The use of services provided by Vermont Web Works [hereafter referred to as "VoiceGator Wireless"] constitutes agreement to these terms. BY ACTIVATING OR USING THE SERVICE, YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU HAVE READ AND UNDERSTAND FULLY THE TERMS AND CONDITIONS OF THIS 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 term and conditions, the term in your Rate Plan will govern. Your Agreement applies to each line of Service, although different term and conditions may apply to different lines of Service on your account.
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:
Make changes to your account;
Add services or features to your account;
Remove services or features from your account;
Receive notices and disclosures on your behalf; and
Purchase Devices for use with our Service.
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 VOICEGATOR 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 “VoiceGator Wireless Device” or (f) opening the VoiceGator Wireless Device box or failing to activate Service within 30 days after the purchase of your VoiceGator 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.
Notwithstanding the above, YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION IF YOU OPT OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE EARLIER OF THE DATE YOU PURCHASED A DEVICE FROM US OR THE DATE YOU ACTIVATED A NEW LINE OF SERVICE, OR FOR A LINE OF SERVICE THAT WAS ACTIVATED PRIOR TO JUNE 28, 2008, WITHIN 30 DAYS FROM THE FIRST TIME WHEN YOU AGREED TO EXTEND OR RENEW YOUR TERM OF SERVICE FOR THAT LINE (the “Opt Out Deadline”). Any opt-out or cancel request received after the Opt Out Deadline will not be valid and you must pursue your claim in arbitration or small claims court.
For all disputes (except for Puerto Rico customers), whether pursued in court or arbitration, you must first give us an opportunity to resolve your claim by sending a written description of your claim to the address in Section 16 below. We each agree to negotiate your claim in good faith. If we are unable to resolve the claim within 60 days after we receive your claim description, you may pursue your claim in arbitration. We each agree that if you fail to timely pay amounts due, we may assign your account for collection, and the collection agency may pursue, in small claims court, claims limited strictly to the collection of the past due amounts and any interest or cost of collection permitted by law or this Agreement.
If the arbitration provision applies or you choose arbitration to resolve your disputes, then either you or we may start arbitration proceedings. You must send a letter requesting arbitration and describing your claim to our registered agent (see Section. 16) to begin arbitration. The American Arbitration Association ("AAA") will arbitrate all disputes. For claims less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for claims over $75,000, the AAA’s Commercial Arbitration Rules will apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. Upon filing of the arbitration demand, we will pay all filing, administration and arbitrator fees for claims that total less than $75,000. For claims that total more than $75,000, the payment of filing, administration and arbitrator fees will be governed by the AAA Commercial Arbitration Rules. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees. In addition, for claims under $75,000 as to which you provided notice and negotiated in good faith as required above before initiating arbitration, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys’ fees and costs. Except for claims determined to be frivolous, VoiceGator Wireless agrees not to seek an award of attorneys’ fees in arbitration even if an award is otherwise available under applicable law.Puerto Rico customers: Refer to Section 15 for details on the Puerto Rico Telecommunications Dispute Procedure.
CLASS ACTION WAIVER. WE EACH AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If a court or arbitrator determines in an action between you and us that this Class Action Waiver is unenforceable, the arbitration agreement will be void as to you. If you choose to pursue your claim in court by opting out of the arbitration provision as specified above, this Class Action Waiver provision will not apply to you. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt out requirements above.
JURY TRIAL WAIVER. If a claim proceeds in court rather than through arbitration, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
3. * Your Term of Service 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. 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.
4. * Cancellation and Returns. Service Cancellation: You can cancel a new line of Service, if you cancel WITHIN 7 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 VoiceGator Wireless Device you acquired at the time of activation. You must return your VoiceGator 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 VoiceGator Wireless Device or if you return your VoiceGator Wireless Device in a damaged, altered or destroyed condition, we may take one or more of the following actions: (a) prevent your VoiceGator Wireless Device from working on any network; (b) elect not to process your Service cancellation; or (c) charge you the suggested retail price or the cost to repair a damaged, destroyed, or non-returned VoiceGator Wireless Device, (which may be greater than the price you paid), plus any shipping and handling charges. Device Refunds and Restocking Fees: For VoiceGator Wireless Device and accessory returns and exchanges, see the applicable return policy, which is available at your place of purchase. Some VoiceGator Wireless Devices and accessories may not be refunded or exchanged, and you may be required to pay a restocking fee.
5. Changes to Your Service. You may be unable 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 you may continue to be bound to your existing Term or an extended Term. The amount of the migration fee will decrease as the time remaining on your Term decreases. For specific information about changing your Rate Plan, including migration fee details, call VoiceGator Wireless .
6. 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. 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 AFECTED 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.
7. * Your Wireless Device & Compatibility with Other Networks. Your VoiceGator 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 VoiceGator Wireless , be compatible with, and not potentially harm, our network. Some VoiceGator Wireless features will be available only on VoiceGator Wireless Devices purchased from us. A VoiceGator Wireless Device is designed to be used only with VoiceGator Wireless Service. You may be eligible to have your VoiceGator 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 VoiceGator Wireless ), you may have to contact the original place of purchase for reprogramming assistance. VoiceGator 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.
8. 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.
9. 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. VoiceGator 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 VoiceGator 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 VoiceGator 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 via www.my.VoiceGator Wireless .com or by contacting VoiceGator 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 VoiceGator Wireless service is provided, and is dependent on the public safety agency’s ability to receive text messaging. VoiceGator Wireless recommends that you use voice communications as your primary method of contacting 9-1-1. Emergency Alerts. VoiceGator Wireless has chosen to offer wireless emergency alerts, within portions of its coverage area, on wireless alert capable Devices. There is no additional charge for these wireless emergency alerts.
10. * 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. For some products, such as Prepaid Service, each minute of a call will be billed according to the time or day applicable to that minute. 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 VoiceGator Wireless bill. You can block those purchases of third-party products or services by visiting www.VoiceGator Wireless .com or calling Customer Care. 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 VoiceGatorWireless.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. 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.
12.* Roaming and International Calling. Roaming: Your Device may connect to another provider’s network (“Off-Net”) even when you are within the network 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 VoiceGator Wireless 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 VoiceGator 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 VoiceGator Wireless to provide Service to you, or if related to VoiceGator 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.VoiceGatorWireless.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.
13. * 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 VoiceGator Wireless Charges that are collected and retained by VoiceGator 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 VoiceGator 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.
14. * Payments, Late Fees, Deposits, and Credit Checks. If we do not receive payment in full by the due date on your bill, you may be charged a late fee of the greater of 1.5% per month (18% annually) or $5/month, subject to the maximum allowed by law. We may use a collection agency and you agree to pay collection agency fees. 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. 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.
15. * 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.
Puerto Rico customers: We will provide you with a determination regarding any dispute that is presented to us in accordance with this Section 15 within 15 days after we receive it. You will have 20 days from the mailing date of the notification to request reconsideration of our determination’s result. You may appeal our resolution's determination to the Telecommunications Board of the Commonwealth of Puerto Rico (“Telecommunications Board”) by filing a petition for review up to 30 days after the date of our determination. Your petition for review shall be made through the filing of a document containing the following information: (a) your name and address; (b) our company name; (c) the pertinent facts; (d) any applicable legal provisions that you are aware of; and (e) the remedy you are requesting. The document may be filed handwritten or typewritten, and must be signed by you. You must send us a copy of your document to the following address: 654 Muñoz Rivera Avenue, Suite 2000, Hato Rey, Puerto Rico 00918, Attn: Customer Care Manager. You must send your petition for review to the Telecommunications Board at the following address: 500 Ave. Roberto H. Todd (Pda. 18 – Santurce), San Juan, Puerto Rico 00907-3941. The Telecommunications Board will review our determination only on appeal. You are advised of the provisions regarding suspension of Service that appear in Law 33 of July 7, 1985, Law 213 of September 12, 1996 and Regulation 8065 promulgated by the Telecommunications Board. You are also advised of Regulation 5939 of March 12, 1999 promulgated by the Telecommunications Board regarding the procedures for customer’s dispute resolution and suspension of Services.
16. * Notices and Customer Communications. You expressly consent to be contacted, by VoiceGator 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 VoiceGator 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 VoiceGator Wireless. Your consent to be contacted may be revoked only if it is in writing and is with VoiceGator Wireless ’s express agreement.
You may contact our Customer Care department at www.VoiceGatorWireless.com, by calling 1-866-388-1571, or by writing to: VoiceGator Wireless Customer Relations, P.O. Box 213, Ripton, VT 05766. Puerto Rico customers must direct notices to: Attn: Customer Care Manager. Notices from you to us are considered delivered when you send an email or 3 days after mailing to the addresses above.
17. * 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.
18. * Misuse of Service or Device. By activating or renewing Service with VoiceGator Wireless, you agree that you do so because you want Service from VoiceGator 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 VoiceGator 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 VoiceGator Wireless Devices for profit, or tampering with, reprogramming or altering VoiceGator Wireless Devices for the purpose of reselling the VoiceGator 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, VoiceGator 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 VoiceGator 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 VoiceGator Wireless, you agree that you will not use a telephone number on the VoiceGator Wireless network for any purpose but for access to the public switched telephone network. You agree that a violation of this section harms VoiceGator Wireless, which cannot be fully redressed by money damages, and that VoiceGator Wireless shall be entitled to immediate injunctive relief in addition to all other remedies available.
19. 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 VoiceGator Wireless to provide Service to you, or relating to VoiceGator 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 VoiceGator Wireless’s sole discretion. If your Service or account is limited, suspended or terminated and then reinstated, you will be charged a reactivation fee.
20. * Intellectual Property. You agree not to infringe, misappropriate, dilute or otherwise violate the intellectual property rights of VoiceGator Wireless or any third party. Except for a limited license to use the Services, your purchase of Services and VoiceGator Wireless Devices (or other Devices) does not grant you any license to copy, modify, reverse engineer, download, redistribute, or resell the intellectual property of VoiceGator Wireless or others related to the Services and VoiceGator Wireless Devices (or other Devices); this intellectual property may be used only with VoiceGator Wireless Service unless expressly authorized by VoiceGator Wireless. You agree that a violation of this section harms VoiceGator Wireless, which cannot be fully redressed by money damages, and that VoiceGator 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 VoiceGator 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.
21. Digital Millennium Copyright Act (“DMCA”) Notice. If you believe that material residing on our system or network infringes the copyright of you or the copyright of a person or entity for whom you are authorized to act, notify our Designated agent by using the notice procedure under the. After receiving notice, we may remove or disable access to any infringing material as provided for in the DMCA.
Some Devices automatically upload stored information (such as your address book, ringtones, or other data) to VoiceGator Wireless network servers. You may choose not to use this service by contacting Customer Care; however, your Device will continue to upload your information to our servers but VoiceGator Wireless will not retain the information. Not using this service may result in the loss of functionality or the availability of certain services or features, and the permanent loss of information stored on a lost or stolen Device. You or VoiceGator Wireless may be able to remotely access or delete information stored on your Device or on www.VoiceGator Wireless.com.
23. * Disclaimer of Warranties. EXCEPT FOR ANY WRITTEN WARRANTY THAT MAY BE PROVIDED WITH A VOICEGATOR 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; VoiceGator 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.
28. Additional Terms for VoiceGator Wireless Prepaid Customers. Your VoiceGator Wireless Prepaid Service account balance, if sufficient, or your active prepaid plan gives you access to VoiceGator Wireless Prepaid Service for a limited amount of time; you must use your VoiceGator Wireless Prepaid Service during the designated period of availability. To use VoiceGator Wireless Prepaid Service you must have a VoiceGator Wireless Prepaid Service account balance for pay as you go service or be on an active prepaid plan.; Service will be suspended when your account balance reaches zero; and/or you are at the end of the time period associated with your prepaid plan. Monthly plan features are available for 30 days, however, depending on the time of day that you activate your Service or that your Service expires, your service cycle may not equal 30 full 24 hour days. Your monthly plan will be automatically renewed at the end of 30 days if you have a sufficient VoiceGator Wireless Prepaid Service account balance to cover your VoiceGator Wireless Prepaid Service plan before the first day after your service cycle. If you do not have a sufficient VoiceGator Wireless Prepaid Service account balance, your Prepaid Service will be suspended unless you move to a pay as you go plan. If you do not reinstate Prepaid Service within the required period based upon your service plan, your phone number will be reallocated. The Charges for Service and the amount of time that Service is available following activation of your Prepaid Service account balance may vary; see www.VoiceGatorWireless.com for more information. Prepaid Service is non-refundable (even if returned during the Cancellation Period), and no refunds or other compensation will be given for unused airtime balances, lost or stolen prepaid cards, or coupons. You will not have access to detailed usage records or receive monthly bills. Coverage specific to VoiceGator Wireless Prepaid Service may be found at www.VoiceGatorWireless.com and differs from coverage related to VoiceGator Wireless ’s postpaid Service. If you purchase a VoiceGator Wireless Device that is sold for use on VoiceGator Wireless Prepaid Service, you agree that you intend it to be activated on our Service, and do not intend to, and will not, resell, modify and/or export the VoiceGator Wireless Devices, or assist someone in these activities.