These Terms and Conditions ("Terms") constitute the agreement between you and Americatel Corporation and apply to the services that we, Americatel Corporation, offer to our customers under the "ZERO11 Wireless®" brand (Americatel Corporation and its ZERO11 wireless® brand are also collectively referred to as "ZERO11 Wireless" in these Terms and Conditions). Anyone who buys our service and anyone using our service ("Customer"), with or without the buyer's consent, is considered a customer. Service is provided at our discretion. We can modify or cancel your ZERO11 Wireless service or take corrective action at anytime without prior notice and for any reason, including, but not limited to, your violation of any of these Terms. We reserve the right to change our Terms at any time without notice. Current Terms are available at the ZERO11 wireless® web site, www.zero11wireless.com. You shall remain bound by the revised Terms just as you are bound to the Terms in effect when you first agreed to these ZERO11 Wireless's Terms. You agree not to use ZERO11 wireless® services in any way that is illegal, fraudulent or abusive as determined solely by ZERO11 Wireless. You may not alter any of the hardware or software on your ZERO11 Wireless mobile phone in any manner inconsistent with the provisioning of ZERO11 Wireless service or contrary to these Terms, as determined in the sole discretion of Americatel Corporation.
Airtime is intended for wireless calling and texting from within the ZERO11 wireless® network and those of our service partners. Customer acknowledges that any map, diagram or other illustration of service area is only an estimate and actual service coverage may vary. Charges are based on the location of the site receiving and transmitting the call or text, not the location of the user or recipient. Customer's service area is subject to change at any time in ZERO11 Wireless's sole discretion. Some service features may not be available on the network or functionality may be limited. Coverage may be affected by terrain, weather, foliage, buildings and other construction, signal strength, customer equipment and other factors. Service may be interrupted, delayed or otherwise limited for a variety of reasons, including environmental conditions, unavailability of radio frequency channels, system capacity, coordination with other systems, and problems with the facilities of interconnecting carriers. We do not warrant or guarantee that service will be available at any specific time or geographic location, or that service can be provided without interruption. Minors will not be able to activate an ZERO11 wireless® service. We require the minor’s legal parent or guardian to call and activate the service. (See below for additional details related to data and messaging services.)
ZERO11 Wireless provides its service through any unlocked GSM mobile phone that can use a ZERO11 wireless® SIM Card. ZERO11 Wireless offers a selection of mobile phones ("Handsets") that can be used with the ZERO11 wireless® service. ZERO11 wireless® Handsets are sold separately and may be purchased from ZERO11 wireless® or an authorized ZERO11 wireless® retailer. Not all features work on all Handsets and in all areas. Contact ZERO11 wireless® online at www.zero11wireless.com, call us at 877-724-8325 or visit one of our ZERO11 wireless® authorized retailers to find out about Handset features. All service is subject to the Handset manufacturer’s Warranties and Terms of Service.
All sales of ZERO11 wireless® Handsets are final. Handsets carry a 6 or 12 month warranty ("Warranty Period"), depending on the Handset. If you believe that your Handset has a manufacturer defect, return the Handsets to ZERO11 wireless® for evaluation before the expiration of the Warranty Period.
Handsets should be returned to:
7361 Calhoun Place, Suite 520
Rockville, MD 20885
There are no refunds for returned Handsets. There are no exchanges of Handsets returned after the Warranty Period. If ZERO11 wireless® determines that a Handset has a manufacturer defect, ZERO11 wireless® will replace the Handset at no extra charge. We may periodically program your Handset remotely with system settings to direct your Handset to use the Services in the most appropriate manner for your typical usage or to use other features that cannot be changed manually.
ZERO11 wireless® Starter Kit
ZERO11 wireless® service may be purchased by visiting us online www.zero11wireless.com, by calling us at 877-724-8325 or by visiting an authorized ZERO11 Wireless retailer. ZERO11 wireless® will replace SIM Cards, at no extra charge, if returned to ZERO11 wireless® within two weeks of purchase and if ZERO11 wireless® determines that they have manufacturer defects.
Keeping Your Old Phone Number
If you are eligible, you can switch an existing landline or wireless phone number to be your ZERO11 Wireless number depending on where you live. To switch an existing phone number to ZERO11 wireless®, visit us at www. www.zero11wireless.com or contact ZERO11 wireless® Customer Service at 877-724-8325. Before you initiate the port-in process, please have a bill from your old wireless or wireline carrier handy. If you don't have a bill, please have your account information handy. If you are porting your mobile phone number to or from ZERO11 wireless®, the process may take up to 24 hours or more. Please provide complete and accurate information to avoid any delays. If you have any questions about your port request, please contact ZERO11 Wireless Customer Service to confirm that your request has been processed and completed. When you switch from your old wireless carrier, you may have to pay a termination penalty if you terminate your contract early. ZERO11 Wireless will not reimburse you for any termination fees or other charges imposed by other carriers.
Unauthorized Usage; Tampering
You agree not to and to not allow any third party to (i) sell or resell the ZERO11 wireless® SIM Card to third parties for activation on any other service or network, (ii) deactivate, remove, reverse-engineer or otherwise tamper with the ZERO11 wireless® SIM Card or Handset and (iii) export the ZERO11 wireless® SIM Cards or Handsets outside of the United States. You agree not to allow any unauthorized person to use your SIM Card or mobile phone (including the ZERO11 wireless® Handset).
Any violation of the foregoing or any other improper, illegal or unauthorized use of your ZERO11 wireless® SIM Card or Handset may result in immediate suspension of service and in legal action against you. In the event of such suspension, you will not be entitled to receive any refunds for your SIM Card or Handset or for unused airtime. Americatel Corporation hereby expressly reserves all rights and remedies in law and at equity with respect to anyone found in violation of the herein terms and conditions. We may give the phone number assigned to your SIM Card to another customer without telling you if you cancel your ZERO11 Wireless service (unless you transfer the phone number to another telecommunications provider in accordance with applicable federal regulations), or if your account is terminated, as defined below. We may also change your number at any time, with prior notice.
ZERO11 wireless® reserves the right to introduce pricing plans for its services and products with or without eligibility criteria. ZERO11 wireless® may designate one plan as the default plan for all customers upon their initial activation. You may choose from among the different pricing plans provided that you meet the eligibility criteria for a plan. ZERO11 wireless® may modify, eliminate or add additional pricing plans from time to time without prior notice. ZERO11 wireless® may charge a fee when you switch your plan. Plans are for individual, non-commercial use only and are not for resale.
Promotions shall not be transferable and shall not be refunded for cash or credit. Availability of all advertised promotions are subject to retailer participation. Unless otherwise stated, promotions are for a limited time and ZERO11 Wireless reserves the right to revise or end all promotions at any time without notice.
Charges; Changes to Charges and Fees
Per-minute airtime charges vary by territory and by plan. Additional per-minute surcharges may apply to (a) voice calls to certain international destinations or to international cellular phones or (b) to voicemail messages to certain international destinations or cellular phones.
Your account will be assessed all charges applicable to the plan you have selected. These charges can include, for example, per-minute airtime and other per-minute charges and surcharges, SMS text message charges, MMS charges, data charges, monthly fees, daily plan fees, roaming charges, mobile phone feature charges, porting and port-out fees, E911 and 411 charges, returned check or chargeback charges, transaction charges, collection fees, re-activation fees, plan-change fees, shipping and handling charges and regulatory surcharges, sales or other taxes and/or charges or assessments (including USF charges) that may or may not be specifically mandated by a governmental entity to recover ZERO11 Wireless's costs for complying with various government programs and general costs of providing service. These charges may be debited from your account balance or applied on top of Refill loads. All rates, fees and charges are subject to change at any time.
All per-minute charges may apply to both (a) outbound and incoming voice calls, (b) outbound and incoming text messages, (c) outbound and incoming voicemail messages, and to (d) voicemail retrieval.
International roaming rates, which vary by country, will apply to all calls placed or received while outside the U.S., if your equipment allows it. This may generate unexpected charges. Call ZERO11 wireless prior to your trip for information or assistance.
Per-minute charges apply to 800, 866, 877 and other toll-free calls.
We may change any terms, conditions, rates, fees, expenses, or charges regarding your service at any time.
Your mobile phone may also permit you to use many different features. These features may vary by phone and are subject to availability. Rates for feature use vary and may include additional airtime costs. Per-minute charges may apply to feature usage including Call Waiting, Call Forwarding, Three-Way Calling and voicemail retrievals, if available for the ZERO11 wireless® service. Rates for features are set forth in the packaging and/or accompanying materials. You should not use your ZERO11 Wireless service until you understand the rates for all features and services available from your mobile phone (including your ZERO11 Wireless Handset).
Monthly fees, if applicable to your plan, will be charged every thirty (30) days. The first monthly charge will be assessed on your account upon the first call. Monthly fees may be charged in addition to airtime per-minutes charges and surcharges. You may need to purchase airtime minutes to use the services of certain monthly fee plans. For plans that offer a certain quantity of domestic minutes or text messages, you must purchase airtime minutes for international calls or international text messages.
A daily plan fee, if applicable, may be assessed each day you use your mobile phone (including the ZERO11 Wireless Handset) to make or receive voice calls. The day for purposes of the daily plan fee starts at midnight and ends at midnight based on the time zone in which you are located when you make a call. If an account balance is insufficient to cover the total amount of the applicable monthly fee or daily plan fee, the balance shall be charged upon recharge or refill of the account.
Some plans may offer lower per-minute charges for Off-Peak Periods. Off-Peak Periods are defined as Monday through Thursday 9:00 p.m. to 5:59 a.m. and Friday from 9:00 p.m. to Monday at 5:59 a.m. (Your local time)
A porting fee of $20 may apply when porting a landline or cell phone number to your ZERO11 Wireless Service. A $20 port-out charge will apply if you port your ZERO11 Wireless telephone number to another carrier.
You may be charged for the costs of shipping the Starter Kits and Handsets. You must pay the shipping charges associated with the return of a Handset or SIM Card for evaluation of defects. Should ZERO11 Wireless determine that no defect exists, you may be charged for any re-shipping and handling charges.
ZERO11 Wireless reserves the right to assess charges for E911 and 411 service, if such service is available. Charges for 411 service include a fixed price per call plus airtime.
If any charges, fees, surcharges, taxes any other assessments cannot be deducted in real time from your account balance (for example, due to system errors, insufficient account balance or other factors), they will be deducted as soon as the cause of the delay is cured.
Domestic voice calls or text messages are those which originate and terminate in the 50 United States. Domestic voice calls or text messages that do not originate within the geographic area(s) covered by the network footprint of ZERO11 Wireless and our service partners (i.e., roaming calls) may be billed at a higher rate.
AIRTIME AND OTHER MEASURED VOICE OR TEXT MESSAGE USAGE IS BILLED IN FULL-MINUTE INCREMENTS. ZERO11 WIRELESS CHARGES A FULL MINUTE OF AIRTIME USAGE FOR EVERY FRACTION OF THE LAST MINUTE OF AIRTIME USED ON EACH WIRELESS CALL. Billing for calls begins for outgoing calls or text messages when you press SEND (or similar key) and for incoming calls or text messages when a signal connection from the caller is established with our facilities. Chargeable Time ends after you press END (or similar key), but not until your wireless phone's signal of call disconnect is received by our facilities and the call disconnect signal has been confirmed. All outgoing calls or text messages for which we receive answer supervision or which have at least 30 seconds of Chargeable Time, including ring time, shall incur a minimum of one-minute airtime charge. Answer supervision is generally received when a call is answered; however, answer supervision may also be generated by voicemail systems, private branch exchanges, and interexchange switching equipment. Billing time 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. Billing time may also occur from other uses of our facilities, including by way of example, voicemail deposits and retrievals, and call transfers.
Direct inward dialing service may be offered. Callers in a country outside the U.S. call a designated local number to be connected to your phone in the U.S. Such callers are responsible for the call charges for their calls to that local number.
Introductory rates and fees are set forth in the packaging and/or accompanying materials. Rates, fees and other charges are subject to change at any time, including upon recharge. Fees and other governmentally imposed fees, whether or not assessed directly upon you, may be increased based upon the government's or our calculations. Before recharging your account and for the latest rates for Domestic and International calls and text messages please visit www.zero11wireless.com or call 877-724-8325 to receive the latest updates to your Service. Please contact our Customer Service Department for any questions about our rates or service. Calls to ZERO11 Wireless Customer Service may be monitored for quality assurance.
Notices about your Service will be provided by such means as ZERO11 Wireless determines to be most practicable, including posting the changes on our website.
Data and Messaging Services
Your data services are intended for Web browsing, email, messaging, and similar activities on your Handset and not on any other equipment. The data service may require an account with a compatible internet service provider and a downloaded or preloaded e-mail application for the ZERO11 Wireless Handset. A consumer data plan may not allow access to corporate email, company intranet sites, and other business applications. The service is not available outside of the U.S.
Access and use of mobile email is calculated by total volume of data sent and received (in kilobytes) whether read or unread, solicited or unsolicited. DATA TRANSPORT IS CALCULATED IN FULL-KILOBYTE INCREMENTS AND IS ROUNDED UP TO THE NEXT FULL-KILOBYTE INCREMENT AT THE END OF EACH DATA SESSION.
On data services with a monthly megabyte (MB) or gigabyte (GB) allowance, once you exceed your monthly allowance you may purchase refills as specified in your plan information. All data allowances, including overages, must be used in the billing period in which the allowance is provided or they will be forfeited.
ZERO11 WIRELESS RESERVES THE RIGHT TO TERMINATE YOUR DATA SERVICES WITH OR WITHOUT CAUSE, INCLUDING WITHOUT LIMITATION, UPON EXPIRATION OR TERMINATION OF YOUR ZERO11 WIRELESS SERVICE.
Prohibited Uses: There are certain uses that cause extreme network capacity issues and interference with the network and are therefore prohibited. Examples of prohibited uses include, without limitation, the following: (i) server devices or host computer applications, including, but not limited to, Web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections or peer-to-peer (P2P) file sharing; (ii) as a substitute or backup for private lines, wirelines or full-time or dedicated data connections; (iii) "auto-responders," "cancel-bots," or similar automated or manual routines which generate excessive amounts of net traffic, or which disrupt net user groups or email use by others; (iv) "spam" or unsolicited commercial or bulk email (or activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email); (v) any activity that adversely affects the ability of other people or systems to use either ZERO11 Wireless’s services or other parties' Internet-based resources, including "denial of service" (DoS) attacks against another network host or individual user; (vi) accessing, or attempting to access without authority, the accounts of others, or to penetrate, or attempt to penetrate, security measures of ZERO11 Wireless's network or another entity's network or systems; (vii) software or other Handsets that maintain continuous active Internet connections when a computer's connection would otherwise be idle or any "keep alive" functions; or (viii) using your Handset as a modem or tethering your Handset to a personal computer or other hardware.
Accordingly, ZERO11 Wireless reserves the right to (i) deny, disconnect, modify and/or terminate Service, without notice, to anyone it believes is using the Service in any manner prohibited or whose usage adversely impacts its wireless network or service levels or hinders access to its wireless network, and (ii) otherwise protect its wireless network from harm, compromised capacity or degradation in performance, which may impact legitimate data flows.
You may not use the Services other than as intended by ZERO11 Wireless and applicable law. Plans are for individual, non-commercial use only and are not for resale. ZERO11 Wireless may, but is not required to, monitor your compliance, or the compliance of other subscribers, with ZERO11 Wireless's terms, conditions, or policies.
Data Service charges are nonrefundable. In order to assess your usage during an applicable billing period, you may obtain approximate usage information by calling customer service or using one of our automated systems.
Text, Instant Messaging And Picture/Video Messaging
Messages are limited to 160 characters per message. To the extent that per-message charges apply under your plan, Text, Instant, Picture, and Video messages are charged when sent or received, whether read or unread, solicited or unsolicited.
ZERO11 Wireless does not guarantee delivery of messages. Text, Instant, Picture, and Video messages, including downloaded content, not delivered within 3 days may be deleted. ZERO11 Wireless reserves the right to change this delivery period as needed without notification.
To the extent that per-message charges apply under your plan, you may be charged for each part of messages that are delivered to you in multiple parts. Some elements of Picture/Video messages may not be accessible, viewable, or heard due to limitations on certain wireless phones, PCs or e-mail.
ZERO11 Wireless reserves the right to change the Picture/Video message size limit at any time without notification. To the extent that per-message charges apply under your plan, when a single message is sent to multiple recipients, the sender is charged for one message for each recipient and each recipient is charged for the message received.
You may receive unsolicited messages from third parties as a result of visiting Internet sites, and a per-message charge may apply whether the message is read or unread, solicited or unsolicited.
UNLIMITED DOES NOT MEAN AND DOES NOT PERMIT EXCESSIVE OR UNREASONABLE USE. Text, Instant Messaging and Picture/Video Messaging services are provided solely for personal, non-commercial use. You agree that you will not use our messaging services to send messages that (a) contain advertising or a commercial solicitation, (b) are bulk messages (c) are automatically generated; (d) can disrupt ZERO11 Wireless's network; (e) harass or threaten another person (f) interfere with another customer's use or enjoyment of ZERO11 Wireless's Services; (g) generate significant or serious customer complaints, (h) that falsify or mask the sender/originator of the message; or (i) violate any law or regulation.
ZERO11 Wireless reserves the right, but is not obligated, to deny, disconnect, suspend, modify and/or terminate messaging services with any associated account(s), without notice, as to anyone using messaging services in any manner that is prohibited or that is excessive or unreasonable. The failure to take any action in the event of a violation shall not be construed as a waiver of the right to enforce such terms, conditions, or policies.
You understand that Handsets can be used to acquire or purchase goods, content, and services (including subscription plans) like ring tones, graphics, games, applications, news alerts and other goods and services. You understand that you are responsible for all authorized charges associated with such content purchased through the use of the Handset assigned to your account.
ZERO11 WIRELESS 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.
Mobile video is for individual use, not for resale, commercial purposes or public broadcast. Content can only be displayed on the Handset screen. No content may be captured, downloaded, forwarded, duplicated, stored, or transmitted. Some mobile video content is intended for mature audiences and may be inappropriate for younger viewers. Parental guidance is suggested.
Responsibility for Payment
You are responsible for paying all charges for or resulting from services provided under this Agreement. Payment for all charges is made in advance and there is no proration of such charges. You agree to pay for incoming and outgoing calls and text messages to and from your registered mobile phone (including any ZERO11 Wireless Handset). Pre-payments are non-refundable, regardless of who actually uses or possesses your phone after you buy airtime, and regardless of whether the phone usage is made with your consent or knowledge.
If you think there has been an error in a charge deducted from your account, or have a dispute about any service, you must notify us within seven (7) days after the charge is deducted from your account balance to request an adjustment. Visit us at www.zero11wireless.com or call ZERO11 Wireless Customer Service at 877-724-8325 and one of our Customer Service Representatives will investigate your claim.
YOU MUST NOTIFY US OF SUCH DISPUTE WITHIN SEVEN (7) DAYS, INCLUDING A DISPUTE OVER ANY CHARGES AND ANY SERVICE WE PROVIDED, OR YOU WILL HAVE WAIVED YOUR RIGHT TO DISPUTE THE CHARGE OR SUCH SERVICES AND TO BRING, OR PARTICIPATE IN, ANY ARBITRATION OR LEGAL ACTION RAISING ANY SUCH DISPUTE.
Initial Purchase and Refills
You may pay for your initial purchase and any refills of your account ("Refills") online, via telephone or at an authorized ZERO11 Wireless retailer. Initial purchases and refills may be made by credit, debit or refill cards. Initial purchases and refills may also be made in cash when visiting any ZERO11 Wireless authorized retailer. All purchases and Refills are non-transferable and all sales are final.
ZERO11 Wireless has an account balance limit of $500. For account security, ZERO11 Wireless reserves the right to limit the amount and/or frequency of Refills. Contact Customer Service if you have any questions. The value of any Refill amount or card cannot be applied to any other ZERO11 Wireless service or product.
Payments to your Account are not redeemable for cash or credit and are not transferable. Age or other requirements may be required by your financial institution for certain types of payments.
We will charge you $30.00 or the highest amount allowed by law, whichever is less, for any check or other instrument (including any credit or debit card chargebacks) tendered by you and returned unpaid by a financial institution for any reason. You agree to reimburse us the fees of any collection agency, which may be based on a percentage of the debt, and all costs and expenses, including reasonable attorneys' fees, we incur in such collection efforts.
You will remain responsible for all ZERO11 Wireless charges, fees, taxes and surcharges even if these cannot be paid through your authorized credit or debit card account for any reason.
Contact ZERO11 Wireless if your credit or debit card expires or is lost, stolen or is replaced, or if you close your account or change the billing address. ZERO11 Wireless is not responsible if debits to your bank account result in overdrafts, overdrafts fees or other liabilities.
You can refill your account automatically by registering your credit card with ZERO11 Wireless. By registering for Auto-Refill you agree to have an amount you select deducted from your credit card account and added to your ZERO11 Wireless account. The minimum Refill amount when using a credit card is $5 and the maximum Refill amount is $100. You can set-up, modify, or cancel your Auto-Refill preferences anytime by calling ZERO11 Wireless Customer Service at 877-724-8325. When you select Auto-Refill you are agreeing to have the amount you choose deducted from your credit. All ZERO11 Wireless charges and fees, plus applicable taxes, fees and surcharges, will automatically be applied to your account balance. Auto-Refill balances are non-refundable. You must contact our Customer Service Department to stop future Auto-Refills on your account.
Expiration; Cancellation; No Refunds; Reactivation
All initial and Refill sales are final. There are no refunds for any unused service and Refill cards and Auto-Refills are non-refundable. ZERO11 Wireless is not responsible for, nor do we refund lost, stolen, misused, or damaged Refill cards.
Airtime Balances: The initial account load purchased with your Starter Kit and any Refill loads expire within the number of days stated in your plan ("Expiration Limit"). If you Refill before the Expiration Limit, your existing balance (if any) will carry over as indicated in your plan. If you do not Refill your account or if you allow your balance to drop to $0 by the end of your then-current Expiration Limit, you may lose any remaining funds in your account and your account will become inactive. "Inactive" means you can't make or receive calls, send or receive text messages or use features. Depending on your plan, once your account is inactive, you have between 3 and 60 days to Refill and reactivate your account. However, if you do not do so, your account will be cancelled. Upon cancellation, you can no longer keep the phone number associated with your account. You will then need to initiate a new account to restart service with ZERO11 Wireless with a new phone number. A service re-activation fee and new wireless mobile phone number may be required to reactivate service. You may call us at 877-724-8325 to cancel you ZERO11 wireless® service at any time. Account balances are forfeited upon expiration or cancellation.
Allotments of account Minutes or Text Messages: If you select a plan that includes an unlimited or predetermined allotment of services (for example, an unlimited or predetermined allotment of airtime minutes or text messages), unless otherwise specifically provided as part of such rate plan, any unused allotment of services from one monthly period will not carry over to the next monthly period.
Acceptable Use of ZERO11 wireless® Products and Service
You may only use our service for lawful purposes and in a manner that does not interfere with another ZERO11 wireless® subscriber's use of our service. ZERO11 wireless® and its business partners provide their services for your private use only. You will be solely responsible if you engage in any unauthorized use of any content.
Objectionable or Offensive Content.
You may not upload, download, post, distribute, or otherwise transmit any content that is unlawful, libelous, defamatory, slanderous, obscene, pornographic, harassing, threatening, abusive, harmful, violative of others' privacy rights, or otherwise objectionable.
You may not upload, download, post, distribute, or otherwise transmit any content that encourages or is in furtherance of an unlawful, criminal, or fraudulent activity.
You may not upload, download, post, distribute, edit, modify or transmit any content that may infringe on any patent, trademark, trade secret, copyright, or other intellectual proprietary right of any person. Infringement may result from the unauthorized copying, posting, editing, modifying or distributing of any content, including ring-tones, graphics, pictures, photographs, logos, software, articles, music, games, or videos. By posting any content, you represent that you have legal rights to use, distribute, and publish such content.
You agree not to upload, download, post, distribute, or otherwise transmit any content that contains viruses, worms, time bombs, or any other similar programs that would interfere or disrupt our provision of our service.
Removal of Objectionable Content.
While we do not monitor your use of our service, we reserve the right to remove or delete any content that you upload, download, post, distribute, or otherwise transmit on our service that violates this Acceptable Use Policy or is otherwise deemed objectionable by us in our sole discretion. We may delete content that you have downloaded or limit the amount of content that you may download during any given period.
Purchases Using the ZERO11 wireless® Service
In the future, ZERO11 wireless® may offer the ability to use your ZERO11 wireless® Service to purchase goods, contents or services (including ring tones, graphics or games and including subscription plans) ("Goods and Services") from ZERO11 wireless® or from third parties. Should you purchase any Goods and Services using your ZERO11 wireless® Service, you agree: 1) to pay all ZERO11 wireless® charges and all other charges related to such purchases, (2) that you have given your authorization to any third-parties to purchase any Goods and Services through your ZERO11 wireless® service, and 3) that you have given all consents required for the purchase and use of said Goods and Services, including the consent to use that user's location information to deliver information to that user's Handset or cell phone, or to make any representation required for those Goods and Services, including a representation of the user's age, if requested.
Limitations on Use
UNLIMITED DOES NOT MEAN AND DOES NOT PERMIT EXCESSIVE OR UNREASONABLE USE. Voice services are provided solely for live dialog between two individuals. Voice services may not be used for conference calling, call forwarding, monitoring services, data transmissions, transmission of broadcasts, transmission of recorded material, or other connections that do not consist of uninterrupted live dialog between two individuals. If ZERO11 wireless® finds that you are using ZERO11 wireless® voice service for anything other than live dialog between two individuals, or that your usage is excessive or unreasonable, ZERO11 Wireless may at its option terminate your service or, with notice to you, change your plan to one with no unlimited usage components.
Suspension or Termination of Service
Either party may terminate this Agreement (which will terminate the provision of the service) at any time on advance notice to the other party. Funds deposited into your account via any method will not be refunded. ZERO11 wireless® may terminate this Agreement at any time without notice if we cease to provide service in your area. We may interrupt or terminate your service without notice for any conduct that we believe violates this Agreement or any terms and conditions of your rate plan, or if you behave in an abusive, derogatory or similarly unreasonable manner with any of our representatives, or if you fail to make all required payments when due or if we have reasonable cause to believe that your mobile phone is being used for an unlawful purpose or in a way that may adversely affect our service. If you have more than one account with us, you must keep all accounts in good standing to maintain service. If one account is past due or over its limit, all accounts in your name are subject to interruption or termination and all other available collection remedies. Any provision of this Agreement which by its context is intended to apply after termination of the Agreement will survive termination, including, but not limited to, any restrictions on the use of your mobile phone (including the ZERO11 wireless® Handset).
Disclosure of Content
Americatel Corporation respects your privacy, but from time-to-time we need to comply with regulatory requirements or court orders. If Americatel Corporation receives a lawful request to disclose information from law enforcement authorities, then we will disclose all relevant information, including your name, account history, account information, or other transmission data requested. We also may disclose any content to third parties as is necessary to respond to claims that any content violates the rights of third parties or to protect the rights and property of Americatel Corporation.
Storage of Content
Some content may not be stored or processed due to memory limitations. You agree that Americatel Corporation is not liable for such deletion or failure to store content, and you should store photographs permanently using another means. Americatel Corporation is not responsible for any loss of data from your mobile phone (including the ZERO11 Wireless Handset), and you agree to defend, indemnify and hold Americatel Corporation not liable for claims, losses, costs or expenses related to any such loss of data. Not all applications (including, without limitation, certain ring-tones or other software) will work on all ZERO11 Wireless Handsets and equipment, and some applications may not be available in all areas. Use of certain applications may require the disclosure of personal information subject to the policies of the developers of such applications.
If you intentionally send unsolicited messages from your ZERO11 Wireless phone (also called "Spamming") we will terminate your service without further notice. We may occasionally send you unsolicited messages about relevant opportunities from ZERO11 Wireless commercial partners, as well as information about new ZERO11 Wireless wireless services, or other important information. All such messages are sent free of charge. If you do not want to receive such messages, you will be able to opt-out from receiving additional messages. We may also occasionally send you unsolicited messages about important items such as network outages, account status and other relevant matters. These non-commercial messages are also sent free of charge, however, you may not opt-out from receiving non-commercial messages.
Use of Your Subscriber Information
Wireless systems use radio channels to transmit communications that may be accidentally or intentionally intercepted. Although federal and state laws may make it illegal for third parties to listen in on a Customer's use of our service, privacy cannot be guaranteed. ZERO11 Wireless shall not be liable to you or any third party for eavesdropping on or interception of communications made while using the service or the equipment.
Lost or Stolen Equipment
If your mobile phone (including your ZERO11 Wireless Handset) is lost or stolen, you must notify us of the loss and request cancellation or temporary suspension of your account. Although you report the theft or loss to us, you remain responsible for complying with your other obligations under this Agreement including, but not limited to, payment of any monthly service fees up the date of cancellation or suspension. If you request suspension, your account will be suspended for up to 20 days from your notice to us, or until you replace or recover your mobile phone, whichever is shorter. ZERO11 Wireless reserves the right to request proof of loss or theft (such as a police report) prior to suspending your account. Once you purchase a new mobile phone, any remaining money in your old mobile account will be transferred to your new mobile phone account once your transfer your old ZERO11 Wireless SIM Card to your new mobile phone. If you have lost your SIM Card along with your mobile phone, the balances will not be transferred.
ZERO11 Wireless will not directly complete any calls to 900, 976 or other pay-per-call services.
There are gaps in service within the service 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. ZERO11 WIRELESS MAKES NO WARRANTY, EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, OR PERFORMANCE REGARDING ANY SERVICES, THE HANDSETS OR OTHER GOODS. We do not make our Handsets, therefore the only warranties are those extended by the manufacturers. SOME STATES DO NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES OR LIMITS ON REMEDIES FOR BREACH. THEREFORE, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Mutual Waivers; Limitations of Liability; Credits
BY ENTERING INTO THIS AGREEMENT, YOU AND WE ARE WAIVING IMPORTANT RIGHTS. YOU AGREE THAT OUR MAXIMUM LIABILITY TO YOU UNDER ANY THEORY (INCLUDING BUT NOT LIMITED TO FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, OR PRODUCTS LIABILITY) IS LIMITED TO A REFUND OR REBATE OF CHARGES YOU HAVE PAID OR OWE US. WE AGREE THAT YOUR MAXIMUM LIABILITY TO US UNDER ANY THEORY (INCLUDING BUT NOT LIMITED TO FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY OR PRODUCTS LIABILITY) IS LIMITED TO ANY ACTUAL DAMAGES YOU CAUSE TO OUR BUSINESS OR PROPERTY, AND ANY DAMAGES COLLECTED FROM US BY A THIRD PARTY AS NOTED IN THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, UNDER THE SECTION TITLED "INDEMNIFICATION" BELOW.
NEITHER OF US CAN RECOVER (A) PUNITIVE DAMAGES; (B) TREBLE, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES; (C) CLAIMS FOR LOSS OF BUSINESS, LOST PROFITS, OR GOODWILL; OR (D) UNLESS OTHERWISE SPECIFIED IN THESE TERMS, ATTORNEY'S FEES. YOU AND WE AGREE NOT TO MAKE, AND TO WAIVE TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIM FOR DAMAGES OTHER THAN DIRECT, COMPENSATORY DAMAGES AS LIMITED ABOVE. YOU AND WE ALSO AGREE NOT TO MAKE, AND TO WAIVE TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIM FOR EQUITABLE RELIEF, OTHER THAN TO PROTECT ANY PATENTS, COPYRIGHTS, TRADEMARKS OR TRADE SECRETS, OR TO PREVENT ABUSIVE, FRAUDULENT, OR ILLEGAL USE OF A WIRELESS PHONE OR TELEPHONE NUMBER.
EXCEPT FOR CREDIT FOR INTERRUPTED SERVICE (AS DESCRIBED IN THESE TERMS), WE ARE NOT LIABLE FOR DROPPED CALLS, INTERRUPTED SERVICE, ERRORS, FAILURES TO TRANSMIT, DELAYS OR DEFECTS IN THE SERVICE, ANY MOBILE PHONE OR HANDSET (A) CAUSED BY OR CONTRIBUTED TO BY YOU OR BY ANY THIRD PARTY; (B) CAUSED BY BUILDINGS, HILLS, TUNNELS, NETWORK CONGESTION, ATMOSPHERIC CONDITIONS OR OTHER THINGS WE DON'T CONTROL; OR (C) CAUSED BY ANY ACT OF GOD OR NATURAL DISASTER. IF ANOTHER WIRELESS CARRIER IS INVOLVED IN ANY PROBLEM (FOR EXAMPLE, BECAUSE OF ROAMING), YOU AGREE TO ANY LIMITATIONS OF LIABILITY IMPOSED ON ITS CUSTOMERS, TOO. AMERICATEL CORPORATION SHALL ALSO NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY (A) ACT OR OMISSION BY YOU OR ANY THIRD PARTY, (B) DAMAGE OR INJURY CAUSED BY THE USE OF THE SERVICE OR ANY MOBILE PHONE OR HANDSET (INCUDING USE IN A VEHICLE); (C) CLAIMS AGAINST YOU BY THIRD PARTIES; (D) DAMAGE OR INJURY CAUSED BY A SUSPENSION OR TERMINATION OF SERVICE BY AMERICATEL CORPORATION; OR (E) DAMAGE OR INJURY CAUSED BY FAILURE OR DELAY IN CONNECTING 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, either a credit equal to a pro-rata adjustment of any recurring charge (if applicable) for the time period your service was unavailable, not to exceed the charges collected for the period of interruption, or an extension of the expiration period. Our liability to you for service failures is limited solely to the credit specified in the Terms. Credit requests are reviewed on a case-by-case basis and, to receive any credit, you must notify ZERO11 Wireless Customer Service at 877-724-8325 within seven (7) days of the interruption.
To the full extent allowed by law, you hereby release, indemnify, and hold Americatel Corporation and its affiliates, providers and retailers and the officers, directors, employees, and agents of any of these harmless from and against any and all claims or demands, including reasonable attorney's fees, asserted by any third party due to or arising, directly or indirectly, from (1) any violation by you of any applicable law or regulation (2) information or content that you submit, post, transmit or make available through the service; (3) your or any other person’s use of the service, mobile phone, the ZERO11 wireless® Handset or other equipment (including, but not limited to, claims relating to vehicular damage and personal injury); (4) your connection to the service or equipment; (5) your violation of these terms; or (6) your violation of any rights of a third party, including claims arising in whole or in part from the alleged negligence of Americatel Corporation. This obligation shall survive termination of your service with ZERO11 wireless®. Americatel Corporation is not liable to you for changes in operation, equipment or technology that cause your mobile phone or software to be rendered obsolete or require modification
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
Most concerns can be resolved quickly and to your satisfaction by contacting our customer service department at www.zero11wireless.com or 877-724-8325. In the unlikely event that ZERO11 Wireless's customer service department is unable to resolve a complaint, 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 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.
References to "Americatel Corporation" "you," and "us" include our respective subsidiaries, affiliates, providers, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or handsets under this or prior Agreements between us. Notwithstanding the foregoing, either party may bring an individual law suit (instead of arbitration) but only in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Agreement, you and Americatel Corporation are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.
Any arbitration shall remain confidential. Neither you nor Americatel Corporation may disclose the existence, content or results of any arbitration or award, except as may be required by law, or to confirm and enforce an award.
You may notify us via our Web site at www.zero11wireless.com and selecting the "Contact Us" link. Such notices will be considered effective after we receive them. Any notice we send you will be sent to your last known residence or electronic address as shown on our records, or via electronic messaging to your ZERO11 Wireless phone.
911 or Other Emergency Calls
ZERO11 Wireless's wireless service does not interact with 911 and other emergency services in the same manner as non-wireless or landline telephone services. Depending on a Customer's location, the type of equipment being used, the type of equipment being utilized by any applicable emergency services provider, and the circumstances and conditions of a particular call, your phone number and/or location may not be identifiable to emergency services providers and you may not be connected to the appropriate emergency services provider. 911 service that is compatible with the FCC technical requirements is not available in all areas, and even in those areas where it is available, it is not entirely reliable. Customer acknowledges that E911 service is not available in all areas, is not completely reliable and is further limited by numerous other factors. You consent to ZERO11 Wireless's disclosure of your information to governmental and public safety authorities in response to emergencies. This information may include, but is not limited to, your name, address, number, and your location of the service at the time of call.
Effects of Terms and Conditions
These Terms and Conditions and the documents it incorporates form the entire agreement between us. These Terms supersede all oral statements (including those by any salesperson, retailer or customer service agents) or written documents (including any advertising materials viewed at the time of purchase), any communications and any understandings between you and Americatel Corporation with respect to our ZERO11 Wireless service. You represent that you have the legal capacity to agree to this agreement. If any part of these Terms is declared invalid or unenforceable, all other parts of these Terms are still valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of these Terms. You cannot rely on any other document or statement by any other individual (including any salesperson, retailers, or customer service agents), and you have no other rights with respect to the ZERO11 Wireless service or this agreement, except as specifically provided by law or in these Terms. No provision of these Terms provides any person or entity not a party to these Terms with any remedy, claim, reimbursement, or cause of action or create any other third party beneficiary rights. Any complaint, arbitration or other legal action concerning these Terms shall be interpreted under the laws of the State of Texas, excluding the choice of law rules, and any litigation (including any relating to any arbitration) shall be subject to the exclusive jurisdiction of the state and federal courts in Dallas County, Texas. All descriptions, eligibility requirements, features, and specifications are subject to change without notice.
Acceptance of Terms
By signing up for, paying for, or using our service, you agree to these terms and conditions. If you don't accept these terms, please contact ZERO11 Wireless Customer Service immediately at 877-724-8325 to cancel your service. The official language of these Terms and Conditions is English.
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