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Unlimited Calling on the Cellular One Montana Network!

TERMS AND CONDITIONS OF SERVICE

These Terms and Conditions and the preceding pages are an agreement ("Agreement") for wireless radio telecommunications services and related services and/or features ("Service") between you and Cellular One for Service associated with your assigned telephone, data and/or messaging number(s) ("Number") for the Term of this Agreement, without regard to where you reside or work. The terms and conditions of your Service are governed by this Agreement and the rates and terms of the calling, data or mobile Internet plans, features and/or promotions you select as described in Calling Plan, feature and promotional brochures and materials (your "Calling Plan") and at www.cellonenation.com, all of which you acknowledge were provided when you activated Service and are a part of this Agreement. The term "Phone" means the SIM (Subscriber Identity Module) Card and/or wireless receiving and transmitting equipment that we have authorized to be programmed with the Number, and any accessories. If you 1) use the Service or the Phone or 2) accept any benefit in exchange for committing to new terms and conditions, or 3) pay any amount on your account, you consent to the terms and conditions in this Agreement. If you do not agree with these terms and conditions, do not use the Service or Phone and notify us immediately to cancel service.
1. SERVICE. a. TERM;. The term of this Agreement (“Term”) for each Number shall be month to month, meaning that it lasts a month and then is automatically renewed for another month, until terminated ("Calling Plan"). The Term for each Number begins on the date we activate Service for that Number and ends on the expiration date. . If you or we terminate this Agreement following a default or a breach of this Agreement by you, you may not be eligible for Cellular One services or new customer promotions in the future. If at the time the Service is initiated we are unable to port a telephone number into our Service from another carrier, you may request that we assign you a different telephone number, or you may choose to terminate this Agreement, but agree to pay for any service or equipment used prior to the termination.
b. RATES. Your Service rates and other charges and conditions for each Number or Phone are described in your Calling Plan. All Calling Plans are not available in all areas. Cellular One Calling Plan rates do not include taxes and fees unless specifically noted. If you lose eligibility for a Calling Plan, we may terminate your Service or, at our option, offer you a different Calling Plan for which you are eligible. If you misrepresent your eligibility for any Calling Plan, you agree to pay us the additional amount you would have been charged under the most favorable Calling Plan for which you are eligible. We may also charge you for other reasonable taxes, charges, and cost recovery, including fees to port a telephone number into our Service from another carrier, or to port a telephone number out of our Service to another carrier.
c. AVAILABILITY / INTERRUPTION. Service is normally available when your Phone is within the operating range of our system and may be available outside of that area in other participating carrier service areas (Roaming). Service is subject to transmission limitations and interruptions, which may be caused by weather, terrain, obstructions such as trees or buildings, Roaming, and other conditions. Service may be limited where coverage is unavailable or temporarily limited for reasons beyond our control, system capacity limitations, repairs or modifications, priority access by government personnel in emergencies, or in response to suspected fraud, misuse, or viruses. Interruption may result from nonpayment of charges by you. We may block calls to categories of numbers (such as 976, 900 and certain International destinations) if, in our sole discretion, we experience excessive billing, collection, fraud or network misuse with calls to those numbers. Coverage gaps exist within the service areas shown on our coverage maps, which by their nature are approximations of actual coverage. We do not guarantee uninterrupted Service or coverage. We cannot assure you that if you place a 911 call you will be located or make any other assurances about 911 availability or functions. When calling 911, always tell the operator your location, phone number, and nature of the emergency.
d. USE OF SERVICE/PHONE/NUMBER. You agree not to use the Phone or Service for any unlawful or abusive purpose or in any way that damages our property or interferes with or disrupts our system, our employees, our operations, or other users. You will comply with all laws while using the Service and will not transmit anything that violates any laws, court order, or regulation, or would likely be offensive to the recipient. You are responsible for all content transmitted through your Phone. Resale of Service is prohibited without prior written resale contract with us and any required regulatory approvals. You are responsible for ensuring your Phone is compatible with the Service and meets federal standards. We may refuse to permit equipment acquired from others to be used with our Service, to any extent permitted by law. You may not install any amplifiers, enhancers, repeaters or other devices that may modify, disrupt or harmfully interfere with our authorized radio frequencies. You have no ownership rights in any Number, IP address or e-mail address we provide, and you agree we may Change these at any time with or without prior notice to you. By using Service, you agree to abide by the terms and conditions of any applicable software licenses.
e. NUMBER PORTABILITY. If you ask us to port a telephone number from another carrier to use as the Number for the Service, you specifically authorize us to communicate and exchange Information with that carrier to validate and complete the port and to port your telephone number. We will make every effort to honor your request. Our ability to do so may be restricted by factors such as the policies or actions of the other carrier, the telephone number rate center, or other technical, regulatory, or contractual limits. If you terminate Service pursuant to this Agreement, we will make every effort to honor your request to port the Number out. We may refuse if the other carrier cannot provide adequate validation Information for your account. We may be unable to complete a port if the port request is received after the account is terminated. You acknowledge that E-911 service will be impaired during processing of a port.
f. UNAUTHORIZED USAGE. You may not program the Number into any equipment other than the Phone or change the Phone International Mobile Equipment Identity (IMEI) or Equipment Identifier (EID). If your Phone is stolen or 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 such charges to your account. After you notify us, you will remain responsible for all other obligations under this Agreement, including payment of past due amounts. We have the right to interrupt or restrict Service without notice to you, and/or deem you to be in Default, if we suspect fraudulent, illegal or abusive activity. You agree to cooperate with us in any fraud investigation and to use any fraud prevention measures we prescribe. Failure to reasonably cooperate will result in your liability for all fraudulent usage.
2. CHARGES/PAYMENTS/DEFAULT. a. CHARGES. You are responsible for paying in advance for Service. You are responsible for paying a service activation fee unless your initial purchase price already includes or waives this fee. You understand and agree that we may without liability to us discontinue or suspend Service after the payments in your account have been utilized or are no longer sufficient to support additional usage, until you replenish your account by making an additional payment sufficient to cover additional usage. You agree to pay, and agree that funds in your account may be applied by us to pay, all charges to your account including, but not limited to, outgoing and incoming airtime, access, features, data usage, messages, roaming, long distance, fees, charges, third party charges, directory and operator assistance charges, the price of Phones and accessories, shipping/handling fees, and any taxes, surcharges, fees, assessments, or recoveries reasonably determined by us to be imposed on you or us as a result of use of the Service or purchase of goods. If you activate Service on behalf of an entity but were not so authorized, you will be personally responsible for all charges to the account and bound by this Agreement as if you had activated Service on your own behalf. Roaming charges may apply to calls placed from outside your home/local calling area, ordinarily meaning our owned network in your state, or as defined in your Calling Plan. Roaming and long distance charges apply outside the 50 contiguous United States. Contact customer care for applicable roaming charges. We reserve the right to deliver some or all of your long distance calls to a long distance provider of our choice. For all incoming and outgoing Service, the length of the call will be measured during the time that you are connected to our system, which is approximately from the time you press "Send" or other key to initiate or answer a call until approximately the time you press "End' or other key to terminate the call. PLEASE NOTE: Airtime usage is billed in full minute increments, with partial minutes of use rounded up to the next full minute. Your phone can process more than one call at a time. Certain calls or features involve multiple calls and you will be charged separately for each minute of use. These include forwarded calls (into your phone and out to a forwarded number), call waiting, conference calling and unanswered incoming calls to voicemail. You will not be charged for busy or unconnected calls made from or received in your local area (as defined in your Calling Plan) if you press "End" or "No" in a reasonable time. Some Calling Plans may require a certain percentage of usage on our Cellular One home/local network. Please refer to your Calling Plan brochure or www.cellonenation.com, or ask customer care or sales center for details. In the event you choose to add data to your account, data usage will be billed in kilobytes or by event, depending on your Calling Plan. Partial kilobytes are rounded up to the next kilobyte. You are responsible for all data usage and data roaming charges associated with your Phone, regardless of whether receipt or transmission is successful.
b. PAYMENT. Airtime, messaging and data if charged to your account in a subsequent month due to delayed reporting between carriers, will be charged as if used in the month when it is charged to your account. If you authorized payment by credit card or ACH (Automatic Clearing House), no additional notice or consent will be required to bill that card or account. Funds deposited into your account will not be refunded.
c. LATE PAYMENTS/DISPUTES. Time is of the essence for payment. Therefore, we will assess an additional fee of up to the maximum amount allowed by law, for any check returned for nonpayment. All communications concerning disputed amounts owed, including any instrument tendered as full satisfaction, must be (i) in writing, (ii) marked "Billing Dispute" on the outside of the envelope, (iii) sent to our address on the front of the Agreement, and (iv) received by us within 30 days after the amount was charged to your account. If any of these requirements is not met you will waive any objection. YOU MUST NOTIFY US WITHIN 100 DAYS OF THE DATE OF ANY EVENT GIVING RISE TO A DISPUTE, INCLUDING DISPUTES ABOUT ANY CHARGE(S) OR SERVICE(S) WE PROVIDED, BY SENDING A WRITTEN DESCRIPTION TO ATTN: DISPUTES, 170 S WARNER ROAD, SUITE 104, WAYNE PA 19087, OR YOU WILL HAVE WAIVED YOUR RIGHT TO DISPUTE THE CHARGE(S) OR SERVICE(S) AND TO BRING, OR PARTICIPATE IN, ANY LEGAL ACTION RAISING ANY SUCH DISPUTE.
d. DEFAULT/TERMINATION. You or we may terminate this Agreement at any time upon advance notice. Funds deposited into your account will not be refunded. If you terminate Service because you do not wish to accept this Agreement, any applicable restocking fees will be waived or refunded if you send to our Customer Service address a letter postmarked within 15 days of service activation to inform us of this reason for termination (include your name, address and wireless number). If you still owe amounts to us or an affiliate of ours from a prior account, breach any representation to us, fail to make all payments on your accounts with us when due or if we believe you have failed to perform promises or comply with the terms in this Agreement, or if you are subject to any proceeding under the Bankruptcy Act or similar laws, you will be in default. You will be in default if you behave in an abusive, derogatory, threatening, disruptive or other unreasonable manner with any of our officers, employees, or authorized dealers. If you are in default we may, without notice to you, suspend Service and/or terminate this Agreement in addition to all other remedies available to us, including but not limited to collection remedies. You remain responsible for paying your monthly Service fees if your Service is suspended for Default. We may require reactivation charges to renew Service after termination or suspension. Upon termination and/or porting the Number to another carrier, you remain responsible for payment of all amounts and charges owing under this Agreement, including any Cancellation Fee and any restocking fees associated with your Phone and accessories. You agree to pay all costs, fees and expenses, including reasonable attorneys’ fees, collection fees, and court costs, we incur in enforcing this Agreement. Third Party promotions and/or discounts may terminate upon termination of this Agreement. Cellular One may terminate this Agreement without advance notice if it no longer provides service in your area. All restrictions on Phone usage and any other terms of this Agreement that by their context also appear intended to apply after termination of the Agreement will survive termination.
f. ACCOUNT INFORMATION. Any authorized Agent or Person so designated on the front of this agreement (as changed by you from time to time in writing), or any person authorized by you in writing, may receive information about and make changes to your account. If a business or government entity pays or is liable for your Service charges, you authorize us to share your account information with that entity and its authorized agents. Any person providing your name, password and Number may receive information about and make changes to your account, including adding new Service.
g. CPNI CONSENT. Under federal law, you have a right, and we have a duty, to protect the confidentiality of your Customer Proprietary Network Information (CPNI). CPNI is information about your telephone use, services you buy from us, who you call, and the location of your device when you make a voice call. We will not without your consent sell or disclose CPNI to third parties not affiliated or authorized by us to sell products and services or perform functions on our behalf. By signing this Agreement, you consent to the provisions of this paragraph; this consent, or any denial by you of it, survives termination of your Service and is valid until you remove it. You consent to us using and sharing your CPNI with our affiliates and contractors to develop or bring to your attention any products or services. To revoke your consent to optional uses of your CPNI, notify us at any time in writing to our address on this Agreement, providing your name, home address, home phone number including area code, wireless phone number including area code, service billing address, and service account number. Revoking consent will not affect your current Service or otherwise alter terms of this Agreement. We may use and share your CPNI with our affiliates, contractors, and other carriers, to provide and bill for the Service, offer telecommunications services of the type you already purchase from us, investigate and protect against fraud and unlawful use of our network and services, validate and/or accomplish any request for number portability, and for legal and regulatory reasons such as court order or subpoena.
3. DATA SERVICES. a. Additional Terms and Conditions. These Section 3 terms and conditions are in addition to the other terms and conditions of this Agreement, and govern Cellular One data products, and features (the "Data Services"), and are subject to change without notice.
b. Data Use. We may take any action we deem necessary to protect our network and other customers’ usage, and reserve the right to limit or discontinue your use of Data Services without notice for any reason. Certain Calling Plans limit available content and Internet traffic. The Data Services are available only on our network and networks of our data roaming partners. An MMS (Media Messaging Service) capable phone is required for picture messaging. When using Data Services while roaming, per kilobyte charges will apply. You will be charged for all data sent by or to you through the network, whether or not received. Any fraction of a kilobyte used will be rounded up to the next kilobyte for billing and for measuring usage. Cellular One is not responsible for any content of messages or attachments, regardless of format. We may screen and delete information before delivery. Messages may be blocked through our filters designed to prevent spam and protect our Network.
c. PERMITTED DATA USES OF HANDSET SERVICE. Ordinary voice plans (“Handset Service Plans”) may be used for web browsing and downloading directly using your Phone. These plans may not be used to connect a handset to a computer for Internet access, nor to tether the device (via, without limitation, connection kits, other phone/PDA-to-computer accessories, Bluetooth® or other wireless technology) to computers or other equipment.
d. PERMITTED USES OF DATA SERVICe. Data Service Plans may be used to connect a computer to the Internet through an authorized data cable or mobile PC card. Data Services may not be used: (a) as a substitute or backup for private lines or dedicated data connections, unless you have added a plan specifically designed and advertised by us as existing for that purpose; (b) for any activity that adversely affects the ability of other people or systems to use either the Services or Internet based resources including, but not limited to, excessive consumption of network or system resources (even if unintentional); (c) in a way that interferes with or disrupts other network users, services or equipment; or (d) for resale or enabling others to use for a fee, or for use in a business whose primary operations include data transfer for others.
e. Content Providers. Cellular One may provide links to and billings services for certain content providers for your convenience. We are not responsible for their information or products nor any other aspect of your dealings with content providers. We are not responsible for any loss or injury arising out of or caused, in whole or in part, by any information acquired through content providers or any general information found on the Internet through use of the Service. The accuracy, appropriateness, completeness, timeliness, usefulness, security, safety, merchantability, fitness for a particular purpose, transmission or correct sequencing of any information, product or downloaded data is not guaranteed or warranted by Cellular One; and we are not responsible for any of these matters. We are not responsible for the safety or security of any information you provide to content providers or others while using the Service, nor for results or events relating to such provision.
f. In the event we terminate following your default, you will be in default, and you agree our damages will be difficult or impossible to determine. In such event, you agree to pay an Early Termination Fee of $100 for BlackBerry, Smartphone, and Data Service services or features. This fee is in addition to any Cancellation Fee for your voice plan.
4. CHANGES. WE MAY AMEND THE TERMS OF THIS AGREEMENT, INCLUDING THE RATES, UPON ADVANCE NOTICE TO YOU. We may send notices by mail to your address in our records, play a recorded message to your Phone, send an SMS to your Phone, or use other means at our discretion. We may change the charges for governmental fees, mandates, roamer rates or administrative charges without notice. If you do not agree to a change for which you receive notice, you may cancel at any time. If you use the Service after our notice, you agree to that change. We reserve the right to terminate or change your Calling Plan if less than 50% of usage is on the home/local network in any billing cycle. The terms of our plan collateral and acceptable use policies are incorporated by reference, and subject to change without notice.
5. LIMITATIONS. The limitations in this section will only apply to the extent permitted by law of the applicable jurisdictions.
a. LIMITATION OF LIABILITY. We and our primary equipment vendor are not liable for acts or omissions of another service provider or another customer, for information provided through your Phone, equipment failure or modification, or causes beyond our reasonable control, for Service outages, nor for Service limitations or interruptions, as described in paragraph 1 c above, nor for any loss of information or interruption of the service. Our liability and that of our primary equipment vendor for any failure or mistake shall in no event exceed our Service charges during the affected period. We and any underlying carrier are not liable for any incidental, punitive or consequential damages such as lost profits or lost revenues. We and any underlying carrier are not liable for (i) economic loss or injuries to persons or property arising from use of the Service, the Phone or any equipment used in connection with the Phone unless caused by our sole gross negligence, or (ii) installation or repair of the Phone by any persons who are not our employees. We are not liable for any acts associated with proper exercise of rights under the privacy and/or unauthorized usage provisions of this Agreement. We are not liable for any privacy, red flag rule or CPNI violations by any third party, including, without limitation, any entity or person asserting that it is our agent and including, without limitation, any entity that provides services to us. This paragraph shall survive termination of this Agreement.
b. INDEMNIFICATION. You agree to defend, indemnify and hold us, our affiliates and agents, primary equipment vendor and any other service provider harmless from any claims, losses or damages relating to this Agreement or your promises or statements and/or from use of the Phone or Service unless due to our sole or gross negligence. You agree to pay our reasonable attorneys and expert witness fees and costs incurred in enforcing this Agreement through appeal except as provided below. You are responsible for legal compliance for use of your Phone while operating a motor vehicle. You shall indemnify us from claims arising from any such unlawful use. This paragraph survives termination of this Agreement.
c. NO WARRANTIES. We make no express warranty for the Service or the Phone and disclaim any implied warranties, including merchantability or particular purpose. We do not authorize anyone to warrant on our behalf and you should not rely on any such statement. We did not manufacture the Phone, and any statement regarding it should not be interpreted as a warranty. This paragraph shall survive termination.
6. RETURNS. Returns must be made within the return period and pursuant to the procedures specified in the Cellular One returns policy, available at our sales centers. Returns must be accompanied by all original packaging, and you are responsible for clearing phone memory, including but not limited to contacts, browser cookies, cache and history, images, photos, videos, and files.
7. MISCELLANEOUS. a. PRIVACY. We are not liable for any lack of privacy of the Service. We may release information about you when requested by you or your Dealer; in good faith reliance on legal process; to enforce or apply our customer agreements; to protect our rights or property, or those of third parties; where we reasonably believe an emergency threatens immediate danger of death or serious physical injury and justifies disclosure without delay. You consent to our monitoring and recording of calls to us concerning your account or the Service. Your caller ID information (e.g. name and Number) may be displayed on the equipment or bill of the call recipient; technical limitations may prevent you from blocking caller ID. If you return a wireless device to us or our agents, you assume all responsibility for first clearing its memory; we disclaim any and all liability relating to any contents placed on the device while not in our possession.
b. ASSIGNMENT. We may assign or transfer all or part of this Agreement without that being considered a change to the Agreement and without notice to you; we are then released from all liability. You may not assign or transfer without our prior written consent.
c. NOTICES. Written notices to you will be effective and deemed received 3 days after mailed to your address in our files or on the business day of electronic delivery such as e-mail or SMS. You are responsible for notifying us of address changes. Written notices from you will be effective when received by us at Cellular One Customer Service, 5111 N. 10th St. PMB 267, McAllen, TX 78501. Oral notices are deemed effective on the date reflected in our records.
d. ENTIRE AGREEMENT. The Customer Service Agreement, including these Terms and Conditions, and any other documents made a part hereof, are the entire Agreement between you and us, which may only be amended as described herein. This Agreement supersedes any inconsistent or additional promises by any of our representatives, agents or dealers. If any part of this Agreement is found invalid, the balance remains enforceable.
e. GOVERNING LAWS. This Agreement is subject to applicable federal laws, and the laws of the state associated with the Number. If there is any inconsistency between this Agreement and those laws, this Agreement shall be deemed amended as necessary to conform to such regulations.
g. CAPACITY. You represent that you are legally competent to enter into this Agreement, over 18 years old and not aware of any disability that would prevent you from entering into this Agreement.

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