i-wireless/TOS

About

These are the terms of service for i-wireless, retrieved 2009-03-18. They appear in a small scrolling window when you purchase a phone from their web site; They are reproduced here for purposes of easier visual scanning and cross-referencing.

The header structure may not be exactly the same as in the original; I guessed at it from context.

Errata

• The first reference to the service's website incorrectly gives it as as "iwirelesshom.com"; the link added here goes to the correct site, and subsequent references are correct.
• There are a number of other minor grammatical and punctuation errors.

Text

General

i-wireless' terms apply to the phones we sell and services we offer to our customers. By purchasing, activating or using an i-wireless phone, you agree to these Terms of Service. If you do not agree to these terms, do not use the phone or service and notify us immediately to cancel service.

Our service is provided at our discretion. We can modify or cancel or take corrective action at any time without prior notification and for any reason, including, but not limited to, your violation of any of these terms, including pricing, from time to time, so refer to the i-wireless website, www.iwirelesshom.com, to stay current. By purchasing a, i-wireless phone or using our service, you agree to be bound by the most recent version of our terms.

You agree not to use i-wireless service in any way that is illegal, fraudulent or abusive as determined by i-wireless in its sole discretion. You may not alter any of the hardware or software on your i-wireless phone. i-wireless service is for personal use and the phones may not be purchased in bulk or sold to third parties.

Telecommunications Services

Telecommunications services are provided by i-wireless and its affiliates using the Sprint nationwide PCS Network exclusively through i-wireless phones purchased from i-wireless or an authorized retailer. You cannot use our service with any other phone, device or on any other network. Airtime is for domestic and international calling from the United States and related services as contemplated by these terms. i-wireless phones and phone numbers may not be used a pager or voicemail-only service, and i-wireless may terminate any account if usage is limited to pager or voicemail retrieval service.

Service is only available in geographic areas covered by the digital service network footprint of our service partners, Sprint and its affiliates. Local phone numbers may not be available in certain affiliate markets.

Quality of service may be affected by conditions beyond our control, including atmospheric, geographic, or topographic conditions. We do not warrant or guarantee that service will be available at any specific time or geographic location, or that service can be provided without interruption. We may give credit for continuous service interruption of more than 24 hours on a case-by-case basis, if such interruption was reasonable within our control, and if you notify i-wireless Customer Care at 1-866-594-3644 within seven days of the interruption.

Service Options

i-wireless provides you with the option to pay-per-minute for your service.

Pay-Per-Minute Plans

i-wireless customers that subscribe to the Basic rate plan will receive 10 cent minutes on all calls made between 7:00 p.m. and 6:59 a.m. Calls made between 7:00 a.m. and 6:59 p.m. are 25 cents per minute. i-wireless customers that subscribe to the 10 cent Anytime rate plan will receive 10 cents per minute any time of day or night for just $4.99 per month. If you choose the $4.99 per month rate plan (10 cent Anytime) you must sign up using a valid credit card or an i-wireless replenishment card either by visiting www.iwirelesshome.com or by dialing 611 from your i-wireless phone. $4.99 will be automatically deducted from your account balance. You must have a minimum account balance of $6.00 or we will notify you via text message that we are unable to deduct the $4.99 per month charge and you will need to add airtime to your account. By choosing the $4.99 plan, you will receive 10 cents per minute any time of day or night for the next 30 days (including the value already in your account) as long as you have unused value in your account (excluding the $4.99 charge). If you have not paid the $4.99 charge for the succeeding 30 days, any unused value in your account at that time will continue to receive 10 cents per minute airtime until that value is used. Unless you have cancelled your account, the next time that you replenish your account we will deduct the $4.99 from your account (we will send you a text message comfriming that we have done so) and you will receive 10 cents per minute airtime. You may only cancel your account or change your rate plan by visiting www.iwirelesshome.com or by dialing 611 from your phone. If you choose the Llamo Mexico calling plan, you will be charged a flat rate of $0.25 per minute for all calls made within the domestic United States and for ALL calls to Mexico ORIGINATING FROM THE U.S. anytime of day or night. There are no monthly charges associated with this rate plan and YOU WILL NOT BE CHARGED ANY ADDITIONAL NORMAL PER MINUTE RATES. ALL CHARGES WILL BE DEDUCTED FROM YOUR ACCOUNT. You may cancel the plan at any time. You may sign up for the Llamo Mexico calling plan by dialing 611 directly from your i-wireless phone or by calling 1-866-594-3644 from any touch-tone phone. Rates and country codes for all other international calls can be found at www.iwirelesshome.com. Calling plans and airtime rates for domestic and international calls are subject to change.

Payment Methods

You can add airtime to your i-wireless account by registering your credit or debit card, or you can purchase an i-wireless airtime card at select retail locations. Airtime cards are available in $20 denominations. Airtime is valid for i-wireless prepaid accounts only. Airtime has no cash redemption value. Airtime is non-refundable.

When adding airtime to your i-wireless account using a credit or debit card, you must add a minimum dollar amount of $20.00 or a maximum dollar amount of $100.00. The maximum balance allowed in an account at one time is $300. The value of any airtime card cannot be applied to any other wireless service. You may not add more than $100 per day to your i-wireless account.

By registering to automatically add airtime, you agree to have the amount you have selected deducted from your credit card or debit card and added to your i-wireless account by choosing one of the following options 1.) on the first day of each month 2.) when your balance falls below $5 or 90 days from the date that you last added airtime to your account (whichever comes first).

You can set-up, modify, or cancel your automatic addition of airtime preferences by calling i-wireless Customer Care at 1-866-594-3644 or at www.iwirelesshome.com.

For more information about all the ways that you can add airtime to your i-wireless account, visit www.iwirelesshome.com or contact i-wireless Customer Care at 1-866-594-3644.

Taxes and Surcharges

Prices for service options do not include certain taxes or surcharges. i-wireless customers understand and agree to pay all Federal, state and local taxes and regulatory fees and surcharges that i-wireless is required to charge customer under applicable Federal and state law. Customer further agrees that i-wireless may from time-to-time assess additional tax and regulatory fee surcharges to reimburse i-wireless for taxes and fee attributable to the provision of wireless services, which it is required to pay to tax, and regulatory officials.

Account Status

You must replenish your account within 90 days of the activation date of your account or you will lose your right to any unused value in your account and your account will be suspended. Adding a new card to your account before your balance expires or is suspended will give the new card expiration/suspension date to both your old balance and your new card minutes. Cards/PINs are non-refundable and non-transferable.

Each card is suspended 90 days from the date that the card is activated. However, if a new i-wireless card is added before suspension, the existing balance of minutes will automatically be carried over the new card's expiration/suspension date. Cards are valid for i-wireless prepaid accounts only. Cards have no cash redemption value. Cards are non-refundable. Unactivated cards expire 1-year form the date the card is purchased. Airtime rates are subject to change. i-wireless is not responsible for lost or stolen cards. Your phone number will be reclaimed 60 days after your account expires if you do not load value onto your account during those 60 days. You have no ownership rights to your assigned phone number or other identifier provisioned by i-wireless by i-wireless, our agents or the manufacturer of the phone, and you agree that we may change your number or other identifier at any time without prior notice to you. Domestic and international long distance allows you to call anywhere in the U.S. and anywhere in the world. Per minute charges to make international long distance calls are in addition to normal per-minute rates. Rates and country codes are available at www.iwirelesshome.com. Calls to Directory Assistance (411) are $1.50 each plus local per-minute charges. Rates are subject to change. Standard airtime charges apply to 800, 866, 877 and other toll-free calls. For all incoming and outgoing service, the length of the call will be measured beginning when the "SND" (Send) or "Yes" key is pressed and ending the earlier of when the "End" or "No" key is pressed or our system terminates the call. All per-minute charges are rounded up to the nearest minute.

You consent to receiving advertising alerts or other broadcast messages from i-wireless or its authorized agents. Such incoming calls and messages are not charged against your account balance.

Disputed Charges

If you think there has been an error in any change posted to your account, you must notify us within 15 days after the change is posted to your account balance to request an adjustment. Contact i-wireless Customer Care and a representative will investigate your claim.

Refunds and Returns

Our 14-Day Guarantee

Online Purchases: You have 14 calendar days from the date that the equipment is received to return equipment purchased online. All equipment must be complete and returned in the original packaging and in good condition to be eligible for a refund of the purchase price. You will need to call 1-866-594-3651 to speak to a customer representative to obtain a return authorization number. This return authorization number must appear on the outside of the shipping package and on the receipt for your return to be processed correctly. Equipment should be returned to:

Brightstar Product Recovery Center

ATTN: Returns Manager

Return Authorization Number___________________

2000 USG Drive

Libertyville, IL 60048

Include your name, address, home phone number and return authorization number in the return package. The credit card used at the time of purchase will be credited 10-15 days after the returned handset is received.

Equipment purchased online beyond 14 days from the date that the equipment is received, is not refundable.

Handset Warranty

Your i-wireless handset comes with a one-year handset manufacturer's warranty.

Please note that handset warranties are not transferable from one customer to another. i-wireless does not support warranties for any devices that were not purchased through i-wireless or an authorized i-wireless retail location.

For warranty claims made within 14 calendar days from the date of purchase or date that the equipment is received if purchased online, please contact i-wireless Customer Care at 1-866-594-3644 to order a replacement. Please note that when you call, Customer Care will first attempt to troubleshoot your handset problems. For this reason, please call Customer Care from a different phone or you may limit our ability to troubleshoot. i-wireless customers must return their handset to i-wireless before receiving a replacement handset. To ensure we accurately track the handset order, Customer Care will provide you with a shipping address and a return authorization number to be included with the defective handset.

Warranty claims made beyond 14 calendar days from the date of purchase or date that the equipment was received if purchased online should be directed to the specific handset manufacturer. Manufacturer contact information is listed below:

For LG handsets, please contact:

LG Customer Care - 1-800-793-8896

https://us.lg.com/support/mobilephone_repair.jsp

For Nokia handsets, please contact:

Nokia Customer Care - 1-888-665-4228

https://www.nokiausa.com/support/repair/main/1,2846,,00.html

For UT Starcomm handsets, please contact:

UT Starcomm Customer Care - 1-800-229-1235

https://handsets.custhelp.com/cgi-bin/hansets.cfg/php/enduser/home.php

For Sanyo handsets, please contact:

Sanyo Customer Care - 1- 866-726-0692

How to determine if your handset is considered defective

Handsets are generally considered to be defective and covered under warranty if the handset has stopped properly functioning due to no fault of the user. For example, a software malfunction would typically be considered a defect of the handset.

Handset damage that is not considered defective includes, but is not limited to:

1. Cracks on or damage to the handset case indicating that the handset has been dropped.
2. Damage indicating that the handset has been exposed to liquid.
3. LCD damages such that the handset screen has cracks or blue spots.
4. Handsets that have been modified or tampered with.

What to do when you receive your replacement handset

If you still have your defective handset and need to exchange it, you will find a pre-paid mailing label in the shipping package. Attach this label to the package and use it to return the defective handset within seven (7) days of receiving your replacement model. If you do not return the defective handset within seven (7) days, you will be charged an i-wireless replacement fee of $75.00 for the new handset.

Include your name, address, home phone number and return authorization number in the return package. The credit card used at the time that your online purchase was made will be credited 10-15 days after the returned handset is received.

What to do if your handset has been lost or stolen

Call i-wireless Customer Care at 1-866-594-3644 immediately to suspend your service. Ask Customer Care about handset replacement options that may be immediately available to you. You will be charged for any calls made prior to when you reported your handset as stolen.

Handset Replacement Program

If at any time you wish to replace your existing i-wireless phone with a new i-wireless phone, you may purchase a phone from the i-wireless web store or select retail locations. Once you have done so, please contact i-wireless Customer Care at 1-866-594-3644 so your old i-wireless phone number and existing airtime can be transferred over to your new account.

Acceptable Use of i-wireless Products and Services

You may not use i-wireless' service for any illegal purpose, including to harass, threaten, abuse, defame, or slander any individual. You may not use i-wireless' service in a manner that interferes with another i-wireless customer's use of our service.

Content Objectionable or Offensive to Third Parties

You may not upload, download, post, distribute, or otherwise transmit any content that is unlawful, libelous, defamatory, slanderous, obscene, pornographic harassing, threatening abusive or harmful, or that infringes upon others' privacy rights.

Unlawful Content

You may not upload, download, post distribute, or otherwise transmit any content that encourages or is in furtherance of an unlawful, criminal or fraudulent activity.

Infringing Content

You may not upload, download, post, distribute, edit, modify, or transmit any content that may infringe on any patent, trademark, trade secret, copyright, or other intellectual proprietary right of any person. Infringement may result from the unauthorized copying, posting, editing, modifying, or distributing of any content, including ringtones, graphics, pictures, photographs, logos, software, articles, music, games, or videos. By posting any content, you represent that you have legal rights to use, distribute, and publish such content.

Harmful Content

You agree not to upload, download, post, distribute, or otherwise transmit any content that contains viruses, worms, time bombs, or any other similar programs that would interfere or disrupt our provision of the service.

Removal of Objectionable Content

While we do not monitor your use of our service, we reserve the right to remove or delete any content that you upload, download, post, distribute, or otherwise transmit our service that violates these Terms of Service or is otherwise deemed objectionable by us in our sole discretion. We may delete content that you have downloaded to your personal vault or limit the amount of content that you may download during any given period.

Suspension or Termination of Service

While we do not monitor your use of our service, we reserve the right to suspend or terminate service and access to the www.iwirelesshome.com site at any time should we determine in our sole discretion that you have violated these Terms of Service.

Disclosure of Content

To comply with appropriate legal process, i-wireless may disclose any content to law enforcement authorities, as well as other relevant information, including your name, account history, account information, or other transmission data requested by law enforcement. We also may disclose any content to third parties as is necessary to respond to claims that any content violates the rights of thirds parties or to protect the rights and property of i-wireless.

Storage of Content

Some content may not be stored or processed because of personal vault memory limitations. You agree that i-wireless is not liable for such deletion of failure to store content, and you should store photographs permanently using another means, such as a CD-R or personal computer. Content may expire within 60 days of its original download or use unless you otherwise request its retention and/or preservation. A password may be required to access contents of your personal vault. Not all applications work on i-wireless phones and equipment and some applications may not be available in all areas.

TTY Access

For information concerning TTY access for the hearing impaired, please contact i-wireless Customer Care at 1-866-594-3644.

Limitation of Liability

i-wireless and its business partners won't be liable to you for any indirect, special, incidental, consequential, exemplary or punitive damages of any kind, including lost profits (regardless of whether we have been notified that such loss may occur) by reason of any act of omission in our provision of products or services. We won't be liable for any act or omission of any other company furnishing a part of our service or equipment provided for such service-including for errors or omissions of any vendor participating in offers made through us-or for any damages that result from product or service provided by or manufactured by third parties.

Indemnification

You agree to indemnify and hold harmless i-wireless form any and all liabilities, penalties, claims, causes of action, and demands brought by third parties (including the costs, expenses, and attorneys' fees on account thereof resulting from your i-wireless products and services) whether based in contract or tort (including strict liability) and regardless of the form of action.

Warranties

We make no express warranty regarding the service or phone and disclaim any implies warranty, including any warranty of mechanibilaty or fitness for a particular purpose. We do not authorize anyone to make any warranty on our behalf and you should not rely on any such statement. We are not the manufacturer of the phone and any statement regarding it should not be interpreted as a warranty.

Notices

Written notices to you shall be effective 3 days following the date deposited in the U.S. Mail addressed to your address as kept in our records. You are responsible for notifying us of any changes in your address. Written notice to us shall be effective when directed to i-wireless Customer Care and received at our address. Your notice must specify your account number and service number. Oral notices shall be deemed effective on the date reflected in our records. We will not give you notice of any subpoenas or court orders related to your account or use of service unless required by law.

Use of Your Customer Information

We will always handle your information in a manner consistent with federal customer privacy laws and the i-wireless privacy policy. We take all reasonable steps to protect your personal information from unauthorized use or disclosure. Except as contemplated by the Privacy Policy, we will not intentionally share your personal information without your permission. We may, from time-to-time use the information you provide us to market services to you that may be related to our service offerings. You will have the opportunity to choose whether you would like to receive text messages, email, direct mail, and other updates from i-wireless and its partners about hot new products, special promotions, and important service information by editing your profile at www.iwirelesshome.com or by contacting i-wireless Customer Care at 1-866-594-3644.

Effect of Terms of Service

These terms supersede all oral or written communications between you and i-wireless with respect to our product and services to you and the terms under which they are offered and provided to you. If any part of these terms is declared invalid or unenforceable, all other parts of these terms are still valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portions of these terms. No provision of these terms provides any person or entity not a party to these terms with any remedy, claim, liability, reimbursement, or cause of action or create any other third party beneficiary rights. Any complaint, arbitration or other legal action concerning these terms shall be interpreted under the laws of the State of North Carolina, excluding the choice of law rules, and shall be subject to the jurisdiction of the courts of the State of North Carolina. Complaints, arbitration or other legal actions involving California customers will be interpreted under the laws of the State of California, and will be subject to the jurisdiction of the courts of the California county in which the customer primarily uses i-wireless services.

Export

You agree to comply with all trade regulations and export control laws both domestic and foreign. i-wireless phones, equipment, software, and any underlying information accessed or transferred by you using i-wireless services may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. 2401, et seq.) and the Export Administration Regulations (50 C.F.R. 730-774), as well as the import regulations of other countries. Except as authorized by i-wireless and the U.S. export control laws, you agree not to export or re-export any i-wireless phones, equipment, or software to any foreign country, entity, or person must comply with the U.S. Export Administration Act and the Export Administration Regulations.

v1 : 10_30_2006