These terms of service (“Terms of Service”) apply to your use of US Mobile’s mobile services (“Services”). These Terms of Service apply to all of the Services we offer, including the rates, features and terms related to the call minutes, text messages and Internet data you use.
The Terms of Service become effective when you accept them, which you do by making a purchase from our website. These Terms of Service are subject to change from time to time as determined by US Mobile in its sole discretion. Modified and/or updated versions of these Terms of Service will be posted at https://www.usmobile.com/terms.html. Modified and/or updated versions of these Terms of Service will be effective immediately upon posting. Using Services after the changes become effective means you agree to the new terms. Unless expressly prohibited by law, we reserve the right to modify or cancel our service or your account or take corrective action at any time and for any reason, including, but not limited to, your violation of any provision of these Terms of Service.
We cannot guarantee that a device not provided by US Mobile or its affiliates will be able to access and use the Services you have purchased. Wireless services use radio transmissions and coverage is not available everywhere. Quality of service may be affected by conditions within and beyond our control, including atmospheric, geographic, or topographic conditions, or by damage to your device. We do not warrant or guarantee that service will be available at any specific time or geographic location, or that service will be provided without interruption. Any statements or maps provided by us or our authorized dealers and resellers about coverage are intended to provide high-level estimates of our coverage areas when using our service outdoors under optimal conditions and do not mean that service will be available under all circumstances, at all times or without interruption. Estimating wireless coverage and signal strength is not an exact science. There are gaps in coverage within our estimated coverage areas that, along with other factors both within and beyond our control, may result in service interruptions, slower data speeds, or lower quality of service. You should never rely solely on your mobile phone for emergency calls, including to 911.
To provide the best possible experience for the most possible US Mobile customers, and minimize capacity issues and degradation in network performance, we may, without advance notice, take necessary actions to manage our network. The small share of heavy data users, using more than 12GB of data during a billing cycle, may be prioritized below other customers for the remainder of their billing cycle, in times and locations where the availability of network resources is constrained. As always, even when subject to network management practices, these customers have the comfort of knowing that, no matter how much data they use in a billing cycle, they will never be subject to overage charges and will pay a single monthly flat rate.
We reserve the right to issue a warning and to suspend or terminate your service and access to the www.usmobile.com website or any other website we operate or to our service at any time if we determine in our sole discretion that you have violated the Terms of Service or any of our rules or policies or for any other reason in our sole discretion. US Mobile reserves the right to terminate these Terms of Service and your access to the Services immediately and without notification.
For a Credit Card chargeback, if the chargeback is not resolved and reversed, your account will be deactivated and we will assess you a termination charge equal to the balance in your account, which is not refundable. If your account is reactivated subsequently, you may be charged a fee for each chargeback.
All use of the US Mobile Services must comply with US Mobile' Acceptable Use Policy as stated herein. You may not use your phone or device, or our service, for any illegal purpose, including to harass, threaten, abuse, defame or slander any individual or entity. You agree to comply with the AUP, as modified by US Mobile from time to time in US Mobile' sole discretion. Any SMS or MMS messages that You send (a) will not contain any material that is unlawful; (b) will not violate or infringe any copyright, patent, trademark or trade secret or right of privacy or publicity or any other personal or proprietary right of any third parties; (c) will not contain any Unauthorized Code; and (d) will not include unsolicited email, email bombing, proxy email for the purposes of spamming, USENET spam and any and all forms of bulk unsolicited commercial advertising: This includes sending or receiving of mass unsolicited email (SPAM), the direct sending and receiving of such messages, support of such messages via web page, splash page or other related sites, or the advertisement of such services, the sending, return, bouncing or forwarding of email to specified user(s) in an attempt to interfere with or overflow email services, the use of dedicated services to proxy email unsolicited users, the use of dedicated services to act in concert with other services located inside and outside the network to achieve mass unsolicited email (SPAM) to unrelated third parties, the use of dedicated services to send, receive, forward, or post UseNet unsolicited email or posts. Bulk SIM orders are only shipped at the discretion of our internal compliance department to prevent misuse of SIM cards.
When you buy and use our Services or any Devices you agree that you will not misuse or abuse our Services or Devices by doing, among other things, any of the following: (a) modifying your Device from its manufacturer's specifications; (b) activating a Device on a Service Plan or with a feature or product not designated for its use; (c) inserting a US Mobile SIM card into a modem, router, laptop, or other signal broadcasting device. Your Device uses a US Mobile SIM Card to access our Data Services. You are prohibited from using a US Mobile SIM Card with any device other than a basic phone, smartphone, or tablet device to access our Data Services. US Mobile's Data Services may not be used in any manner that has the effect of excessively and disproportionately contributing to network congestion, hindering other customers' access to the network, or degrading network performance by maintaining a sustained or continuous wireless data service connection or active wireless Internet connection.
Other unacceptable usage that US Mobile does not want to be associated with include:
Child Pornography: We have a zero tolerance policy on child porn and we’ll turn you over to the authorities and cooperate with them as much as we possibly can to help them in their investigation of your activity.
Interfering with networks, devices or services: This includes the use of dedicated services or network services for the origination or control of denial of service attacks or distributed denial of service attacks, the storage, distribution, fabrication, or use of malware including virus software, root kits, password crackers, adware, key stroke capture programs and other programs normally used in malicious activity, any activity associated with “phishing”, or “pharming” (and all other cutsie variants of those activities) or systems designed to collect personal information (name, account numbers, usernames, passwords, etc.) under false pretenses and all activity related to illegally or maliciously gaining access to a system, device or network to which you do not have explicit permission to do so.
We may terminate your service without further notice if you violates this AUP. In most cases we would notify you of an alleged violation of the Acceptable Use Policy before we took any action, but not in all cases. If we terminate your service, your account will be deactivated, you will lose your mobile phone number, and we will assess you a termination charge equal to the balance in your account, which is not refundable. You are solely responsible and liable for all use of Services by any user, even if such use occurs without your permission.
If you wish to port any existing telephone numbers from another carrier to US Mobile, you must complete the authorized porting process as defined by US Mobile; you agree to follow US Mobile's then-current Policies. In addition to completing the authorized porting process US Mobile may require you to enter the password of your current account before US Mobile can initiate a port request and obtain a Confirmed Port Date. The Confirmed Port Date will be established pursuant to industry and any applicable regulatory standards; however, since the time required to port number(s) will be affected by the accuracy of information provided to US Mobile by you, as well as the actions of your pre-existing voice provider, US Mobile makes no assurances regarding the time required to port any number(s).
The mobile phone number we provide is for your use while you are a customer. If you cancel your service or your account is deactivated, we may give your mobile phone number to another customer without notice (unless you transfer the mobile phone number to another telecommunications provider in accordance with applicable regulations). While we do not expect to change your mobile phone number, and such changes are rare, under certain circumstances, we may be required to change your mobile phone number; if we do so, however, we will notify you prior to any change.
US Mobile's unlocking service helps customers use their otherwise locked devices on US Mobile's network. Our goal is to help customers take advantage of savings by moving to US Mobile's flexible and affordable usage plans. On August 1st 2014, President Obama signed a bill into law that again made it legal for consumers to unlock their cell phones in order to take them to a carrier that best suits their needs. By using US Mobile to unlock your phone, you agree to the following conditions:
1. You agree that you are using US Mobile's unlocking service for a device that you own, or with the consent or direction from another person who owns the device, solely in order to enable you or other said owner to connect to US Mobile's wireless telecommunications network.
2. US Mobile has the right to deny your unlocking request without assigning any reason.
3. Your device is not under contract with another carrier.
4. You agree to pay all fees and penalties if you unlock your device while still under contract with another carrier.
5. You agree to use US Mobile's services at your own risk. US Mobile will not be responsible for any loss or damage to the device.
We are legally and contractually obligated to cooperate with law enforcement in the investigation of violations of law. We may disclose to law enforcement authorities and governmental agencies any information, including your name, account history, account information or other transmission data properly requested by law enforcement.
We and you each agree to contact each other first with any disputes. You must contact us with any dispute by the means indicated on our website. Please provide a description of the problem, all relevant documents/information and the proposed resolution. We will contact you at the last address that you have provided us or on your mobile phone. We each agree to negotiate in good faith to resolve any dispute.
If a claim proceeds in court, we each waive any right that we may have to trial by jury in any lawsuit or other proceeding to the extent permitted by law.
We and you agree to limit claims for damages or other monetary relief against each other to direct and actual damages unless prohibited by law. You agree that we and our business partners are not liable to you or any third party 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 or omission in our provision of products or services or under any legal theory, including fraud, misrepresentation, breach of contract, personal injury, product liability or any other theory. We assume no risk or responsibility for your use of any of content. We are not liable for (1) any act or omission of any other company furnishing a part of our service or any equipment provided for such service; (2) errors or omissions of our business partners; (3) any damages that result from any product or service provided by or manufactured by third parties; or (4) any unauthorized or disputed charges for our services that appeared more than 30 days earlier on your online account statement which you did not promptly dispute in accordance with the Terms of Service. You acknowledge that no fiduciary or other special relationship exists between you and us, by virtue of the Terms of Service or your use of our Services. You also agree we are not liable for missed voicemails or deletion of contacts from your address book, content, or lost messages from your voicemail system.
You agree to indemnify and hold harmless us and our affiliates and their respective officers, agents, partners and employees, from any and all liabilities, settlements, penalties, claims, causes of action and demands brought by third parties (including any costs, expenses or attorneys' fees on account thereof) resulting from your use of our products and services, or use of our products and services by another person who uses your mobile phone and/or our products or services, whether based in contract or tort (including strict liability) and regardless of the form of action.
These Terms of Service supersede all oral or written communications and understandings between you and us with respect to our products and services and the terms under which they are offered and provided to you. If any part of the Terms of Service is declared invalid or unenforceable, all other parts of the Terms of Service are still valid and enforceable. No provision of the Terms of Service provides any person or entity not a party to the Terms of Service with any remedy, claim, liability, reimbursement, or cause of action, or creates any other third-party beneficiary rights.
Unless otherwise specified herein, any disputes of a legal nature, whether a claim, complaint, arbitration demand or otherwise, shall be subject to the exclusive jurisdiction of the federal or state courts located within the State of Delaware, except in the case of a customer resident in the State of California, in which case such disputes shall be within the exclusive jurisdiction of the federal or state courts of or in the California county in which the customer primarily uses the service.
The charges payable by you for Services, including, without limitation any amounts due with respect to any applicable Mobile Device(s), are as provided in your service plan and these Terms of Service. Except as expressly provided in these Terms of Service or your service plan, US Mobile may increase any applicable charges upon at least thirty (30) days' prior written notice to you. All rates and charges are subject to change immediately if there is any Regulatory Activity. If any Regulatory Activity occurs, US Mobile reserves the right, at any time with as much advance written notice as commercially reasonable and without liability to US Mobile, to modify Services, charges, rates, promotions, terms and/or conditions of these Terms of Service to conform to such Regulatory Activity; or if such Regulatory Activity materially and adversely impairs the provision of Services, as determined by US Mobile, terminate these Terms of Service.
You may not assign your rights or delegate any of your duties under the Terms of Service without our prior written consent, and any attempted assignment or delegation without such consent is void. We may assign all or part of the Terms of Service or your debts to us without notice.
These Terms of Service, together with any attachments referenced in these Terms of Service, including, without limitation, the terms of any applicable service plan, the acceptable use policy posted at https://www.usmobile.com/privacy-policy.html, or any other addenda entered into from time to time, each of which is incorporated herein by reference, constitute the entire understanding between you and US Mobile. You are not relying on any affirmation of fact, description, or promise from (or purported to be from) any person or entity, nor any other oral or written representation or warranty that is not expressly included in these Terms of Service.
When you accept these Terms of Service, you are representing that you are at least 18 years old and are legally able to accept an agreement. If you accept on behalf of any organization, you are representing that you are authorized to bind that organization and, where the context requires, "you" means the organization.