TERMS OF SERVICE
"THE GHOST CELL PHONE DATA SERVICE" or "we," "us" or "our" refers to THE GHOST CELL PHONE DATA SERVICE. "You" or "your" refers to the person or entity that is the customer of record and/or purchases or uses the Service (as defined below). This "Terms of Service" is an agreement between THE GHOST CELL PHONE DATA SERVICE and you ("Agreement").
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. ALL USE OF THE GHOST CELL PHONE DATA SERVICE IS SUBJECT TO THESE TERMS OF SERVICE.
THE GHOST CELL PHONE DATA SERVICE provides private mobile broadband access to the Internet.
CHARGES:You are responsible for paying all charges for or resulting from services provided under this Agreement. Charges may include, without limitation: bandwidth, recurring monthly service, daily activation, applicable taxes, surcharges and governmental fees, whether assessed directly upon you or upon THE GHOST CELL PHONE DATA SERVICE. Payment for all charges is made in advance and there is no proration of such charges.
DATA TRANSPORT IS CALCULATED IN 1 MEGABYTE INCREMENTS, AND ACTUAL TRANSPORT IS ROUNDED UP TO THE NEXT 1 MEGABYTE INCREMENT AT THE END OF EACH DATA SESSION FOR METERING PURPOSES. THE GHOST CELL PHONE DATA SERVICE CALCULATES A FULL MEGABYTE OF DATA TRANSPORT FOR EVERY FRACTION OF THE LAST MEGABYTE OF DATA TRANSPORT USED ON EACH DATA SESSION. TRANSPORT IS METERED BY THE MEGABYTE ("MB"). THE FULL MBs CALCULATED FOR EACH DATA SESSION DURING THE BILLING PERIOD ARE TOTALED AND ROUNDED UP TO NEXT FULL MB INCREMENT. NETWORK OVERHEAD, SOFTWARE UPDATE REQUESTS, EMAIL NOTIFICATIONS, AND RESEND REQUESTS CAUSED BY NETWORK ERRORS CAN INCREASE MEASURED MEGABYTES. DATA TRANSPORT OCCURS WHENEVER YOUR DEVICE IS CONNECTED TO OUR NETWORK AND IS ENGAGED IN ANY DATA TRANSMISSION, INCLUDING BUT NOT LIMITED TO: (i) SENDING OR RECEIVING EMAIL, DOCUMENTS, OR OTHER CONTENT, (ii) ACCESSING WEBSITES, OR (iii) DOWNLOADING AND USING APPLICATIONS. SOME APPLICATIONS, CONTENT, PROGRAMS, AND SOFTWARE THAT YOU DOWNLOAD OR THAT COMES PRE-LOADED ON YOUR DEVICE AUTOMATICALLY AND REGULARLY SEND AND RECEIVE DATA TRANSMISSIONS IN ORDER TO FUNCTION PROPERLY, WITHOUT YOU AFFIRMATIVELY INITIATING THE REQUEST AND WITHOUT YOUR KNOWLEDGE. FOR EXAMPLE, APPLICATIONS THAT PROVIDE REAL-TIME INFORMATION CONNECT TO OUR NETWORK, AND SEND AND RECEIVE UPDATED INFORMATION SO THAT IT IS AVAILABLE TO YOU WHEN YOU WANT TO ACCESS IT. YOU WILL BE RESPONSIBLE FOR ALL DATA TRANSPORT AND USAGE WHEN YOUR DEVICE IS CONNECTED TO OUR NETWORK, INCLUDING THAT WHICH YOU AFFIRMATIVELY INITIATE OR THAT WHICH RUNS AUTOMATICALLY IN THE BACKGROUND WITHOUT YOUR KNOWLEDGE, AND WHETHER SUCCESSFUL OR NOT.
UNUSED DATA BANDWIDTH EXPIRES AT THE END OF THE SERVICE PERIOD.
DATA:Our wireless data network is a shared resource, which we manage for the benefit of all of its customers so that they can enjoy a consistent, high-quality private mobile broadband experience and a broad range of mobile Internet services, applications and content. However, certain activities and uses of the network by an individual customer or small group of customers can negatively impact the use and enjoyment of the network by others. Therefore, certain activities and uses of wireless data service are permitted and others are prohibited.
Permitted Data Activities: Our wireless data services are intended to be used for the following permitted activities: (i) web browsing; (ii) email; and (iii) VOIP services; (iv) uploading and downloading applications and content to and from the Internet or third-party application stores, and (v) using applications and content without excessively contributing to network congestion. You agree to use wireless data services only for these permitted activities.
Prohibited Data Activities: Our wireless data services are not intended to be used in any manner which has any of the following effects and such use is prohibited if it: (a) conflicts with applicable law, (b) hinders other customers' access to the wireless network, (c) compromises network security or capacity, (d) excessively and disproportionately contributes to network congestion, (e) adversely impacts network service levels or legitimate data flows, (f) degrades network performance, (g) causes harm to the network, (h) is resold either alone or as part of any other good or service, (i) attempts to determine the location of another user of the Service, or (j) attempts to sniff or spy on the network traffic of another user. In addition, the following specific uses of wireless data service are prohibited: (i) Wireless data services may not be used in any manner that defeats, obstructs or penetrates, or attempts to defeat, obstruct or penetrate the security measures of our wireless network or systems, or another entity's network or systems; that accesses, or attempts to access without authority, the accounts of others; or that adversely affects the ability of other people or systems to use either our wireless services or other parties' Internet-based resources. For example, this includes, but is not limited to, malicious software or "malware" that is designed, intentionally or unintentionally, to infiltrate a network or computer system such as spyware, worms, Trojan horses, rootkits, and/or crimeware; "denial of service" attacks against a network host or individual user; and "spam" or unsolicited commercial or bulk email (or activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk e-mail); (ii) Wireless data services may not be used in any manner that has the effect of excessively contributing to network congestion, hindering other customers' access to the network, or degrading network performance by maintaining a sustained and continuous wireless data service connection or active wireless Internet connection. For example, this includes, but is not limited to, server devices or host computer applications such as continuous Web camera posts or broadcasts, automatic data feeds, or automated machine-to-machine connections; "auto-responders," "cancel-bots," or similar automated or manual routines that generate excessive amounts of traffic or that disrupt user groups or email use by others; use of the service as a substitute or backup for private lines or full-time or dedicated data connections; peer-to-peer (P2P) file sharing services; and software or other devices that maintain continuous active Internet connections when a connection would otherwise be idle or any "keep alive" functions; (iii) Wireless data services also may not be used with high bandwidth applications, services and content that are not optimized to work with our wireless data services and, therefore disproportionately and excessively contribute to network congestion. This includes, but is not limited to, redirecting television signals for viewing on computing devices, web broadcasting, and/or the operation of servers, telemetry devices, or supervisory control and data acquisition devices. You agree not to use wireless data services for any of these prohibited activities.
If you use wireless data services in any manner that is prohibited, we have the right to take any and all actions necessary to enforce the prohibition, including (a) modifying, without advance notice, the permitted and prohibited activities, and the optimization requirements for your wireless data services; (b) engaging in any reasonable network management practice to enhance customer service, to reduce network congestion, to adapt to advances and changes in technology, and/or to respond to the availability of wireless bandwidth and spectrum; (c) reducing your data throughput speeds at any time or place if your data usage exceeds an applicable, identified usage threshold; (d) we may interrupt, suspend, cancel or terminate your wireless data services without advance notice.
DEVICES:Any wireless phone, mobile hotspot, tablets or other device used with your account must be compatible with, and not interfere with, THE GHOST CELL PHONE DATA SERVICE, and must comply with all applicable laws, rules and regulations.
DISHONORED PAYMENT INSTRUMENTS:We will charge you up to $30 (depending on applicable law) for any instrument (including credit card charge backs) returned unpaid for any reason.
CHANGES TO TERMS AND RATES:We may change any terms, conditions, plans, rates, fees, expenses, or charges regarding your service at any time. You understand and agree that State and Federal Universal Service Fees and other governmentally imposed fees, whether or not assessed directly upon you, may be increased based upon the government's or our calculations. IF WE INCREASE THE PRICE OF ANY OF THE SERVICES TO WHICH YOU SUBSCRIBE WE WILL DISCLOSE THE CHANGE IN ADVANCE.
TERMINATION:Either party may terminate this Agreement (which will terminate the provision of THE GHOST CELL PHONE DATA SERVICE) at any time on advance notice to the other party. Funds paid for unused network access time or unused bandwidth not be refunded. THE GHOST CELL PHONE DATA SERVICE may terminate this Agreement at any time without notice if we cease to provide THE GHOST CELL PHONE DATA SERVICE in your area. We may interrupt or terminate your service without notice for any conduct that we believe violates this Agreement, or if you behave in an abusive, derogatory or similarly unreasonable manner with any of our representatives, or if you fail to make all required payments when due or if we have reasonable cause to believe that your Device is being used in a way that may adversely affect our service. Any provision of this Agreement which by its context is intended to apply after termination of the Agreement will survive termination.
LIMITATION OF LIABILITY:Unless prohibited by law, the following limitations of liability apply. Service may be interrupted, delayed, or otherwise limited for a variety of reasons, including environmental conditions, unavailability of radio frequency channels, system capacity, priority access by National Security and Emergency Preparedness personnel in the event of a disaster or emergency, coordination with other systems, equipment modifications and repairs, and problems with the facilities of interconnecting carriers.
THE GHOST CELL PHONE DATA SERVICE is not responsible for loss or disclosure of any sensitive information you transmit. THE GHOST CELL PHONE DATA SERVICE's wireless services are not equivalent to wireline Internet. THE GHOST CELL PHONE DATA SERVICE is not responsible for nonproprietary services or their effects on devices.
WE DO NOT GUARANTEE YOU UNINTERRUPTED SERVICE OR COVERAGE. THE GHOST CELL PHONE DATA SERVICE MAKES NO WARRANTY, EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, ACCURACY, SECURITY, OR PERFORMANCE REGARDING ANY SERVICES, SOFTWARE OR GOODS, AND IN NO EVENT SHALL THE GHOST CELL PHONE DATA SERVICE BE LIABLE, WHETHER OR NOT DUE TO ITS OWN NEGLIGENCE, for any:
act or omission of a third party; mistakes, omissions, interruptions, errors, failures to transmit, delays, or defects in the Services or Software provided by or through us; damage or injury caused by the use of services or software, including use in a vehicle; claims against you by third parties; damage or injury caused by a suspension or termination of services or software by THE GHOST CELL PHONE DATA SERVICE.
Unless prohibited by law, THE GHOST CELL PHONE DATA SERVICE isn't liable for any indirect, special, punitive, incidental or consequential losses or damages you or any third party may suffer by use of, or inability to use, services or software provided by or through THE GHOST CELL PHONE DATA SERVICE, including loss of business or goodwill, revenue or profits, or claims of personal injuries.
To the full extent allowed by law, you hereby release, indemnify, and hold THE GHOST CELL PHONE DATA SERVICE and its officers, directors, employees and agents harmless from and against any and all claims of any person or entity for damages of any nature arising in any way from or relating to, directly or indirectly, service provided by THE GHOST CELL PHONE DATA SERVICE or any person's use thereof (including, but not limited to, vehicular damage and personal injury), INCLUDING CLAIMS ARISING IN WHOLE OR IN PART FROM THE ALLEGED NEGLIGENCE OF THE GHOST CELL PHONE DATA SERVICE, or any violation by you of this Agreement. This obligation shall survive termination of your service with THE GHOST CELL PHONE DATA SERVICE.
SOME STATES, INCLUDING THE STATE OF KANSAS, DON'T ALLOW DISCLAIMERS OF IMPLIED WARRANTIES OR LIMITS ON REMEDIES FOR BREACH. THEREFORE, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
DISPUTE RESOLUTION BY BINDING ARBITRATION: PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
Summary: Most customer concerns can be resolved quickly and to the customer's satisfaction by contacting us at firstname.lastname@example.org. In the unlikely event that THE GHOST CELL PHONE DATA SERVICE is unable to resolve a complaint you may have to your satisfaction (or if THE GHOST CELL PHONE DATA SERVICE has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. In arbitration you are entitled to recover attorneys' fees from THE GHOST CELL PHONE DATA SERVICE to at least the same extent as you would be in court.
(1) THE GHOST CELL PHONE DATA SERVICE and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising); claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and claims that may arise after the termination of this Agreement. References to "THE GHOST CELL PHONE DATA SERVICE," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or Devices under this or prior Agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Agreement, you and THE GHOST CELL PHONE DATA SERVICE are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.
(2) The right to attorneys' fees and expenses supplements any right to attorneys' fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under the applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorneys' fees or costs.
(3) The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND THE GHOST CELL PHONE DATA SERVICE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and THE GHOST CELL PHONE DATA SERVICE agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
MISCELLANEOUS:This Agreement makes up the complete agreement between you and THE GHOST CELL PHONE DATA SERVICE, and supersede any and all prior agreements and understandings relating to the subject matter of this Agreement. If any provision of this Agreement is found to be unenforceable by a court or agency of competent jurisdiction, the remaining provisions will remain in full force and effect. The foregoing does not apply to the prohibition against class or representative actions that is part of the arbitration clause; if that prohibition is found to be unenforceable, the arbitration clause (but only the arbitration clause) shall be null and void. THE GHOST CELL PHONE DATA SERVICE may assign this Agreement, but you may not assign this Agreement without our prior written consent. The original version of this Agreement is in the English language. Any discrepancy or conflicts between the English version and any other language version will be resolved with reference to and by interpreting the English version.