i-wireless Mobile Broadband Terms and Conditions
These terms and conditions (“Terms and Conditions”) govern your use of the i-wireless Mobile Broadband Service, a wireless data service that allows you to access the Internet from your laptop or computer (the “Service”). The Service may be used only with an i-wireless Mobile Broadband Device. The term "Mobile Broadband Device" means the wireless USB Modem that we have authorized to be used with the Service. The Service is provided at our discretion. We can modify or cancel Service, or take corrective action at any time without prior notice and for any reason, including, but not limited to, your violation of any of these Terms and Conditions. We may change or update these Terms and Conditions, including pricing, from time to time. The Terms and Conditions will be updated on the i-wireless website, www.iwirelesshome.com/mobilebroadband , and you agree that your continued use of the Service will be governed by any updates and by the Terms and Conditions as modified by those updates. In the event that i-wireless updates these Terms and Conditions, you may be required to re-accept these Terms and Conditions, as updated, the first time you log in to the Service after the update. These Terms and Conditions supersede all oral or other written communications and understandings between you and i-wireless with respect to our products and Service and the terms under which it is offered and provided to you.
IF YOU USE THE SERVICE OR MOBILE BROADBAND DEVICE YOU ARE DEEMED TO CONSENT TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, OR DO NOT AGREE TO ANY UPDATED TERMS AND CONDITIONS, DO NOT USE THE SERVICE OR MOBILE BROADBAND DEVICE AND NOTIFY US IMMEDIATELY TO CANCEL SERVICE. IF YOU CANCEL SERVICE PRIOR TO YOUR FIRST USE OF THE SERVICE OR INSTALLATION OF THE MOBILE BROADBAND DEVICE OR IN THE EVENT THAT YOUR COMPUTER OPERATING SYSTEM WILL NOT SUPPORT THE SERVICE, YOU MAY RETURN THE MOBILE BROADBAND DEVICE TO THE PLACE OF PURCHASE WITHIN FOURTEEN DAYS FOR A FULL REFUND OF THE PURCHASE PRICE OF THE MOBILE BROADBAND DEVICE AND ANY SERVICE PURCHASED PRIOR TO USE. IF YOU NOTIFY US THAT YOU DO NOT AGREE TO AN UPDATE, YOU WILL NOT BE PERMITTED TO RENEW YOUR MOBILE BROADBAND PLAN OR IN ANY WAY UPDATE YOUR ACCOUNT AND YOUR SERVICE WILL BE CANCELLED EFFECTIVE UPON THE DATA EXPIRATION DATE, AS DEFINED BELOW, OR WHEN YOU HAVE USED ALL AVAILABLE DATA ALLOWANCE, WHICHEVER OCCURS FIRST.
The Home Service Area is depicted on the coverage maps at www.iwirelesshome.com. You are responsible for verifying coverage in your area.
i-wireless Mobile Broadband Plans
To use the Service, you must purchase an i-wireless Mobile Broadband Plan (also referred to herein as “Plan”). The following Mobile Broadband Plans are available:
|Plan||Data Expiration Date||Price||Data Allowance||Available Data Usage (Approximate)|
|Daily||24 Hours||$5||100 MB||5 hours of web browsing -OR- 25 minutes of video -OR- 10,000 emails*|
|Weekly||7 Days (168 Hours)||$20||300 MB||15 hours of web browsing -OR- 1 hour of video -OR- 25,000 emails*|
|Monthly||30 Days (720 Hours)||$30||1 GB||48 hours of web browsing -OR- 4 hours of video -OR- 100,000 emails*|
We reserve the right to change the Prices set forth above or discontinue a Plan at any time. In addition, we reserve the right to redefine the Data Allowance for any Plan.
Your Data Usage will be deducted from your allocated Data Allowance. “Data Usage” means any use of the Service, including but not limited to web browsing, video streaming or the receipt or transmission of emails. If you use your Data Allowance before the Data Expiration Date, you must purchase an additional i-wireless Mobile Broadband Plan to continue your use of the Service. In the event you do not use all your Data Allowance before the Data Expiration Date, there is no carry-over of usage. Data Allowance not used before the applicable Data Expiration Data shall be lost.
i-wireless Mobile Broadband Auto Refill
Auto Refill is an option available only in connection with the i-wireless Mobile Broadband Monthly Plans. By selecting this option, i-wireless will automatically store and charge your credit card on the Data Expiration Date or when you have used all Data Allowance, whichever comes first. The Service will be renewed on whatever Plan you previously selected. You can opt out of the Auto Refill Option at any time by calling i-wireless Mobile Broadband Support at 1-877-631-0858 at least 24 hours prior to the next charge being placed on your credit card.
Payment and Credit Card Funding.
You may purchase an i-wireless Mobile Broadband Plan using a credit card, debit card, or by using an i-wireless airtime card. If you purchase any products or services from i-wireless we will ask you to supply certain information applicable to your purchase. All information you supply to us or our third party processer must be accurate, current and complete. The funds applied to your account are valid for i-wireless Mobile Broadband Service only, and may not be redeemed for cash or used in connection with any other i-wireless service, including phone service. All such funds are non-refundable. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. You agree to pay all charges incurred by you or any users of your account and/or credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred. Verification of information applicable to a purchase may be required prior to our acceptance of any order. If we discover that a credit card has been fraudulently used to fund your account, we will credit the credit card back with any unused, fraudulently applied funds and may, at our discretion suspend your Service. In addition, we reserve the right to implement other procedures, as we deem appropriate, if we suspect fraudulent credit card use.
i-wireless Mobile Broadband Account Status
Your i-wireless Mobile Broadband account will remain active (the "Active Period") for 1 year from the date of your last i-wireless Mobile Broadband Plan purchase. If you do not purchase an i-wireless Mobile Broadband Plan within 1 year of your last i-wireless Mobile Broadband Plan purchase, your i-wireless Mobile Broadband account will expire and we will deactivate your account. If your account expires and is deactivated, you must follow the activation process again in order to obtain Service. You may visit our website www.iwirelesshome.com/mobilebroadband or contact i-wireless Mobile Broadband Support at 1-877-631-0858 to find out how to reactivate your account. i-wireless phone and i-wireless Mobile Broadband accounts are maintained separately and you may not transfer the balance between your i-wireless phone and your i-wireless Mobile Broadband account.
You are free to cancel Service at any time. Except as otherwise expressly provided for in these Terms and Conditions, i-wireless will not refund any amounts previously paid by you, including without limitation amounts paid for any Mobile Broadband Plans or Mobile Broadband Devices. You may cancel your account by calling i-wireless Mobile Broadband Support at 1-877-631-0858.
Taxes, Surcharges and Fees
Stated prices for our Services do not include Taxes, Surcharges or fees. “Taxes” are imposed on consumers by federal, state and local taxing authorities. Taxes are required to be collected from our customers on the Services we provide to them and we remit these amounts directly to these same taxing authorities. “Surcharges” are imposed on the company by various governmental agencies. Surcharges are generally intended to fund the cost of public service initiatives such as universal service, lifeline or E911 enhancements. The Company is permitted to collect Surcharges from its customers. “Fees” are non-specific amounts that the Company is permitted to collect from its customers to offset administrative and compliance costs that it incurs relative to various regulatory programs and initiatives. Taxes, Surcharges and Fees vary by location and service and are subject to change without notice. You agree to pay all Taxes, Surcharges and Fees associated with your use of the Service.
Specific Terms and Restrictions on Using Data Services
You are responsible for all data activity initiated through the Mobile Broadband Device, regardless of who initiates the activity. Unless notified otherwise, we will assume the individual in possession of the Mobile Broadband Device is the account holder. Any person able to provide the appropriate account password, together with the corresponding email address is authorized by you to receive information about and make changes to your account, including adding new Service or renewing/ changing your Mobile Broadband Plan. You may not use the Service: (1) with server devices or host computer applications, including, but not limited to, Web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections or peer-to-peer (P2P) file sharing or other systems that drive continuous heavy traffic or data sessions; (2) as a substitute or backup for private lines or frame relay connections; (3) with "auto-responders," "cancel-bots," or similar automated or manual routines which generate excessive amounts of net traffic, or which disrupt net user groups or email use by others; (4) to send "spam" or unsolicited commercial or bulk email (or activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email); or (5) for any activity that adversely affects the ability of other people or systems to use any i-wireless Service or another third parties' Internet-based resources. i-wireless reserves the right to limit, suspend or terminate without notice any misuse or use that adversely impacts our network performance or hinders access to our network.
The Service may allow you to access the Internet, text, pictures, games, graphics, music, email, sound and other materials ("Mobile Content") and to send Mobile Content elsewhere. Some Mobile Content is available from i-wireless or from our business partners, while other Mobile Content can be accessed from other third-party websites or services. We make absolutely no representation, warranty or guarantees about the Mobile Content you access through the Service. Mobile Content may be: unsuitable for children/minors; unreliable and/or inaccurate; and/or offensive, indecent, or objectionable. You are solely responsible for evaluating the Mobile Content accessed by you or anyone using your computer or i-wireless Mobile Broadband Device. We strongly recommend that you monitor Mobile Content access by children or minors. Prior to accessing certain Mobile Content that may be inappropriate for children/minors, we (or the website providing the Mobile Content) may require you to provide some personal information in order to verify that you are at least 18 years of age. Mobile Content from third parties may also harm your computer, your i-wireless Mobile Broadband Device or its software. To protect our network or services, or for any other reason, we may place restrictions on your ability to access certain Mobile Content, impose separate charges, limit the amount of data you can access or transfer, or otherwise limit or terminate Service. Unless otherwise indicated, i-wireless does not endorse the Mobile Content, features or software that any third party, including our business partners may use to enhance your use of the Service. Your relationship with any third party, including our business partners is between you and them. While the Service permits access to the Mobile Content third parties, including i-wireless partner’s, Mobile Content, i-wireless specifically MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, PERFORMANCE, ACCURACY OR EFFORTS CONCERNING any Mobile Content you may utilize or otherwise access while using the Service. i-wireless also has no control whatsoever over the Mobile Content on any third party site, including the sites of its business partners that you may access through the Service. We strongly recommend that you use good judgment and care in sharing any personal information about yourself while communicating and interacting with any website. You may not modify, make, upload or download any Mobile Content that may violate anyone's intellectual property rights, including copyright laws. In the event that you lose access to Mobile Content you have purchased, regardless of the reason for such loss, including without limitation the failure of your computer or i-wireless Mobile Broadband Device, or the Service, i-wireless has no obligation to replace any such Mobile Content or to reimburse you for your loss. i-wireless reserves the right, at any time, to cancel and/or modify any Mobile Content offered by i-wireless through the Service, without notice. In such event, i-wireless will not extend your rights to such Mobile Content, and will not provide any reimbursement of any fees or other amounts paid to i-wireless in connection with such Mobile Content. In addition, i-wireless will not be required to provide any replacement for such Mobile Content.
Acceptable Use of the Service and Mobile Broadband Device
i-wireless reserves the right to terminate your Service for violating any of the acceptable uses of its products or services, including the Service or the Mobile Broadband Device.
i-wireless and its business partners provide messages, data, information, music, games, images, text, and other material for your private, non-commercial use only. You may not sell or resell this content. You may not upload and transmit or broadcast this content in public places. These uses are expressly prohibited by i-wireless. You will be solely responsible if you engage in any unauthorized use of this content. In addition, you may not publish, copy, reproduce, upload, download, post, distribute, edit, modify or otherwise transmit (“Post”) any content that solicits any information from other customers or involves any commercial activities, including advertisements.
Content Objectionable or Offensive to Third Parties
You may not Post any content that is unlawful, in contravention of a court order, libelous, defamatory, slanderous, obscene, pornographic, harassing, threatening, abusive, harmful, or otherwise objectionable, or that infringes upon or otherwise violates others' rights, including privacy rights.
You may not Post any content that encourages or is in furtherance of an unlawful, criminal, or fraudulent activity or that violates any of these Terms and Conditions or other i-wireless rule or policy.
You may not Post any content that may infringe on or otherwise violate any patent, trademark, trade secret, copyright, or other intellectual property or 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.
You agree not to Post any content that contains viruses, worms, trojan horses, time bombs, or other similar programs that would interfere with or disrupt our provision of Services or devices connected to our network.
Removal of Objectionable Content
We reserve the right, in our sole discretion, to remove or delete any content that you Post on or through our Service that violates these Terms and Conditions or is otherwise deemed objectionable by us in our sole discretion.
Services are provided by i-wireless using the nationwide Sprint PCS ® network exclusively with i-wireless Mobile Broadband Devices purchased from i-wireless or an authorized retailer. You cannot use our Service with any other devices or on any other network. You agree not to use the Mobile Broadband Device or Service for any unlawful, unauthorized or abusive purpose or in any way that damages our property or others' property or interferes with, harms or disrupts our systems or other operators' systems. You may not alter any of the hardware or software on your Mobile Broadband Device. The Service is for personal use and Mobile Broadband Devices may not be purchased in bulk and sold to third parties. You may not install any amplifiers, enhancers, repeaters or other devices that modify, disrupt or interfere in any way with the radio frequency licensed to us to provide Service. If your Mobile Broadband Device , user name or password is stolen or the Service is fraudulently used, you must immediately notify us and provide us with such documentation and information as we may request (including affidavits and police reports). Until you notify us, you will remain responsible for all charges. You agree to cooperate with us in any fraud investigation and to use any fraud prevention measures we prescribe. Failure to provide reasonable cooperation may result in your liability for all fraudulent usage.
Suspension or Termination of Service
We reserve the right to issue a warning and to suspend or terminate your access to our Service at any time should we determine in our sole discretion that you have violated these Terms and Conditions or any other rule or policy of i-wireless, or for any other reason in our sole discretion.
Disclosure of Content
To comply with appropriate legal process, i-wireless may disclose to law enforcement authorities any information, including your name, account history, account information, or other transmission data requested by law enforcement. We also may disclose to third parties any content necessary to respond to claims that such content violates the rights of third parties or to protect the rights and property of i-wireless.
Calls to Customer Care
Use of the Service includes a reasonable number of calls to our customer care department for inquiries concerning usage, billing, or technical problems. We reserve the right to determine that the number of calls or the requests made to our customer care department are excessive, and a violation of these Terms and Conditions.
Use of Service/Device Number
Reproduction, transmission, dissemination or resale of Service is prohibited without prior written contractual arrangements with i-wireless, together with any required regulatory approvals. i-wireless has the right to interrupt or restrict Service to you without prior notice if i-wireless suspects fraudulent or abusive activity or in our efforts to combat fraudulent use. The Mobile Broadband Device cannot be activated with any other service provider. Your Mobile Broadband Device may contain preinstalled software necessary to use our Service. By using our Service, you agree to abide by the Terms and Conditions of any applicable software license, including third party licenses. You may not reprogram the Mobile Broadband Device or change any electronic serial number (ESN).
Service is normally available to you when your Mobile Broadband Device is within the operating range of our system (see the i-wireless Coverage Map) and may be available outside of that area in other participating carrier service areas. Service functionality may vary when outside the operating range of our system. Service is subject to transmission limitations, reduction in transmission speed, or interruption caused by weather, your equipment, terrain, obstructions such as trees or buildings, or other conditions. Service may be limited in some areas where coverage is not available or may be temporarily limited or interrupted due to system capacity limitations, system repairs or modifications, or in response to suspected fraud, abuse, misuse of the network, hacking or malicious viruses. Interruption may also result from nonpayment of charges by you. We may block access to certain websites if, in our sole discretion, we are experiencing excessive billing, collection, fraud problems or other misuse of our network. We may, but do not have an obligation to, refuse to transmit any information through the Service and may screen and delete information prior to delivery to you as permitted by law. Some aspects of the Service may be temporarily unavailable if a child under the age of 13 provides personal information. Without parental consent, children under the age of 13 will not be able to use certain aspects of the Service.
Both you and we intend that the limitations on liability, warranty and damage awards provided for in these Terms and Conditions will apply to the fullest extent allowed by law. Some jurisdictions do not allow the exclusion of certain warranties or the waiver, limitation or exclusion of liability for punitive, incidental or consequential damages, or for intentional or willful conduct in some circumstances. To the extent that applicable law does not permit any of these limitations, they will not apply to you.
Limitation of Liability. WE ARE NOT LIABLE FOR ACTS OR OMISSIONS OF ANOTHER SERVICE PROVIDER OR ANY THIRD PARTY PROVIDERS OF SERVICES RELATED TO USE OF THE MOBILE BROADBAND DEVICE OR SERVICE, FOR INFORMATION PROVIDED THROUGH YOUR COMPUTER, THE MOBILE BROADBAND DEVICE OR THE SERVICE, LACK OF PRIVACY OR SECURITY EXPERIENCED WHEN USING THE MOBILE BROADBAND DEVICE OR SERVICE, EQUIPMENT FAILURE OR MODIFICATION OR CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING WITHOUT LIMITATION ANY REPRESENTATIONS THAT THE SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE FROM UNAUTHORIZED ACCESS (INCLUDING THIRD PARTY HACKERS OR DENIAL OF SERVICE ATTACKS). WE ARE NOT LIABLE FOR SERVICE OUTAGES OR FOR SERVICE LIMITATIONS OR INTERRUPTIONS. OUR LIABILITY AND THE LIABILITY OF ANY UNDERLYING CARRIER OR SERVICE PROVIDER FOR ANY FAILURE OR MISTAKE SHALL IN NO EVENT EXCEED THE COST OF THE MOBILE BROADBAND PLAN ACTIVE DURING THE AFFECTED PERIOD. WE ARE NOT LIABLE FOR ANY INCIDENTAL, OR CONSEQUENTIAL DAMAGES SUCH AS LOST PROFITS. YOU AND WE BOTH WAIVE TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIMS TO RECOVER INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. IN ADDITION, WE ARE NOT LIABLE FOR (i) INJURIES TO PERSONS OR PROPERTY ARISING FROM USE OF THE SERVICE, THE MOBILE BROADBAND DEVICE OR ANY EQUIPMENT USED IN CONNECTION WITH THE SERVICE OR THE MOBILE BROADBAND DEVICE , OR (ii) THE INSTALLATION OR REPAIR OF THE MOBILE BROADBAND DEVICE BY ANY PARTIES WHO ARE NOT OUR EMPLOYEES. WE ARE NOT LIABLE FOR ANY ACT ASSOCIATED WITH THE PROPER EXERCISE OF RIGHTS UNDER THE PRIVACY AND/OR UNAUTHORIZED USAGE PROVISIONS OF THESE TERMS AND CONDITIONS. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THESE TERMS AND CONDITIONS.
Indemnification. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US, OUR AFFILIATES, OUR BUSINESS PARTNERS AND AGENTS AND ANY OTHER SERVICE PROVIDER HARMLESS FROM CLAIMS OR DAMAGES RELATING TO THESE TERMS AND CONDITIONS OR YOUR OBLIGATIONS SET FORTH IN THESE TERMS AND CONDITIONS OR USE OF THE MOBILE BROADBAND DEVICE OR SERVICE, UNLESS DUE TO OUR SOLE NEGLIGENCE. YOU ALSO AGREE TO PAY OUR REASONABLE ATTORNEYS' AND EXPERT WITNESS FEES AND COSTS INCURRED IN ENFORCING THESE TERMS AND CONDITIONS THROUGH ANY APPEAL. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THESE TERMS AND CONDITIONS.
No Warranties. WE MAKE NO EXPRESS WARRANTY REGARDING THE SERVICE OR THE MOBILE BROADBAND DEVICE AND DISCLAIM ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTY OF MERCHANTABILITY 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 MOBILE BROADBAND DEVICE AND ANY STATEMENT REGARDING IT SHOULD NOT BE INTERPRETED AS A WARRANTY. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THESE TERMS AND CONDITIONS.
Resolution of Disputes
Please read this section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of court trials and class actions. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of these Terms and Conditions, and your actual use of the Service.
You must first present any claim or dispute to us by contacting Customer Care to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within 60 days. The arbitration of any dispute or claim shall be conducted in accordance with the American Arbitration Association ("AAA") under the Wireless Industry Arbitration Rules ("WIA Rules"), as modified by these Terms and Conditions. The WIA Rules and information about arbitration and fees are available upon request from the AAA online at HYPERLINK "http://www.adr.org/" \t "_blank" www.adr.org. You and we agree that these Terms and Conditions evidence a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law. Unless you and we agree otherwise, any arbitration will take place in the county seat for the county in which your billing address is located. At either party's election, the arbitration shall be held telephonically. An arbitrator may award any relief or damages (including injunctive or declaratory relief) that a court could award, except an arbitrator may not award relief in excess of or contrary to what these Terms and Conditions provide and may not order relief on a consolidated, class wide or representative basis. In any arbitration applying the WIA Rules applicable to large/complex cases, the Arbitrators must also apply the Federal Rules of Evidence, and the losing party may have the award reviewed in accordance with the review procedures set forth in the WIA Rules. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.
Costs of Arbitration. For claims of less than $1,000, you will be obligated to pay $25 and we will pay all other administrative costs and fees. For claims over $1,000 but under $75,000, you will be obligated to pay your share of the arbitration fees, but no more than the equivalent court filing fee for a court action filed in the jurisdiction where your billing address is located. For arbitrations of claims in excess of $75,000, all administrative fees and expenses of arbitration will be divided equally between you and us. In all arbitrations, each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration.
Waiver of Class Actions. By these Terms and Conditions, both you and we are waiving certain rights to litigate disputes in court. You and we both agree that any arbitration will be conducted on an individual basis and not on a consolidated, class wide or representative basis. If for any reason this arbitration clause is deemed inapplicable or invalid, or to the extent this arbitration clause allows for litigation of disputes in court, you and we both waive, to the fullest extent allowed by law, any right to pursue any claims on a class or consolidated basis or in a representative capacity.
Limitations Period. Any arbitration or legal action with respect to any and all claims or causes of action related to or arising out of these Terms and Conditions must be brought within two years after the cause of action arises, or within the applicable statutory period of time, whichever is shorter. This limitations period does not apply to any given cause of action when the statutory limitations period for that cause of action cannot be waived, restricted or otherwise limited by you.
Assignment. We may assign all or part of these Terms and Conditions without such assignment being considered a change to the Terms and Conditions, and without your consent or notice to you. Upon such assignment, we are then released from all liability. You may not assign these Terms and Conditions without our prior written consent.
Third Party Beneficiaries. No provision of these Terms and Conditions provides any person or entity not a customer subject to these Terms and Conditions with any remedy, claim, liability, reimbursement, or cause of action, or creates any other third party beneficiary rights.
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 our Customer Care Department and received at our address. Your notice must specify your account number and email address. Oral notices made by i-wireless 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.
Governing Laws. These Terms and Conditions are subject to applicable federal laws, federal or state tariffs, if any, and will be governed by and construed in accordance with the laws of the state of North Carolina without regard to choice of law provisions. Where our Service Terms and Conditions are regulated by a state agency or the FCC, the regulations are available for your inspection; if there is any inconsistency between these Terms and Conditions and those regulations; these Terms and Conditions shall be deemed amended as necessary to conform to such regulations. i-wireless conducts business in the state of Illinois under the name K-Wireless.
No Waiver. No term or provision hereof shall be deemed waived and no breach excused unless such waiver or consent is in writing and signed by the party claimed to have waived or consented. Any consent by either party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
Partial Invalidity. If any term or provision of these Terms and Conditions operates or would prospectively operate to invalidate these Terms and Conditions in whole or in part, then such term or provision only will be void to the extent of such invalidity, and the remainder of these Terms and Conditions shall remain in full force and effect; provided, however, that if such term or provision constitutes the essence of these Terms and Conditions, then these Terms and Conditions shall be deemed terminated without such termination constituting a breach herein.
Lost or Stolen Equipment or i-wireless cards. i-wireless is not responsible for lost or stolen equipment, including but not limited to Mobile Broadband Device or i-wireless cards. Call i-wireless Customer Care at 1-866-594-3644 immediately to suspend your Service. You are responsible for charges incurred until you notify us of the loss of your Mobile Broadband Device.
Trademarks and Licenses. The i-wireless brand and family of marks are registered trademarks used under license by i-wireless. Sprint and Sprint PCS are registered trademarks of Sprint.
Export. You agree to comply with all trade regulations and export control laws, both domestic and foreign. i-wireless Mobile Broadband Devices, 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. You agree not to export or re-export any Mobile Broadband Device, equipment, or software to any foreign country. Any information transferred by you using i-wireless’ Services to any foreign country, entity, or person must comply with the U.S. Export Administration Act and the Export Administration Regulations.