Terms and Conditions
Your agreement with "TouchTone Wireless" (defined as TouchTone Communications, Inc., and its controlled subsidiaries, assignees, and agents) 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.TouchToneWireless.com (collectively "Agreement"). Your Rate Plan includes your 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 TouchTone Wireless services provided to you ("Service"); your authorized phone, handset, device, SIM card, data card, or other equipment or third party device for which we provide Service (collectively "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 information on fees for early termination (if applicable to your Rate Plan), Rate Plan changes, late payments, limitations of liability and privacy information.
If you give someone your personal account validation information, they can access and manage your account. Your personal account validation information includes the last four digits of your social security number or your passcode. In addition, you may establish "Authorized Users" to manage your account. You, any individual you give your personal account validation information to, and any Authorized User on your account, will each have access to your account information, and each will be able to:
All of these activities may result in additional fees, payments due, or Charges to your account, a new minimum term for the line(s) of Service, and/or a new agreement or payment terms that will apply to the account, or to the purchase of Devices. The agreements which are made on your behalf may include retail installment sales agreements for the purchase of Devices to use with our Service. You agree that you will be bound by all such notices, disclosures, changes and terms of agreement, and obligated to pay any resulting fees, payments or Charges. Authorized changes may require your agreement to new T&Cs.
1. Acceptance. YOUR AGREEMENT WITH TOUCHTONE WIRELESS 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 the Service (d)using your service after you make a change or addition; (e) paying for the Service or a "TouchTone Wireless Device" (a Device purchased from TouchTone Wireless, a TouchTone Wireless agent/dealer, or other TouchTone Wireless authorized retailer ("Dealer")); or (f) opening the TouchTone Wireless Device box or failing to activate Service within 30 days after the purchase of your TouchTone Wireless 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. Your Term of Service and Early Termination Fees. Some Rate Plans are month-to-month and some Rate Plans require a Service Term. 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 ends, 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 19). THE EARLY TERMINATION FEE: TouchTone may charge you up to $175 per line for the Early Termination Fee as liquidated damages. 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 us to 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 are 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.
3. Cancellation and Returns. Service Cancellation: You can cancel a new line of Service, and if applicable, not pay an Early Termination Fee, if you cancel WITHIN 14 DAYS of activating that new line of Service (some 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 TouchTone Wireless Device you acquired at the time of activation. You must return your TouchTone Wireless Device in its package with all original contents, undamaged and in good working condition with no material alterations to the Device's hardware or software. If you do not return your TouchTone Wireless Device or if you return your TouchTone Wireless Device in a damaged, altered or destroyed condition, we may take one or more of the following actions: (a) prevent your TouchTone Wireless Device from working on any network; (b) charge you the Early Termination Fee(if your line of Service is subject to an early termination fee); (c) elect not to process your Service cancellation; or (d) charge you the suggested retail price or the cost to repair a damaged, destroyed, or non-returned TouchTone Wireless Device, (which may be greater than the price you paid), plus any shipping and handling charges. Device Refunds and Restocking Fees: For TouchTone Wireless Device and accessory returns and exchanges, speak to a TouchTone Wireless agent for details. Some TouchTone Wireless Devices and accessories may not be refunded or exchanged, and you may be required to pay a restocking fee.
4. Changes to Your Service. You may at any time, be able to change your Rate Plan, including services and features associated with your Rate Plan. You may request to change to another Rate Plan during your Term, and if we authorize the change, you may be charged a migration fee (“pro-ration”) similar to that of when you originally started your service.
5. Our Rights to Make Changes. This section 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. Except as described below for Rate Plans with the price-lock guarantee, 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 RECURRING CHARGE(S) (the amount you agreed to pay 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 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 AND YOU MUST NOTIFY US OF YOUR INTENT TO CANCEL SERVICE WITHIN 14 DAYS AFTER YOU RECEIVE THE NOTICE, OR AS OTHERWISE PROVIDED IN THE NOTICE. IF YOUR RATE PLAN IS SUBJECT TO AN EARLY TERMINATION FEE, YOUR ONLY REMEDY FOR ANY CHANGE THAT WARRANTS CANCELLING SERVICE FOR THE AFFECTED LINE WITHIN THE RELEVANT TIMEFRAME IS THAT YOU WILL NOT BE CHARGED THE EARLY TERMINATION FEE. IF YOU FAIL TO CANCEL SERVICE WITHIN THE RELEVANT TIMEFRAME, YOU ACCEPT THE CHANGES. For the price-lock guaranteed Rate Plans, (1) if your Recurring Charge is guaranteed for as long as you are a customer, we will not increase your Recurring Charge as long as you continuously remain a customer in good standing on a qualifying Rate Plan, or (2) if your Recurring Charge is guaranteed for a certain period of time, we will not increase your Recurring Charge for that period of time from the date you activate your first line on that Rate Plan, as long as you continuously remain a customer in good standing on a qualifying Rate Plan. If you switch Rate Plans, the price-lock guarantee for your new Rate Plan will apply to you (if there is one).
6. Your Wireless Device & Compatibility with Other Networks. Your TouchTone Wireless Device may not be compatible with the network and services provided by another service provider. You may buy a Device from us or bring your own Device, but it must, as solely determined by TouchTone Wireless, be compatible with, and not potentially harm, our network. Some TouchTone Wireless features will be available only on TouchTone Wireless Devices purchased from us. A TouchTone Wireless Device is designed to be used only with TouchTone Wireless Service. You may be eligible to have your TouchTone Wireless Device reprogrammed to work with another carrier, but you must contact us to do so. If you purchased your Device from someone else (not TouchTone Wireless), you may have to contact the original place of purchase for reprogramming assistance. TouchTone Wireless 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 our 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 and 9-1-1 Information and Emergency Alerts. 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. TouchTone Wireless 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 known Wi-Fi access point. 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 TouchTone Wireless 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 in process. 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: Calling 9-1-1 via Wi-Fi services 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 TouchTone Wireless Service are suspended. Location information when using Wi-Fi may be limited or unavailable. You must provide us with a Primary Address to use Wi-Fi services. If the location at which you primarily use Wi-Fi changes, either temporarily or permanently, you must register the new address by contacting TouchTone Wireless'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 9-1-1 over Wi-Fi away from your Primary Address, we may have no or very limited information about your location. Text-to-911: Text-to-911: Text to 9-1-1 may be available in some locations where TouchTone Wireless service is provided, and is dependent on the public safety agency's ability to receive text messaging. TouchTone Wireless recommends that you use voice communications as your primary method of contacting 9-1-1. Emergency Alerts. TouchTone Wireless may choose to offer wireless emergency alerts, within portions of its coverage area, on wireless alert capable Devices. There may be an additional charge for these wireless emergency alerts.
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 15. 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 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. 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. Third-Party Service Provider Billing: Your Device can be used to purchase services and products from third-party providers and Charges for these purchases may be included on your TouchTone Wireless bill. Data Usage and Messaging: Depending upon your Rate Plan, data usage may be rounded at the end of each data session, at the end of your billing cycle, and/or at the time you switch data plans. See www.TouchToneWireless.com for your Rate Plan details. 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 may be available by calling Customer Care. 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 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) are also 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.
11. Roaming and International Calling. Roaming: Your Device may connect to another provider's network ("Off-Net") even when you are within the TouchTone Wireless 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, and your quality and availability of service may vary significantly. You must use your Device predominantly within the TouchTone Wireless owned network coverage area. If you exceed your Rate Plan or Data plan Off-Net domestic Allotments for voice usage, data usage or messaging usage, you will be alerted and your access to Off-Net coverage may be suspended or denied. We may also limit or terminate your Service in our discretion and without prior notice if you no longer reside in a TouchTone Wireless-owned network coverage area, if more than 50% of your voice and/or data usage is Off-Net for any three billing cycles within any 12 month period, if your Off-Net usage makes it uneconomical for TouchTone Wireless to provide Service to you, or if related to TouchTone Wireless's arrangements with an Off-Net provider. 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 may 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.TouchToneWireless.com for information on international access, rates, Services and coverage. While roaming internationally, your data throughput may be reduced and your Service may be otherwise limited or terminated at any time without notice.
12. Taxes, Fees, and Surcharges. Taxes and Fees. You agree to pay all taxes and fees imposed by governments or governmental entities. We may not 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 a disputed tax jurisdiction location or with respect to any disagreement regarding the taxes and fees assessed on your bill, you must request a tax refund within 60 days of our notification to you that the tax has been assessed. Surcharges. You agree to pay all Surcharges. Surcharges are not mandated by law, they are TouchTone Wireless Charges that are collected and retained by TouchTone Wireless. The components and amounts of these Charges are subject to change without notice. Surcharges include, but are not limited to, charges, costs, fees and certain taxes TouchTone Wireless incurs to provide Services (and are not government taxes or fees imposed directly on our customers that we must collect by law). Examples include general and administrative fees (such as certain costs we incur to provide Service) as well as governmental-related Surcharges (such as Federal or State Universal Service fees, regulatory fees, and gross receipts taxes). Surcharges will apply whether or not you benefit from the programs, activities or services included in the Surcharge. You can find the Surcharges in either the "Taxes, Fees & Surcharges" or the "Other Charges" section of your bill.
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 2% per month (24% 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. If we accept late or partial payments, we do not waive our right to collect all amounts you owe, including late fees. If your check, electronic funds transfer payment, including debit or Automated Clearing House payment, or any 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. Service Restoration Fee: When service is disconnected for non-payment, service will be restored within 24 hours once full payment of delinquent charges has been received and verified. There is no guarantee that we will be able to re-activate your number after a 48 hour period of being disconnected. A deposit may be required for reconnected service. A deposit could be required if service is disconnect more than two times in a 12-month period. The deposit amount may vary by state. You may have to pay a fee to begin service or reconnect suspended service. This taxable fee may be up to $15 per line. 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 and that you may be required to increase or replace your deposit amount. We refund deposits and final credit balances upon request, unless otherwise required by law. We pay simple interest on deposits at the rate required by law. 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 Rico customers: This paragraph constitutes notice that your Service may be suspended or cancelled if you do not pay your account 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 16. This paragraph is notice to Puerto Rico customers that payment of undisputed Charges is due when stated on your bill, regardless of any dispute.
15. Notices and Customer Communications. You expressly consent to be contacted, by TouchTone Wireless or anyone calling on its behalf, for any and all purposes, at any telephone number, or physical or electronic address where you may be reached, including any wireless telephone number. You agree that TouchTone Wireless may contact you in any way, including, pre-recorded or artificial voice or text messages delivered by an automatic telephone dialing system, or e-mail messages delivered by an automatic e-mailing system. You agree that we also have the consent to contact any authorized users on your account in any manner set forth in this Section. You expressly acknowledge that this consent cannot be revoked without prior written agreement and acceptance by us. 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 TouchTone Wireless. Your consent to be contacted may be revoked only if it is in writing and is with TouchTone Wireless's express agreement.
You may contact our Customer Care department by calling 1-800-850-5585 or 611 from your Device, or by writing to: TouchTone Wireless Customer Relations, P.O. 135, Whippany, NJ 07981. Notices from you to us are considered delivered when you send an email or 3 days after mailing to the addresses above.
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. After your Service is suspended, you will not be responsible for additional usage charges incurred in excess of your Rate Plan Charges, applicable taxes, fees, and Surcharges. If you request that we not suspend your Service, you will remain responsible for all usage, Charges incurred, and applicable taxes and fees. We may prevent a lost or stolen Device from registering on our and other networks. 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 us to 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, if applicable, will apply.
17. Use and Usage Limits TouchTone Wireless’s voice services are provided primarily for continuous live dialogue between two individuals. The following uses are not permitted: autodialing; continuous or excessive call-forwarding or conferencing; inbound/outbound centralized or distributed call center activity; telemarketing of any kind (including, but not limited to, charitable or political solicitation or polling); fax or voicemail broadcasting; and fax or voicemail blasting, or other commercial uses, or other connections that do not consist of uninterrupted live dialogue between two individuals. TouchTone Communications reserves the right to deny or terminate Service, without notice, to anyone TouchTone Communications believes is using the Service in any manner prohibited as outlined above or whose usage, in TouchTone Communications’ sole discretion, adversely impacts the Carrier’s network or customer service levels. TouchTone Communications will presume you are engaging in a prohibited use in violation of these Terms and Conditions if in TouchTone Communications’ sole opinion, you are placing an abnormally high number of calls, or repeatedly placing calls of unusually long duration, or usage is harmful or disruptive to the Carrier’s network or services. If we determine, at our sole discretion, that you are using our Service in violation of these terms and conditions, or in any other manner that we deem to be unreasonable or excessive, then we may terminate individual calls, terminate your service or decline to renew your service. Notwithstanding the foregoing, TouchTone Communications reserves the right to deny service or deactivate or cancel existing service, to anyone for any reason at any time, in TouchTone Communications’ sole discretion. In the event of suspension for any other unauthorized usage, you will forfeit unused airtime and service and you will not be entitled to receive a refund for your phone or for any unused airtime and service.
18. Unlimited Services. Prohibited Uses. We reserve the right to limit or suspend any heavy, continuous data usage that adversely impacts our network performance or hinders access to our network. Examples of prohibited uses include the following: (i) server devices or host computer applications, including, but not limited to, continuous Web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections or peer-to-peer (P2P) file-sharing; (ii) as a substitute or backup for private lines or dedicated data connections; (iii) “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; (iv) “spam” or unsolicited commercial or bulk email (or activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email); (v) any activity that adversely affects the ability of other people or systems to use either our Service or other parties’ CANNOT BE USED FOR: (1) access to the Internet, intranets, or other data networks except as the device’s native applications and capabilities permit, or (2) any applications that tether your device to a laptop or personal computer other than for the use of Wireless Sync.
Examples of prohibited uses include, without limitation, the following: (i) continuous mobile to mobile or mobile to landline voice calls; (ii) automated text or picture messaging to another mobile device or e-mail address; (iii) uploading, downloading or streaming of audio or video programming or games; (iv) 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 (v) as a substitute or backup for private lines or dedicated data connections. This means, by way of example only, that checking email, surfing the Internet, downloading legally acquired songs, and/or visiting corporate intranets is permitted, but downloading movies using P2P file sharing services and/or redirecting television signals for viewing on laptops is prohibited. A person engaged in prohibited uses may have his/her service terminated without notice or a refund.
19. Misuse of Service or Device. By activating or renewing Service with TouchTone Wireless, you agree that you do so because you want Service from TouchTone Wireless and not for any other purposes. 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 TouchTone Wireless 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 TouchTone Wireless Devices for profit, or tampering with, reprogramming or altering TouchTone Wireless Devices for the purpose of reselling the TouchTone Wireless 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 penetrate, or attempt to penetrate, TouchTone Wireless'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 TouchTone Wireless, you agree that you won't install, deploy, or use any regeneration equipment or similar mechanism (for example, a repeater or signal booster) to originate, amplify, enhance, retransmit or regenerate a transmitted RF signal and, unless authorized by TouchTone Wireless, you agree that you will not use a telephone number on the TouchTone Wireless network for any purpose but for access to the public switched telephone network. You agree that a violation of this section harms TouchTone Wireless, which cannot be fully redressed by money damages, and that TouchTone Wireless shall be entitled to immediate injunctive relief in addition to all other remedies available.
20. 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, more than 50% of your voice and/or data usage is Off-Net for any three billing cycles within any 12 month period, your Off-Net usage makes it uneconomical for TouchTone Wireless to provide Service to you, or relating to TouchTone Wireless's arrangements with an Off-Net provider; (see Section 12); (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 18, 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 exclude certain types of calls, messages or sessions (such as international, 900 or 976 calls), in our sole discretion and without notice. If we limit, 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 18 and 19, 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 TouchTone Wireless's sole discretion. If your Service or account is limited, suspended or terminated and then reinstated, you will be charged a reactivation fee.
21. Intellectual Property. You agree not to infringe, misappropriate, dilute or otherwise violate the intellectual property rights of TouchTone Wireless or any third party. Except for a limited license to use the Services, your purchase of Services and TouchTone Wireless Devices (or other Devices) does not grant you any license to copy, modify, reverse engineer, download, redistribute, or resell the intellectual property of TouchTone Wireless or others related to the Services and TouchTone Wireless Devices (or other Devices); this intellectual property may be used only with TouchTone Wireless Service unless expressly authorized by TouchTone Wireless. You agree that a violation of this section harms TouchTone Wireless, which cannot be fully redressed by money damages, and that TouchTone Wireless shall be entitled to immediate injunctive relief in addition to all other remedies available. In conjunction with our rights under Section 19, it is TouchTone Wireless's policy, in appropriate circumstances and in its sole judgment, to suspend or terminate the Service of any subscriber, account holder or user who is deemed to be a repeat or blatant infringer of copyrights.
23. * Disclaimer of Warranties. EXCEPT FOR ANY WRITTEN WARRANTY THAT MAY BE PROVIDED WITH A TOUCHTONE WIRELESS 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.
24. * 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 REGARDLESS OF THE THEORY OF LIABILITY. 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. 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.
25. 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, any person on your account or that you allow to use your Service or Device.
26. 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; TouchTone Wireless 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.
27. 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.