine Taxes & Fees, we will use the street address you identified as your Place of Primary Use ("PPU"). The PPU for Puerto Rico customers must be in Puerto Rico. If you did not identify the correct PPU, or provided us with an address (such as a PO box) that is not a recognized street address, does not identify the applicable taxing jurisdictions or does not reflect the Service area associated with your telephone number, you may be assigned a default PPU.     

Unless otherwise specified in a rate plan, you agree to pay all other charges we assess to recover or defray governmental charges or costs we incur in connection with the services we provide, such as Federal Universal Service, regulatory and administrative charges, or gross receipts taxes, without regard to whether these governmental charges or costs fund programs that provide benefits to you or in your location. These charges are not taxes or regulatory fees imposed directly on you, nor required by law to be billed to you, may be kept by us in whole or in part, and the amounts and what is included in these charges are subject to change without notice.

11. Payments. If we do not receive payment in full by the due date for the next periods service Simple Mobile may immediately suspend or cancel your Service.  Puerto Rico customers: This paragraph constitutes notice to Puerto Rico customers that your Service may be suspended or cancelled if you do not pay in full by the due date.

12. Your Right to Dispute Charges. If you have a dispute regarding your charges to your account, you agree to notify us of the dispute within 60 days (20 days for Puerto Rico customers) after the date you first receive the disputed bill or charge ("Dispute Period"), unless otherwise provided by law. If you do not notify us of your dispute in writing within this time period, you may not pursue a claim in arbitration or in court. Except for Puerto Rico customers and unless otherwise provided by law, you must pay disputed charges until the dispute is resolved. If you accept a credit, refund or other compensation or benefit to resolve a disputed bill or charge, you agree that the issue is fully and finally resolved. For unresolved disputes see Section 2 above. To contact or notify us, see Section 13. This paragraph is notice to Puerto Rico customers that payment of undisputed charges is due when you are notified, regardless of any dispute.

13. Notices and Customer Communications. You may contact our Customer Care department at www.mysimplemobile.com, or by calling (877) 878-7908. Notices from us to you are considered delivered when we send them to your Device or by email or fax to any email or fax number you provided to us, or 3 days after mailing to you. Notices from you to us are considered delivered when you send an email or 3 days after mailing to the addresses above.

14. Misuse of Service or Device. You agree not to misuse the Service or any Device, including: (a) reselling or rebilling our Service; (b) using the Service or Device to engage in unlawful activity, or engaging in conduct that adversely affects our customers, employees, business, or any other person(s), or that interferes with our operations, network, reputation, or ability to provide quality service; (c) tampering with or modifying your Device; (d) "spamming" or engaging in other abusive or unsolicited communications; (e) reselling Simple Mobile Devices for profit, or tampering with, reprogramming or altering Devices for the purpose of reselling the Device; or (f) assisting or facilitating anyone else in any of the above activities. You agree that you won't install, deploy, or use any regeneration equipment or similar mechanism (for example, a repeater) to originate, amplify, enhance, retransmit or regenerate a transmitted RF signal. You agree that a violation of this section harms Simple Mobile, which cannot be fully redressed by money damages, and that Simple Mobile shall be entitled to immediate injunctive relief in addition to all other remedies available.

15. Our Rights to Limit or End Service or the Agreement. WE MAY LIMIT, SUSPEND OR TERMINATE YOUR SERVICE OR AGREEMENT WITHOUT NOTICE FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, if you, any user of your Device, or any user on your account: (a) breaches the Agreement; (b) incurs Charges greater than any credit limitation on your account ; (c) provides inaccurate information ; (d) lives in an area where we don’t provide Service. (e) misuses your Service or Device as described herein; (f) uses your Service or Device in a manner that is excessive, unusually burdensome, or unprofitable to us; or (g) are on a Rate Plan that we determine is no longer available to you. We may impose credit, usage or other limits to your Service, suspend your Service, or block certain types of calls, messages or sessions (such as international, 900 or 976 calls), in our sole discretion and without notice. This paragraph constitutes notice to Puerto Rico customers that your Service may be suspended or cancelled if you engage in any of the foregoing actions in Sections 15 and 16, including but not limited to failing to pay amounts when due, in accordance with the Puerto Rico Suspension Regulation 5940 of March 12, 1999, promulgated by the Telecommunications Board where applicable, or in Simple Mobile's sole discretion. If your Service or account is suspended or terminated and then reinstated, you may be charged a reactivation fee.

17. Intellectual Property. You agree not to infringe, misappropriate or injure the intellectual property rights of Simple Mobile or any third party.  Except for a limited license to use the Services or Devices arising from the sale of a product, your purchase of Simple Mobile Devices and Services does not grant you any license to copy, modify, reverse engineer, download, redistribute, or resell the intellectual property of Simple Mobile or others related to the Devices and Services, which may be used only with Simple Mobile Service unless expressly authorized by Simple Mobile. You agree that a violation of this section harms Simple Mobile, which cannot be fully redressed by money damages, and that Simple Mobile shall be entitled to immediate injunctive relief in addition to all other remedies available.

18. Privacy Information. Our Privacy Policy governs how we use information related to your use of our Service and is available online at www.mysimplemobile.com/privacy. We may change our Privacy Policy without notice; however, if we change our policy to allow use or disclosure of personal information in a way that, in our sole determination, is materially different from that stated in the policy at the time the data was collected, we will post notice in advance of the change. Data on your Device may automatically be stored on your SIM card, Device or our network. Your data may remain on the Device even if your SIM card is removed; the data left on your Device will be accessible to others who use your Device, and may be deleted, altered, or transferred to our network servers.

Some Simple Mobile Devices automatically upload to Simple Mobile network servers information stored on your Device or your SIM card, such as your address book, ringtones, or other data. How we use this information is governed by our Privacy Policy found at www.simplemobile.com/privacy. You may choose not to use this service by contacting customer care; however, your Device will continue to upload your information to our servers but Simple Mobile will not retain the information. Not using this service may result in the loss of functionality or the availability of certain services or features, and the permanent loss of information stored on a lost or stolen Device.

19. Disclaimer of Warranties. EXCEPT FOR ANY WRITTEN WARRANTY THAT MAY BE PROVIDED WITH A DEVICE YOU PURCHASE FROM US, AND TO THE EXTENT PERMITTED BY LAW, THE SERVICES AND DEVICES ARE PROVIDED ON AN "AS IS" AND "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OF ANY KIND. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING YOUR SERVICE OR YOUR DEVICE. WE CAN'T PROMISE UNINTERRUPTED OR ERROR-FREE SERVICE AND DON'T AUTHORIZE ANYONE TO MAKE ANY WARRANTIES ON OUR BEHALF. THIS DOESN'T DEPRIVE YOU OF ANY WARRANTY RIGHTS YOU MAY HAVE AGAINST ANYONE ELSE. WE DO NOT GUARANTEE THAT YOUR COMMUNICATIONS WILL BE PRIVATE OR SECURE; IT IS ILLEGAL FOR UNAUTHORIZED PEOPLE TO INTERCEPT YOUR COMMUNICATIONS, BUT SUCH INTERCEPTIONS CAN OCCUR.

20. Waivers and Limitations of Liability. UNLESS PROHIBITED BY LAW, WE EACH AGREE TO LIMIT CLAIMS FOR DAMAGES OR OTHER MONETARY RELIEF AGAINST EACH OTHER TO DIRECT AND ACTUAL DAMAGES. THIS LIMITATION AND WAIVER WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, PRODUCTS LIABILITY, OR ANY OTHER THEORY. THIS MEANS THAT NEITHER OF US WILL SEEK ANY INDIRECT, SPECIAL, CONSEQUENTIAL, TREBLE, OR PUNITIVE DAMAGES FROM THE OTHER. THIS LIMITATION AND WAIVER ALSO APPLIES TO ANY CLAIMS YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT WE WOULD BE REQUIRED TO INDEMNIFY THAT PARTY FOR SUCH CLAIM. OUR LIABILITY FOR MONETARY DAMAGES FOR ANY CLAIMS YOU MAY HAVE AGAINST US IS LIMITED TO A REFUND OR REBATE OF THE PRORATED MONTHLY OR OTHER CHARGES YOU PAID OR OWE US FOR THE APPLICABLE SERVICE OR DEVICE. YOU AGREE WE ARE NOT LIABLE FOR PROBLEMS CAUSED BY YOU OR A THIRD PARTY. EXCEPT TO THE EXTENT PROHIBITED BY LAW, ALL CLAIMS MUST BE BROUGHT WITHIN 2 YEARS OF THE DATE THE CLAIM ARISES.

21. Indemnification. You agree to defend, indemnify, and hold us harmless from any claims arising out of use of the Service or any Devices, breach of the Agreement, or violation of any laws or regulations or the rights of any third party by you or any person on your account or that you allow to use your Service or Device.

22. Enforceability and Assignment. A waiver of any part of the Agreement in one instance is not a waiver of any other part or any other instance and must be expressly provided in writing. If we don’t enforce our rights under any provisions of the Agreement, we may still require strict compliance in the future. Except as provided in Section 2, if any part of the Agreement is held invalid that part may be severed from the Agreement. You can't assign the Agreement or any of your rights or duties under it without our written consent. We may assign all or part of the Agreement or your debts to us without notice. The Agreement is the entire agreement between us and defines all of the rights you have with respect to your Service or Device, except as provided by law, and you cannot rely on any other documents or statements by any sales, service representatives or other agents. If you purchase a Device, services or content from a third party, you may have a separate agreement with the third party; Simple Mobile is not a party to that agreement. The original version of the Agreement is in English. To the extent there are conflicts between the English version and any other language version, the English version will control. Any determination made by us pursuant to this Agreement, shall be in our sole reasonable discretion. Sections 2, 12, 13, 15, and 17 through 23 shall survive expiration or termination of our Agreement with you.

23. Choice of Law. This Agreement is governed by the Federal Arbitration Act, applicable federal law, and the laws of the state in which your billing address in our records is located, without regard to the conflicts of laws rules of that state. Foreign laws (except for Puerto Rico) do not apply. Arbitration or court proceedings must be in: (a) the county and state in which your billing address in our records is located, but not outside the U.S.; or (b) in Puerto Rico if your billing address is in Puerto Rico. If any provision of the Agreement is invalid under the law of a particular jurisdiction, that provision will not apply in that jurisdiction.

24. Prepaid Terms. Except as set forth in Section 14, or as otherwise required by law, Simple Mobile will not provide refunds or other compensation for unused airtime balances, lost or stolen prepaid cards, or coupons.  To use Simple Mobile Prepaid Service you must have a prepaid account balance; Service will be suspended when your account balance reaches zero. If you purchase a Device that is sold for use on Simple Mobile Prepaid Service, you agree that you intend it to be activated on our Service, and do not intend to, and will not, resell, modify and/or export the Devices, or assist someone in these activities. The charges for Service and the expiration period for your prepaid account balance may vary; see www.mysimplemobile.com for more information. You must use your account balance before the expiration date. Coverage specific to Simple Mobile Prepaid Service may be found at www.mysimplemobile.com.


25. Additional Terms for Data Plans and Features

The following terms apply to your data plan or feature ("Data Plan"). To the extent any term in your Data Plan expressly conflicts with the general Terms and Conditions, which also apply to your service, the term in your Data Plan will govern. Please read your Data Plan carefully.

1. Permissible and Prohibited Data Uses

Your Data Plan is intended for Web browsing, messaging, and similar activities on your device and not on any other equipment. Unless explicitly permitted by your Data Plan, other uses, including for example, tethering your device to a personal computer or other hardware, are not permitted.

Examples of prohibited uses include but are not limited to: (a) server devices or host computer applications, including continuous Web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections or peer-to-peer (P2P) file-sharing applications that are broadcast to multiple servers or recipients, "bots" or similar routines that could disrupt net user groups or email use by others or other applications that denigrate network capacity or functionality; (b) as a substitute or backup for private lines or dedicated data connections; (c) any activity that adversely affects the ability of other users or systems to use either Simple Mobile's services or the network-based resources of others, including the generation or dissemination of viruses, malware or "denial of service" attacks; (d) accessing, or attempting to access without authority, the information, accounts or devices of others, or to penetrate, or attempt to penetrate, Simple Mobile's or another entity's network or systems; or (e), running software or other devices that maintain continuously active Internet connections when a computer's connection would otherwise be idle, or "keep alive" functions. For example, you cannot use a Data Plan for Web broadcasting, or for the operation of servers, telemetry devices and/or supervisory control and data or (f) engaging in atypical web usage behavior.

2. Protective Measures

To provide a good experience for the majority of our customers and minimize capacity issues and degradation in network performance; we may take measures including temporarily reducing data throughput for a subset of customers who use a disproportionate amount of bandwidth. Additionally, in the event that a customer is in violation of the Permissible and Prohibited Data Uses listed above, we may reduce your data speed for the remainder of that billing cycle or terminate data service without notice or refund. We may also suspend, terminate, or restrict your data session, Plan, or service if you use your Data Plan in a manner that interferes with other customers' service, our ability to allocate network capacity among customers, or that otherwise may degrade service quality for other customers.

3. Downloadable Content and Applications

You can purchase Content and Applications (e.g., downloadable or networked applications, wallpapers, ringtones, games, and productivity tools) ("Content & Apps") for and with your compatible device. Some Apps that you can purchase with your device are not sold by Simple Mobile; for these Apps, you can identify the third party seller at the point of purchase. For these third party purchases, although the charges will appear on your Simple Mobile bill, Simple Mobile is not responsible for the App, including download, installation, use, transmission failure, interruption, or delay, or any content or website you may be able to access through the App. Any support questions for these Apps should be directed to the third party seller identified at the point of purchase. When you use, download or install an App sold by a third party seller, you may be subject to license terms between you and the third party seller and App developer. When you use, download, or install Content or Apps that you purchase from Simple Mobile, the Content or App is licensed to you by Simple Mobile and may be subject to additional license terms between you and the creator/owner of the Content or App. Whether purchased from Simple Mobile or a third party seller, any Content or App you purchase is licensed for personal, lawful, non-commercial use on your device only. You may not transfer, copy, or reverse engineer any Content or App, or alter, disable or circumvent any digital rights management security features embedded in the Content or App.

Simple Mobile is not responsible for any third party content or website you may be able to access using your device. You may encounter advertisements from other entities ("Third Party Ads") while you are browsing the Internet, or using an application on your device. Simple Mobile is not responsible for any Third Party Ads, or for any website or content that you may access by clicking on or following a link contained in a Third Party Ad.

Simple Mobile may retain, use, and share information collected when you download, use, or install some Content or Apps, may update your Content or App remotely, or may disable or remove any Content or App at any time. Refer to Simple Mobile's Privacy Policy as well as the Content or App creator/owner's privacy policy for information regarding the use of information collected when you download, install, or use any Content or App. We are not responsible for any transmission failure, interruption, or delay related to Content & Apps, or any content or website you may be able to access through the Content or App.

H20 Wirelss Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. They govern the relationship between you and H2O® Wireless GSM (Locus Telecommunications, Inc.) and explain our respective legal rights concerning all aspects of our relationship.

IF YOU USE THE SERVICE OR THE WIRELESS DEVICE, YOU CONSENT TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT USE THE SERVICE OR PHONE AND NOTIFY US IMMEDIATELY TO CANCEL SERVICE.

This is an agreement ("Agreement") for wireless radio telecommunications services and related services and/or features ("Service") between you and the entity licensed by the Federal Communications Commission to provide Service in the area associated with your assigned telephone, data and/or messaging number(s) ("Number") that is doing business as H2O® Wireless GSM, ("us" or "we"). The term "Device" means wireless receiving and transmitting equipment that we have authorized to be programmed with the Number.

I. SERVICE

  1. Availability/Interruption.H2O® Wireless customers have access to nationwide GSM coverage under the agreement between H2O® Wireless and its underlying carrier. Plan Terms Applicable to H2O® Wireless. Please review the coverage map, which shows a general representation of wireless coverage. The areas shown are proximate. This map may include areas served by unaffiliated carriers and may depict their licensed area rather than an approximation of their coverage. Actual coverage may vary and depends on system availability and system capacity, system repairs and modifications, customer’s equipment, terrain, signal strength, weather and other conditions.  LOCUS does not guarantee coverage or network availability. GSM wireless features require a compatible GSM 850/900/1900 dual, tri, or quad band phone, are only available in the GSM features area, and may require local telephone company support and message sender access to computer and modem. Not all features or Service offerings are available. Charges will be based on the location of the site receiving and transmitting the call, not your location. Rates apply to calls made within the H2O® Wireless Coverage Area. Your phone's display does not indicate the rate you will be charged.
  2. Use of Service/Device/Number. Reproduction, retransmission, dissemination or resale of Service is prohibited without prior written contractual arrangements from Locus Telecommunications, Inc. and any required regulatory approvals. You are responsible for ensuring that your Device is compatible with our Service and meets federal standards. You are responsible for the purchase and maintenance of any additional hardware, software and/or Internet access from your PC required to use the Service. You consent to receiving advertising, alerts and other broadcast messages from Locus Telecommunications, Inc. or our authorized agents. You have no ownership rights to the Number, any IP address, any e-mail address or any other identifier provisioned by us, our agents or the manufacturer of your Device to be used with the Service, and you agree we may change any such Number, IP address, e-mail address or any other identifier at any time with or without prior notice to you. Any Device purchased through our program has been manufactured to operate exclusively with Service provided by us. The Device cannot be activated with any other wireless carrier. By using Service, you agree to abide by the terms and conditions of any applicable software license.
  3. Unauthorized Usage. You agree not to use the Device or Service for any unlawful, unauthorized or abusive purpose or in any way that damages our property or others' property, or interferes with, harms or disrupts our system or other operators' systems or other users. You will comply with all laws while using the Service and you will not transmit any communication or data that would violate any laws, court order, or regulation, or would likely be offensive to the recipient. You are responsible for all content you transmit using the Service. You may not install any amplifiers, enhancers, repeaters or other devices that modify, disrupt or interfere in any way with the radio frequency licensed to us to provide Service. If your Device, user name or password is stolen or Service is fraudulently used, you must immediately notify us and provide us with such documentation and information as we may request (including affidavits and police reports). Until you notify us, you will remain responsible for all charges. We have the right to interrupt or restrict Service to your Number, without notice to you, if we suspect fraudulent, illegal, or abusive activity. You agree to cooperate with us in any fraud investigation and to use any fraud prevention measures we prescribe. Failure to provide reasonable cooperation may result in your liability for all fraudulent usage.
  4. Release of Information. You consent to our release of information about you when we believe release is appropriate to comply with the law (e.g. a lawful subpoena, E911 information); to enforce or apply our customer agreements; to initiate, render, bill and collect for Services; to protect our rights or property; to protect users of those Services and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, such Services; or if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of records without delay. You are deemed to have reviewed and consented to our Privacy Policy posted on our website at www.H2OWirelessNow.com .
  5. Your Rights to End This Agreement. You may terminate your Service at any time by notifying us of your intention to terminate Service. There is no penalty or termination fee; however, it may take up to 30 days to process the termination request and the balance remaining in your account is forfeited upon termination of Service. Your Service will resume and the termination request will be cancelled if you use your Service prior to our processing your termination notification.

II. CHARGES/PAYMENTS/DEFAULT

  1. Generally. You are responsible for paying all charges, including but not limited to: airtime, access, features, voice mail access, voice mail delivery, data usage, text messages, downloadable content, alerts, roaming, long distance, directory and operator assistance charges, the price of Devices and accessories, charges for other goods and services and shipping/handling fees. You will be billed at domestic airtime or roaming rates (please refer to rate card) for 800, 866, 877, 888, and other "toll free" calls. Applicable international charges will always be billed for direct dial calls placed from your wireless phone. A long distance provider chosen by Locus Telecommunications, Inc. will provide your long distance. For all calls, the length of the call will be measured during the time that you are connected to our system, which is approximately from the time you press "Send" or other key to begin a call until approximately the time you press "End," or other key to terminate the call. Airtime usage on each call is deducted in full minute increments, with partial minutes of use rounded up to the next full minute. For calls placed in the United States, you will not be charged for busy or unconnected calls if you press "End" or "No" within 30 seconds. Unanswered calls lasting 30 seconds or more will be charged standard airtime and rounded up to the nearest minute. Call waiting, 3-way calling, call forwarding, voicemail will incur applicable airtime or roaming and wireless long distance charges. Please note you may be charged a higher rate for calls made off-network. You will be charged for any check or electronic bank draft returned for non-payment. Please refer to your rate card for details. 
  2. Account Balance. All charges incurred will be deducted automatically from your account. Any amounts loaded into your account are not transferable or refundable. You should take reasonable efforts to safeguard your Phone and replenishment airtime cards. No refunds or other compensations will be given for returned, expired, lost, damaged, or stolen cards. Amounts deposited to your account expire between 30 to 90 days depending on card denomination. However, if additional amounts are placed into your account before the current account balance expires, the existing balance will be carried over to the new expiration date. If new amounts are not added to your account prior to the expiration date any remaining amounts will be forfeited. Your account will be canceled if there is no usage (billable or non-billable) or if the balance remains as $0 for 30 consecutive days or more and you may be required to pay a fee to resume service. Credit card replenishment is available; limitations apply. In some instances you may be able to complete a call when the billing functionality is interrupted. When this occurs you will not receive correct balance information. All calls, however, will be deducted from your account and the balance updated when the billing functionality is operable. You are responsible for all data usage sent through our network and associated with the Device, regardless of whether the Device actually receives the information. For H2O® Wireless MONTH planonly: Airtime expiration is 30 days from date loaded onto your phone. To ensure uninterrupted service, you are required to recharge your account every 30 days. Your account will be canceled if the balance remains at $0 for 5 consecutive days or more.
  3. Use of Service/Rates. Your Service rates and other charges and conditions for each Number or Phone are described in the replenishment card packaging, at our website at www.H2OWirelessNow.com, and in the "Sales Information" (the user guide and other printed materials provided by us either in the Starter Kit you received when submitting your Device for use with the Service or in the packaging of the Device you purchased to be used with the Service) you received, each of which is a part of this Agreement. You can place domestic and international calls from the U.S. to certain designated international locations. The prepaid per minute rates are based on the card value purchased. International rates vary and are subject to change. Call Customer Care (at the number listed on our website or in your replenishment card packaging) or visit www.H2OWirelessNow.com  for international rates and available countries. You cannot use the Service to place calls to 500, 700, 855, 900 or 976 numbers; or to place operator-assisted calls such as third-party-billed, and collect calls. Rates for calls to directory assistance are $3.00 per call plus airtime or roaming charges. You will be billed at domestic rates for 800, 888, 877, and 866 number calls. You are responsible for all taxes and surcharges associated with your use of the Service. Other than calls to 911, you can only make and receive calls when your account has a positive balance. Special dialing patterns may be required when making roaming calls. Some locations require a credit card to complete a call; these rates will be higher. When in these areas, you will not be able to receive calls. Prepaid wireless service is not available for purchase or use in all areas. When using Call Waiting or Three-Way Calling, you will incur two simultaneous airtime charges and if you disconnect from a conference call while the other two parties remain connected, you will continue to incur airtime charges for all calls. For H2O® Wireless DAY plan: Nights are local time 9:00pm to 6:59am Mon.-Fri.; Weekends are local time 9:00pm Fri. to 6:59am Mon. For H2O® Wireless MONTH planonly: Directory assistance, International Calling, Call Forwarding, 3-way Calling and Roaming are NOT available for H2O® Wireless MONTH plan. Nationwide long distance included within the 50 states, Puerto Rico and U.S. Virgin Islands.
  4. Default/Termination. If you breach any representation to us or fail to perform any of the promises you made in the Agreement, you will be in default and we may, without notice to you, suspend Service and/or terminate this Agreement, in addition to all other remedies available to us.
  5. Account Information. Any person able to provide your Number and personal identification number is authorized by you to make changes to your account. You consent to disclosure of any information about you to any person as permitted by law if any Device programmed with your Number calls an emergency service number such as 911 or, if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of records without delay.
  6. CPNI Consent. Under federal law, you have a right, and we have a duty, to protect the confidentiality of information about the amount, type, and destination of your wireless service usage (CPNI). You consent to us sharing your CPNI with Locus Telecommunications, Inc., its affiliates and its contractors, to develop or bring to your attention any products and services. This consent survives the termination of your Service and is valid until you remove it. To remove this consent at any time, notify us in writing at Locus Telecommunications, Inc. Attn: CPNI, P.O. Box 376 Fort Lee, NJ 07024, providing your name, home address, home telephone including area code, and personal identification number. Removing consent will not affect your current Service.

III. UNLIMITED USAGE

You agree that the H2O® Wireless MONTH and DAY plans are to be used for voice and SMS messaging only between two individuals. You agree that the Service is not to be used for any type of monitoring service, data transmission, transmission of recorded material or broadcasts, call forwarding, conference calling or other use that does not consist of uninterrupted live voice or SMS messaging between two individuals. LOCUS may terminate or suspend Service or change your plan to one that does not offer unlimited Service if Locus determines that you are using the unlimited Service offer in an unauthorized manner as described in this section. LOCUS will make best efforts to give prior notice before taking any above action and you may terminate the unlimited Service.

  1. UNLIMITED Voice Services. UNLIMITED voice services are provided solely for live dialog between two individuals. UNLIMITED voice services may not be used for conference calling, 3-way calling, call forwarding, monitoring services, data transmissions, transmission of broadcasts, transmission of recorded material, or other connections that do not consist of uninterrupted live dialog between two individuals. If LOCUS finds that you are using an UNLIMITED voice service offering for anything other than live dialog between two individuals, LOCUS may at its option terminate your service or change your plan to one with no UNLIMITED usage components. LOCUS will provide notice that it intends to take any of the above actions, and you may terminate the Agreement.
  2. UNLIMITED Text Services.UNLIMITED DOES NOT MEAN UNREASONABLE USE. UNLIMITED text services are provided solely for live messaging purposes between two individuals. UNLIMITED text services may not be used for Premium SMS which utilizes short codes, SMS chat programs, monitoring services, data transmissions, or other connections that do not consist of uninterrupted live messaging purposes between two individuals. If LOCUS finds that you are using an UNLIMITED text service offering for anything other than live messaging purposes between two individuals, LOCUS may at its option terminate your service or change your plan to one with no UNLIMITED usage components. LOCUS will provide notice that it intends to take any of the above actions, and you may terminate the service with LOCUS.  Text messages are limited to 160 characters per message. Premium text messages are NOT permitted under UNLIMITED Text Services. Picture/video messages are currently NOT available for H2O®Wireless subscribers. H2O®Wireless UNLIMITED currently supports international text messaging. LOCUS does not guarantee delivery of messages and reserves the right to change this offer as needed without notification. Text messages, including downloaded content, not delivered within 7 days will be deleted. LOCUS reserves the right to change this delivery period as needed without notification. You are charged for each part of messages that are delivered to you in multiple parts. When a single message is sent to multiple recipients, the sender is charged for one message for each recipient and each recipient is charged for the message received.

IV. LIMITATIONS

The parties intend that the limitations on liability, warranty and damage awards provided for in this Agreement will apply to the fullest extent allowed by law. Some jurisdictions do not allow the exclusion of certain warranties or the waiver, limitation or exclusion of liability for punitive, incidental or consequential damages, or for intentional or willful conduct in some circumstances. To the extent that applicable law does not permit any of these limitations, they will not apply to you.

  1. Limitation of Liability. WE ARE NOT LIABLE FOR ACTS OR OMISSIONS OF ANOTHER SERVICE PROVIDER OR ANY THIRD PARTY PROVIDERS OF SERVICES RELATED TO USE OF THE DEVICE OR SERVICE, FOR INFORMATION PROVIDED THROUGH YOUR DEVICE, LACK OF PRIVACY OR SECURITY EXPERIENCED WHEN USING THE DEVICE, EQUIPMENT FAILURE OR MODIFICATION, OR OTHER CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING WITHOUT LIMITATION ANY REPRESENTATIONS THAT THE SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE FROM UNAUTHORIZED ACCESS (INCLUDING THIRD PARTY HACKERS OR DENIAL OF SERVICE ATTACKS). WE ARE NOT LIABLE FOR SERVICE OUTAGES, NOR FOR SERVICE LIMITATIONS OR INTERRUPTIONS, AS DESCRIBED IN PARAGRAPH 1.C ABOVE. OUR LIABILITY AND THE LIABILITY OF ANY UNDERLYING CARRIER FOR ANY FAILURE OR MISTAKE SHALL IN NO EVENT EXCEED OUR SERVICE CHARGES DURING THE AFFECTED PERIOD. Locus Telecommunications, Inc., AND ANY UNDERLYING CARRIER ARE NOT LIABLE FOR ANY INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES SUCH AS LOST PROFITS. YOU AND WE BOTH WAIVE TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIMS TO RECOVER INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. WE AND ANY UNDERLYING CARRIER ARE NOT LIABLE FOR (i) ECONOMIC LOSS OR INJURIES TO PERSONS OR PROPERTY ARISING FROM USE OF THE SERVICE, THE DEVICE OR ANY EQUIPMENT USED IN CONNECTION WITH THE DEVICE UNLESS CAUSED BY OUR SOLE AND GROSS NEGLIGENCE, OR (ii) THE INSTALLATION OR REPAIR OF THE DEVICE BY ANY PARTIES WHO ARE NOT OUR EMPLOYEES. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
  2. Indemnification. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US, OUR AFFILIATES AND AGENTS AND ANY OTHER SERVICE PROVIDER, HARMLESS FROM CLAIMS OR DAMAGES RELATING TO THIS AGREEMENT OR YOUR PROMISES OR STATEMENTS MADE IN IT AND USE OF THE DEVICE OR SERVICE UNLESS DUE TO OUR SOLE AND GROSS NEGLIGENCE. YOU ALSO AGREE TO PAY OUR REASONABLE ATTORNEYS' AND EXPERT WITNESS FEES AND COSTS INCURRED IN ENFORCING THIS AGREEMENT THROUGH APPEAL EXCEPT AS PROVIDED IN PARAGRAPH 5, BELOW. USE OF YOUR DEVICE WHILE OPERATING A MOTOR VEHICLE OR IN ANOTHER DISTRACTED OR NEGLIGENT MANNER MAY BE PROHIBITED, OR RESTRICTED BY LAW IN SOME AREAS. IT IS YOUR RESPONSIBILITY TO CONFORM TO ALL SUCH LAWS OR REGULATIONS AND YOU SHALL INDEMNIFY US FROM CLAIMS ARISING FROM ANY SUCH UNLAWFUL OR NEGLIGENT USE. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
  3. No Warranties. WE MAKE NO EXPRESS WARRANTY REGARDING THE SERVICE OR THE DEVICE OR ANY SERVICES PROVIDED BY ANY THIRD PARTIES, AND DISCLAIM ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT AUTHORIZE ANYONE TO MAKE ANY WARRANTY ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. WE ARE NOT THE MANUFACTURER OF THE DEVICE AND ANY STATEMENT REGARDING IT SHOULD NOT BE INTERPRETED AS A WARRANTY. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

V. RESOLUTION OF DISPUTES

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF MOST DISPUTES THROUGH ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. ARBITRATION IS FINAL AND BINDING AND SUBJECT TO ONLY VERY LIMITED REVIEW BY A COURT. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

  1. Binding Arbitration It is intended that this provision be interpreted broadly to encompass all disputes or claims arising out of our relationship. Any dispute or claim, including those against any of our subsidiary, parent or affiliate companies, arising out of or relating to this Agreement, our Privacy Policy or the Service or any equipment used in connection with the Service (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration except that (1) you may take claims to small claims court if they qualify for hearing by such a court, or (2) you or we may choose to pursue claims in court if the claims relate solely to the collection of any debts you owe to us.
  2. Arbitration Procedures. You must first present any claim or dispute to us by contacting Customer Care to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute has not been resolved within 90 days. The arbitration of any dispute or claim shall be conducted in accordance with the American Arbitration Association ("AAA") under the Wireless Industry Arbitration Rules ("WIA Rules"), as modified by this Agreement. The WIA Rules and information about arbitration and fees are available upon request from the AAA online at www.adr.org. You and we agree that this Agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law. Unless you and we agree otherwise, any arbitration will take place in the county seat for the county in which your billing address is located. At either party's election, the arbitration shall be held telephonically. An arbitrator may award any relief or damages (including injunctive or declaratory relief) that a court could award, except an arbitrator may not award relief in excess of or contrary to what this Agreement provides and may not order relief on a consolidated, class wide or representative basis. In any arbitration applying the WIA Rules applicable to large/complex cases, the Arbitrators must also apply the Federal Rules of Evidence, and the losing party may have the award reviewed in accordance with the review procedures set forth in the WIA Rules. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.
  3. Costs of Arbitration. For claims of less than $1,000, you will be obligated to pay $25 and we will pay all other administrative costs and fees. For claims over $1,000 but under $75,000, you will be obligated to pay your share of the arbitration fees, but no more than the equivalent court filing fee for a court action filed in the jurisdiction where your billing address is located. For arbitrations in excess of $75,000, all administrative fees and expenses of arbitration will be divided equally between you and us. In all arbitrations, each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration.
  4. Waiver of Class Actions. By this Agreement, both you and we are waiving certain rights to litigate disputes in court. You and we both agree that any arbitration will be conducted on an individual basis and not on a consolidated, class wide or representative basis. If for any reason this arbitration clause is deemed inapplicable or invalid, or to the extent this arbitration clause allows for litigation of disputes in court, you and we both waive, to the fullest extent allowed by law, any right to pursue any claims on a class or consolidated basis or in a representative capacity.
  5. Limitations Period. Any arbitration or legal action with respect to any and all claims or causes of action related to or arising out of this Agreement must be brought within two years after the cause of action arises, or within the applicable statutory period of time, whichever is shorter. This limitations period does not apply to any given cause of action when the statutory limitations period for that cause of action cannot be waived, restricted or otherwise limited by you.

VI. BROADBAND

H2O® Broadband powered by Locus Telecommunications, Inc. is a no-contract mobile broadband service which allows you to access the Internet from your laptop and/or personal computer on-the-go. H2O® Broadband service may only be used with a H2O® Broadband USB device that plugs into your computer's USB port.

  1. Plans and Usage In order to access the internet using H2O® Broadband, you must purchase a data plan. The following plans are available with H2O® Broadband service:

    1 GB Month plan
    1 GB of data usage for Internet access*

    Best for users that:
    • Need a mobile connection 48-50 hours a month
    • Send or receive email with small or medium attachments
    • Moderate Web Browsing
    • Download or upload medium-size files
    • Download 10 songs per month

    $50 30-day access

    300 MB Week plan
    300 MB of data usage for Internet access*

    Best for users that:
    • Need a mobile connection 14-15 hours a week
    • Send or receive email with small or no attachments
    • Light Web Browsing
    • Download or upload small files
    • Download a song or two once in a while

    $30 7-day access

    100 MB Day plan
    100 MB of data usage for Internet access*

    Best for users that:
    • Need a mobile connection 4-5 hours for a day
    • Send or receive email with small or no attachments
    • Light Web Browsing
    • Download or upload small files

    $15 24-hour access

    Your data usage will be deducted from the available funds in your H2O® Broadband account. Unused data expires 24-hours, 1 week or 30 days from the point the H2O® Broadband‘s respective plans were added. If you use your data plan before the end of the data expiration date, you must purchase an additional H2O® Broadband Plan in order to continue using H2O® Broadband service. Roaming charges may apply to use via non-H2O-owned networks. International use requires international service activation and international rates apply; unless international service purchased separately, domestic use only. Data usage per activity is based on an average. Bandwidth varies by website, video, email, and other internet applications.

    *Approximate Data Usage Examples: Basic information and examples showing the approximate data usage for several common internet activities appear below.

The speed of the H2O® Broadband data network is measured in Kilobits (kb) per second. However, the amount of data transmitted over the H2O® Broadband data network is measured in Kilobytes (KB), Megabytes (MB) or Gigabytes (GB).

Bit

A unit of information that represents a single character

Byte

A unit of information composed of 8 bits

Kilobyte

1,024 bytes (measuring the number of kilobytes tells you the size of a file and/or the amount of data you have used)

Megabyte

1,024 Kilobytes (measuring the number of megabytes tells you the size of a file and/or the amount of data you have used)

Gigabyte

1,024 Megabytes (measuring the number of gigabytes tells you the size of a file and/or the amount of data you have used)

Examples

Application

Approximate Size

E-mail (1 text page without attachments)

4 KB

Word Document (5 text pages)

70 KB

Typical Web Page lookup1

400 KB

Low Resolution Digital Photo

500 KB

PowerPoint Presentation (20 pages text & light graphics)

3 MB

Note: The above examples are just estimates, based on approximate size assumptions. Actual file sizes and user experiences will vary. 1Graphically intense pages or pages with video can exceed 3MB.

  1.  
  2. Account Status. You may purchase your H2O® Broadband plan using a credit, debit card or an H2O® Broadband airtime card. Your H2O® Broadband account will be cancelled and/or your service deactivated after 24-hours, 1 week or 30 days from the point the H2O® Broadband‘s respective plans were activated if you do not purchase a new H2O® Broadband plan before your current plan expires. Any funds left in your account after your plan expires will be forfeited and non-refundable. If your account expires and is deactivated, you must follow the activation process again in order to use H2O® Broadband service. You may visit our website (www.H2OBroadband.com) or contact H2O® Broadband Customer Service Representatives at 1-800-550-6403 to reactivate your account. Although you may reactivate your account, you will not be able to reclaim the cash balance or any data that remained in your account before it was cancelled. If you have a H2O® Wireless phone account and a H2O® Broadband account, these accounts are maintained separately. You may not transfer the balance between your H2O® Wireless phone account and your H2O® Broadband account.
  3. Specific Terms and Restrictions on Using Data Services. The Data Plans or Features are for individual use only and you may not offer them for resale. You are responsible for all data activity from and to your device, regardless of who initiates the activity. Estimates of data usage will vary from actual use. You may not use the Data Service: (1) with server devices or host computer applications, including, but not limited to, Web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections or peer-to-peer (P2P) file sharing or other systems that drive continuous heavy traffic or data sessions; (2) as a substitute or backup for private lines or frame relay connections, (3) with "auto-responders," "cancel-bots," or similar automated or manual routines which generate excessive amounts of net traffic, or which disrupt net user groups or email use by others, (4) "spam" or unsolicited commercial or bulk email (or activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email); or (5) any activity that adversely affects the ability of other people or systems to use either H2O® Broadband services or other parties' Internet-based resources. Locus further reserves the right to take measures to protect our network and other users from harm, compromised capacity or degradation in performance. These measures may impact your service, and Locus reserves the right to deny, modify or terminate service, with or without notice, to anyone we believe is using Data Plans or Features in a manner that adversely impacts our network performance or hinders access to our network. Locus may monitor your compliance, or the compliance of other subscribers, with these terms and conditions, but we will not monitor the content of your communications except as otherwise expressly permitted or required by law. See www.H2OBroadband.com/
  4. Data Services and Content. Data services available through H2O® Broadband may allow you to access the Internet, text, pictures, games, graphics, music, email, sound and other materials (“Data Content”) and send Data Content elsewhere. Data Content can be accessed from other third-party websites or services. We make absolutely no representations, warranties or guarantees about the Data Content you access through H2O® Broadband device. Data Content may be: unsuitable for children/minors; unreliable or inaccurate; or offensive, indecent or objectionable. You are solely responsible for evaluating the Data Content accessed by you or anyone using your H2O® Broadband device. We strongly recommend that you monitor content access by children or minors. Prior to accessing certain content which may be inappropriate for children/minors, we may require you to provide certain personal information in order to verify that you are at least 18 years of age. Data Content from third parties may also harm your H2O® Broadband device or its software. To protect our network or services, or for any other reason, we may place restrictions on accessing certain Data Content, impose separate charges, limit the amount of data you can access or transfer, or otherwise limit or terminate services.

VII. MISCELLANEOUS

Not all plans or Services are available for purchase or use in all sales channels, in all areas or with all devices. LOCUS is not responsible for loss or disclosure of any sensitive information you transmit. LOCUS' wireless services are not equivalent to landline Internet. LOCUS is not responsible for nonproprietary services or their effects on devices. LOCUS RESERVES THE RIGHT TO TERMINATE YOUR SERVICES WITH OR WITHOUT CAUSE, INCLUDING WITHOUT LIMITATION, UPON EXPIRATION OR TERMINATION OF YOUR WIRELESS SERVICE. You may receive unsolicited messages from third parties as a result of visiting Internet sites, and a per-message charge may apply whether the message is read or unread, solicited or unsolicited.

  1. Privacy. We are not liable for any lack of privacy, which may be experienced with regard to the Service. You authorize our monitoring and recording of calls to us concerning your account or the Service and consent to our use of automatic dialing equipment to contact you. We have the right to intercept and disclose any transmission over our facilities in order to protect our rights or property.
  2. Assignment. We may assign all or part of this Agreement without such assignment being considered a change to the Agreement, and without notice to you. We are then released from all liability. You may not assign this Agreement without our prior written consent.
  3. Notices. We may send you notice by mail or electronic means, in our sole discretion. Notices to you shall be effective 1) 3 days following the date deposited in the U.S. Mail or delivered to a nationally recognized courier or delivery service, postage prepaid and addressed to your address as kept in our files and/or 2) immediately upon our transmission using an electronic means such as e-mail or text messaging service. You are responsible for notifying us of any changes in your mailing or e-mail address. Written notice to us shall be effective when directed to our Customer Care Department (at the mailing address listed on our website) and received by us. Oral and electronic notices shall be deemed effective on the date reflected in our records. Your notice must contain specific information adequate to identify you and your Service.
  4. Entire Agreement. These Terms and Conditions, together with the Sales Information, represent the entire agreement between you and us, which may only be amended as described in this Agreement. This Agreement supersedes any inconsistent or additional representations made to you by any of our representatives, agents or dealers. If any part of this Agreement is found invalid, the balance of the Agreement remains enforceable. If, at any time, we do not enforce any right or remedy available under this Agreement, that failure is not a waiver of our right to enforce the right or remedy at a later time. Copied, microfiche, scanned or other duplicate or electronic images of this Agreement are admissible for all purposes.
  5. Governing Laws.This Agreement is subject to applicable federal laws, federal or state tariffs, if any, and the laws of the state associated with the Number. Where a state agency or the FCC regulates the terms and conditions of our Service, the regulations are available for your inspection; if there is any inconsistency between this Agreement and those regulations, this Agreement shall be deemed amended as necessary to conform to such regulations.
  6. Capacity. You represent that you are legally competent to enter into this Agreement, and that you are not aware of any disability that would prevent you from entering into this Agreement.

VII. TAXES AND OTHER FEES

In many jurisdictions, certain recurring fees or taxes will be debited from your account balance as allowed by law. Other taxes, surcharges and fees apply on top of refill denominations.

T-Mobile Terms & Conditions 

 

Effective July 18, 2010.

Your agreement with T-Mobile includes these Terms and Conditions (“T&Cs”), your Service Agreement, applicable supplemental terms and conditions, and your Rate Plan terms, which are available at www.T-Mobile.com (collectively “Agreement”). Your Rate Plan includes your monthly Service allotments for minutes, messages or data (“Allotments”), rates, coverage and other terms (“Rate Plan”). To the extent any term in your Rate Plan expressly conflicts with these T&Cs, the term in your Rate Plan will govern.  Your Agreement applies to each line of Service although different T&Cs may apply to different lines of Service on your account.

 

Please read these T&Cs carefully. They cover important information about T-Mobile services provided to you (“Service”); your phone, handset, device, SIM card, data card, or other equipment or third party device used with our Service (“Device”); and any access and usage charges, taxes, fees and other charges we bill you or that were accepted or processed through your Device (“Charges”). These T&Cs include fees for early termination and late payments, limitations of liability, privacy and resolution of disputes by arbitration instead of in court. 

 

You and any authorized users on your account will have access to account information and may be able to make changes to the account. If you give your personal account validation information to someone, they can access and make changes to your account. Those changes will be binding on you. You may request to switch to another Rate Plan, and if we authorize the change, fees may apply. Authorized changes may require your agreement to a new minimum term and/or new T&Cs.

 

1. Acceptance. YOUR AGREEMENT WITH T-MOBILE STARTS WHEN YOU ACCEPT. You represent that you are at least 18 years old (21 years old or legally emancipated if you are a Puerto Rico customer) and you are legally authorized to enter into this Agreement. You accept your Agreement by doing any of the following: (a) giving us a written or electronic signature, or telling us orally that you accept; (b) activating Service; (c) using your Service after you make a change or addition; (d) paying for the Service or a “T-Mobile Device” (a Device purchased from T-Mobile, a T-Mobile dealer, or other T-Mobile authorized retailer (“Dealer”)); or (e) opening the T-Mobile Device box or failing to activate Service within 30 days after the purchase of your T-Mobile Device, unless returned within the Cancellation Period (as defined in Section 4). IF YOU DON'T WANT TO ACCEPT, DON'T DO ANY OF THESE THINGS.

 

2. * Dispute Resolution and Arbitration. WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW (AND EXCEPT AS TO PUERTO RICO CUSTOMERS), ANY AND ALL CLAIMS OR DISPUTES IN ANY WAY RELATED TO OR CONCERNING THE AGREEMENT, OUR SERVICES, DEVICES OR PRODUCTS, INCLUDING ANY BILLING DISPUTES, WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT.  This includes any claims against other parties relating to Services or Devices provided or billed to you (such as our suppliers, Dealers or third party vendors) whenever you also assert claims against us in the same proceeding. We each also agree that the Agreement affects interstate commerce so that the Federal Arbitration Act and federal arbitration law apply (despite the choice of law provision in Section 26). THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR MUST FOLLOW THIS AGREEMENT AND CAN AWARD THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING ATTORNEYS’ FEES).

For all disputes (except for Puerto Rico customers), whether pursued in court or arbitration, you must first give us an opportunity to resolve your claim by sending a written description of your claim to the address in Section 15 below. We each agree to negotiate with each other in good faith about your claim. If we do not resolve the claim within 60 days after we receive this claim description, you may pursue your claim in arbitration. You may pursue your claim in a court only under the circumstances described below. We each agree that if you fail to timely pay amounts due, we may assign your account for collection, and the collection agency may pursue in court claims limited strictly to the collection of the past due amounts and any interest or cost of collection permitted by law or the Agreement.

 

Notwithstanding the above,YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION if: (a) your claim qualifies, you may initiate proceedings in small claims court; or (b) YOU OPT OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE YOU ACTIVATED SERVICE FOR THE RELEVANT LINE (the “Opt Out Deadline”). You must opt out by the Opt Out Deadline for each line of Service. You may opt out of these arbitration procedures by calling 1-866-323-4405 or completing the opt-out form located at www.T-Mobiledisputeresolution.com. Any opt-out received after the Opt Out Deadline will not be valid and you must pursue your claim in arbitration or small claims court.

 

If the arbitration provision applies or you choose arbitration to resolve your disputes, then either you or we may start arbitration proceedings. You must send a letter requesting arbitration and describing your claim to our registered agent (see Sec. 15) to begin arbitration. The American Arbitration Association (AAA) will arbitrate all disputes. For claims of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for claims over $75,000, the AAA’s Commercial Arbitration Rules will apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. Upon filing of the arbitration demand, we will pay all filing, administration and arbitrator fees for claims that total less than $75,000. For claims that total more than $75,000, the payment of filing, administration and arbitrator fees will be governed by the AAA Commercial Arbitration Rules. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees. In addition, for claims under $75,000 as to which you provided notice and negotiated in good faith as required above before initiating arbitration, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys’ fees and costs. Except for claims determined to be frivolous, T-Mobile agrees not to seek an award of attorneys’ fees in arbitration even if an award is otherwise available under applicable law.  Puerto Rico customers:  Refer to Section 14 for details of the Puerto Rico Telecommunications Dispute Procedure.

 

CLASS ACTION WAIVER. WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION.   If a court or arbitrator determines in an action between you and us that this waiver is unenforceable, the arbitration agreement will be void as to you. If you chose to pursue your claim in court by opting out of the arbitration provision as specified above, this Class Action Waiver provision will not apply to you. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt out requirements above.

 JURY TRIAL WAIVER. If a claim proceeds in court rather than through arbitration, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.

 3. * Your Term of Service and Termination Fees.  Your “Term” is the period of time for which you have agreed to maintain Service with us.  Periods of suspension of Service do not count toward your Term. After your Term, you will become a month-to-month customer. Except for month-to-month customers, AN EARLY TERMINATION FEE WILL APPLY TO EACH LINE OF SERVICE IF YOU DO NOT MAINTAIN YOUR AGREED-UPON SERVICES THROUGH THE END OF YOUR TERM FOR THAT LINE OF SERVICE, OR IF WE TERMINATE YOUR SERVICE EARLY (see Section 18).  THE EARLY TERMINATION FEE IS: $200 IF TERMINATION OCCURS WITH MORE THAN 180 DAYS REMAINING ON YOUR TERM; $100 IF TERMINATION OCCURS WITH 91 TO 180 DAYS REMAINING ON YOUR TERM; $50 IF TERMINATION OCCURS WITH 31 TO 91 DAYS REMAINING ON YOUR TERM; AND THE LESSER OF $50 OR YOUR MONTHLY RECURRING CHARGES (including any applicable taxes and fees) IF TERMINATION OCCURS IN THE LAST 30 DAYS OF YOUR TERM. Some Devices require maintaining certain features or Services (e.g. a data plan) as part of your Rate Plan, and cancelling them before the end of your Term will result in an Early Termination Fee.  The Early Termination Fee is part of our rates and is not a penalty. The Early Termination Fee applies only to the extent permitted by law. If you terminate your Service, your termination will be effective at the end of your current billing cycle, and you will remain responsible for all fees and Charges for your Service and usage through the end of that billing cycle. If we terminate your Service, we will determine the date of termination, and you will be responsible for all usage and Charges through the date of termination. You can request that we port your number to another carrier, and Service for that number will be terminated when the porting is complete.  If you port your number, you may be responsible for all usage and Charges through the end of your current billing cycle.  If you bought your wireless Device from a Dealer, they may charge a separate fee associated with cancellation.

 

4. * Cancellation and Returns.  Service Cancellation:  You can cancel a new line of Service without paying an Early Termination Fee if you cancel WITHIN 14 DAYS of activating a new line of Service (30 days in California; other states may differ – ask your sales representative) (“Cancellation Period”).  You remain responsible for all Charges incurred through the date of cancellation. To cancel Service during the Cancellation Period, you may be required to go to the place where you activated Service and return any T-Mobile Device you acquired at the time of activation.  If you do not return your T-Mobile Device, we may prevent it from working on any network, and we may elect not to process your Service cancellation or you may be charged the suggested retail price of the T-Mobile Device, (which may be greater than the price you paid), plus any shipping and handling charges. Device Refunds:  For T-Mobile Device and accessory returns and exchanges, see the applicable return policy, which is available at your place of purchase.  Some T-Mobile Devices and accessories may not be refunded or exchanged, and you may be required to pay a restocking fee.

 

5. Our Rights to Make Changes.  This provision, which describes how changes may be made to your Agreement, is subject to requirements and limitations imposed by applicable law, and will not be enforced to the extent prohibited by law. Your Service is subject to our business policies, practices, and procedures, which we can change without notice.  WE CAN CHANGE ANY TERMS IN THE AGREEMENT AT ANY TIME. YOU MAY CANCEL THE AFFECTED LINE OF SERVICE WITHOUT AN EARLY TERMINATION FEE (if applicable) IF:  (A) WE CHANGE YOUR PRICING IN A MANNER THAT MATERIALLY INCREASES YOUR MONTHLY RECURRING CHARGE(S) (the amount you agreed to pay each month for voice, data and messaging, which does not include overage, pay-per-use or optional services (such as 411, or downloads), or taxes and fees);
(B) WE MATERIALLY DECREASE THE SERVICE ALLOTMENTS WE AGREED TO PROVIDE TO YOU FOR YOUR MONTHLY RECURRING CHARGE; OR  (C)  WE MATERIALLY CHANGE A TERM IN THESE T&Cs OTHER THAN PRICING IN A MANNER THAT IS MATERIALLY ADVERSE TO YOU.  WE WILL PROVIDE YOU WITH AT LEAST 30 DAYS’ NOTICE OF ANY CHANGE WARRANTING CANCELLATION OF THE AFFECTED LINE OF SERVICE WITHOUT AN EARLY TERMINATION FEE (WHICH IS YOUR ONLY REMEDY), AND YOU MUST NOTIFY US WITHIN 14 DAYS AFTER YOU RECEIVE THE NOTICE, OR AS OTHERWISE PROVIDED IN THE NOTICE. IF YOU FAIL TO TERMINATE WITHIN THE RELEVANT TIMEFRAME, YOU ACCEPT THE CHANGES.

 

6. * Your Wireless Device & Compatibility with Other Networks.  Your T-Mobile Device may not be compatible with the network and services provided by another service provider. You may buy a Device from us or someone else, but it must, as solely determined by T-Mobile, be compatible with, and not potentially harm, our network. Some T-Mobile features will be available only on some T-Mobile Devices purchased from us. A T-Mobile Device is designed to be used only with T-Mobile Service.  You may be eligible to have your T-Mobile Device reprogrammed to work with another carrier, but you must contact us to do so. Not all T-Mobile Devices are capable of being reprogrammed. T-Mobile reserves the right to prevent your Device from being used on our network. At times we may remotely change software, systems, applications, features or programming on your Device without notice to address security, safety or other issues that impact the T-Mobile network or your Device. These changes will modify your Device and may affect or erase data you have stored on your Device, the way you have programmed your Device, or the way you use your Device.  We may offer you changes to systems, applications, features or programming remotely to your Device; you will not be able to use your Device during the installation of the changes even for emergencies.

 

7. Service Availability. Coverage maps only approximate our anticipated wireless coverage area outdoors; actual Service area, coverage and quality may vary and change without notice depending on a variety of factors including network capacity, terrain and weather. Outages and interruptions in Service may occur, and speed of Service varies.  You agree we are not liable for problems relating to Service availability or quality.

 

8. Important Emergency 9-1-1 Information. When making a 9-1-1 call, always state the nature of your emergency and provide both your location and phone number, as the operator may not automatically receive this information.  T-Mobile is not responsible for failures to connect or complete 9-1-1 calls or if inaccurate location information is provided.  9-1-1 service may not be available or reliable and your ability to receive emergency services may be impeded. We may use a variety of information and methods to determine the location of a 9-1-1 call, including Global Positioning Satellites, our wireless network, the street address you have provided us as your primary use location (“Primary Address”), or the location of a T-Mobile HotSpot. Even with this information, an emergency operator may not be able to locate you in order to provide emergency services.   Other third party entities are involved in connecting a 9-1-1 call and T-Mobile does not determine the public safety agency to which your 9-1-1 call is routed.  If you are porting a phone number to or from us, we may not be able to provide you with some Services, such as 9-1-1 location services, while the port is being implemented.  If you dial 9-1-1 while outside the U.S., 9-1-1 services may not be available.  Wi-Fi and 9-1-1 Service:  9-1-1 service using Wi-Fi uses the internet and operates differently than traditional 9-1-1. For example, 9-1-1 service may not work during power or internet (e.g., cable service) outages or disruptions or if your internet or T-Mobile Service are suspended.   Location information when using Wi-Fi may be limited or unavailable. You must provide us with a Primary Address. If the location at which you primarily use Wi-Fi changes, either temporarily or permanently, you must register the new address via www.my.T-Mobile.com or by contacting T-Mobile’s Customer Care; it may take 24 hours or more to update the address information. If you do not give us a Primary Address, we may block your usage of certain Wi-Fi networks. When you call over Wi-Fi away from your Primary Address, we may have no or very limited information about your location. 

 

9. * Billing. You agree to pay all Charges we bill you or that were accepted or processed through your Device.  For disputed Charges, see Section 14.  You agree to provide us with accurate and complete billing information and to report all changes within 30 days of the change. We round up any fraction of a minute to the next full minute. Airtime usage is measured from the time the network begins to process a call (before the phone rings or the call is answered) through its termination of the call (after you hang up). Unless otherwise specified in your Rate Plan, the rate for a call (such as nights and weekend rates) is determined by the time the call starts, and that rate applies to the entire call.If we cannot determine the time of your call, we may base the time on the local time associated with your billing address. For some products, such as FlexPay and Prepaid, each minute of a call will be billed according to the time or day applicable to that minute (for example, different rates may apply in one call if the call extends into nights or weekends). T-Mobile-to-T-Mobile calls are those made between T-Mobile customers using their Devices while on the T-Mobile network (and not off-network or roaming on affiliate networks). You may be charged for more than one call/message when you use certain features resulting in multiple inbound or outbound calls/messages (such as call forwarding, call waiting, voicemail, conference calling, and multi-party messaging). Most usage and Charges incurred during a billing cycle will be included in your bill for that cycle. Some usage and Charges may be delayed to a later billing cycle, which may cause you to exceed Rate Plan Allotments in a later billing cycle. Unused Rate Plan Allotments expire at the end of your billing cycle. Airtime usage applies to all calls processed through your Device, including toll-free, operator-assisted, voice mail, call forwarding and calling card calls. You may be billed additional Charges or fees for certain features and services such as operator or directory assistance, data calls or transfers, messaging, internet access and applications. Data Usage and Messaging:  Data usage is rounded up to the next full-kilobyte increment at the end of each data session.  At the end of your billing cycle, or at the time you switch data plans, your total kilobytes are then rounded up to the next megabyte. There are 1,024 kilobytes in one megabyte. You will be charged for text, instant or picture messages, and email whether read or unread, sent or received, solicited or unsolicited. We use filters to block spam messages, but we do not guarantee that you will not receive spam or other unsolicited messages, and we are not liable for such messages. Additional blocking options are available at www.my.T-Mobile.com.  Wi-Fi Billing:  Billing for Wi-Fi usage will be based on the network (Wi-Fi or cellular) to which your Device was connected at the start of the call or other Service.  Check your Device indicator and manual to know if you are on a cellular or Wi-Fi network. Additional incoming and outgoing calls initiated while you are already connected to a network (e.g., call waiting, call forwarding, conference calling) also are billed based upon the network upon which the original call was initiated. Calls may drop if you move between Wi-Fi networks or between Wi-Fi networks and a cellular network. We will bill you based on the time at the location of the Wi-Fi network (or a nearby cell tower) if we know its location. If we are unable to determine the location of the Wi-Fi network, we may base the time of the call on the local time of your billing address, which can affect the designation of your calls such as a night or weekend call.

 

10. * Data Plans and Other Features.  You will be charged for data usage on a pay per use basis unless you are required to maintain a data plan (“Data Plan”) as part of your Service, or as otherwise provided by your Rate Plan or prepaid data pass. Permissible and Prohibited Uses: Your Data Plan is intended for Web browsing, messaging, and similar activities on your Device and not on any other equipment. Unless explicitly permitted by your Data Plan, other uses, including for example, using your Device as a modem or tethering your Device to a personal computer or other hardware, are not permitted. Other examples of prohibited uses can be found in Section 17.  Protective Measures:  To provide a good experience for the majority of our customers and minimize capacity issues and degradation in network performance, we may take measures including temporarily reducing data throughput for a subset of customers who use a disproportionate amount of bandwidth.  If your total usage exceeds 5GB (amount is subject to change without notice; please check T-Mobile’s T&Cs on www.T-Mobile.com for updates) during a billing cycle, we may reduce your data speed for the remainder of that billing cycle. If you use your Data Plan in a manner that could interfere with other customers’ service, affect our ability to allocate network capacity among customers, or degrade service quality for other customers, we may suspend, terminate, or restrict your data session, or switch you to a more appropriate Data Plan.  Downloadable Content and Applications:  Content or Applications (e.g., downloadable or networked applications, wallpapers, ringtones, games, and productivity tools) (“Content & Apps”) that you can purchase with your Device may not be sold by T-Mobile.   For some third party purchases, although the charges may appear on your T-Mobile bill, T-Mobile is not responsible for the Content & Apps, including download, installation, use, transmission failure, interruption, or delay, or any content or website you may be able to access through the Content & Apps. Any support questions for these Content & Apps may be directed to the third party seller. You may be able to restrict access and certain services by implementing controls available at www.T-Mobile.com or by calling T-Mobile. When you use, download or install Content & Apps sold by a third party seller, you may be subject to license terms between you and third parties. When you use, download, or install Content & Apps that you purchase from T-Mobile, the Content & Apps are licensed to you by T-Mobile and may be subject to additional license terms between you and third parties. Whether purchased from T-Mobile or a third party, any Content & Apps you purchase are licensed for personal, lawful, non-commercial use on your Device only. You may not transfer, copy, or reverse engineer any Content & Apps, or alter, disable or circumvent any digital rights management security features embedded in the Content & Apps.  Content & Apps may not be transferable from one Device to another Device.  Some Devices or Content & Apps may continue to have contact with our network without your knowledge which may result in additional Charges, for example, while roaming internationally.  Software on your Device may automatically shut down or limit the use of Content & Apps or other features or Services without warning.  T-Mobile is not responsible for any third party content, advertisements, or websites you may be able to access using your Device.   Use of Information:  T-Mobile may retain, use, and share information collected when you download, use, or install some Content & Apps, may update your Content & Apps remotely, or may disable or remove any Content & Apps at any time. Refer to T-Mobile’s Privacy Policy, as well as the Content & Apps creator/owner’s privacy policy for information regarding their use of information collected when you download, install, or use any third party Content & Apps. We are not responsible for any transmission failure, interruption, or delay related to Content & Apps, or any content or website you may be able to access through the Content & Apps.  Wi-Fi Calling:  You acknowledge and agree that your use of any Wi-Fi network is permissible and that you (and not T-Mobile) are responsible for your use. Cell Broadcasts (alerts that go to certain customers) and Wireless Priority Service (WPS) may not be available with Wi-Fi Calling.

 

11.* Roaming and International Calling.   Roaming: Your Device may connect to another provider’s network (“Off-Net”) even when you are within the T-Mobile coverage area. Check your Device to determine if you are Off-Net. There may be extra Charges (including long distance, tolls, data usage) and higher rates for Off-Net usage, depending on your Rate Plan. You must use your Device predominantly within the T-Mobile owned network coverage area. We may limit or terminate your Service without prior notice if you no longer reside in a T-Mobile-owned network coverage area or if more than 50% of your voice and/or data usage is Off-Net for any three billing cycles within any 12 month period. International Roaming & Dialing: International roaming and dialing are available with some Rate Plans and on some Devices and may require an additional feature on your account. Whether roaming internationally or making and sending international calls and messages while in the U.S. (or Puerto Rico), you will be charged international rates (including for voicemails left for you and for data usage). This includes per minute rates for calls and, while roaming internationally, per minute rates for calls transferred to your voicemail and the relevant data rates for data usage. You may be charged for more than one call for unanswered calls that are forwarded to voicemail regardless of whether the calls result in an actual voicemail message being left for you and regardless of whether your phone is on or off.  Some Devices and applications may incur usage and Charges while roaming. You may be able to disable these applications and features through your Device settings.  Different rates and rounding increments apply in different countries. See www.T-Mobile.com for information on international access, rates, Services and coverage.

 

12. * Taxes, Fees, and Other Charges.  You agree to pay all taxes, fees, and surcharges (“Taxes & Fees”) imposed by the government. We may not always give advance notice of changes to Taxes & Fees. To determine Taxes & Fees, we will use the street address you identified as your Place of Primary Use (“PPU”). The PPU for Puerto Rico customers must be in Puerto Rico. If you did not identify the correct PPU, or if you provided an address (such as a PO box) that is not a recognized street address, does not identify the applicable taxing jurisdictions or does not reflect the Service area associated with your telephone number, you may be assigned a default location for tax purposes.  In the event of an inaccurate tax jurisdiction location being assigned, any tax refund must be requested within 60 days of our notification to you that the tax has been assessed.

 

You agree to pay all other Charges we assess to recover or defray governmental charges or costs we incur in connection with the Services we provide, such as Federal Universal Service, regulatory and administrative charges, or gross receipts and similar taxes, without regard to whether these governmental charges or costs fund programs that provide benefits to you or in your location. These Charges are not taxes or regulatory fees imposed directly on you, nor required by law to be billed to you, may be kept by us in whole or in part, and the amounts and what is included in these Charges are subject to change without notice.

 

13. * Payments, Late Fees, Deposits, and Credit Checks. If we do not receive payment in full by the due date on your bill, you may be charged a late fee of the greater of 1.5% per month (18% annually) or $5/month, subject to the maximum allowed by law. We may use a collection agency and you agree to pay collection agency fees we incur to collect payment. If we accept late or partial payments, we do not waive our right to collect all amounts that you owe, including late fees. If your check, electronic funds transfer payment, including debit or Automated Clearing House payment, or other payment is dishonored or returned, we may charge you $35, or the maximum amount allowed under applicable law. We may also require you to use another payment method, and/or immediately suspend or cancel your Service.  We will not honor limiting notations you make on or with your checks.  Late payment, non-payment or collection agency fees are liquidated damages intended to be a reasonable advance estimate of our costs resulting from late payments and non-payments by our customers; these costs are not readily ascertainable and are difficult to predict or calculate at the time that these fees are set.  Deposits: We may require a deposit. You agree that only we can apply deposits, payments, or prepayments in any order to any amounts you owe us on any account. We refund deposits and final credit balances upon request, unless otherwise required by law. We pay simple interest on deposits at the rate the law requires.  Credit Checks: You authorize us to obtain information about your credit history from credit-reporting agencies at any time. You understand that a credit inquiry could adversely affect your credit rating. You authorize us to report your payment record to credit-reporting agencies. 

 

Puerto Ricocustomers: This paragraph constitutes notice that your Service may be suspended or cancelled if you do not pay in full within the time stated on your bill or if your financial institution dishonors or returns a check for any reason, including for insufficient funds.

 

14. * Your Right to Dispute Charges. Unless otherwise provided by law, you agree to notify us of any dispute regarding your bill or Charges to your account within 60 days (20 days for Puerto Rico customers) after the date you first receive the disputed bill or Charge. If you do not notify us of your dispute in writing within this time period, you may not pursue a claim in arbitration or in court. Except for Puerto Rico customers and unless otherwise provided by law, you must pay disputed Charges until the dispute is resolved. If you accept a credit, refund or other compensation or benefit to resolve a disputed bill or charge, you agree that the issue is fully and finally resolved. For unresolved disputes see Section 2 above. To contact or notify us, see Section 15. This paragraph is notice to Puerto Rico customers that payment of undisputed Charges is due when stated on your bill, regardless of any dispute.

 

Puerto Ricocustomers: We will provide you with a determination regarding any dispute that is presented to us in accordance with this Section 14 within 15 days after we receive it. You may appeal our determination to the Telecommunications Board of the Commonwealth of Puerto Rico (“Telecommunications Board”) by filing a petition for review up to 30 days after the date of our determination. Your petition for review shall be made through the filing of a document containing the following information: (i) your name and address; (ii) our company name; (iii) the pertinent facts; (iv) any applicable legal provisions that you are aware of; and (v) the remedy you are requesting. The document may be filed handwritten or typewritten and must be signed by you. You must send us a copy of your document to the following address: 654 Muòoz Rivera Avenue, Suite 2000, Hato Rey, Puerto Rico 00918, Attn: Customer Care Manager. You must send your petition for review to the Telecommunications Board at the following address: 500 Ave. Roberto H. Todd (Pda. 18 – Santurce), San Juan, Puerto Rico 00907-3941. The Telecommunications Board will review our determination only on appeal. You are advised of the provisions regarding suspension of Service that appear in Law 33 of July 7, 1985, Law 213 of September 12, 1996 and Regulation 5940 promulgated by the Telecommunications Board. You are also advised of Regulation 5939 of March 12, 1999 promulgated by the Telecommunications Board regarding the procedures for resolution of customer disputes.

 

15. * Notices and Customer Communications. You may contact our Customer Care department at www.T-Mobile.com, by calling 1-877-453-1304 or 611 from your Device, or by writing to: T-Mobile Customer Relations, P.O. Box 37380, Albuquerque, NM 87176-7380. Puerto Rico customers must direct notices to: T-Mobile Customer Relations, 654 Muòoz Rivera Avenue, Suite 2000, Hato Rey, Puerto Rico 00918, Attn: Customer Care Manager. Notices from us to you are considered delivered when we send them to your Device or by email or fax to any email or fax number you provided to us, or 3 days after mailing to your billing address. For multi-line accounts, a “Primary Telephone Number” may be assigned to your account for the purpose of receiving notices from us, as well as for other purposes. If you would like to designate a Primary Telephone Number, please contact T-Mobile.  Notices from you to us are considered delivered when you send an email or 3 days after mailing to the addresses above.

 

To begin arbitration or other legal proceeding, you must serve our registered agent. Our registered agent is Corporation Service Company and can be contacted at 1-866-403-5272. For Puerto Rico, our registered agent is Prentice Hall of Puerto Rico and can be contacted at FGR Corporate Services, Inc., BBVA Tower, 6th Floor, 254, Muòoz Rivera Avenue, San Juan, Puerto Rico, 00918, phone: 1-800-927-9801.

 

16. * Lost or Stolen Devices. You agree to notify us if your Device is lost or stolen. Once you notify us, we will suspend your Service and you will not be responsible for Charges incurred with the lost or stolen Device after you notify us. If you request that we not suspend your Service, you will remain responsible for all usage and Charges incurred. We may prevent a lost or stolen Device from registering on any network.  California customers:  For Charges incurred before you notify us, you are not liable for Charges you did not authorize, but the fact that your Device or Account was used is some evidence of authorization. You may request that we investigate Charges you believe were unauthorized. We may ask you to provide information and you may submit information to support your request. If we determine the Charges were unauthorized, we will credit your account. If we determine the Charges were authorized, we will inform you within 30 days and you will remain responsible for the Charges. Even if your Device is lost or stolen, you must fulfill the remainder of your Term or the Early Termination Fee will apply.

 

17. * Misuse of Service or Device. You agree not to misuse the Service or Device, including but not limited to: (a) reselling or rebilling our Service; (b) using the Service or Device to engage in unlawful activity, or in conduct that adversely affects our customers, employees, business, or any other person(s), or that interferes with our operations, network, reputation, or ability to provide quality service, including but not limited to the generation or dissemination of viruses, malware or “denial of service” attacks; (c) using the Service as a substitute or backup for private lines or dedicated data connections; (d) tampering with or modifying your T-Mobile Device; (e) "spamming" or engaging in other abusive or unsolicited communications, or any other mass, automated voice or data communication for commercial or marketing purposes; (f) reselling T-Mobile Devices for profit, or tampering with, reprogramming or altering T-Mobile Devices for the purpose of reselling the T-Mobile Device; (g) using the Service in connection with server devices or host computer applications, including continuous Web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections or peer-to-peer (P2P) file-sharing applications that are broadcast to multiple servers or recipients, “bots” or similar routines that could disrupt net user groups or email use by others or other applications that denigrate network capacity or functionality; (h) accessing, or attempting to access without authority, the information, accounts or devices of others, or to penetrate, or attempt to penetrate, T-Mobile’s or another entity’s network or systems; (i) running 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 Data Plan for Web broadcasting, operating servers, telemetry devices and/or supervisory control and data acquisition devices); or (j) assisting or facilitating anyone else in any of the above activities. Unless authorized by T-Mobile, you agree that you won't install, deploy, or use any regeneration equipment or similar mechanism (for example, a repeater) to originate, amplify, enhance, retransmit or regenerate a transmitted RF signal. You agree that a violation of this section harms T-Mobile, which cannot be fully redressed by money damages, and that T-Mobile shall be entitled to immediate injunctive relief in addition to all other remedies available.

 

18. Our Rights to Limit or End Service or the Agreement.  WE MAY LIMIT, SUSPEND OR TERMINATE YOUR SERVICE OR AGREEMENT WITHOUT NOTICE FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, if you, any user of your Device, or any user on your account: (a) breaches the Agreement; (b) incurs Charges greater than any billing or credit limitation on your account (even if we haven't yet billed the Charges); (c) provides inaccurate information or credit information we can't verify; (d) lives in an area where we don’t provide Service or more than 50% of your voice and/or data usage is Off-Net for any three billing cycles within any 12 month period (see Section 11); (e) transfer(s) Service to another person without our consent; (f) becomes insolvent, goes bankrupt or threatens bankruptcy (except as prohibited by law); (g) misuses your Service or Device as described in Section 17, above; (h) uses your Service or Device in a manner that is excessive, unusually burdensome, or unprofitable to us; or (i) are on a Rate Plan that we determine is no longer available to you. We may impose credit, usage or other limits to your Service, suspend your Service, or block certain types of calls, messages or sessions (such as international, 900 or 976 calls), in our sole discretion and without notice. If we suspend or terminate your Service and later reinstate your Service, you may be charged a fee. This paragraph constitutes notice to Puerto Rico customers that your Service may be suspended or cancelled if you engage in any of the foregoing actions in Sections 17 and 18, including but not limited to failing to pay your bill when due, in accordance with the Puerto Rico Suspension Regulation 5940 of March 12, 1999, promulgated by the Telecommunications Board where applicable, or in T-Mobile’s sole discretion. If your Service or account is suspended or terminated and then reinstated, you will be charged a reactivation fee.

 

19. * Intellectual Property. You agree not to infringe, misappropriate, dilute or otherwise violate the intellectual property rights of T-Mobile or any third party.  Except for a limited license to use the Services , your purchase of Services and T-Mobile Devices does not grant you any license to copy, modify, reverse engineer, download, redistribute, or resell the intellectual property of T-Mobile or others related to the Services and T-Mobile Devices; this intellectual property may be used only with T-Mobile Service unless expressly authorized by T-Mobile. You agree that a violation of this section harms T-Mobile, which cannot be fully redressed by money damages, and that T-Mobile shall be entitled to immediate injunctive relief in addition to all other remedies available.

 

20. Digital Millennium Copyright Act (“DMCA”) Notice. If you believe that material available through our Services or products infringes the copyright of any third party, notify us by using the notice procedure under the DMCA and described at www.T-Mobile.com (www.T-Mobile.com.pr for Puerto Rico). After receiving notice, we may remove or disable access to any infringing material as provided for in the DMCA.

 

21. * Privacy Information. Our Privacy Policy governs how we collect and use information related to your use of our Service and is available online at www.T-Mobile.com/privacy. We may change our Privacy Policy without notice; however, if we change our policy to allow use or disclosure of personal information in a way that, in our sole determination, is materially different from that stated in the policy at the time the data was collected, we will post notice in advance of the change. Data on your Device may automatically be stored on your SIM card, Device or our network. Your data may remain on the Device even if your SIM card is removed; the data left on your Device will be accessible to others who use your Device, and may be deleted, altered, or transferred to our network servers.

Some Devices automatically upload stored information (such as your address book, ringtones, or other data) to T-Mobile network servers. You may choose not to use this service by contacting Customer Care; however, your Device will continue to upload your information to our servers but T-Mobile will not retain the information. Not using this service may result in the loss of functionality or the availability of certain services or features, and the permanent loss of information stored on a lost or stolen Device. You or T-Mobile may be able to remotely access or delete information stored on your Device or on www.my.T-Mobile.com.

 

22.* Disclaimer of Warranties. EXCEPT FOR ANY WRITTEN WARRANTY THAT MAY BE PROVIDED WITH A T-MOBILE DEVICE YOU PURCHASE FROM US, AND TO THE EXTENT PERMITTED BY LAW, THE SERVICES AND DEVICES ARE PROVIDED ON AN “AS IS” AND “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OF ANY KIND. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING YOUR SERVICE OR YOUR DEVICE. WE CAN'T PROMISE UNINTERRUPTED OR ERROR-FREE SERVICE AND DON'T AUTHORIZE ANYONE TO MAKE ANY WARRANTIES ON OUR BEHALF. THIS DOESN'T DEPRIVE YOU OF ANY WARRANTY RIGHTS YOU MAY HAVE AGAINST ANYONE ELSE. WE DO NOT GUARANTEE THAT YOUR COMMUNICATIONS WILL BE PRIVATE OR SECURE; IT IS ILLEGAL FOR UNAUTHORIZED PEOPLE TO INTERCEPT YOUR COMMUNICATIONS, BUT SUCH INTERCEPTIONS CAN OCCUR.

 

23. * Waivers and Limitations of Liability. UNLESS PROHIBITED BY LAW, WE EACH AGREE TO LIMIT CLAIMS FOR DAMAGES OR OTHER MONETARY RELIEF AGAINST EACH OTHER TO DIRECT AND ACTUAL DAMAGES. THIS LIMITATION AND WAIVER WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, PRODUCT LIABILITY, OR ANY OTHER THEORY. THIS MEANS THAT NEITHER OF US WILL SEEK ANY INDIRECT, SPECIAL, CONSEQUENTIAL, TREBLE, OR PUNITIVE DAMAGES FROM THE OTHER. THIS LIMITATION AND WAIVER ALSO APPLIES TO ANY CLAIMS YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT WE WOULD BE REQUIRED TO INDEMNIFY THAT PARTY FOR SUCH CLAIM. OUR LIABILITY FOR MONETARY DAMAGES FOR ANY CLAIMS YOU MAY HAVE AGAINST US IS LIMITED TO A REFUND OR REBATE OF THE PRORATED MONTHLY OR OTHER CHARGES YOU PAID OR OWE US FOR THE APPLICABLE SERVICE OR T-MOBILE DEVICE. YOU AGREE WE ARE NOT LIABLE FOR PROBLEMS CAUSED BY YOU OR A THIRD PARTY. EXCEPT TO THE EXTENT PROHIBITED BY LAW, ALL CLAIMS MUST BE BROUGHT WITHIN 2 YEARS OF THE DATE THE CLAIM ARISES.

 

24. * Indemnification. You agree to defend, indemnify, and hold us harmless from any claims arising out of use of the Service or Devices, breach of the Agreement, or violation of any laws or regulations or the rights of any third party by you or any person on your account or that you allow to use your Service or Device.

 

25. * Enforceability and Assignment. A waiver of any part of the Agreement in one instance is not a waiver of any other part or any other instance and must be expressly provided in writing. If we don’t enforce our rights under any provisions of the Agreement, we may still require strict compliance in the future. Except as provided in Section 2, if any part of the Agreement is held invalid that part may be severed from the Agreement. You can't assign the Agreement or any of your rights or duties under it without our written consent. We may assign all or part of the Agreement or your debts to us without notice. The Agreement is the entire agreement between us and defines all of the rights you have with respect to your Service or Device, except as provided by law, and you cannot rely on any other documents or statements by any sales, service representatives or other agents. If you purchase a Device, services or content from a third party, you may have a separate agreement with the third party; T-Mobile is not a party to that agreement. The original version of the Agreement is in English. To the extent there are conflicts between the English version and any other language version, the English version will control. Any determination made by us pursuant to this Agreement, shall be in our sole reasonable discretion. Paragraphs marked “*” continue after termination of our Agreement with you.

 

26. * Choice of Law. This Agreement is governed by the Federal Arbitration Act, applicable federal law, and the laws of the state in which your billing address in our records is located, without regard to the conflicts of laws rules of that state. Foreign laws (except for Puerto Rico) do not apply. Arbitration or court proceedings must be in: (a) the county and state in which your billing address in our records is located, but not outside the U.S.; or (b) in Puerto Rico if your billing address is in Puerto Rico. If any provision of the Agreement is invalid under the law of a particular jurisdiction, that provision will not apply in that jurisdiction.

 

27. Additional Terms for FlexPay Customers.  T-Mobile FlexPay Service:  You must pay for Services in advance each month (“Monthly Account”) and Services will become available after we apply your payment. Your first Service cycle may start several days after activation. You may be unable to make changes to your account during certain periods of your Service cycle. FlexAccount:  When you have used all of your monthly Allotments, to buy additional Services, you must fund your FlexAccount. All lines on a multi-line account share and draw from one FlexAccount. A FlexAccount may be only used to (1) purchase Services when you exhaust your Service Allotment(s); (2) purchase Services not included in your Rate Plan (e.g., downloads, messaging, 411, data and international services); and (3) pay your bill. By using any additional Services, applicable Charges will automatically be deducted from your FlexAccount. FlexAccount dollars you transfer to pay your bill in excess of the Amount Due cannot be returned to your FlexAccount. You cannot transfer funds from your Monthly Account to your FlexAccount. FlexAccount terms and rates differ from the terms and rates associated with our Prepaid Service (see www.T-Mobile.com for terms and rates).

 

* Service cancellation. If you cancel your FlexPay account within the Cancellation Period, all funds in your Monthly Account for Services not used are refunded. If you cancel your FlexPay account after the Cancellation Period, we may apply your FlexAccount balance to any amounts you owe us (including any Early Termination Fees). Funds in your Monthly Account will not be refunded if you cancel after the Cancellation Period. Month-To-Month Plans:  To avoid cancellation and keep your account active, you must, at least once every 45 days: (a) pay for Services, (b) add funds to your FlexAccount, or (c) use your FlexAccount for Services. One or Two Year Plans: All lines on the account will be cancelled unless your monthly Services (prorated or otherwise) are activated at least once every ninety days after the due date listed in your payment reminder.

 

Payments. You may access billing details on our website at www.my.T-Mobile.com. If your “Amount Due” differs from the amount stated on your Payment Reminder, you must pay the Amount Due as stated on www.my.T-Mobile.com to continue Service. If you do not pay the Amount Due by the date on your Payment Reminder, your monthly Services will not be available. If you pay after the date on your Payment Reminder, the Amount Due and the Service allotments you receive will be prorated for the number of days remaining in your Service cycle. Partial Payment:  If you partially pay, your Services will not be available until your partial payment is equal to or greater than the prorated Charges for Service for the remaining days in your Service cycle. The Allotments you receive will be prorated based on the number of days remaining in that Service cycle. Payment in Last Five Days: To start Services during the last five days of the Service cycle, you must pay for those days plus the Amount Due for the following Service cycle. If you do not pay that full amount, then your payment will be applied as a partial payment toward the Amount Due for the next month’s Service cycle. Extension of Term: If you are on a one or two-year contract, your Term may be extended by the total number of days for which you have not paid for monthly Services (e.g., if you only pay for prorated Services for the last 25 days of a 30 day Service cycle your Term may be extended by 5 days.) Multi-line accounts: You will have one Amount Due for all lines on a multi-line account, and any payments will be applied proportionately across all lines and all Services (e.g., if you have three lines on your account, you cannot pay for only one of the three lines, or just for certain Services). Control Charge: You will be charged a Control Charge per line per month if you are not enrolled in and using EasyPay (an automatic monthly recurring payment Service). The Control Charge may apply for at least one Service cycle after you sign up for EasyPay. If your payment fails, you will be required to pay a Control Charge to reinstate your Services. We may remove EasyPay from your account without notice if we determine in our sole discretion that the account is invalid or if an EasyPay payment fails.

 

Voluntary Suspension. We may allow you to voluntarily suspend Services and any amounts in your Monthly Account or unused Allotments will not be refunded or credited. Upon voluntary suspension, your Services and FlexAccount will no longer be available for use. To maintain the voluntary suspension and avoid cancellation, you must pay a monthly access fee and the Control Charge (if not using Easy Pay) for each line in advance of each month of the voluntary suspension.

 

28. Additional Terms for T-Mobile Prepaid Customers. To use T-Mobile Prepaid Service you must have a prepaid account balance or be on an active monthly prepaid plan; Service will be suspended when your account balance reaches zero; and/or you are at the end of the time period associated with your prepaid plan.  Monthly plan features are available for 30 days; your monthly plan will be automatically renewed at the end of 30 days if you have a sufficient prepaid account balance. The Charges for Service and the amount of time that Service is available following activation of your prepaid account balance may vary; see www.T-Mobile.com for more information. Your account balance, if sufficient, gives you access to T-Mobile Prepaid Service for a limited amount of time; you must use your T-Mobile Prepaid Service during the designated period of availability. Prepaid Service is non-refundable (even if returned during the Cancellation Period), and no refunds or other compensation will be given for unused airtime balances, lost or stolen prepaid cards, or coupons. Coverage specific to T-Mobile Prepaid Service may be found at www.T-Mobile.com and differs from coverage related to T-Mobile’s postpaid Service. If you purchase a T-Mobile Device that is sold for use on T-Mobile Prepaid Service, you agree that you intend it to be activated on our Service, and do not intend to, and will not, resell, modify and/or export the T-Mobile Devices, or assist someone in these activities.



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