Upon sign-up to an iConnect Postpaid Plan, the subscriber agrees to the following:
- USE OF SERVICE - By executing this Agreement, Customer acknowledges that this Agreement complies with all FCC rules and regulations. Customer will not use the Service for any unlawful purpose. Customer acknowledges and agrees that all future purchases of Company Services and Device(s) by Customer shall be governed by the Terms and Conditions contained herein unless Customer and Company enter into a subsequent Service/Subscriber Agreement. Company may change this Agreement at any time. Any changes are effective when Company provides Customer with written notice stating the effective date of the change(s). If Customer elects to use the Services on or after the effective date of the changes, Customer is deemed to have accepted the change(s). If Customer does not accept the changes, Customer may terminate Services as of the effective date of the change(s) by submitting written notification to Company prior to such effective date at the address shown on Customer’s bill. If Services are terminated before the end of the current billing cycle, (i) no credit or refund will be provided for unused airtime; and (ii) any monthly recurring charge will not be prorated to the date of termination.
- TERM - The initial term of this Agreement shall be from the date as stated in the Subscriber Agreement. Thereafter, unless Customer or Company terminates this Agreement as provided for herein, this Agreement shall automatically renew on a month-to-month basis. Notice of termination by Customer shall be made only in writing to Company at the address shown on Customer’s bill. Company reserves the right not to renew this Agreement at any time prior to the conclusion of the initial term or any renewal term. Except for a termination in accordance with Section 1 above, an Early Termination Fee (ETF) per unit will be charged to Customer for cancellation within the initial term or any renewal term from the date of this Agreement. The ETF amount will be set by the Company and may be revised anytime without need for notification to the Customer.
- SUBSCRIPTION APPLICATION - This Agreement shall be contingent upon Company’s approval of Customer’s subscription application which is basically a credit application. Company may require Customer to update its subscription application or information from time to time. Customer warrants and represents that all information furnished on the subscription application is current, complete, accurate and true. If Company subsequently determines that statements made on the subscription application are false, incomplete and inaccurate, Company may declare Customer to be in default under this Agreement and may exercise any remedies it has under this Agreement at law or in equity. Customer understands that Company will rely upon the subscription application information provided by Customer, including but not limited to Customer’s Social Security Number or Tax Identification Number, and other confidential and personal financial and credit information requested by Company and supplied by Customer, in making a decision to provide Services. Customer understands that Company may request and verify Customer’s bank references and perform a credit history check utilizing standard commercial credit reference services in connection with Company’s review of the Customer’s credit worthiness. Customer acknowledges that Company may provide payment history and other billing/charge information to a credit reporting agency for inclusion in Customer’s records maintained by such credit reporting agency. Customer understands that a Security Deposit, major credit or check card guarantee, or airtime usage limit may be required.
- DEVICE(S) - If the sale is for cash only, title to the shall be transferred to Customer upon receipt by Company of cash in full payment or upon full clearing of a cashier’s or certified check or other equally secure form of payment in the amount set forth on the front of this Agreement. If this Agreement provides for payments in installments or on credit, Customer hereby (i) grants Company a security interest in the Device(s) and any proceeds thereof to secure Customer’s obligation to repay the Company the extension of credit in the amount of the sales prices and other charges or fees (including any interest or penalties assessed thereon). (ii) agrees that this Agreement shall constitute a security agreement under the Uniform Commercial Code, and (iii) appoints the Company as Customer agent to execute a UCC-1 Financing Statement to be filed with the Secretary of State, and take such other steps to perfect or confirm such security interest, as may be deemed necessary or appropriate by the Company. Company shall not be liable to Customer for delays in delivery or unavailability of Device(s) or any part thereof or for the cancellation of any orders of Device(s) by the manufacturer. Company reserves the right to lock devices, whether fully paid or not, to its own network.
APPLICATION CUSTOMER CARE AND SUPPORT - Customer acknowledges and agrees that in most cases, the developer of an Application is responsible for providing customer care and Application support to all Customers using the Application. In the event Customer contacts Company customer care with a problem concerning the use of an Application, Customer may be referred to the Application developer’s customer care, and Company shall have no obligation to support with such Application.
You understand that your Device can be used to acquire or purchase goods, content, and services (including subscription plans) like ring tones, graphics, games, applications and news alerts from iConnect or other companies ("Content"). You understand that you are responsible for all charges associated with such Content acquired from your Device.
Except as otherwise provided in this Agreement, if your Device is used by others to make Content purchases, you are responsible for all such purchases. If this occurs, you are giving those other users your authority to: make Content purchases from those Devices, and to incur charges for those Content purchases that will appear on your bill; give consent required for that Content, including the consent to use that user’s location information to deliver customized information to that user’s Device; or make any representation required for that content, including a representation of the user’s age, if requested.
- DEPOSITS - If required, Customer shall provide Company with a determined Security Deposit towards the acquisition of the Device(s) in the amount set forth on the front of this Agreement. Company also has the right, exercisable in its sole discretion at any time or from time to time, to require Customer to make a Security Deposit to guarantee payment of sums due hereunder, including Service charges. Customer hereby grants Company, as applicable, a security interest in such Security Deposit(s) to secure the payment of all sums due hereunder as well as the performance of all other payment obligations Customer may have to the Company whether now existing or hereafter rising. Upon termination of Service, Company may apply the Security Deposit(s) against any outstanding Service charges of Customer or any other amount owed to Company. Company reserves the right to interrupt Services if Service appears to have excessive charges, payments are delinquent, or any unusual calling patterns are observed on Customer’s account. Such interruption may be done to protect Customer or Company as the Company determines in its sole discretion, but in no event shall the Company be liable to the Customer or to any third party by reason of interrupting or failing to cause an interruption of Service.
- RATES, CHARGES AND PAYMENT - Company shall issue invoices for Service. Monthly access charges shall be invoiced in advance. Airtime and long distance charges shall be invoiced in arrears. Customer is responsible to pay Company on a timely basis for charges for Service as set forth on the front of this Agreement, and any modifications thereto. Customer acknowledges that chargeable time for all telecommunications, data and other provided services, including but not limited to ICONNECT call transmissions originated by a unit, begin when a connection is established with Company facilities. Customer accepts responsibility for Airtime charges from assuming telephone calls to its mobile unit from the time that Customer or any user of the unit responds to the call. If Customer disputes any Service charges, Customer must pay the entire amount set forth in the invoice by the due date and submit a written explanation within thirty (30) days from the date on the invoice. If Company determines that an error was made on Customer’s invoice; Company shall credit Customer’s account in the amount of the error. If Customer does not pay the amount in dispute, Company may exercise any remedies it may have under this Agreement for non-payment of Service charges. Company reserves the right to modify any and all elements of the Service charges at any time and each such modification shall be effective immediately upon the Company’s communication thereof to Customer, unless the Company’s communication indicates a later effective date with respect to such modification. Payments, which are not received within the payment deadline date stated on the invoice or according to Company policies whichever comes earlier, shall be subject to late payment charges as set forth in this Agreement. If the parties have agreed that payments are to be made in installments, or on credit, as indicated on the front of this Agreement, Customer shall be responsible for paying amounts due as agreed to in this Agreement. If Customer does not make any payments when they are due, such failure shall be a default under this Agreement and Company shall be entitled to exercise any remedies it may have under this Agreement or at law or in equity. If the sale of the Device(s) is on a credit or installment basis and the Customer accepts delivery of the Device(s), the Customer may not return the Device(s) or receive a refund or any amounts paid and agrees to continue making payments as required under this Agreement until the Device(s) sale price is paid in full.
- NONPAYMENT/BREACH - A late payment charge of 1.5% (or the maximum interest rate permitted by law) per month may be applied to Customer’s account if monthly invoices are not paid by the due date. The late payment charge is applied to the total unpaid balance due and outstanding. The late payment charge is for costs related to the non-timely payment and shall not be deemed an interest payment. A charge of $50.00, or any revised amount as set by the Company without need of approval or advance notification to Customer, will be made by Company for any check or negotiable instrument tendered by Customer and returned unpaid by a financial institution for any reason. Company may demand payment by cash, money order, cashier’s check, or similarly secure form of payment at Company’s discretion at any time or from time to time. If Company obtains the services of a collection or repossession agency or an attorney to assist Company in remedying Customer’s breach of this Agreement, including but not limited to the nonpayment for charges hereunder, Customers shall be liable for this expense. Customer understands that in the event of nonpayment of charges or any other breach of the Terms and Conditions of this Agreement, in addition to any other remedies Company may have, Company may temporarily or permanently terminate Service to Customer. If Service is terminated and not reconnected within 30 days, all outstanding payments to be made in installments are accelerated and immediately due in full. If Company disconnects the Service, Customer shall be liable to satisfy and discharge all outstanding amounts due and pay a reconnect charge of $25.00 (or any revised amount as set by the Company without need of approval or advance notification to Customer) per unit, in addition to any advance payment of Service charges that may be requested by the Company at its discretion, before the Company will reactive Service. Company reserves the right to modify the terms of Service as a precondition to reactivating Service. If the Device(s) is purchased on an installment basis or credit, the Company may take possession of the Device(s) at any time wherever the same may be without legal process and without being responsible for loss and damage.
- TAXES, FEES, SURCHARGES AND ASSESSMENTS - Customer is responsible for all federal and local taxes, fees, surcharges, and other assessments (collectively, “charges”) that are imposed on telecommunication services, other services, and Device(s) or that are measured by gross receipts or other applicable basis from the sale of telecommunication services and Device(s). Such charges shall include, but are not limited to: Gross Receipts Tax (GRT); regulatory fees and assessments; Universal Service Fund (USF) contribution and fees (rate changes quarterly as per FCC pronouncement); Local Number Portability (LNP) surcharge; local E-911 charges; etc. Customer shall be responsible for such charges regardless of whether the charge is imposed upon the sale of Device(s) or Services, upon Customer or upon Company.
- COVERAGE AREA - Local Dispatch (Instant Connect), cellular calling, data services. other provided telecommunications and related services & respective coverage areas for these Services are subject to change at anytime at the sole discretion of Company. Service coverage is dependent upon and subject to the inherent limitations of Radio Frequency (RF) signal transmission. Indoor and outdoor signal strength may vary according to terrain, elevation and structural material of buildings among other factors.
DATA SERVICE AND COVERAGE - iConnect does not guarantee availability of wireless data network. Services may be subject to certain Device and compatibility/limitations including memory, storage, network availability, coverage, accessibility and data conversion limitations. Services (including without limitation, eligibility requirements, plans, pricing, features and/or service areas) are subject to change without notice. When outside iConnect’s coverage area, data access will be limited to information and applications previously downloaded to or resident on your device. Coverage areas vary between iConnect network technologies. See coverage map(s) available at store or from your sales representative.
Actual network data speeds depend upon device characteristics, network, network availability and coverage levels, tasks, file characteristics, applications and other factors. Performance may be impacted by transmission limitations, terrain, in-building/in-vehicle use and capacity constraints.
- iCONNECT’S RIGHTS TO CANCEL SERVICE(S) AND TERMINATE AGREEMENT - iConnect may interrupt, suspend or cancel your Services and terminate your Agreement without advance notice for any reason including, but not limited to, the following: Any conduct that we believe violates this Agreement or iConnect’s Acceptable Use Policy; Any conduct that involves the use of abusive, derogatory, insulting, threatening, vulgar or similarly unreasonable language or behavior directed at any of our employees or representatives whether it be in person, over the phone, or in writing; You use your Device(s) and/or our Services for an unlawful purpose; You use your Device(s) and/or our Services in any way that: (a) is harmful to, interferes with, or negatively affects our network, other customers, or the network of any other provider, (b) is harmful to, interferes with, or negatively affects our Services or operations, (c) infringes intellectual property rights of iConnect or others, (d) results in the publication of threatening, offensive or illegal material, or (e) generates spam or other abusive messaging or calling, a security risk, or a violation of privacy; You fail to make all required payments when due; Where applicable, deterioration of your credit and/or we believe that there is a risk of non-payment; You refuse to pay any required advance payment or deposit; We discover that you are underage; You provide inaccurate or misleading information; or You modify the Device from its manufacturer’s specifications. iConnect’s rights under this Section are in addition to any specific rights that we reserve in other provisions of this Agreement to interrupt, suspend, modify, or cancel your Services and terminate your Agreement.
- REPORTING OF LOST DEVICE - If your wireless Device is lost or stolen, you must contact us immediately to report the Device lost or stolen. Identification authentication will be done during reporting of lost or stolen Device for suspension, therefore you have to be ready with information, among others, like your specified email address provided at time of application. You can report your Device as lost or stolen and request for suspension of Services by contacting us at (671)888-8888 during regular office hours 9am-6pm Monday to Friday (not including non-working holidays) or you may email email@example.com (outside of regular office hours) using the specified email address you provided during application. With successful authentication, Service suspension will occur upon the start of the next working day. While your Service is suspended you will remain responsible for complying with all reporting requirements (including, but not limited to, immediate submission of formal letter reporting the loss and requesting for suspension of Services) and other obligations under this Agreement, including, but not limited to, forfeiture of Security Deposit, if applicable. We both have a duty to act in good faith in a reasonable and responsible manner including in connection with the loss or theft of your Device.
- NOTICE REGARDING USE OF SERVICE FOR 911 OR OTHER EMERGENCY CALLS - The Services provided hereunder does not interact with 911 and other emergency services in the same manner as landline telephone service. Depending on the circumstances of a particular call, the Service provided hereunder may not be able to identify your location to emergency services and you may not always be connected to the appropriate emergency services provider. Additionally, the provision of 911 or other emergency services may be conditioned on payment of amounts to the governmental authorities who implement or coordinate access to such Services, and Customer agrees that Company may apportion and pass through such amounts to Customer, which shall be paid by Customer when due, in connection with Customer’s access to such 911 or other emergency services, where available. Customer agrees to hold company harmless against any and all claim, demands, actions, or causes of action, (including all actions by third parties) arising out of the use or attempted use of the company’s service to access 911 or other emergency services.
- NO WARRANTY (SERVICE) - Company makes no warranties, express or implied, including without limitation, any implied warranty of merchantability or fitness for a particular purpose to customer in connection with its use of the service. In no event shall company be liable for incidental, consequential or other indirect damages to the full extent the same may be disclaimed by law. Customer acknowledges that service interruptions will occur from time to time and agrees to hold company harmless for all such interruptions.
- NO WARRANTY (DEVICE(S)) - Company makes no warranties or representations of any kind, statutory, express or implied to customer or to any other purchaser of this device(s), without limiting the foregoing. Company specifically makes no express or implied warranties of merchantability or fitness for a particular purpose. Customer hereby waives, as against company, all other warranties, guarantees, conditions or liabilities, express or implied, arising by law or otherwise. In no even shall company be liable for consequential, special or incidental damages, whether or not occasioned by company negligence and including without limitations, liability for any loss or damage resulting from the interruption or failure in the operation of any device(s) sold or otherwise provided hereunder. There are no warranties which extend beyond the description contained herein. Customer assumes the entire risk as to the quality and performance of the device(s). Unless otherwise agreed by the company, if the device(s) proves defective, the cost of all necessary servicing and repair will be borne by customer.
TERMS RELATING TO THE USE AND LIMITATIONS OF SERVICE
LIMITATIONS ON SERVICE AND LIABILITY - Unless prohibited by law, the following limitations of liability apply. Service may be interrupted, delayed, or otherwise limited for a variety of reasons, including environmental conditions, unavailability of radio frequency channels, system capacity, priority access by National Security and Emergency Preparedness personnel in the event of a disaster or emergency, coordination with other systems, equipment modifications and repairs, and problems with the facilities of interconnecting carriers. We may block access to certain categories of websites and other online applications, features and services.
Additional hardware, software, subscription, credit or debit card, Internet access from your compatible PC and/or special network connection may be required and you are solely responsible for arranging for or obtaining all such requirements. Some solutions may require third party products and/or services, which are subject to any applicable third party terms and conditions and may require separate purchase from and/or agreement with the third party provider. iConnect is not responsible for any consequential damages caused in any way by the preceding hardware, software or other items/requirements for which you are responsible.
Not all plans or Services are available for purchase or use in all sales channels, in all areas or with all devices. iConnect is not responsible for loss or disclosure of any sensitive information you transmit. iConnect’s wireless data services are not equivalent to wire line Internet. iConnect is not responsible for nonproprietary services or their effects on devices.
We may, but do not have the obligation to, refuse to transmit any information through the Services and may screen and delete information prior to delivery of that information to you. There are gaps in service within the Services areas shown on coverage maps, which, by their nature, are only approximations of actual coverage.
We do not guarantee you uninterrupted service or coverage. We cannot assure you that if you place a 911 call you will be found. iConnect makes no warranty, express or implied, of merchantability or fitness for a particular purpose, suitability, accuracy, security, or performance regarding any services, software or goods, and in no event shall iConnect be liable, whether or not due to its own negligence, for any: (a) act or omission of a third party; (b) mistakes, omissions, interruptions, errors, failures to transmit, delays, or defects in the Services or Software provided by or through us; (c) damage or injury caused by the use of Services, Software, or Device, including use in a vehicle; (d) claims against you by third parties; (e) damage or injury caused by a suspension or termination of Services or Software by iConnect; or (f) damage or injury caused by failure or delay in connecting a call to 911 or any other emergency service.
Notwithstanding the foregoing, if your Service is interrupted for 24 or more continuous hours by a cause within our control, we will issue you, upon request, a credit equal to a pro-rata adjustment of the Service fee for the time period your Service was unavailable, not to exceed the total Service fee paid for. Our liability to you for Service failures is limited solely to the credit set forth above.
Unless prohibited by law, iConnect isn’t liable for any indirect, special, punitive, incidental or consequential losses or damages you or any third party may suffer by use of, or inability to use, Services, Software, or Devices provided by or through iConnect, including loss of business or goodwill, revenue or profits, or claims of personal injuries.
To the full extent allowed by law, you hereby release, indemnify, and hold iConnect and its officers, directors, employees and agents harmless from and against any and all claims of any person or entity for damages of any nature arising in any way from or relating to, directly or indirectly, service provided by iConnect or any person’s use thereof (including, but not limited to, vehicular damage and personal injury), including claims arising in whole or in part from the alleged negligence of iConnect, or any violation by you of this Agreement. This obligation shall survive termination of your Service with iConnect. iConnect is not liable to you for changes in operation, equipment, or technology that cause your Device or Software to be rendered obsolete or require modification.
- iCONNECT’S ACCEPTABLE USE POLICY - All use of iConnect’s wireless data network and Services is governed by iConnect’s Acceptable Use Policy. iConnect can revise its Acceptable Use Policy at any time without notice.
- DATA SECURITY - iCONNECT DOES NOT GUARANTEE DATA SECURITY. Data encryption is available with some, but not all, Services provided by iConnect. If you use your Device to access company email or information, it is your responsibility to ensure your use complies with your company’s internal IT and security procedures.
- DEVICE SOFTWARE - The software, interfaces, documentation, data, and content provided for your Device as may be updated, downloaded, or replaced by feature enhancements, software updates, system restore software or data generated or provided subsequently by its manufacturer (hereinafter "Software") is licensed, not sold, to you by its licensors/suppliers for use only on your Equipment. Your use of the Software shall comply with its intended purposes as determined by its licensor/supplier, all applicable laws, and iConnect’s Acceptable Use Policy.
- LIMITATIONS ON SERVICE AND LIABILITY - Unless prohibited by law, the following limitations of liability apply. Service may be interrupted, delayed, or otherwise limited for a variety of reasons, including environmental conditions, unavailability of radio frequency channels, system capacity, priority access by National Security and Emergency Preparedness personnel in the event of a disaster or emergency, coordination with other systems, equipment modifications and repairs, and problems with the facilities of interconnecting carriers. We may block access to certain categories of websites and other online applications, features and services.
iCONNECT DATA SERVICES
GENERAL TERMS - iConnect provides wireless data, including but not limited to, features that may be used with Data Services and wireless content and applications ("Data Services"). The absolute capacity of the wireless data network is limited; consequently, Data Services may only be used for permitted activities.
iCONNECT RESERVES THE RIGHT TO TERMINATE YOUR DATA SERVICES WITH OR WITHOUT CAUSE, INCLUDING WITHOUT LIMITATION, UPON EXPIRATION OR TERMINATION OF YOUR WIRELESS CUSTOMER AGREEMENT.
INTENDED PURPOSES - iConnect’s wireless data network is a shared resource, which iConnect manages for the benefit of all of its customers so that they can enjoy a consistent, high-quality mobile broadband experience and a broad range of mobile Internet services, applications and content. However, certain activities and uses of the network by an individual customer or small group of customers can negatively impact the use and enjoyment of the network by others. Therefore, certain activities and uses of iConnect’s wireless data service are permitted and others are prohibited. The terms and conditions of your use of iConnect’s wireless data service are set forth below.
Permitted Activities. iConnect’s wireless data services are intended to be used for the following permitted activities: (a) web browsing; (b) email; (c) uploading and downloading applications and content to and from the Internet or third-party application stores, and (d) using applications and content without excessively contributing to network congestion.You agree to use iConnect’s wireless data services only for these permitted activities.
Prohibited Activities: iConnect’s wireless data services are not intended to be used in any manner which has any of the following effects and such use is prohibited if it: (a) conflicts with applicable law, (b) hinders other customers’ access to the wireless network, (c) compromises network security or capacity, (d) excessively and disproportionately contributes to network congestion, (e) adversely impacts network service levels or legitimate data flows, (f) degrades network performance, (g) causes harm to the network or other customers, (h) is resold either alone or as part of any other good or service, (i) tethers a wireless device to a computing device (such as a computer, Smartphone, eBook or eReader, media player, laptop, or other devices with similar functions) through use of connection kits, applications, devices or accessories (using wired or wireless technology) and you have not subscribed to a specific data plan designed for this purpose, or if there is a specific data plan required for a particular use and you have not subscribed to that plan.
The following specific uses of iConnect’s wireless data service are prohibited : iConnect’s wireless data services may not be used in any manner that defeats, obstructs or penetrates, or attempts to defeat, obstruct or penetrate the security measures of iConnect’s wireless network or systems, or another entity’s network or systems; that accesses, or attempts to access without authority, the accounts of others; or that adversely affects the ability of other people or systems to use either iConnect’s wireless services or other parties’ Internet-based resources. For example, this includes, but is not limited to, malicious software or "malware" that is designed, intentionally or unintentionally, to infiltrate a network or computer system such as spyware, worms, Trojan horses, rootkits, and/or crimeware; "denial of service" attacks against a network host or individual user; and "spam" or unsolicited commercial or bulk email (or activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk e-mail).
iConnect’s wireless data services may not be used in any manner that has the effect of excessively contributing to network congestion, hindering other customers’ access to the network, or degrading network performance by maintaining a sustained and continuous wireless data service connection or active wireless Internet connection. For example, this includes, but is not limited to, server devices or host computer applications such as continuous Web camera posts or broadcasts, automatic data feeds, or automated machine-to-machine connections; "auto-responders," "cancel-bets," or similar automated or manual routines that generate excessive amounts of traffic or that disrupt user groups or email use by others; use of the service as a substitute or backup for private lines or full-time or dedicated data connections; peer-to-peer (P2P) file sharing services; and software or other devices that maintain continuous active Internet connections when a connection would otherwise be idle or any "keep alive" functions, unless they adhere to iConnect data retry requirements (as may be modified from time to time).
iConnect’s wireless data services also may not be used with high bandwidth applications, services and content that are not optimized to work with iConnect’s wireless data services and, therefore disproportionately and excessively contribute to network congestion. This includes, but is not limited to, redirecting television signals for viewing on computing devices, web broadcasting, and/or the operation of servers, telemetry devices, or supervisory control and data acquisition devices, unless they meet iConnect’s wireless data services optimization requirements. You agree not to use iConnnect’s wireless data services for any of these prohibited activities.
iCONNECT’S RIGHTS TO ENSURE COMPLIANCE - You agree that iConnect has the right to take any and all actions necessary to enforce this Section if you use iConnect’s wireless data services in any manner that is prohibited, including, but not limited to, the following actions:
iConnect may modify, without advance notice, the permitted and prohibited activities, and the optimization requirements for your wireless data services;
iConnect may engage in any reasonable network management practice to enhance customer service, to reduce network congestion, to adapt to advances and changes in technology, and/or to respond to the availability of wireless bandwidth and spectrum;
iConnect may reduce your data throughput speeds at any time or place if your data usage exceeds an applicable, identified usage threshold during any usage cycle.
iConnect may use reasonable methods to monitor and collect customer usage information to better optimize the operation of the network.
If you are an iConnect unlimited data customer, iConnect may migrate you from the unlimited data service to a tiered data service and bill you the appropriate corresponding usage fees. iConnect may interrupt, suspend, cancel or terminate your wireless data services without advance notice.
Unlimited Data Customers. If you are an iConnect unlimited plan data service customer, you agree that "unlimited" means you pay a fixed charge for wireless data service regardless of how much data you use. You further agree that "unlimited" does not mean that you can use iConnect’s wireless data service in any way that you choose or for any prohibited activities, and that if you use your unlimited data service in any manner that is prohibited, iConnect can limit, restrict, suspend or terminate your data service or switch you to a tiered data service.
- CALCULATION OF DATA USAGE - Data transport or usage occurs whenever your device is connected to our network and is engaged in any data transmission, including but not limited to: (i) sending or receiving email, documents, or other content, (ii) accessing websites, or (iii) downloading and using applications. Some applications, content, programs, and software that you download or that comes pre-loaded on your device automatically and regularly send and receive data transmissions in order to function properly, without you affirmatively initiating the request and without your knowledge. For example, applications that provide real-time information and location-based applications connect to our network, and send and receive updated information so that it is available to you when you want to access it. In addition, any advertisements or advertiser-related messages or data delivered to your device, even if delivered to an application, as well as any messages or content that initiate in response to an advertisement, will count toward your data usage. You will be accountable for all data transport and usage when your device is connected to our network, including that which you affirmatively initiate or that which runs automatically in the background without your knowledge, and whether successful or not. Data service charges paid in advance for data services are nonrefundable.
- GENERAL TERMS - iConnect provides wireless data, including but not limited to, features that may be used with Data Services and wireless content and applications ("Data Services"). The absolute capacity of the wireless data network is limited; consequently, Data Services may only be used for permitted activities.
- INTELLECTUAL PROPERTY - You must respect the intellectual property rights of iConnect, our third-party content providers, and any other owner of intellectual property whose protected property may appear on any website and/or dialogue box controlled by iConnect or accessed through the iConnect’s websites. Except for material in the public domain, all material displayed in association with the Service is copyrighted or trademarked. Except for personal, non-commercial use, trademarked and copyrighted material may not be copied, downloaded, redistributed, modified or otherwise exploited, in whole or in part, without the permission of the owner.
- COMPLETE AGREEMENT/ SEVERABILITY/WAIVER - This Agreement sets forth all of the agreements between the Parties concerning the Service and purchase of the Device(s), and there are no oral or written agreements between them other than as set forth in this Agreement. No amendment or addition to this Agreement shall be binding upon this Company unless it is in writing and signed by both Parties (and, in the case of the Company, by an officer of the Company). Company shall not be bound by the Terms and Conditions in Customer’s Purchase Order or elsewhere, unless expressly agreed to in writing by an officer of the Company. This Agreement becomes effective when accepted by the Company. Should any provision of this Agreement be illegal or in contravention of the law, such provision shall be considered null and void but the remainder of this Agreement shall not be affected thereby. The failure of Company, at any time to require the performance by Customer of the provisions of this Agreement shall not affect in any way the right to require such performances at any later time nor shall the waiver by Company of a breach of any provision hereof be taken or held to be a waiver of compliance with or breach of any other provision or a continuing waiver of such provision.
- ASSIGNMENT - This Agreement may be freely assigned by Company to any successor of it or any other firm or entity capable of performing its obligations hereunder, and upon any such assignment, Company shall be released from all obligations to Customer. Customer may not assign this Agreement, or resell the services which are subject to this Agreement without prior written consent of Company. Subject to the restrictions contained herein, this Agreement shall bind and inure to the benefit of the successors and permitted assigns of the partners hereto.
- GOVERNING LAW - The laws of the US territory of Guam shall govern this Agreement.