ACCEPTANCE OF TERMS
EDITING, DELETING AND MODIFICATION
We may edit, delete or modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a notice or a new agreement on our site. YOUR CONTINUED VISIT IN OUR WEBSITE FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
Guam Prepaid (powered by iConnect Advanced and henceforth herein referred to, interchangeably, as either Guam Prepaid, iConnect or iConnect Advanced with products and services to include, but not limited to, and referred to as Prepaid SIM and Rental MiFi) is not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information which is definitely not current and is provided for reference only. We reserve the right to modify the contents of this site at any time without obligation on our end to update any information on the site. You understand and agree that it is your responsibility to monitor changes to the site.
LICENSE AND SITE ACCESS
Guam Prepaid grants you limited permission to access and make personal use of this site and not to download or modify it, or any portion of it, except with express written consent from our company. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent from our company.
The right to access our website does not include any resale or commercial use of our site or its contents nor allows you to download or copy any account information for the benefit of another merchant.
Any unauthorized use terminates the permission or license granted by Guam Prepaid.
PRODUCT PRICING & DESCRIPTIONS
The list price displayed for products on our website represents the full retail price listed on the product itself. The list price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the list price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. In cases of mispricing in our catalogs in which the item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
We do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered in our website is not as described, your sole remedy is to return it in unused condition within the allowed period and according to Guam Prepaid return policies which may be subject to re-stocking and other fees.
LINKS & FRAMINGS
You shall not use our company logo or other proprietary graphic to link to this site without the express written permission of Guam Prepaid. Further, you may not frame any trademark, logo or other proprietary information, including the images content, without our express written consent.
We make no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the site, or websites linking to the site. Such sites are not under the control of Guam Prepaid and we shall not be responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. You hereby acknowledge and agree that we are not responsible for the availability of such external websites or resources, its content, including, without limitation, any link contained in such content, or any changes or updates to such content. If you decide to access links to third-party websites, you do so at your own risk. Any concerns regarding any external link should be directed to the relevant site administrator or web master.
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. GUAM PREPAID EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GUAM PREPAID OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. GUAM PREPAID DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
CORPORATE INTELLECTUAL PROPERTY RIGHTSYou hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, belong to their rightful legal owners and that you will not acquire any right, title, or interest in or to the site except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the program or proprietary information related thereto.
CONFIDENTIALITYYou agree not to disclose information you obtain from us and or from our other customers, advertisers, suppliers and forum members, where applicable. All information submitted to by an end-user customer pursuant to a program is proprietary information of Guam Prepaid. Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
We collect personal information when you use our services or otherwise interact with us, including information you provide, such as contact information, billing & credit information, and information that is automatically collected, such as details about use of our services and our website; and information from other sources, such as credit reports and mailing lists.
We use personal information for various business purposes, such as to complete transactions and bill for products and services; respond to requests for service or assistance; create and improve products and services; suggest additional or different products or service; and protect our rights and property.
We do not sell, rent, or provide personal information to unaffiliated third-parties to market their products and services to you. We may disclose personal information to unaffiliated third-parties who complete transactions or perform services on our behalf and under certain other limited circumstances, subject to restrictions on the third-parties’ use of such information.
We use a variety of physical, electronic, and procedural safeguards to protect personal information and we use reasonable procedures to erase or render it unreadable when we dispose of it.
NON-ASSIGNMENT OF RIGHTS
Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice.
Failure of Guam Prepaid to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.
No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.
SEVERABILITY OF TERMS
In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.
ENTIRE AGREEMENT AND GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the substantive laws of Guam USA, without any reference to conflict-of-laws principles. The Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the site, the contents and materials provided by or through the site, and the subject matter of this Agreement.
Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of Guam USA, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence.
ONLINE PAYMENT TERMS AND CONDITIONS (If available and applicable)
By using Guam Prepaid Online payment features, if available, user understands and hereby agrees to the following terms and conditions.
ONLINE PAYMENT SERVICES
Online Payment allows Guam Prepaid customers to access information and initiate payment transactions.
By directing Guam Payment to initiate a payment, you authorize Guam Prepaid or its agent, to withdraw or charge, as applicable and method available, from the designated account or credit card the amount of funds required to complete the assigned transaction. As such, all correspondence initiated shall command the legal authority of a written request.· The user is responsible for making online payments to accommodate posting times; the user is still responsible for finance or other related and applicable charges and fees should the online payment post after the account due date. · Payments made online, if processed successfully, will be posted and credited to your account at least 2 business days after reflecting on the Guam Prepaid system. Guam Prepaid will make commercially reasonable efforts to fulfill only those account requests actually received online. Guam Prepaid will not be held accountable for any loss resulting from the delay or failure to transmit a transaction online arising from user error, malfunction of equipment, natural impediments, and/or inaccurate or incomplete information.
As a user of online payment, you understand and agree that, to the extent authorized by the laws of the Territory of Guam, you will indemnify and hold Guam Prepaid and iConnect, its officers, agents, and employees harmless against any and all claims, demands, damages, liabilities and costs which directly or indirectly result from, or arise in connection with, any negligent act or omission of its agents, or employees, pertaining to its activities and obligations under this Agreement.
Terms and Conditions are subject to change without notice.
Guam Prepaid is powered by iConnect Advanced.
Upon purchase and/or use of the Prepaid SIM, the subscriber agrees to the following:
Terms and Conditions for Rental MiFi and LTE Data Services
Guam Prepaid (powered by iConnect Advanced) is henceforth herein referred to, interchangeably, as either Guam Prepaid, iConnect or iConnect Advanced. "You" or "your" refers to the person or entity that is the customer of record.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION.
Customer Service Agreement, Terms and Conditions, iConnect Acceptable Use Policy, Financial Responsibilities, and other terms of service for wireless products (including, but not limited to, data service devices, equipment and products), features, applications, and Long Term Evolution (LTE) True 4G wireless broadband data services ("Services") not otherwise described herein that are posted on applicable iConnect websites, ads or devices, and any documents expressly referred to herein or therein, make up the complete agreement between you and iConnect and supersede any and all prior agreements and understandings relating to the subject matter of this Agreement.
1.0 TERM COMMITMENT, CHARGES AND PAYMENT
1.1 What Is The Term Of My Service? How Can I Fulfill My Service Commitment?
iConnect LTE Service(s) is available on the device (“Equipment”) provided by iConnect that contains an iConnect SIM that is assigned to you.
Term of Service. Your Agreement begins on the day we activate your Service(s) and continues through the Term of Service ("Service Commitment"), specified on your Order Form or equivalent. At the end of your service commitment, this Agreement will automatically extend should you choose to continue use of the Equipment and Service through allowable options.
1.2 What are iConnect’s Rights to Cancel My Service(s) and Terminate My Agreement?
iConnect may interrupt, suspend or cancel your Services and terminate your Agreement without advance notice for any reason including, but not limited to, the following: Any conduct that we believe violates this Agreement or iConnect’s Acceptable Use Policy; Any conduct that involves the use of abusive, derogatory, insulting, threatening, vulgar or similarly unreasonable language or behavior directed at any of our employees or representatives whether it be in person, over the phone, or in writing; You use your Device/Equipment and/or our Services for an unlawful purpose; You use your Device/Equipment and/or our Services in any way that: (a) is harmful to, interferes with, or negatively affects our network, other customers, or the network of any other provider, (b) is harmful to, interferes with, or negatively affects our Services or operations, (c) infringes intellectual property rights of iConnect or others, (d) results in the publication of threatening, offensive or illegal material, or (e) generates spam or other abusive messaging or calling, a security risk, or a violation of privacy; You fail to make all required payments when due; Where applicable, deterioration of your credit and/or we believe that there is a risk of non-payment; You refuse to pay any required advance payment or deposit; We discover that you are underage; You provide inaccurate or misleading information; or You modify the device from its manufacturer’s specifications.
iConnect’s rights under this Section 1.2 are in addition to any specific rights that we reserve in other provisions of this Agreement to interrupt, suspend, modify, or cancel your Services and terminate your Agreement.
1.3 Can iConnect Change its Terms And Rates?
We may change any terms, conditions, rates, fees, expenses, or charges regarding your Services at any time without need for prior notice.
2.0 HOW DO I RESOLVE DISPUTES WITH iCONNECT?
2.1 Dispute Resolution By Binding Arbitration
Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling our customer service department at (671)888-8888. In the unlikely event that iConnect’s customer service department is unable to resolve a complaint you may have to your satisfaction (or if iConnect has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted.
2.2 Arbitration Agreement
(1) A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to iConnect should be addressed to: iConnect Customer Service Director, Top Plaza Bldg. 543A North Marine Corps Drive, Tamuning, Guam 96913 ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If iConnect and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or iConnect may commence an arbitration proceeding.
(2) Notwithstanding any provision in this Agreement to the contrary, we agree that if iConnect makes any future change to this arbitration provision (other than a change to the Notice Address), you may reject any such change by sending us written notice within 30 days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.
3.0 TERMS RELATING TO YOUR DEVICE AND CONTENT
3.1 Your Device
Your Device must be compatible with, and not interfere with, our Services and must comply with all applicable laws, rules, and regulations.
You agree that you won’t make any modifications to your Equipment or its programming to enable the Equipment to operate on any other system.
3.2 Where and How Does iConnect Service Work?
iConnect does not guarantee availability of wireless data network. Services may be subject to certain Device and compatibility/limitations including memory, storage, network availability, coverage, accessibility and data conversion limitations. Services (including without limitation, eligibility requirements, plans, pricing, features and/or service areas) are subject to change without notice.
When outside iConnect’s coverage area, access will be limited to information and applications previously downloaded to or resident on your device. Coverage areas vary between iConnect network technologies. See coverage map(s) available at store or from your sales representative.
Actual network speeds depend upon device characteristics, network, network availability and coverage levels, tasks, file characteristics, applications and other factors. Performance may be impacted by transmission limitations, terrain, in-building/in-vehicle use and capacity constraints.
3.3 What Information Content And Applications Are Provided By Third Parties?
Certain information, applications, or other content is provided by independently owned and operated content providers or service providers who are subject to change at any time without notice.
iCONNECT IS NOT A PUBLISHER OF THIRD-PARTY INFORMATION, APPLICATIONS, OR OTHER CONTENT AND IS NOT RESPONSIBLE FOR ANY OPINIONS, ADVICE, STATEMENTS, OR OTHER INFORMATION, SERVICES OR GOODS PROVIDED BY THIRD PARTIES.
Any information you involuntarily or voluntarily provide to third parties is governed by their policies or terms. 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 iConnect or any content provider or other third party. Delays or omissions may occur. Neither iConnect 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 the Service.
You acknowledge that every business or personal decision, to some degree or another, represents an assumption of risk, and that neither iConnect nor its content and service providers or suppliers, in providing information, applications or other content or services, or access to information, applications, or other content underwrites, can underwrite, or assumes your risk in any manner whatsoever.
3.4 How Can I Get Mobile Content?
You understand that Devices can be used to acquire or purchase goods, content, and services (including subscription plans) like ring tones, graphics, games, applications and news alerts from iConnect or other companies ("Content"). You understand that you are responsible for all authorized charges associated with such Content from any Device assigned to you.
3.5 Am I Responsible If Someone Makes A Purchase With My Device?
Except as otherwise provided in this Agreement, if your Device is used by others to make Content purchases, you are responsible for all such purchases. If this occurs, you are giving those other users your authority to: make Content purchases from those Devices, and to incur charges for those Content purchases that will appear on your bill; give consent required for that Content, including the consent to use that user’s location information to deliver customized information to that user’s Device; or make any representation required for that content, including a representation of the user’s age, if requested.
3.6 Does iConnect Collect Location-Based Network Performance Information From My Device? Can I Use Location-Based Services With My Device?
iConnect collects information about the approximate location of your Device in relation to our cell towers and the Global Positioning System (GPS). 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 data services, and to maintain and improve our network and the quality of your wireless experience. We may also use location information to create aggregate data from which your personally identifiable information has been removed or obscured. Such aggregate data may be used for a variety of purposes such as scientific and marketing research and services such as vehicle traffic volume monitoring. It is your responsibility to notify users on your account that we may collect and use location information from Devices.
3.7 What If My Device Is Lost Or Stolen?
If your wireless Device is lost or stolen, you must contact us immediately to report the Device lost or stolen. Identification authentication will be done during reporting of lost or stolen Device for suspension, therefore you have to be ready with information, among others, like your specified email address provided at time of application.
You can report your Device as lost or stolen and request for suspension of Services by contacting us at (671)888-8888 during regular office hours 9am-6pm Monday to Friday (not including non-working holidays) or you may email firstname.lastname@example.org (outside of regular office hours) using the specified email address you provided during application. With successful authentication, Service suspension will occur upon the start of the next working day. While your Service is suspended you will remain responsible for complying with all reporting requirements (including, but not limited to, immediate submission of formal letter reporting the loss and requesting for suspension of Services) and other obligations under this Agreement, including, but not limited to, forfeiture of Security Deposit, if applicable. We both have a duty to act in good faith in a reasonable and responsible manner including in connection with the loss or theft of your Device.
4.0 TERMS RELATING TO THE USE AND LIMITATIONS OF SERVICE
4.1 What Are The Limitations On Service And Liability?
Unless prohibited by law, the following limitations of liability apply. Service may be interrupted, delayed, or otherwise limited for a variety of reasons, including environmental conditions, unavailability of radio frequency channels, system capacity, priority access by National Security and Emergency Preparedness personnel in the event of a disaster or emergency, coordination with other systems, equipment modifications and repairs, and problems with the facilities of interconnecting carriers. We may block access to certain categories of websites and other online applications, features and services.
Additional hardware, software, subscription, credit or debit card, Internet access from your compatible PC and/or special network connection may be required and you are solely responsible for arranging for or obtaining all such requirements. Some solutions may require third party products and/or services, which are subject to any applicable third party terms and conditions and may require separate purchase from and/or agreement with the third party provider. iConnect is not responsible for any consequential damages caused in any way by the preceding hardware, software or other items/requirements for which you are responsible.
Not all plans or Services are available for purchase or use in all sales channels, in all areas or with all devices. iConnect is not responsible for loss or disclosure of any sensitive information you transmit. iConnect’s wireless data services are not equivalent to wire line Internet. iConnect is not responsible for nonproprietary services or their effects on devices.
We may, but do not have the obligation to, refuse to transmit any information through the Services and may screen and delete information prior to delivery of that information to you. There are gaps in service within the Services areas shown on coverage maps, which, by their nature, are only approximations of actual coverage.
WE DO NOT GUARANTEE YOU UNINTERRUPTED SERVICE OR COVERAGE. WE CANNOT ASSURE YOU THAT IF YOU PLACE A 911 CALL YOU WILL BE FOUND. iCONNECT MAKES NO WARRANTY, EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, ACCURACY, SECURITY, OR PERFORMANCE REGARDING ANY SERVICES, SOFTWARE OR GOODS, AND IN NO EVENT SHALL iCONNECT BE LIABLE, WHETHER OR NOT DUE TO ITS OWN NEGLIGENCE, for any:
(a) act or omission of a third party; (b) mistakes, omissions, interruptions, errors, failures to transmit, delays, or defects in the Services or Software provided by or through us; (c) damage or injury caused by the use of Services, Software, or Device, including use in a vehicle; (d) claims against you by third parties; (e) damage or injury caused by a suspension or termination of Services or Software by iConnect; or (f) damage or injury caused by failure or delay in connecting a call to 911 or any other emergency service.
Notwithstanding the foregoing, if your Service is interrupted for 24 or more continuous hours by a cause within our control, we will issue you, upon request, a credit equal to a pro-rata adjustment of the Service fee for the time period your Service was unavailable, not to exceed the total Service fee paid for. Our liability to you for Service failures is limited solely to the credit set forth above.
Unless prohibited by law, iConnect isn’t liable for any indirect, special, punitive, incidental or consequential losses or damages you or any third party may suffer by use of, or inability to use, Services, Software, or Devices provided by or through iConnect, including loss of business or goodwill, revenue or profits, or claims of personal injuries.
To the full extent allowed by law, you hereby release, indemnify, and hold iConnect and its officers, directors, employees and agents harmless from and against any and all claims of any person or entity for damages of any nature arising in any way from or relating to, directly or indirectly, service provided by iConnect or any person’s use thereof (including, but not limited to, vehicular damage and personal injury), INCLUDING CLAIMS ARISING IN WHOLE OR IN PART FROM THE ALLEGED NEGLIGENCE OF iCONNECT, or any violation by you of this Agreement. This obligation shall survive termination of your Service with iConnect. iConnect is not liable to you for changes in operation, equipment, or technology that cause your Device or Software to be rendered obsolete or require modification.
4.2 How Can I Use My iConnect Service?
All use of iConnect’s wireless data network and Services is governed by iConnect’s Acceptable Use Policy. iConnect can revise its Acceptable Use Policy at any time without notice.
4.3 Who Is Responsible For Security?
iCONNECT DOES NOT GUARANTEE DATA SECURITY. Data encryption is available with some, but not all, Services provided by iConnect. If you use your Device to access company email or information, it is your responsibility to ensure your use complies with your company’s internal IT and security procedures.
4.4 How Can I Use the Equipment Software?
The software, interfaces, documentation, data, and content provided for your Equipment as may be updated, downloaded, or replaced by feature enhancements, software updates, system restore software or data generated or provided subsequently by its manufacturer (hereinafter "Software") is licensed, not sold, to you by its licensors/suppliers for use only on your Equipment. Your use of the Software shall comply with its intended purposes as determined by its licensor/supplier, all applicable laws, and iConnect’s Acceptable Use Policy.
5.0 WHAT DATA SERVICES DOES iCONNECT OFFER?
5.1 What Are The General Terms That Apply To All Data Services?
iConnect provides wireless data, including but not limited to, features that may be used with Data Services and wireless content and applications ("Data Services"). The absolute capacity of the wireless data network is limited; consequently, Data Services may only be used for permitted activities.
iCONNECT RESERVES THE RIGHT TO TERMINATE YOUR DATA SERVICES WITH OR WITHOUT CAUSE, INCLUDING WITHOUT LIMITATION, UPON EXPIRATION OR TERMINATION OF YOUR WIRELESS CUSTOMER AGREEMENT.
5.2 What Are The Intended Purposes Of iConnect’s Wireless Data Service?
iConnect’s wireless data network is a shared resource, which iConnect manages for the benefit of all of its customers so that they can enjoy a consistent, high-quality mobile broadband experience and a broad range of mobile Internet services, applications and content. However, certain activities and uses of the network by an individual customer or small group of customers can negatively impact the use and enjoyment of the network by others. Therefore, certain activities and uses of iConnect’s wireless data service are permitted and others are prohibited. The terms and conditions of your use of iConnect’s wireless data service are set forth below.
Permitted Activities. iConnect’s wireless data services are intended to be used for the following permitted activities: (a) web browsing; (b) email; (c) uploading and downloading applications and content to and from the Internet or third-party application stores, and (d) using applications and content without excessively contributing to network congestion.
You agree to use iConnect’s wireless data services only for these permitted activities.
Prohibited Activities: iConnect’s wireless data services are not intended to be used in any manner which has any of the following effects and such use is prohibited if it: (a) conflicts with applicable law, (b) hinders other customers’ access to the wireless network, (c) compromises network security or capacity, (d) excessively and disproportionately contributes to network congestion, (e) adversely impacts network service levels or legitimate data flows, (f) degrades network performance, (g) causes harm to the network or other customers, (h) is resold either alone or as part of any other good or service, (i) tethers a wireless device to a computing device (such as a computer, Smartphone, eBook or eReader, media player, laptop, or other devices with similar functions) through use of connection kits, applications, devices or accessories (using wired or wireless technology) and you have not subscribed to a specific data plan designed for this purpose, or if there is a specific data plan required for a particular use and you have not subscribed to that plan.
The following specific uses of iConnect’s wireless data service are prohibited :
iConnect’s wireless data services may not be used in any manner that defeats, obstructs or penetrates, or attempts to defeat, obstruct or penetrate the security measures of iConnect’s wireless network or systems, or another entity’s network or systems; that accesses, or attempts to access without authority, the accounts of others; or that adversely affects the ability of other people or systems to use either iConnect’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 e-mail).
iConnect’s wireless data services may not be used in any manner that has the effect of excessively contributing to network congestion, hindering other customers’ access to the network, or degrading network performance by maintaining a sustained and continuous wireless data service connection or active wireless Internet connection. For example, this includes, but is not limited to, server devices or host computer applications such as continuous Web camera posts or broadcasts, automatic data feeds, or automated machine-to-machine connections; "auto-responders," "cancel-bets," or similar automated or manual routines that generate excessive amounts of traffic or that disrupt user groups or email use by others; use of the service as a substitute or backup for private lines or full-time or dedicated data connections; peer-to-peer (P2P) file sharing services; and software or other devices that maintain continuous active Internet connections when a connection would otherwise be idle or any "keep alive" functions, unless they adhere to iConnect data retry requirements (as may be modified from time to time).
iConnect’s wireless data services also may not be used with high bandwidth applications, services and content that are not optimized to work with iConnect’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, unless they meet iConnect’s wireless data services optimization requirements.
You agree not to use iConnnect’s wireless data services for any of these prohibited activities.
iConnect’s Rights to Ensure Compliance. You agree that iConnect has the right to take any and all actions necessary to enforce this Section 6.2 if you use iConnect’s wireless data services in any manner that is prohibited, including, but not limited to, the following actions:
iConnect may modify, without advance notice, the permitted and prohibited activities, and the optimization requirements for your wireless data services;
iConnect may engage 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;
iConnect may reduce your data throughput speeds at any time or place if your data usage exceeds an applicable, identified usage threshold during any usage cycle.
iConnect may use reasonable methods to monitor and collect customer usage information to better optimize the operation of the network.
If you are an iConnect unlimited data customer, iConnect may migrate you from the unlimited data service to a tiered data service and bill you the appropriate corresponding usage fees.
iConnect may interrupt, suspend, cancel or terminate your wireless data services without advance notice.
Unlimited Data Customers. If you are an iConnect unlimited plan data service customer, you agree that "unlimited" means you pay a fixed charge for wireless data service regardless of how much data you use. You further agree that "unlimited" does not mean that you can use iConnect’s wireless data service in any way that you choose or for any prohibited activities, and that if you use your unlimited data service in any manner that is prohibited, iConnect can limit, restrict, suspend or terminate your data service or switch you to a tiered data service.
5.3 How Does iConnect Calculate My Data Usage?
DATA TRANSPORT/USAGE OCCURS WHENEVER YOUR DEVICE IS CONNECTED TO OUR NETWORK AND IS ENGAGED IN ANY DATA TRANSMISSION, INCLUDING BUT NOT LIMITED TO: (i) SENDING OR RECEIVING EMAIL, DOCUMENTS, OR OTHER CONTENT, (ii) ACCESSING WEBSITES, OR (iii) DOWNLOADING AND USING APPLICATIONS. SOME APPLICATIONS, CONTENT, PROGRAMS, AND SOFTWARE THAT YOU DOWNLOAD OR THAT COMES PRE-LOADED ON YOUR DEVICE AUTOMATICALL Y AND REGULARLY SEND AND RECEIVE DATA TRANSMISSIONS IN ORDER TO FUNCTION PROPERLY, WITHOUT YOU AFFIRMATIVELY INITIATING THE REQUEST AND WITHOUT YOUR KNOWLEDGE. FOR EXAMPLE, APPLICATIONS THAT PROVIDE REAL-TIME INFORMATION AND LOCATION-BASED APPLICATIONS CONNECT TO OUR NETWORK, AND SEND AND RECEIVE UPDATED INFORMATION SO THAT IT IS AVAILABLE TO YOU WHEN YOU WANT TO ACCESS IT. 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 THAT INITIATE IN RESPONSE TO AN ADVERTISEMENT, WILL COUNT TOWARD YOUR DATA USAGE. YOU WILL BE ACCOUNTABLE FOR ALL DATA TRANSPORT AND USAGE WHEN YOUR DEVICE IS CONNECTED TO OUR NETWORK, INCLUDING THAT WHICH YOU AFFIRMATIVELY INITIATE OR THAT WHICH RUNS AUTOMATICALLY IN THE BACKGROUND WITHOUT YOUR KNOWLEDGE, AND WHETHER SUCCESSFUL OR NOT.
Data Service charges paid in advance for Data Services are nonrefundable.
5.4 Mobile Email
Requires e-mail account with compatible internet service provider and a downloaded or preloaded e-mail application for the wireless device.
6.0 ARE THERE OTHER TERMS AND CONDITIONS THAT APPLY TO FEATURES AND APPLICATIONS?
Terms and conditions for certain features and applications are provided on the Device at the time of feature/application activation or first use.
7.0 WHAT OTHER TERMS AND CONDITIONS APPLY TO MY WIRELESS SERVICE?
7.1 Intellectual Property
You must respect the intellectual property rights of iConnect, 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 iConnect or accessed through the iConnect’s websites. Except for material in the public domain, all material displayed in association with the Service is 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.
If any provision of this Agreement is found to be unenforceable by a court or agency of competent jurisdiction, the remaining provisions will remain in full force and effect. The foregoing does not apply to the prohibition against class or representative actions that is part of the arbitration clause; if that prohibition is found to be unenforceable, the arbitration clause (but only the arbitration clause) shall be null and void.
7.3 Assignment / Governing Law / English Language
iConnect may assign this Agreement, but you may not assign this Agreement without our prior written consent.
7.3.2 Governing Law
The laws of the US territory of Guam shall govern this Agreement except to the extent that such laws are preempted by or inconsistent with applicable federal law. In the event of a dispute between us, the laws of Guam at the time the dispute is commenced, whether in litigation or arbitration, shall govern except to the extent that such law is preempted by or inconsistent with applicable federal law.
In the event that a lawsuit is filed arising out of this Agreement or the enforcement of its terms, the non-prevailing party shall pay the prevailing party’s reasonable attorney’s fees, together with interest as allowed by law.
7.3.3 English Language
The original version of this Agreement is in the English language. Any discrepancy or conflicts between the English version and any other language version will be resolved with reference to and by interpreting the English version.
7.4 Trial Services
Trial Services are subject to the terms and conditions of this Agreement; may have limited availability; and may be withdrawn at any time.