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By choosing our wireless service, you (or "member") are entering this Agreement with MobileNation ("us" or "we") which contains the terms and conditions of your wireless service. By entering this Agreement, you become a member of a subscriber group that gains access to exclusive plans for MobileNation's mobile telecommunications (wireless) service and discounted equipment used with that service. Your term of membership is determined by the Calling Plan you choose. No benefits of membership with MobileNation are provided other than as prescribed herein or in your Calling Plan.
1. EFFECTIVE DATE OF YOUR AGREEMENT
This Agreement becomes effective when you do one or more of the following things:(a) give us your written or electronic signature; (b) tell us orally or electronically that you accept; (c) activate your service through your cellular phone; (d) use your cellular phone or any of the features within your Calling Plan; (e) open a package that says you are accepting by opening it; or (f) use your service after making any addition when we have told you that the change or addition requires acceptance.
2. YOUR CALLING PLANS BECOME PART OF THIS AGREEMENT
Calling plans describe the prices and costs for services selected. You acknowledge by accepting this Agreement that you have been given or offered a print out of current prices and costs associated with the Calling Plan you have selected. Your Calling Plan and the published Schedule of Rates and Charges within the Calling Plan you have chosen are part of this Agreement.
ALL MINUTES OF USAGE
All minutes of usage are calculated from call initiation to termination, which is defined as pressing the send key to initiate a call and the end key to terminate a call. All minutes are rounded to the next full minute. Long distance is included for free on minutes of use originating from a phone in the continental United States and terminating to another phone within the continental Unites States.
UNLIMITED CALLING TO AND FROM ANY CONTINENTAL U.S. MOBILE NUMBER
For applicable Calling Plans, unlimited calling to and from any continental United States mobile number generally applies when directly dialing/receiving standard voice calls between domestic continental United States wireless numbers as determined when the call is placed using independent third-party databases. We cannot guarantee, however, that all mobile numbers are included within the database or that they rate as free. Ported numbers from landlines are specifically not included within these databases and do not rate as free. Unlimited calling is available with select MobileNation plans and while within your MobileNation Home Calling Area. Voicemail, 411 and other indirect methods are excluded.
UNLIMITED NIGHT AND WEEKEND CALLING
For applicable Calling Plans, unlimited night calling begins at 9:00 pm Central Time and ends at 5:59 am Central Time. Unlimited weekend calling begins at 9:00 pm Central Time Friday and ends at 5:59 am Central Time Monday.
CARRYOVER MINUTES AND DATA
For applicable Calling Plans, Carryover Minutes and/or megabytes (MBs) are described as unused Monthly Calling Plan Anytime Minutes and/or MBs. Carryover Minutes and/or MBs are accumulated on a month to month basis and expire 30 days after initial accrual if not used. Any account change may result in the expiration of accumulated Carryover Minutes and/or MBs. Termination of Service on individual lines within a multi-line account that have accumulated Carryover Minutes and/or MBs also may result in the expiration of Carryover Minutes and/or MBs held within the same account. Monthly Anytime Minute allotment and Carryover Minutes and monthly MB package allotment and Carryover MBs are totaled together but are not the same. Carryover Minutes and Carryover MBs are non-transferrable.
UNLIMITED MESSAGING TO AND FROM ANY CONTINENTAL U.S. MOBILE NUMBER
For applicable Calling Plans, unlimited messaging to and from any continental United States mobile number applies when directly sending/receiving messages between domestic wireless numbers as determined when the message is placed. Unlimited messaging is available with select MobileNation plans and while within your MobileNation Home Calling area. Depending on your Calling Plan, Picture and Video Messaging may incur a data charge at a per Megabyte rate under your Calling Plan. Messaging rates are subject to change. Standard message rates are charged when a message is sent or received, whether read or unread, viewed or unviewed, solicited or unsolicited. Unused monthly plan messages do not carryover. Certain messages, including those to third parties to participate in a promotion or other program, will result in additional charges. International messaging rates vary and are subject to change. There is no guarantee that messages will be received, and we are not responsible for lost or misdirected messages.
HOME SOLUTIONS (Home phone and Internet)
Home Phone and Internet service Calling Plans will function only within the MobileNation primary network. MobileNation primary network coverage can be found at http://www.mymobilenation.com/primarynetwork. Actual coverage area may differ substantially from map graphics. MobileNation Home Internet is not recommended for streaming content, gaming, or for users exceeding 500 Megabytes per day, as such intensive uses increase the risk of network congestion. MobileNation reserves the right to limit a user's data speed due to network congestion without notice and in accordance with FCC rules. Home Phone Service does not support alarm systems, certain phone related medical devices, fax machines or dial-up modems.
Wi-Fi CALLING APPLICATIONS
Wi-Fi Calling is available on select devices. Certain services may not be compatible or not available with Wi-Fi Calling. 9-1-1 service through Wi-Fi Calling may not be available or may be limited compared to traditional 9-1-1 service due to circumstances including, but not limited to, relocation of equipment, internet congestion or connection failure, loss of electrical power, delays in availability of registered location information and/or other technical problems. When using WI-FI Calling, always be prepared to provide your precise location to emergency responders. See www.mymobilenation.com/terms for more details.
3. TERMS OF AGREEMENT FOR SERVICE
You will receive a designated discount on equipment based on the Calling Plan selected on the date you accept the Agreement. No future discounts on equipment will be given under the terms of this Agreement. We reserve the right to change the discount on equipment at any point in time. To the extent any condition in your Calling Plan expressly conflicts with this Agreement, the condition in your Calling Plan will govern. If at any time you change your service (by accepting a promotion, for example), you will be subject to any requirements, such as a new minimum term, we set for that changed service. Contractual Agreement members may cancel Service and their Agreements without incurring early termination fees by returning to us any purchased or free equipment you received from us within the first 30 day trial period in like new condition. Non-contractual members may cancel Service without incurring early termination fees by returning to us any purchased or free equipment you received from us within the first 7 day trial period in like new condition. For Service cancellations within the applicable trial periods, you will be refunded the cost of the equipment (if returned in like new condition), membership fee(s) and calling plan charges. "Like new" condition means that you return the equipment in its original packaging with all original contents, undamaged and in good working condition as determined in our sole discretion. A restocking fee may be required and will be due at the time the equipment is returned to us. If you fail to return the equipment to us within the applicable trial period, or if the equipment returned to us is not in like new condition, you will be charged up to a $200 fee which will be assessed on your final bill. Any other usage charges, including but not limited to, data megabyte or per minute overages, directory assistance, international long distance, or other items that may have a charge are not refundable. Refunds, if applicable, will be processed by a check from MobileNation which may take up to 14 days for processing. The trial periods are not available to current members who are renewing service under a prior Agreement with us or who are adding lines or purchasing additional equipment. If a cancellation is requested on the same day service is established and is brought back to the same location where service was established, an in-store refund may be available. If for any other reason Service is terminated prior to the Contractual Agreement scheduled end date, you will be charged up to a $300 early termination fee per line terminated plus up to the $200 fee for any unreturned equipment or equipment returned that is not in like new condition. Such fees will vary, but will be determined based on the amount of costs, such as un-returned equipment, not recovered as a result of your early termination. The early termination fee may be prorated based on the length of time remaining on the Agreement at the time of termination.1 year contract plans have no early termination penalty, but will be charged $50 for equipment that is not returned to MobileNation in working condition prior to the fulfillment of the 1-year term.
4. DUTIES OF MOBILENATION
We will provide Mobile Telecommunications Services in the continental United States off the MobileNation primary network (“roaming” service) based on our affiliations and agreements with other mobile telecommunications service carriers. All services including Voice Calls, Messaging and Data may or may not be limited to geographical areas beyond our control. Service shall be available to members with Mobile Radio Telephones equipped for and technically and operationally compatible with such services when within the range of Cell Sites, otherwise known as MobileNation's Network. Service coverage is not available everywhere and varies by service. You may visit www.mymobilenation.com for coverage details. Service also may be temporarily unavailable or limited because of capacity limitations, may be subject to transmission limitations caused by atmospheric and other natural or artificial conditions adversely affecting transmissions, and may be temporarily interrupted or curtailed due to equipment modifications, upgrades, relocations, repairs, and similar activities by us necessary for the proper or improved operation of the Service. We reserve the right to change your digital equipment software without notice in order to provide the Service.
5. OUR RIGHTS TO MAKE CHANGES
Your service is subject to our business policies, practices, and procedures, which may need to change without notice. Policies, such as our Pricing and Privacy Policies, may be found in our stores and at http://www.mymobilenation.com. Unless otherwise prohibited by law, we can also change prices and any other conditions in this agreement at any time by sending you notice prior to the billing period in which the changes would take effect. If you choose to use your service after we send you the notice of changes, you accept the changes. However, you can end the affected service, without any early termination fee, by contacting us within 30 days after we send you the notice of change. If you are on a non-contract calling plan that is receiving a pricing discount based on your eligibility for a discounted price such as but not limited to a multiline family plan discount, automatic bill payment discount, or governmental benefits plan, and your discount eligibility status changes, we may remove the discount prior to the beginning of the next billing period by changing your Calling Plan. If the Calling Plan selected is not acceptable to you, you may request a different eligible Calling Plan or you may elect to cancel your non-contract service.
6. PROVISION OF THE CELLULAR MOBILE RADIO TELEPHONE
You are responsible for the installation, operation and maintenance of your Mobile Radio Telephone. You must provide and maintain the mobile unit in compliance with applicable Federal Communications Commission rules and regulations. The operating characteristics of the Mobile Radio Telephone shall be such as not to interfere with the Service offered by us to any of our members or harm the network. We will not be held liable for loss of any stored or downloaded data on your mobile unit. You are responsible for repairing or replacing any mobile unit that is destroyed by a computer virus due to the use of a MobileNation mobile unit on a website or browser not affiliated with us. We do not manufacture equipment or software, and your only warranties and representations with respect to equipment or software are those provided by the manufacturer.
7. NO WARRANTIES ON OUR BEHALF
You agree that neither we nor our vendors, suppliers, licensors, or affiliates are responsible for any damages resulting from: (a) providing or failing to provide Services, including, but not limited to, deficiencies or problems with a device or network coverage (for example, dropped, blocked, interrupted Services, etc.); (b) traffic or other accidents, or any health-related claims relating to our Services; (c) Data Content or information accessed while using our Services; (d) an interruption or failure in accessing or attempting to access emergency services from a device, including through 911, Enhanced 911 or otherwise; (e) interrupted, failed, or inaccurate location information services, (f) information or communication that is blocked by a spam filter, (g) damage to your device or any computer or equipment connected to your device, or damage to or loss of any information stored on your device, computer, equipment, or our storage space from your use of the Services or from viruses, worms, or downloads of malicious content, materials, data, text, images, video, or audio; or (h) things beyond our control, including acts of God (for example, weather-related phenomena, fire, earthquake, hurricane, etc.), riot, strike, war, terrorism, or government orders or acts. You should implement appropriate safeguards to secure your device, computer or equipment and to back-up your information stored on each. To the extent allowed by law, we make no warranties regarding equipment or services, beyond what is contained in this agreement, and we make no warranties of merchantability or fitness for a particular purpose. Our liability for monetary damages for any claims you may have against us is limited to no more than the proportionate amount of the service charges attributable to the affected period. Under no circumstances are we liable for any incidental, consequential, punitive or special damages of any nature whatsoever arising out of or related to providing or failing to provide services in connection with a device, including, but not limited to, lost profits, loss of business, or cost of replacement products and services.
8. ACCESS NUMBERS
You shall not have any proprietary right in the Access Number(s) provided by us and we reserve the right to assign, designate or change such Access Number(s) when, in our sole discretion, such assignment designation or change is reasonable or necessary in the conduct of our business. A charge may be incurred for any request you make to us to change your access number. You shall not retain the Access Number(s) provided by us for use with services provided by any other cellular provider unless you submit a Port Request and said Port Request is in accordance to all porting terms and conditions set forth by the Federal Communications Commission, including but not limited to, compliance with regulated rate centers. Any Port Request from you that meets the requirements set by the Federal Communications Commission shall entitle you to retain the Access Number(s) provided by us for use with a cellular provider authorized and approved by us. You will be responsible for all agreement terms and conditions for any changes in service and for any applicable early termination fees associated with any or all numbers ported to another cellular provider.
9. USE OF SERVICE
A MobileNation Member Account must not use more than 50% of monthly voice usage, which is defined by all minutes used during a billing period, when roaming outside of the MobileNation primary network and/or a Mobile Nation Member Account must not use more than 300 Megabytes of monthly data usage when roaming outside of the MobileNation primary network, which is indicated when the roaming indicator on the phone is displayed. You can view the MobileNation primary network at: www.mymobilenation.com/primarynetwork. MobileNation, at its option, may cancel the Member's service or change the Member's monthly plan and associated benefits. MobileNation will provide the Member notice that it is electing to take any of the preceding actions, and the Member may terminate their agreement by giving us written notice. Service is furnished for your use only; accordingly, you may not share or resell Service to third parties except to the extent expressly permitted by your service plan. Wireless Hotspot and/or Computer tethering is restricted based upon a Member’s service plan. You may not use the Service for any improper, harassing, abusive or other unlawful, unwanted (by other members), or harmful purpose or in such a way that interferes with our network, business operations, employees, or other members. We may, in our sole discretion, block access to certain categories of numbers such as chat lines. We may also, in our sole discretion, temporarily limit your service for any business or government reason, and reduce data transmission speeds or limit data service, without notice, in order to protect our network, business operations, employees, or members from harm.
10. DISCONNECTION AND TERMINATION OF SERVICE BY MOBILENATION FOR CAUSE
Upon non-payment of any sum due to us or upon a violation by you of any of the conditions governing Service, whether such non-payment or violation is pursuant to this Agreement or any other Agreement between you and us governing Service, we may, in our sole discretion, by written notice or by telephone communication to you, either temporarily or permanently terminate Service to you, either in part or in whole. We may charge to reconnect Service. Where your Mobile Radio Telephone is used with the Service provided by us in violation of any of the provisions herein, we will notify you and take such action as is necessary for the protection of the use of the Service by our other members. You must discontinue such use of the Mobile Radio Telephone or correct the violation immediately, and you must confirm in writing to us that such a violation has ceased or been corrected within five (5) days following our notice to you. Your failure to discontinue such use or to correct the violation or to give the required written confirmation to us within the required time shall result in disconnection of the Service, without any credit allowance, until such time as you comply with the provisions hereof. We may refuse, discontinue or terminate Service to you without notice in the event the Service is used in a manner that will adversely affect our or our affiliate's Service to any of our or its other members or if we determine that your Cellular Mobile Radio Telephone adversely affects our or our affiliate's other members. You will reimburse us for attorney's fees, collections fees, court costs, and similar expenses incurred by us in the enforcement of any right or privilege hereunder. In addition, you will pay interest as provided in paragraph 14 on any of the delinquent or unpaid charges. WE CAN, WITHOUT NOTICE, LIMIT, SUSPEND OR END YOUR SERVICE OR ANY AGREEMENT WITH YOU FOR ANY OTHER GOOD CAUSE, including, but not limited to: (a) paying late more than once in any 12 month period; (b) incurring charges larger than a required deposit or billing limit, including but not limited to charges not yet billed to the member; (c) verbally or physically abusing our employees or agents; (d) providing false information to us; (e) interfering with the MobileNation network, customer service or business operations; (f) becoming insolvent or filing bankruptcy; (g) breaching this agreement; (h) "spamming", "mail bombing", or other abusive messaging; (i) modifying your cellular phone from its manufacturer's or our programmed PRL's, settings, or other specifications; (j) providing credit information we cannot verify; or (k) allowing anyone to use or tamper with your cellular phone number. We can also temporarily limit your service for any business or government reason. Since our service plans provide for personal and household use only, service may not be used for the purpose of telemarketing, advertising, monitoring, commercial research, commercial data collection, group voice chat rooms, or entertainment lines.
11. YOUR BILL
Your bill is our notice to you of your fees, charges and other important information under the Calling Plan you chose. You should read everything in your bill, including the explanation of your summary of charges. Your MobileNation Access Number determines your 30-day bill cycle processing date. Some charges are billed in advance. You may view your bill via mymobilenation.com website, and billing updates and critical services may be communicated via SMS text messages sent to your device. Depending on your plan, there may be an additional charge per month to receive a printed bill. You may direct all billing inquiries to the MobileNation Member Support Department either by calling 611 from your cellular phone or by emailing email@example.com. In the event that you do not wish to receive SMS reminders of your account status, you may opt out of account status notifications by emailing a request to stop billing notifications to firstname.lastname@example.org or by phoning MobileNation Member Support at 731-256-7100. Due to the significance of this action, MobileNation will not be responsible for future notice of non-payment before termination of service occurs and may require enrollment in paper billing for the printed billing charge. Your bill reflects the fees and charges in effect under your Calling Plan at the time they are incurred. You can dispute your bill, but only within 30 days of receiving it. You must still pay any disputed charges until the dispute is resolved. Payment arrangements may be made upon request to us. All agreed payment arrangements are made solely in our discretion and we reserve the right to temporarily disrupt your Service until any unpaid balance is paid. Any temporary disruption of Service to members who are under agreement, whether voluntary or involuntary, are subject to termination fees or extensions to the original agreement for a period of time not to exceed the duration of the temporary disruption of service. Voluntary seasonal suspensions of Service for members under agreement require a monthly Service fee per line.
12. CHARGES SET BY MOBILENATION
You agree to pay all access, usage and other charges and fees we bill you or that the user of your cellular phone accepted, even if you were not the user of your cellular phone and did not authorize its use. These charges include cost recovery of mandated programs and other charges related to expenditures associated with bringing new technologies, systems and interconnections to you. You may have to pay fees to reconnect suspended service. Usage charges may vary depending on where, when, and how you call. When you call from anywhere outside a MobileNation Home Calling Area, there may be a toll or long distance charge in addition to airtime. Directory Assistance calls are not covered under any Calling Plan and will incur charges each time you use it. All 800 numbers dialed from your MobileNation phone will be charged airtime from your Calling Plan. The share feature only applies to MobileNation Shareable Calling Plans. You can review the calling plan sheet that was provided to you when you chose your Calling Plan. Calling Plan changes are billable as soon as you use your service after the requested change. Pro-rate charges and credits for the difference in price on plan changes will also be billed or credited with the next billing cycle after the change was made. Calling Plan features are prorated when increasing or decreasing the feature package and a charge or credit will be applied to the next billing cycle after such change was made. Calling Plan changes during a contract term are limited by phone model type and subject to our sole discretion.
13. TAXES, FEES, AND SURCHARGES
You agree to pay all federal, state and local taxes, fees and other assessments that we are required by law to collect and remit to the government on the Services we provide to you. These charges may change from time to time without advance notice. If you are claiming any tax exemption, you must provide us with a valid exemption certificate. Tax exemptions generally will not be applied retroactively. You agree to pay all surcharges ("Surcharges"), that may be imposed by MobileNation to help defray costs imposed on us, which may include, but are not limited to: cost recovery for Federal Universal Service, various regulatory charges, MobileNation administrative charges, gross receipts charges, certain taxes imposed on MobileNation, and other charges for the costs we incur in complying with governmental programs as described or itemized on your bill. The number and type of Surcharges may vary depending upon the location of the billing address and can change over time. MobileNation’s regulatory recovery fee is $.90 per line monthly. 911 fees will be set by local government. Other surcharges will vary based on your location and may range from 1.3% to 3% of your monthly charges. Where possible, we will provide you notice of any changes to Surcharges in a manner consistent with this Agreement. However, since some Surcharges are based on amounts set by the government or based on government formulas, it will not always be possible to provide advance notice of new Surcharges or changes in the amount of existing Surcharges.
14. PAYMENTS, ONLINE PAYMENTS, CREDIT CARDS, AND CHECKS
Payment is due in full as stated on your bill. You may make a payment online by credit card. We may charge for any checks returned to us for insufficient funds and for any collection agency fees billed to us for trying to collect from you. You may authorize an automatic bill payment for payment of your bill at no additional charge to you. You may contact your authorized agent or MobileNation Member Relations to establish this service by dialing *611 from your cellular phone or (877) 732-2147. Alternatively, payments can be made with cash in person at any MobileNation Authorized Agent. These payments will incur an in-store processing fee.
For Contractual Agreement members, if payment is not received by the due date shown thereon, we may, to the extent permitted by law, charge you a late fee of $5 or up to 1.5% per month (18% annually) of the unpaid balance, whichever is greater. For Non-Contractual Agreement members, if payment is not received by the due date shown thereon, the account will be temporarily suspended until payment is received, and additional re-activation fees and/or prorated charges may apply.
15. LOST OR STOLEN PHONE FOR SUBSCRIBER STILL UNDER CONTRACT
You are responsible for all charges on your phone. If your phone is lost or stolen, you must report it to us immediately. You will not be responsible for charges made by your phone after you have reported the phone as lost or stolen to a Member Services Representative. We will investigate any claims of unauthorized charges within 30 days of receipt of a report from you. You agree to cooperate with our investigation and to submit any relevant documentation that you have such as a police report or a sworn statement. You will not be required to pay any disputed charges while we investigate. You may purchase either a new or refurbished phone if a similar phone is available from us. Termination of Service for lost or stolen phones that you do not replace and are still under the original agreement with us will be handled under the Termination provision in Section 10 above. The equipment sold under this Agreement is not insured by us. MobileNation members covered under the Wireless Protection Handset Insurance Plan will receive a like handset in accordance with the Insurance plan agreement.
You may not assign or transfer this Agreement. We may, upon five (5) days of written notice to you, assign all of our rights, duties and obligations hereunder to another cellular service provider.
17. YOUR PRIVACY
We have a duty under federal law to protect the confidentiality of information about the quantity, technical configuration, type, destination, and amount of your use of our Services, together with similar information on your bills. However, this privacy does not include your name, address and cellular phone number. Except as provided in this Agreement, we will not intentionally share personal information about you without your permission. This Agreement constitutes your express written consent (which you may withdraw) that we may use and share information about you: (a) in order to provide our goods or services; (b) so others can provide goods or services to us on your behalf; (c) so we or any of our affiliates can communicate with you about goods or services related to the ones you already receive; and (d) in response to written subpoenas by authorized law enforcement requiring the release of any and/or all usage details to anyone other than you. You are the only person able to make changes and/or discuss your account(s) with us. You may need to provide to us in writing authorized individuals, such as family members or authorized business affiliates, who may obtain certain information regarding your account. We do not publish directories of our members' phone numbers and therefore, you will not receive a telephone directory from us. We do not provide or sell our members' phone numbers to third parties for listings in directories or for telemarketing purposes.
No failure on our part to exercise, and no delay in exercising any right, power, or remedy hereunder shall operate as a waiver hereof.
19. ENTIRE AGREEMENT
This Agreement, including your Calling Plan, Policies on our website, and the published Schedule of Rate and Charges within the Calling Plan you have chosen, which are part of this Agreement, contain the sale and entire agreement between you and us. This Agreement shall not be modified or amended except by an instrument in writing signed by or on behalf of the parties hereto or as otherwise provided in this Agreement.
20. ARBITRATION/ WAIVER OF CLASS ACTIONS
Most customer concerns or disputes can be resolved through our customer service representatives. However, if either of us has an issue which cannot be resolved without third party intervention, you and we both agree to submit to binding arbitration before the American Arbitration Association. This means that all disputes arising from or relating in any way to your Services, whether under these Terms & Conditions or not, will be resolved through arbitration, not in court or through judge or jury. Moreover, to the fullest extent allowed by law both of us agree to waive any rights to pursue a claim arising from or relating to these Terms & Conditions or the Services as a class action; that is, you or we will not join a claim with the claim of any other person or entity or pursue a claim on behalf of any other person or entity. The arbitration shall take place in McCracken County, Kentucky or Madison County, Tennessee, at your option. The waivers in this section continue in force and effect after the termination of this agreement. Only actions relating to failure to timely pay billed charges, such as service charges and related fees and taxes (collection claims), may be brought in a court; provided that all such actions will be brought in small claims or another court with jurisdiction; and further provided that if any counterclaims or claims unrelated to collection are asserted in the action by any party then the case shall be transferred to arbitration.
Your acceptance of this Agreement acknowledges that you have read, understood, and agree to be bound by the terms and conditions herein.