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Allvoi Wireless
Terms and Conditions of Service
As of December 6, 2018
We are pleased to be your wireless service provider. Allvoi Wireless is powered by Allvoi Communications Inc., which provides all of the services and customer support for any Allvoi Wireless plan and/or account you purchase and/or use. A customer's invoice, account statement, and/or credit or debit card charge will appear as Allvoi, Master Call, Allvoi by Master Call, and/or a variation, derivative, and/or disambiguation thereof. We reserve the right to change or modify these Terms and Conditions of Service ("Terms") at any time, which will be effective immediately when posted to Allvoi's website at https://allvoi.com/wireless/. Please check our website from time to time as these Terms may have changed without notice.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND MAKE SURE THAT YOU UNDERSTAND EACH PROVISION AS THEY CONTAIN IMPORTANT INFORMATION ABOUT THE SERVICES PROVIDED TO YOU, OUR USE OF YOUR LOCATION INFORMATION AND NETWORK MANAGEMENT. THESE TERMS AND CONDITIONS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. THESE TERMS AND CONDITIONS LIMIT OUR LIABILITY AND THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
Definitions
In these Terms the following terms have the following meanings: (a) "Allvoi," "Allvoi Wireless," "we," "us," and "our" refer to Allvoi® Wireless and/or Mastercall®'s Allvoi Communications Inc., and/or their services or plans; (b) "you," "your," "user," "subscriber," or "customer" refer to the account holder or any other person who purchases, activates or uses the Wireless Services we provide; (c) "Device" means any compatible basic phone, smartphone, or tablet that we activate with your Allvoi account; (d) "Service(s)" or "Wireless Service(s)" means any wireless services we provide or that reference these Terms and includes, but is not limited to, our rate and service plans, billing services, offers, promotions, applications, programs, products, features, software, or any Device on your account; (e) "Charges" means any access and usage charges, taxes, surcharges, fees, including regulatory cost recovery fees, government fees (whether assessed directly upon you or upon Allvoi) and other charges we charge you or that were accepted or processed through your Device as further defined below in the "Charges" section.
Wireless Customer Agreement
These Terms are part of your Wireless Customer Agreement ("Agreement") and form a contract between you and Allvoi that applies to all Devices and Wireless Services provided to you. Your Agreement with us also includes: (a) rate plans, and other transaction materials, including any receipt or service summary that you sign, accept, or that is provided to you, and any transaction confirmation materials we may provide to you; (b) and any terms and conditions for wireless products, services, features, promotions, and applications not otherwise described in these Terms that we provide to you or that we make available on Allvoi's website at https://allvoi.com/wireless/ or any sub-webpage or sub-domain thereunder (the "Website" or "Supplemental Materials"). In the event of any conflict between these Terms and any Supplemental Materials, these Terms control.
Acceptance of the Terms
You represent that you are at least 18 years old and/or that you are legally authorized to accept these Terms and to enter into this Agreement. Your Agreement with Allvoi begins when you accept these Terms by: (a) giving us a written or electronic signature or telling us orally that you accept, or by otherwise accepting through any other printed, oral, or electronic means; (b) paying for Service; (c) activating the Service; (d) using or attempting to use the Service in any way; (e) upgrading or modifying the Service; (f) opening any Device packaging; (g) or starting any application, program or software that states you are accepting. If you do not want to accept these Terms, please do not take any of these actions.
Wireless Advertising Policy
Recent CTIA guidelines require us to use certain practices in requesting that you "opt-in" or in securing your consent to allow us to send advertising and/or soliciting text messages to you via a mobile or wireless device. By accepting these Terms you agree that we may send you text messages that provide you the ability but not the obligation to opt-in or consent to such advertising text messages. If you opt-in, we may send such advertising text messages at various frequencies to you and you may opt-out or withdraw your consent from/to receiving them at any time. You may read more about the CTIA and its wireless guidelines at https://www.ctia.org/the-wireless-industry/wireless-industry.
Other Terms
Other terms and conditions, including end user license agreements, apply to certain applications, software, products, programs, services, promotions, and features that we provide to you, that you obtain from a third party through us, or that you obtain directly from a third party. These other terms and conditions may be significantly different from the Terms that are part of your Agreement. It is your responsibility to read and understand any other terms and conditions before you accept them. We are not responsible for any third party terms and conditions.
Our Right to Change Terms and Rates
We may change any part of the Agreement at any time, without advance notice including but not limited to these Terms, Supplemental Materials, rates, rate plans, features, products, fees, expenses, coverage areas, roaming partners, international calling plan destinations, provisioning technology, and Charges for your Service. Changes become effective when posted on Allvoi's Website. We will attempt to provide you with notice of material changes by text message or by such other means practicable, as determined by Allvoi, but do not guarantee that you will receive notice of any changes. If you continue to access or use our Services or increase your account balance on or after the effective date of a change, you accept that change. Do not access or use our Services after the effective date of a change if you decide to reject the change and cancel Service. You will not be entitled to any refund or credit for the unused portion of your account balance if you decide to cancel Service before your monthly or yearly Service period ends.
Termination
Either party may terminate this Agreement (which will end your Service with Allvoi) at any time and for any reason. You are responsible for all Charges until your account is deactivated and for any remainder of the month during which you terminate. You shall also be responsible for any termination fee(s) that your particular plan or service requires. You may also request that we transfer ("port") your number to another carrier and Service for that number will be cancelled when the porting is complete. We reserve the right to charge a fee if you request to port your number. You are responsible for all Charges until the port-out is complete. We do not guarantee that number transfers to or from us will be successful. You will not receive a refund or credit for any unused portion of your account balance if you decide to terminate Service before your monthly or yearly Service period ends.
You agree that we may, in our sole discretion, without limitation and without notice, limit, interrupt, suspend or cancel your Service for any reason, including, but not limited to: (a) any conduct that we believe violates the Agreement, these Terms, or our Policies; (b) your failure to have or maintain an adequate account balance; (c) if you behave in an abusive, derogatory or similarly unreasonable manner with any of our representatives; or (d) if we have reason to believe that your Device or our Service is being used for an unlawful or fraudulent purpose, a Prohibited Use or in a way that may adversely affect our Service.
Service Plans
Allvoi offers monthly and yearly Service plans for Devices ("Plans," "service," and/or variation thereof). Unless otherwise prohibited by your specific plan terms or type of Device, you may change your Allvoi Service Plan once in any monthly Service period, although we may prohibit or restrict any plan change we believe is in violation of these Terms or any applicable Policy. In addition, we reserve the right to change your Plan if your Device is not supported by the Plan you selected. Some Plan changes may be conditioned on the payment of certain charges, and, depending on your plan, you may forfeit your remaining Plan balance if you change Plans. Information on our Plans is available at the Website.
Charges
You are responsible for paying all Charges for Services provided under this Agreement, including Charges made by any person you permit to have direct or indirect access to your Device even if you did not authorize its use. These include, but are not limited to, (a) monthly access charges; (b) usage charges (if your plan includes metered usage); (c) charges for features and add-ons; (d) taxes, fees and other assessments imposed by the government that we are required to collect and remit to the government (to determine your primary place of use ("PPU") and which jurisdiction's taxes and assessments to collect, you are required to provide us with your street address; if you do not provide an address or it is outside our Service area, we will designate a PPU within the Service area for you and we may terminate your Service); (e) other fees and charges including activation, reactivation, prepayment, convenience payment, restocking, Device unlocking, SIM replacement, number change, express delivery, upgrade, program, or other fees, including specific transaction fees, relating to Services and Devices purchased from us; and (f) surcharges that we collect and retain from our customers that include, but are not limited to, Federal or State Universal Service fees, regulatory charges, administrative fees, and government taxes or fees imposed on gross receipts, sales and/or property that we incur in providing Services to our customers. Surcharges are not taxes, and we are not required by the government to collect them from you. We determine the rate of these charges, and the amounts are subject to change. IF YOU DISPUTE ANY CHARGES, YOU MUST NOTIFY US IN WRITING AT ALLVOI'S ADDRESS INDICATED ON YOUR BILL WITHIN 30 DAYS OF INCURRING THE CHARGE OR YOU WILL HAVE WAIVED YOUR RIGHT TO DISPUTE IT AND TO BRING OR PARTICIPATE IN ANY LEGAL ACTION RAISING SUCH DISPUTE.
Billing
You will not have access to detailed usage records for most Services, and we will not provide you with monthly bills. You may access your account on our website or on your Device. We will attempt to send you monthly SMS reminders of your account status, but we cannot guarantee that you will receive them or that you will receive them before your account is suspended or cancelled.
Payments and Account Balance
The availability of Services depends upon your payment in advance of all Charges when they are due. If you fail to make payments when due, the Services will be suspended and/or cancelled. By making a payment you will have access to Services for a limited amount of time and you must use the Services during the designated period of time; any unused allotment of Services from one designated period of time will not carry over to the next period (i.e., Services do not roll-over). Charges for our Services and the amount of time Services are available following activation may vary. If your account is deactivated for nonpayment it will be placed in suspend mode for 60 days. If your account is not replenished before the end of the 60 day suspend period, it will be cancelled. Amounts paid for Service Charges are non-refundable and account balances are not transferable, refundable, or redeemable for cash. If your account is suspended or cancelled, for any reason, any remaining balance will be forfeited. When your account is cancelled we will re-assign the phone number associated with your account, and that phone number, identification number, or email address associated with your account may no longer be available to you. We may also charge you a fee to reactivate Service depending on when you reactivate.
Account Access
An account password or PIN may be assigned to you. In order to protect the security of your account, you should change this password or PIN as soon as possible after your account is activated. If you do not change your password or PIN, your account may not be secure. You agree to protect your password or PIN, and other account access credentials from loss or disclosure. You authorize us to provide information about and to make changes to your account, including the purchase of products and/or Services, upon the direction of any person able to provide information we deem sufficient to identify you. You consent to the use by us or our authorized agents of regular mail, predictive or autodialing equipment, email, text messaging, facsimile or other reasonable means to contact you to advise you about our Services or other matters we believe may be of interest to you. We may contact you by any means regarding customer service-related notifications, or other such information.
Devices
Allvoi does not manufacture any Device that we sell or that can be used with our Services and we are not responsible for any defects, acts, or omissions of the Device manufacturer. The only warranties on Devices may be the limited warranties that may be provided by the manufacturer (WITH RESPECT TO WHICH WE HAVE NO LIABILITY WHATSOEVER). Any Device used with our Service must be compatible with and not interfere with our Services, and must comply with all applicable laws, rules, and regulations. If you use your own Device with our Service, it must be compatible with and must not harm our network. If you use your own Device, certain network and Device features and functionality may not be available and/or may not function properly with your own Device. We reserve the right to prevent you from using any Device on our network. All Device performance may vary based on your Device specifications including processor capabilities, software, memory and storage, and Device performance may impact access to all of our Services. We may periodically program Devices on our network remotely with software, system settings, applications, features or programming, without notice, either prior to, during or after service activation. These changes will modify the Device you use and may affect or erase data you have stored on the Device, the way you have programmed the Device, or the way you use the Device. You may be unable to use a Device until the remote programming is complete, even in an emergency. Devices purchased from Allvoi are sold exclusively for use with our Service, are designed for use only on Allvoi's network, and no other, and may not function on other wireless networks. By purchasing a Device from Allvoi you agree to activate and use it with our Service. You also agree that you will not make, nor will you assist others to make, any modifications to any Device you purchase from Allvoi or programming to enable it to operate on any other system or network. You understand and acknowledge that Devices you purchase from Allvoi are sold solely for use with our network and that we will be significantly damaged if you use or assist others to use our Devices for any other purpose. You will be liable to Allvoi for any damages resulting from conduct prohibited in this section.
Return of Devices
If you purchase any device from Allvoi, you shall have 30 calendar days following such a purchase to return the device for a full refund of the purchase price minus any shipping and handling charges. After such a 30 calendar days period, you shall have no right to return such a device for any refund and Allvoi shall have no obligation to accept such a return or to issue any refund.
Device Unlocking
If you bought a Device from Allvoi, it may be programmed with a SIM lock which will prevent it from operating with other compatible wireless telephone carriers' services.
Information on Your Device
Your Device and SIM card may contain sensitive personal information (such as financial, healthcare, social security numbers, credit card numbers, pictures, videos) that you may wish to protect and not disclose to others. Allvoi is not responsible for any of the information on your Device. You must remove any sensitive personal information from your Device before you return, exchange, recycle, or otherwise give up control of your Device. Information may remain on your device even if you remove the SIM card. Information left on your Device will be accessible to others who use your Device.
Lost or Stolen Devices
You must contact us immediately to report a lost or stolen Device. You are responsible for all Charges incurred on your phone number until you report the theft or loss to us. After you report the theft or loss, you remain responsible for complying with your obligations under this Agreement including the payment of any monthly Service fees. You further agree to cooperate in the fraud or theft investigation and to provide us with information and documentation (including any proof of loss and police reports) as we may reasonably request.
Availability of Service and Coverage
Availability of Service and Coverage Services may be interrupted, delayed, or otherwise limited for a variety of reasons, including environmental conditions, unavailability of radio frequency channels, issues with a provider's network, system capacity and constraints, 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. We do not guarantee the availability of the wireless network or any Wireless Services. You must be in the Allvoi coverage area to place or receive calls. We do not guarantee network coverage or performance.
Rate Plans
Please find a description of Allvoi's current wireless service plans on the Website.
Some Allvoi's Wireless Service rate plans offer unlimited domestic voice and text or voice, text and data access, depending on your plan and Device type. Allvoi caps download speeds on all its rate plans at 4G LTE/4G.
Allvoi's Residential Unlimited Plan ("Residential Plan") provides each Allvoi customer with a substantial number of wireless minutes and text messages for "Personal" and "Residential" use during each billing period based in part on network availability. Personal means that a customer's Residential Plan must not be used regularly by person(s) other than either the customer or the person for whom the customer purchased the Residential Plan. Residential means that a customer's Residential Plan usage must not reflect use patterns or volumes of a business or organization. The Residential Plan's monthly number of minutes and text messages is substantially above the industry average standard for Personal and Residential wireless usage. Allvoi reserves the right to determine whether a customer's wireless usage is not Personal and/or Residential. Based on such determination(s), Allvoi may require a customer to pay additional fees as well as suspend and/or terminate the customer's Residential Plan. These are common restrictive measures that are established to prevent a network overload which may result in service disruption to all customers.
NETWORK MANAGEMENT FOR ALL PLANS THAT ALLVOI PROVIDES: A customer's service area, network availability, data speed, coverage and quality may vary based on a number of factors, including network capacity, terrain and weather. Outages and interruptions in Allvoi's service may occur, and speed of such service for any customer may vary. Customers' devices also have varying speed capabilities and may connect to different networks depending on technology. The following conditions will impact and/or reduce customers' data speeds and service availability: device capability, network changes, traffic volume and congestion, outages, data usage, technical limitations, signal strength, network capacity, obstructions, weather, and other conditions. To provide the best possible experience for the most possible customers on Allvoi's plans and minimize capacity issues and degradation in network performance, Allvoi may, without advance notice to its customers, take any actions necessary to manage Allvoi's network, including prioritizing the data usage of a percentage of data users below that of other customers at any time and location for the remainder of the customers' billing cycles or shorter time periods.
Voice Services
Voice Services are provided primarily for live dialog between two individuals. If Allvoi determines that you are using our Voice Services for other than live dialog between two individuals, we may terminate your Service.
Airtime Usage (Counting of Minutes)
If your Service includes measured voice usage, your airtime is charged in full-minute increments, and actual usage is rounded up to the next full-minute increment at the end of each call. We charge a full minute of airtime usage for every fraction of the last minute of airtime used. Airtime or the first minute of any call under an Allvoi Wireless plan begins for any outgoing call when you press SEND (or similar key) regardless of whether the recipient answers the call or not and/or whether the call connects, and for incoming calls when a signal connection from the caller is established with our facilities. Airtime ends after you press END (or similar key), but not until the disconnect signal is received and confirmed. All outgoing calls for which we receive answer supervision or which have at least 30 seconds of airtime, including ring time, will incur a minimum of one minute airtime charge. Answer supervision is generally received when a call is answered, but may also be generated by voicemail systems, private branch exchanges, and interexchange switching equipment. Airtime may include time for us to recognize that only one party has disconnected from the call, time to clear the channels in use, and ring time. Airtime may also occur from other uses of our facilities, including voicemail deposits and retrievals, and call transfers. Calls that begin in one rate period and end in another rate period may be charged during the period in which the call began.
Data Services - Permitted Uses
Allvoi provides wireless data and messaging Services, including, but not limited to, features that may be used with data services and wireless content and applications ("Data Services"). Our Data Services are intended to be accessed with your Device for the following permitted activities: (a) web browsing; (b) email; (c) internet access; (d) uploading and downloading ordinary applications and content to and from the Internet; and (e) using applications and content without excessively contributing to network congestion. You agree that Allvoi may engage in any reasonable network management practice and that you will use Allvoi's Data Services only for these permitted activities.
Data Services - Applications and Content
Our Data Services may allow you to access the Internet where you will have access to text, pictures, video, games, graphics, music, email, applications, sound, and other materials primarily from third party content providers unaffiliated with Allvoi ("Data Content") and where you will have the ability to send, receive and share Data Content. You may also purchase Data Content with your Device from us or from third parties. Allvoi is not a publisher of third party Data Content and is not responsible for any opinions, advice, statements, or other information, services or goods provided by third parties. Third party Data Content may among other things be offensive, indecent, violent, pornographic, inappropriate, false and misleading, inaccurate, unreliable, and unsuitable for children and minors - you are solely responsible for any third party Data Content accessed through our Data Services. The accuracy, appropriateness, content, completeness, timeliness, usefulness, security, safety, merchantability, fitness for a particular purpose, transmission or correct sequencing of any application, information or downloaded data is not guaranteed or warranted by Allvoi or any content providers or other third party. Neither Allvoi nor its content providers, service providers or other third parties shall be liable to you for any loss or injury arising out of or caused, in whole or in part, by your use of any information, application or content, or any information, application, or other content acquired through our Data Services. Third party Data Content may harm your Device and its software, and we are not responsible for any third party Data Content that you download, install, or use with our Data Services.
Data Usage
We measure data usage by the kilobyte, megabyte or gigabyte, where 1024 kilobytes equals 1 megabyte, and 1024 megabytes equals 1gigabyte. To determine your data usage, we calculate in full-kilobyte increments, and actual usage is rounded up to the next full kilobyte increment at the end of each data session. Data usage occurs whenever your Device is connected to our network and is engaged in any data transmission. This includes among other things, sending and receiving email, texts, documents and content; accessing websites; and downloading and using applications and content. Some applications, content, programs and software that you download or that come pre-loaded on your Device automatically and regularly send and receive data transmissions without any action by you and without your knowledge. For example, applications that provide real-time information and location-based information connect to our network and continuously send and receive updated information. In addition, any advertisements or advertiser-related messages or data delivered to your Device, even if delivered to an application, as well as any messages or content initiating a response to an advertisement, will count toward your data usage. Network overhead, software update requests, email notifications, and resend requests caused by network errors can increase data usage. You will be charged for all data usage when your Device is connected to our network, whether you initiate the connection or it runs automatically in the background and whether successful or not.
Unlimited Data Access
You agree that "unlimited" means you pay a single monthly flat rate that we reserve the right to adjust and that includes wireless data service regardless of how much data you use in a monthly Service period. You further agree that "unlimited" does not mean that you can use Allvoi's wireless data Service in any way that you choose or for any prohibited uses, and that if you use your unlimited data plan in any manner that is prohibited, Allvoi can limit, interrupt, suspend or cancel your Service. Any unlimited plan we offer is subject to these Terms, including the restrictions against prohibited uses and misuse and abuse of our Services and Devices, any reasonable network management practices by us.
Location-Based Services
Allvoi collects information about the approximate location of your Device in relation to providers' cell towers and the Global Positioning System. We use that information, as well as other usage and performance information also obtained from our network and your Device, to provide you with wireless voice and data services, including services which may be provided by third parties, and to maintain and improve our network and the quality of your wireless experience. We may also use location information to create aggregate data. It is your responsibility to notify users on your account that we may collect and use location information from Devices. Your Device is also capable of using optional content at your request or the request of a user on your account, offered by Allvoi or third parties that make use of your Device location information.
Software
The software, interfaces, documentation, data, and content provided for your Device may be updated, downloaded, or replaced by feature enhancements, software updates, system restore software or data generated or provided subsequently by Allvoi (hereinafter "Software") is licensed, not sold, to you by Allvoi and/or its licensors/suppliers for use only on your Device. You are not permitted to use the Software in any manner not authorized by this license. You may not (and you agree not to enable others to) copy, decompile, reverse engineer, disassemble, reproduce, attempt to derive the source code of, decrypt, modify, defeat protective mechanisms, combine with other software, or create derivative works of the Software or any portion thereof. You may not rent, lease, lend, sell, redistribute, transfer or sublicense the Software or any portion thereof. You agree the Software contains proprietary content and information owned by Allvoi and/or its licensors/suppliers. Allvoi and its licensors/suppliers reserve the right to change, suspend, terminate, remove, impose limits on the use or access to, or disable access to, the Software at any time without notice and will have no liability for doing so. You acknowledge Allvoi's Software licensors/suppliers are intended third party beneficiaries of this license, including the indemnification, limitation of liability, disclaimer of warranty provisions found in this Agreement.
Intellectual Property
You must respect the intellectual property rights of Allvoi, our third-party content providers, and any other owner of intellectual property whose protected property may appear on any website and/or dialogue box controlled by Allvoi or accessed through Allvoi's websites. Except for material in the public domain, all material displayed in association with our Services are copyrighted or trademarked. Except for personal, non-commercial use, trademarked and copyrighted material may not be copied, downloaded, redistributed, modified or otherwise exploited, in whole or in part, without the permission of the owner.
Prohibited Uses and the Misuse and Abuse of Services and Devices
When you purchase, activate or 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) purchasing a Device without intending to activate or use it on our network; (b) reselling or rebilling our Services, or reselling Devices purchased from Allvoi; (c) modifying your Device from its manufacturer's specifications; (d) activating a Device on a Service Plan or with a feature or product not designated for its use; (e) using our Services or any Devices for any fraudulent or unlawful purpose; (f) using voice services as monitoring services, for data transmissions, transmission of broadcasts, transmission of recorded material, or other connections which do not consist of uninterrupted live dialog between two individuals; or (g) using any Service in a manner that is burdensome or unusually excessive when compared to other customers in your area on similar plans.
Allvoi's Data Services are not intended to be used in any manner which has any of the following effects and such use is prohibited if in Allvoi's sole discretion 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 or other customers; (h) tethers a Device to any other device (such as a computer, smartphone, other phones, eBook or eReader, media player, laptop, notebook, tablet, mobile hotspots, gaming consoles or other devices with similar functions) in any manner, including, without limitation, through use of connection kits, applications, devices or accessories (using wired or wireless technology), or inserting a Allvoi SIM card into a modem, router or laptop, unless you have subscribed to a Service plan with a limited high speed data allowance and a feature offered specifically for tethering; (i) requires a specific Service Plan or feature for that particular use and you have not subscribed to that required Service plan or feature, or (j) is excessive or unreasonable.
Your Device uses a Allvoi SIM Card to access our Data Services. You are prohibited from using Allvoi this SIM Card with any device other than a basic phone, smartphone, or tablet Device to access our Data Services.
Allvoi's 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 Allvoi's 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 email). Allvoi'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. 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 data services 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. Allvoi's Data Services may not be used with high bandwidth applications, services and content not optimized to work with Allvoi's 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.
In addition to any other actions Allvoi may take for violations of these Terms, if in our sole discretion we reasonably believe that you are using Allvoi's Data Services in any manner that is prohibited by this Agreement, which Allvoi may determine by reviewing your account's data usage, the Devices or devices used on your account, or in any other manner we determine appropriate, then we may without advance notice, and at our option, take any or all of the following actions: (a) reduce your Data throughput speeds; (b) restrict, interrupt or terminate any data session; (c) suspend, cancel or terminate your Data Services; (d) terminate your account; (e) move you to a more appropriate Service Plan with increased data or high speed data access allowances; and/or (f) decline to renew your wireless service.
You agree not to engage in conduct toward our employees, customers, or others that involves the use of abusive, derogatory, insulting, threatening, vulgar, offensive or similarly unreasonable language or behavior; engage in conduct that is harmful to, interferes with, damages, or adversely affects our network and infrastructure, property, Services, Devices, operations, customers, reputation, intellectual property rights, or that results in the publication of threatening, offensive or illegal material, or generates spam or other abusive messaging or calling, a security risk, or a violation of privacy; or violate, in any way the Agreement or Supplemental Materials.
Network and Service Protective Measures
We may, at our sole discretion, take any action to protect and maintain the integrity of our network, our rights and property, our Services, or the rights and interests of others, including, but not limited to (a) modifying, without advance notice, the permitted and prohibited data activities, and the optimization requirements for your 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 usage threshold; (d) using reasonable methods to monitor and collect customer usage information to better optimize the operation of the network; (e) changing the Service Plan you selected to a Service Plan identified by Allvoi as appropriate for the Device being used; (f) interrupting, suspending, canceling or terminating your Wireless Services or plan without advance notice; and (g) blocking access to certain categories of numbers (e.g., 976, 900, and international destinations) at our sole discretion.
Incorporation of the Website
Any and all terms, words, or other writings on our Website other than these provisions/terms (i.e., Terms) or on a document or agreement, including any plan and/or service description thereon, that you sign when subscribing (i.e., signing up) with us ("Website Addition") shall be incorporated into these binding Terms to the extent that such a Website Addition does not contradict the same. To the extent that a Website Addition does contradict these Terms, then they shall not be incorporated and these Terms shall supersede and be binding upon you.
Disclaimer of Warranties
ALLVOI MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING (TO THE EXTENT ALLOWED BY LAW), WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, ACCURACY, SECURITY, OR PERFORMANCE REGARDING OUR WIRELESS SERVICES, DEVICES, APPLICATIONS, SOFTWARE, OR OTHER SERVICES SUBJECT TO THE AGREEMENT. WE DO NOT PROMISE OR GUARANTEE UNINTERRUPTED OR ERROR FREE SERVICE OR COVERAGE. AND WE CANNOT ASSURE YOU THAT IF YOU PLACE A 911 CALL YOU WILL BE CONNECTED OR FOUND.
Agreement and Certain Release due to No Fault
By virtue of signing up to any Allvoi service, whether via phone, the Website, or otherwise, and/or paying for and/or using the same, you agree that you have read and understand the entire Terms that shall be binding between us and/or any user of your Allvoi service. Further, you release ("release") Allvoi from and waive all liabilities, damages, legal fees, other costs and/or responsibility ("damages), whether in law or in equity of any applicable jurisdiction, that may result or be associated with your misunderstanding or ignorance of the Terms. If you choose to provide Allvoi any personal or identifying information, you to the same extent release Allvoi and waive the same damages in the event that such information falls into the public domain or is otherwise misused through no fault of Allvoi, including a "hack(ing)" or similar digital/online event by a third or unrelated party.
Limitations on Service and Liability
You agree that, unless prohibited by law, the following limitations of service and liability apply and that neither we nor our parent companies, subsidiaries, affiliates, vendors, suppliers, or licensors are responsible for any damages resulting from: (a) any act or omission of a third party; (b) mistakes, omissions, interruptions, errors, failures to transmit, delays, or failures or defects in the Services or Software or Devices provided by or through us; (c) damage or injury caused by the use of Services, Software, or Device, including while used in a vehicle; (d) claims against you by third parties; (e) damage or injury caused by a suspension or termination of Services or Software; (f) damage or injury caused by an interruption or failure in accessing or attempting to access emergency services from a Device, including through 911, Enhanced 911or any other emergency service; (g) any health-related claims relating to our Services or Devices; (h) data content or information accessed while using our Services; (i) loss or disclosure of any sensitive information you transmit; (j) interrupted, failed, or inaccurate location information services; (k) information or communication that is blocked by a spam filter; (l) damage to your Device or any computer or equipment connected to your Device, or damage to or loss of any information stored on your Device, computer, equipment, or Allvoi storage space, including damage or loss from your use of the Services or from viruses, worms, or downloads of malicious content, software, materials, data, text, images, video, or audio; or (m) things we cannot control, including acts of God (such as hurricanes, tornados, fire, earthquake, etc.) riot, strike, war, terrorism, or government action.
Limitation of Liability - No Consequential Damages
UNLESS PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES IS ALLVOI LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, MULTIPLE, SPECIAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE WHATSOEVER YOU OR ANY THIRD PARTY MAY SUFFER BY USE OF, OR INABILITY TO USE, SERVICES, SOFTWARE, OR DEVICES PROVIDED BY OR THROUGH ALLVOI WIRELESS, INCLUDING LOSS OF BUSINESS OR GOODWILL, REVENUE OR PROFITS, OR CLAIMS OF PERSONAL INJURIES. THIS LIMITATION AND WAIVER ALSO APPLIES IF YOU BRING A CLAIM AGAINST ONE OF OUR SUPPLIERS OR PROVIDERS IF WE WOULD BE REQUIRED TO INDEMNIFY THE SUPPLIER OR PROVIDER FOR THE CLAIM.
Indemnification
You agree to indemnify, defend and hold Allvoi (including its officers, directors and employees) and our parent companies, affiliates, providers, vendors, suppliers and licensors harmless from and against any and all claims for damages of any nature arising in any way from or relating to, directly or indirectly, the Services, Devices, 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 ALLVOI'S ALLEGED NEGLIGENCE, or any violation by you of the Agreement.
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 calling our customer service department at our customer service phone number that you may access at our website https://allvoi.com/wireless/. In the unlikely event that Allvoi's customer service department is unable to resolve a complaint you may have to your satisfaction (or if Allvoi 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 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. Allvoi is not liable or responsible for any legal fees or other expenses that you incur in the arbitration proceeding or any action.
Arbitration Agreement:
Terms That Apply to Specific Jurisdictions
California: Unauthorized Charges
You are not liable for charges you did not authorize, but the fact that a call was placed from your Device is evidence that the call was authorized. Unauthorized charges may include calls made to or from your Device after it was lost or stolen. Once you report to us that the Device is lost or stolen and your Device is suspended, you will not be responsible for subsequent charges incurred by that Device. You can report your Device as lost or stolen and suspend Services without a charge by contacting us at our customer service phone number that you may access at our website https://allvoi.com/wireless/, the Website, and/or or by calling 611 from your wireless Device. If you notify us of any charges on your bill you claim are unauthorized, we will investigate and advise you of the result of our investigation within 30 days. If you do not agree with the outcome, you may file a complaint with the California Public Utilities Commission, and you may have other legal rights.
Connecticut: Questions About Your Service
If you have any questions or concerns about your AllvoiAllvoi Wireless Service, please call Customer Care at our customer service phone number that you may access at our website https://allvoi.com/wireless/ or dial 611 from your wireless phone. If you are a Connecticut customer and we cannot resolve your issue, you have the option of contacting the Department of Public Utility Control (DPUC). Online: www.state.ct.us/dpuc; Phone: 1-866-381-2355; Mail: Connecticut DPUC, 10 Franklin Square, New Britain, CT 06051.
Puerto Rico
If you are a Puerto Rico customer and we cannot resolve your issue, you may notify the Telecommunications Regulatory Board of Puerto Rico of your grievance. Mail: 500 Ave Roberto H. Todd, (Parada 18), San Juan, Puerto Rico 00907-3941; Phone: 1-787-756-0804 or 1-866-578-5500; Online: www.jrtpr.gobierno.pr, in addition to having available arbitration, as provided above.
Other Important Terms and Provisions
ASSIGNMENT: Allvoi may assign the Agreement; but, you may not assign the Agreement without our prior written consent.
SEVERABILITY: If any provision of the Agreement is found to be unenforceable by a court, arbitrator(s), 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.
CHOICE OF LAW: The law of New York State shall govern the Agreement except that conflict of law principles shall not apply.
ENGLISH LANGUAGE: The original version of the 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.
ENTIRE AGREEMENT: The Agreement constitutes the entire agreement between you and Allvoi, and supersedes any and all prior agreements and understandings relating to the subject matter of this Agreement. SURVIVAL: Those provisions of these Terms that would, by their very nature, continue beyond the termination of Services (including dispute resolution by binding arbitration, warranty disclaimers, limitations on liability), shall survive termination of Services.
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