STRAIGHT TALK WIRELESS TERMS AND CONDITIONS OF SERVICE
I. General Terms and Conditions for Straight Talk Wireless Service
II. Additional Terms and Conditions for Straight Talk International Long Distance Service
III. Additional Terms and Conditions for Straight Talk Wireless Home Phone
IV. Additional Terms and Conditions for Straight Talk Mobile Hotspot and Straight Talk Bring Your Own Tablet
V. Straight Talk Limited Warranty
I. GENERAL TERMS AND CONDITIONS FOR STRAIGHT TALK WIRELESS SERVICE
Please read these Terms and Conditions of Service (“Terms”) carefully. These Terms are a legally binding agreement (“Agreement”) between you and Straight Talk. Straight Talk is a brand of TracFone Wireless, Inc.
THESE TERMS AND CONDITIONS OF SERVICE CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, AND REQUIRE THAT CERTAIN DISPUTES BE RESOLVED THROUGH ARBITRATION INSTEAD OF A COURT TRIAL. FOR MORE INFORMATION SEE SECTION 15 BELOW.
By purchasing, activating, and/or using any Straight Talk product (“Product”) or service (“Service”), you the customer (“You”) acknowledge and agree to these Terms and Conditions of Service. Straight Talk reserves the right to change or modify any of these Terms at any time. Any changes or modifications to these Terms and Conditions of Service are effective and will be binding upon you when posted on our website at straighttalk.com. Because these Terms and Conditions of Service are subject to change at any time you should always check our website for the most current version.
For assistance or more information, please contact Straight Talk Customer Care at 1-877-430-CELL (1-877-430-2355).
1. ACTIVATING AND USING YOUR STRAIGHT TALK SERVICE
a. You must register and activate your Straight Talk Product in order to use Straight Talk Service. You may activate your Product by visiting the Straight Talk website at straighttalk.com or by calling our Customer Care Center from a phone other than the Product you intend to activate. For SIM cards and Activation Codes, follow the instructions that came with the Product to activate service. You will be prompted for an email address upon registration at Straight Talk’s website at straighttalk.com. You will use this email address to create and access your account. If you do not have an email address, please contact our Customer Care Center to complete your activation and registration. Upon registration, you will have the opportunity to provide your address and to set up a password for your account. If you elect not to provide your address, you may not be able to obtain copies of your call detail records except upon service of a valid Subpoena or a Court order.
b. When You activate your Straight Talk service, you will be provided with a telephone number or you may, in some circumstances, transfer or port-in a number from another carrier. You must accept the phone number assigned to You at the time of activation, unless you choose to transfer your existing telephone number. In certain instances, you may not be able to transfer (port) your existing phone number for reasons outside of our control. Please note that You have no ownership rights to any telephone number, IP address or any other identifier associated with your wireless service, and You acknowledge and agree that we may change any such number, IP address or other identifier associated with your Straight Talk service at any time without prior notice to You. Once you have been assigned your Straight Talk phone number, you cannot change it or your Service plan until your Service End Date (as described below) without losing any unused Service balance. If you change your assigned phone number or Service plan prior to your Service End Date, you will lose any unused Service balance.
c. Upon activation of your Straight Talk Product, you should retain for future reference your activation card that includes the IMEI/MEID DEC for Your Phone, Home Phone or Hotspot or SIM number for the SIM. You will need your IMEI/MEID DEC and SIM card number in the event you need to reactivate your Product for any reason.
d. Your Straight Talk Product will only operate with a Straight Talk Service Plan. The terms of the Straight Talk Service Plans are subject to change without notice. Straight Talk Services are provided at Straight Talk’s discretion. If you do not refill your Straight Talk account by your Service End Date, your Straight Talk phone number may be lost.
e. Your Straight Talk Product can only be activated where Straight Talk Service is offered and supported by Straight Talk. Your Straight Talk Product can only be used through Straight Talk, and cannot be activated with any other wireless service. The wireless telecommunications networks used to transmit calls and data for the Service are owned and operated by licensed commercial mobile radio service providers (“Carriers”), and not Straight Talk.
f. Some functions and features referenced in the manufacturer’s manual provided with your Straight Talk Product may not be available. Certain features may not be available throughout the entire network or their functionality may be limited. Some features are available only on Straight Talk phones purchased from Straight Talk and will not be available if you have purchased a Straight Talk SIM card or Activation Code for use on your own phone. All plan rates, features, functionality and other product specifications are subject to change without notice or obligation. All talk and standby times are quoted in Digital Mode and are approximate.
g. If you purchased a SIM card or Activation Code and are using your own compatible phone, it must be compatible, and not interfere with, our service, and must comply with all applicable laws, rules and regulations. Except with respect to the Straight Talk Mobile Hotspot and BYOT, devices capable only of using data service are strictly prohibited and Your use of any such device is grounds for immediate deactivation and termination of your Service without a refund. You are responsible for ensuring that any compatible wireless phone that you use is compatible with the Straight Talk wireless service and that your phone meets all Federal laws and standards. You are further responsible for the purchase and maintenance of any additional hardware, software and/or internet access required in order to use the Straight Talk service. Straight Talk service will only work with wireless devices that are compatible with our network. Not all services are available with all wireless devices or on all networks. We may remotely change your wireless phone’s software, applications or programming without notice. This could affect your stored data, your phone’s programming and how you are able to use your wireless phone.
h. If you notify us that your Product is lost or stolen, your account will be deactivated and any unused Service balance will be lost and will not be transferred.
2. TERMINATION OF SERVICE
Either party may terminate this Agreement (which will terminate the provision of Straight Talk service) at any time. Any unused service at the time of termination will not be refunded. Straight Talk 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, if you behave in an abusive, derogatory or similarly unreasonable manner with any of our representatives, if we have reasonable cause to believe that you are using your Straight Talk phone and/or wireless service for an unlawful purpose or in a way that may adversely affect our Service, if you engage in any deceptive or unfair conduct with respect to your Straight Talk phone and/or wireless service. 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 Straight Talk Products.
3. STRAIGHT TALK SERVICE PLANS
Straight Talk Wireless Service includes the following service options: Unlimited Talk, Text and Mobile Web Access that includes 3 GB of high speed data and the All You Need™ Plan that provides 1500 airtime minutes, unlimited texts and 100 MB of high speed data. Plans for other Straight Talk Products are described in the appropriate section of these Terms. Actual data speeds are subject to your wireless device’s capabilities, coverage available in your local area and existing network conditions. Data transmitted over Wi-Fi does not count against your data usage. To preserve your high speed data, you can sign into Wi-Fi whenever possible including at home, in the office, or free public locations such as coffee shops, restaurants, grocery stores, and universities – but recognize that public Wi-Fi locations may not be secure. Apps like Wi-Fi Finder, available from the Google Play Store, can help you find open networks. Additionally, Apps such as My Data Manager can help you keep track of your Wi-Fi and cellular data usage.
a. Unlimited Talk, Text and Data Plans: With Straight Talk Unlimited Talk, Text, and Data service plans, you receive unlimited nationwide calling, text messaging and up to 3 GB of high speed data for each 30 day plan cycle. After the 3 GB threshold is reached, your data speed will be reduced to as low as 64 kbps for the remainder of your plan cycle. Your high speed data will be restored once your next plan cycle begins unless you purchase a new Unlimited service plan prior to the start of your next plan cycle. If your data speed is reduced, the reduced speeds may impact the functionality of some data applications, such as streaming audio or video or web browsing. Straight Talk currently offers Unlimited Talk, Text and Data Plans with 30, 90, 180 and 365 days of service. Please note that the Unlimited service plans do not track “per minute” usage for nationwide calls or text messages. Straight Talk Unlimited service plans are subject to certain limitations listed in paragraphs 6 and 7 below.
b. Straight Talk All You Need™ Plan: With this plan, you receive 1500 minutes, unlimited texts, 100 MB of data and 30 days of service. This plan includes nationwide calling and calls to 411 at no extra charge. The name “All You Need” does not imply that this plan will meet the needs of all customers. The All You Need Plan is not available with certain models of Straight Talk Phones such as the Android powered phones and other models. See your phone’s packaging for plan availability.
All You Need Plan Services are deducted in the following manner:
Minutes on the All You Need Plan: All calls are charged at a rate of one (1) minute per minute of use. Minutes are deducted in full unit increments and partial minutes are rounded up to the next minute. No credit is given for dropped calls. Simultaneous calls such as call waiting and 3-way calling will deduct minutes for two calls at the same time. Minutes will be deducted for all time during which your Straight Talk phone is connected to, or using, the wireless system of any Carrier. Use of a wireless system typically begins when you press the “send”, “call” or other button to initiate or answer a call and does not end until you press the “end” button or the call is otherwise terminated. Minutes are deducted for all incoming and outgoing calls, including calls to toll free numbers, 411, 611, *611, Customer Care, and to access your voice mail. Minutes are not deducted for calls to 911. For outbound calls, minutes will be deducted for incomplete and/or busy-no answer calls. There is no additional deduction for nationwide long distance or for 411 calls. International long distance is not available on any Straight Talk phone. Any attempt to place an international long distance call may result in service deactivation and termination of your account. You will not receive a refund if your service is deactivated and/or your account is terminated as a result of your violation of these terms and conditions. You may purchase International long distance service to certain destinations through Straight Talk’s International Long Distance Service program.
Text Messaging: Straight Talk Service does not allow international text messaging except on certain limited phones as described in the phone packaging (currently available with specially marked phones sold by Straight Talk). Attempting to send international messages where not permitted or supported could result in Service deactivation. In the event of a deactivation, your minute, text and data balance previous to deactivation will be cleared from the account.
Please note that Straight Talk does not participate in Premium SMS services or campaigns. Premium SMS refers to activities that usually involve sending a text message to a designated “short code” or buying or attempting to buy SMS services from anyone other than Straight Talk. Premium SMS campaigns include activities such as casting a vote, expressing your opinion, playing a game, subscribing to a service, or interactive television programs. You should not attempt to participate in Premium SMS campaigns, unless it is a Straight Talk authorized campaign. Any charges you may incur as a result of an attempt to participate in Premium SMS services or campaigns (not authorized by Straight Talk) are not refundable. Some Straight Talk Phone Models do not support text messaging to e-mail addresses.
4. REFILLING YOUR STRAIGHT TALK SERVICE
a. Your Straight Talk Product will only operate when your Service is active and you have a positive Service balance in your account (Services may include minutes, texts, data and Service days depending upon the Product). Minutes, texts, data and Service days do not have cash value and do not accumulate. Straight Talk Services are non-refundable. No refunds or discounts will be given for (i) unused Service balances that expire by your Service End Date; (ii) unused Service balances on your Straight Talk phone if it is lost or stolen; or (iii) Services purchased that are not compatible or supported by your Straight Talk phone. Any unused Service Balance(s) that exist at the time you refill your Service and/or at your Service End date will not carry over or accumulate. Customers whose Straight Talk phones are not data-enabled or that cannot use Mobile Web Access will not receive a discount or refund for the unused data service.
b. Service End Date: Your “Service End Date” is the last day of your Service period. When you refill Services on your phone, your Service End Date will be reset to the number of Service Days on your refilled plan or service card. Some Straight Talk phone models may not display your “Service End Date.” You can find your Service End Date by visiting straighttalk.com, go to “Support” tab, and click “Check Balance / Service End Date.”
c. Straight Talk Reserve: With Straight Talk Reserve, you may purchase and add a Straight Talk Service Plan to your Straight Talk Reserve to be automatically applied on your Service End Date, or, if you are on the All You Need Plan, at your option as and when needed. You may access your Service Plans in your Straight Talk Reserve at any time through “My Account” found at straighttalk.com. All Unlimited Service Plans you redeem are automatically added to your Straight Talk Reserve and will be applied on your Service End Date. When redeeming an All You Need Plan, you will be prompted to apply the Service Plan immediately or to place it in your Reserve to be added on your Service End Date. If you elect to add the Service Plan to your Reserve, the Service Plan will be placed in your Straight Talk Reserve where it can be applied at any time or prior to your Service End Date by visiting “My Account.” If you are an Auto-Refill customer and have decided to add a Service Plan to your Straight Talk Reserve, the Service Plan in Reserve will take precedence over your Auto-Refill and will be applied before an Auto-Refill purchase is processed.
d. Straight Talk Auto-Refill: You may enroll by registering your credit or accepted debit card (with Visa or MC logo) at straighttalk.com and you will receive a recurring charge to your credit or accepted debit card on your Service End Date each month which will automatically refill your Straight Talk service with the Straight Talk Plan you select. **Please note: Your Auto-Refill is determined by the last plan or card you have added to your Straight Talk phone. For example, if you purchase a 3 month Service Plan, your Auto-Refill will occur every 3 months. To change this, you must call Customer Care and speak with one of our Customer Care representatives. If you have any Service Plans or Cards in your Straight Talk Reserve, those cards will be applied first before an Auto-Refill purchase is processed. Once you have used all Straight Talk Service Plans in your Straight Talk Reserve, the Auto-Refill purchases will resume.
e. Straight Talk Service Plan Cards: Straight Talk Service Plans are available at Walmart stores and online at straighttalk.com and walmart.com. You may be charged applicable taxes and fees at the time of purchase in certain areas. Each Straight Talk Service Plan comes with a specified amount of Service (minutes, texts, data and Service days) as disclosed with each Service Plan. Service begins on the day you add the Services to your Straight Talk phone. Once your Service is active, all subsequent Unlimited Service Plans you redeem will be placed in your Straight Talk Reserve and will be automatically applied to your phone on your Service End Date. Service Plans do not expire except as specifically permitted by law.
f. Refilling Your Account before Service End Date for All You Need Plans: All You Need customers may refill their Service balance prior to their Service End Date by purchasing a Service Plan online at straighttalk.com or calling 1-877-430-CELL (1-877-430-2355), or buying a Service Plan Card at a retailer location and using the Service Plan Card PIN to refill the account at straighttalk.com. If you refill your account with an All You Need Service Plan prior to your Service End Date and you elect to apply the Service Plan immediately instead of placing it in your Reserve, you will lose any unused Service balances (including any remaining minutes, texts, data and Service days) and your account will be reset with the refill amount of the new Service Plan. If you have Service Plans in your Straight Talk Reserve those plans will take precedence over Auto-Refill purchases. Auto-Refill will automatically resume once you have used up all the Service Plans in your Straight Talk Reserve. All data capable phones with a web access portal powered by Straight Talk will have an option titled Refill my account. This feature allows customers to add an airtime pin. All the customer must do is click on Refill my account from this feature, have his service pin handy and follow the prompts. In the event you choose to use this option, data usage will be deducted if you are an All You Need customer. The Refill my account feature may not be available in all phone models.
g. Refilling Your Account before the Service End Date for Unlimited Plans: On some Android phones, a Straight Talk App is available that will allow customers with Unlimited Service (including Unlimited International Service) to refill their Service prior to their Service End Date. Doing so, however, will reset your service account and you will lose all unused Services balances. Unlimited Customers who add an Unlimited Plan with International Long Distance Service may also add the plan to their account prior to the Service End Date. Doing so will reset your service account and you will lose all unused Services balances.
h. Refilling Your Account after Service End Date: If you do not buy and add a new Service Plan prior to your Service End Date, your Straight Talk Service will be deactivated on the Service End Date and you may lose your telephone number. If your Straight Talk phone is deactivated for failure to add a Service Plan before the Service End Date, you will need to provide your Straight Talk wireless phone’s IMEI/MEID DEC number in order to reactivate your service. If you have a phone with a prepaid engine, you can add an airtime card from this prepaid area. The prepaid engine is accessible from your phone display. Select the menu option and a selection titled “Prepaid” will display. You may add an airtime pin by selecting “Add Airtime” and following the prompts. This feature may not be available in all phone models. Please note that Straight Talk does not provide refunds for unused minutes, texts or data.
i. Credit card fraud is a criminal offense. At Straight Talk, we use automated and manual systems to obtain and confirm proper credit card authorization. Information related to fraudulent transactions, including but not limited to IP addresses, detailed call records, transaction data and email addresses is collected and may be provided to appropriate law enforcement officials to assist in the prosecution of any persons attempting to commit fraud in connection with their purchases and other transactions on the Straight Talk website.
j. You must notify us in writing of any disputed charges within sixty (60) days of the charges or you will have waived your right to dispute the charges.
5. STRAIGHT TALK MOBILE WEB SERVICES
a. With certain Straight Talk phone models, you can access the internet (“Mobile Web”) and purchase ringtones, graphics and applications from the Straight Talk Mobile Web Shop and from other third party websites (purchased ringtones, graphics and applications are collectively referred to as “Web Content”). With BYOPtm products and certain smart phones, you may access the Mobile Web directly through any compatible web browser.
b. Accessing Mobile Web Services and Purchasing Web Content: Unless you are on an Unlimited Service Plan or using Wi-Fi, each time you access the Mobile Web through your Straight Talk phone’s browser, your data balance in your Straight Talk phone will be debited for that usage (“Access Charges”). Access Charges are deducted in full kilobyte increments. Access Charges begin when your Straight Talk phone connects to the Mobile Web. This should occur after you open your browser, send or receive a multimedia message (for example, a digital photo), initiate a content download, or if Mobile Web Access is initiated for any other purpose. Access Charges end when the connection to the Mobile Web Service terminates. This should occur shortly after you close your browser, successfully receive or send a multimedia message, after a successful content download or when you exit a Mobile Web session. The Mobile Web Access duration and the related Access Charges are NOT determined from the exact moment you press a button on your Straight Talk phone to open or close the browser.
c. Unless you are on the Unlimited Service Plan or you are on Wi-Fi, there is always an Access Charge associated with accessing the Mobile Web, sending or receiving a picture message and downloading content. Total Access Charges will depend on the size of the content and the actual time it takes to download or transmit the content or multimedia message. Any Web Content you buy and download may only be used or viewed on the Straight Talk phone for which the Web Content was purchased and cannot be transferred to any other device, including a new or replacement Straight Talk phone. Web Content purchases are non-refundable and non-transferable.
d. Availability, Interruptions and Discontinuation of Mobile Web Service: Straight Talk does not guarantee the availability of Mobile Web Service in your network coverage area at any time and reserves the right to modify, suspend, interrupt, discontinue or permanently cancel Mobile Web Service, or portions thereof, without notice. Mobile Web Service is not available outside of your coverage area. Straight Talk is not responsible and will not be liable for any modifications, interruptions or discontinuation of Mobile Web Service or for your failure to receive any purchased Web Content. If Mobile Web Service, or any part thereof, is modified, interrupted, discontinued or cancelled, Straight Talk will NOT issue any refunds or reimburse you for any remaining used or unused Services. If you cancel, or attempt to cancel a web download, subscription purchase or a multimedia message in progress, or if this process is otherwise interrupted through no action on your part, data usage may nevertheless be deducted.
e. Straight Talk Mobile Web Service is provided on an “AS IS” and “AS AVAILABLE” basis. Straight Talk does not warrant that the Mobile Web Service will be uninterrupted or error or virus-free. No warranty of any kind, either express or implied, including but not limited to warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose, is made in relation to the availability, accuracy, reliability, information or content of the Mobile Web Service. You expressly agree and acknowledge that the use of the Mobile Web Service is at your sole risk and that you may be exposed to content from various sources that may be harmful or malicious.
f. Downloadable Third Party Web Content and Applications: You may download free and purchased Web Content and applications (“Web Content/Apps”) from third parties that are unrelated to Straight Talk. If you are not on an Unlimited Plan or using Wi-Fi, data will be deducted from your data balance. For such third party downloads, Straight Talk is not responsible for the Web Content/Apps, including download, installation, use, transmission failure, interruption, or delay, or any content or website you may be able to access through the Web Content/Apps. Any support questions for these Web Content/Apps may be directed to the third party seller. When you use, download or install Web Content/Apps sold by a third party seller, you may be subject to license terms between you and third parties. Straight Talk is not responsible for any third party content, advertisements, or websites you may access using your phone.
h. Information on Phones: Your Phone may contain sensitive or personal information. Straight Talk is not responsible for any information on your phone, including sensitive or personal information, data or photographs. If possible, you should remove or otherwise safeguard any sensitive or personal information, data and photographs when your phone is out of your possession or control, including, but not limited to, relinquishing, exchanging, returning or recycling your phone. By submitting your phone to us, you agree that our employees, contractors or vendors may access all of the information on your phone.
i. Non-Rated Content: Straight Talk Mobile Web Services content is NOT rated or filtered and you are solely responsible for the use of such material, which may be offensive or objectionable to you or to others. You agree not to hold Straight Talk liable for any offensive or objectionable content.
j. Straight Talk Mobile Web Service is for individual use only and may not be offered for resale. Straight Talk reserves the right to take measures to protect the Carrier’s networks and other users from harm, compromised capacity or degradation in performance. These measures may impact your Service, and we reserve the right to deny, modify or terminate Service, with or without notice, to anyone we believe is using the Straight Talk Service and/or Mobile Web Services in a manner that adversely impacts the Carrier’s network. We may monitor the compliance of subscribers, with these Terms and Conditions, but we will not monitor the content of your communications except as otherwise expressly permitted or required by law.
k. Straight Talk Service is not intended for use by children. In the event that you, as a legal guardian allow your child to use the Services, you acknowledge that your child has the permission to access the Straight Talk Mobile Web Service, including, without limitation, email and web browsing capabilities. You further acknowledge that as a legal guardian, it is your responsibility to determine whether use of the Straight Talk Mobile Web Service is appropriate for your child. If you browse with the Straight Talk Mobile Web Service, you agree that you are of the minimum legal age to visit certain sites and you agree not to visit any illegal sites. Availability and reliability of Straight Talk Mobile Web Services is subject to transmission limitations, and your actual device speed may vary from time to time. Not all websites will be available with the Straight Talk Mobile Web Service. Access to certain websites may be blocked or unavailable due to carrier or other restrictions.
6. STRAIGHT TALK UNLIMITED PLANS INTENDED USE
a. Straight Talk Unlimited Talk, Text and Data Plans, or unlimited text messaging services may ONLY be used with a Straight Talk handset or SIM Card for the following purposes: (i) Person to Person Voice Calls (ii) Text and Picture Messaging, and (iii) Internet browsing and ordinary content Downloads. The Straight Talk Unlimited Plan MAY NOT be used for unauthorized uses that adversely impact our service. Examples of unauthorized uses include, without limitation, the following: (i) continuous uninterrupted mobile to mobile or mobile to landline voice calls; (ii) automated text or picture messaging to another mobile device or e-mail address; (iii) uploading, downloading or streaming of uninterrupted continuous video; (iv) server devices or host computer applications, including, but not limited to, Web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections or peer-to-peer (P2P) file sharing; or (v) as a substitute or backup for private lines or dedicated data connections. A person engaged in unauthorized uses may have his/her service throttled and/or terminated. In some circumstances, Customers may be provided notice and an opportunity to take corrective action with respect to unauthorized uses before their service is terminated.
b. Unlimited voice services may not be used for monitoring services, data transmission, transmission of broadcasts, transmission of recorded material, interconnection to other networks, telemarketing activity or autodialed calls or robocalls. Straight Talk reserves the right to cancel or deactivate service, and/or reduce data throughput in order to protect the Carrier’s network from harm due to any cause including, without limitation, the excessive and/or unauthorized use of Straight Talk service. Straight Talk reserves the right to limit or reduce data throughput speeds or the amount of data transferred, and to deny or terminate Service, to anyone Straight Talk believes is using the Straight Talk Unlimited Talk, Text and Data Plan in an unauthorized manner or whose usage, in Straight Talk’s sole discretion, adversely impacts the Carrier’s network or customer service levels. Straight Talk will presume you are engaging in an unauthorized use in violation of these Terms and Conditions if in Straight Talk’s sole opinion, you are placing an abnormally high number of calls, or repeatedly placing calls of unusually long duration, or if your talk, text or Mobile Web usage is harmful or disruptive to the Carrier’s network or service levels. If we determine, at our sole discretion, that you are using an unlimited service in violation of the Straight Talk Terms and Conditions of Service, or in any other manner that we deem to be unreasonable or excessive, then we may terminate individual calls, terminate or reduce the speed of data connection throughput, Mobile Web Access or terminate your service, decline to renew your service, or offer you a different service plan with no unlimited usage component.
c. Straight Talk may discontinue providing Service to you, discontinue your account, terminate data connections and/or reduce data throughput speeds for customers whose usage, in the sole judgment of Straight Talk: (1) appear likely to generate abnormally high call volumes or Mobile Web Access and data usage and/or abnormally long average call lengths or Mobile Web Access and data usage as compared to the usage of other Straight Talk customers; (2) may be harmful, disruptive, or interfere with the Carrier’s network, Straight Talk’s service or the ability to provide quality service to other customers. For a detailed description of activities that could result in reductions in data service speeds or service interruption or termination, see the beginning of this Paragraph 6. By initiating Service and placing or receiving calls, you acknowledge and agree to Straight Talk’s right to terminate your Service under these circumstances.
d. Straight Talk may modify or cancel any Service or take corrective action at any time without prior notice and for any reason, including but not limited to your violation of this agreement.
f. Straight Talk Service is not intended for use by children. In the event that You, as a legal guardian allow your child to use the Services, You acknowledge that your child has the permission to access the Service. You further acknowledge that as a legal guardian, it is your responsibility to determine whether use of the Straight Talk Service is appropriate for your child
7. SERVICE AREA MAPS AND COVERAGE MAPS
You will find Service Area Maps and Coverage Maps on our website. These maps are for general informational purposes only. The coverage maps depict the general coverage area of Straight Talk. The coverage maps are not a guarantee of coverage. Coverage is not available everywhere. The coverage maps display only the predicted and approximate optimal wireless coverage for voice calls, while outdoors, of the network on which your phone may be activated including the coverage area of the network’s roaming partners, if applicable. The coverage areas shown do not guarantee service availability, and may include locations with limited or no coverage. Within coverage areas, there may be significant limitations or interruptions in coverage that may impact service and result in dropped and blocked connections, slower Mobile Web Service and data speeds or no Mobile Web Service or data connectivity and call interference. This could occur due to many factors including your device, network changes, network traffic volume, network outages, technical limitations, signal strength, the terrain and your proximity to buildings, foliage and other obstructions, weather and other conditions. You will not be able to operate your phone or make 911 calls if service is not available. Some features on your device may not operate when roaming on the network of a network roaming partner. If you travel outside of your coverage area, your phone will not work. The coverage depicted on the Straight Talk coverage maps is based on the information provided by other carriers and public sources and we cannot guarantee their accuracy. Coverage maps for your network may also vary based on your home location so please refer to our website for the most up-to-date coverage map applicable to your device and geographic area. Your coverage will also vary based upon the Straight Talk plan you select. Straight Talk is not responsible for any Service outages, interruptions in service or decline in the quality of service regardless of the cause.
Roaming occurs when a subscriber of one wireless service provider uses the network facilities of another wireless service provider. Roaming usually occurs when a subscriber places or receives a call while outside of the network coverage area of their wireless service provider.
Service on the CDMA Network : If your Straight Talk Service is on the CDMA network, your Straight Talk phone will not roam when you are outside of the Straight Talk CDMA network coverage area.
Service on the GSM Network : If your Straight Talk Service is on the GSM network, your Straight Talk Wireless phone may roam when you are outside of the Straight Talk GSM network coverage area. When your Straight Talk GSM phone is roaming, Voice and SMS messaging will continue to be available to you at no additional charge. Mobile Web Services access will not be available while you are roaming outside of the Straight Talk GSM Network coverage area. When your GSM Straight Talk Phone is roaming, an indicator light on your handset may display the word “Roam” or “RM” on the screen while the phone is not in use.
International Roaming is strictly prohibited. You will not be able to make or receive calls on your Straight Talk phone if you are traveling outside of the United States. Any attempt to place or receive a call on your Straight Talk phone while traveling outside of the United States could result in service deactivation and account termination without a refund for unused service. Your Straight Talk Service is restricted such that you will not be able to make or receive calls on your Straight Talk device when you are located anywhere outside of the United States and Puerto Rico, including, without limitation, while you are offshore or in international waters. Any such calls are considered unauthorized usage by Straight Talk for which your Service will be immediately suspended and your account deactivated without refund.
9. EMERGENCY CALLS
If you are in an area where your Straight Talk phone is searching for a wireless signal or there is no wireless signal or wireless service, it is highly probable that a call to 911 will not go through. Do not rely solely on your Straight Talk phone in an emergency situation. In an emergency, locate the nearest landline phone and call for help.
10. LIMITATIONS OF SERVICE AND USE OF EQUIPMENT
Service is subject to transmission limitations caused by certain equipment and compatibility issues, atmospheric, topographical and other conditions. Further, service may be temporarily refused, limited, interrupted or curtailed due to system capacity limitations, technology migration or limitations imposed by the Carrier, or because of equipment modifications, upgrades, repairs or relocations or other similar activities necessary or proper for the operation or improvement of the Carrier’s radio telephone system. Mobile Web Services are available only while the subscriber is in the Straight Talk CDMA coverage area (if on the CDMA network) or the GSM network coverage area (if on the GSM network). Straight Talk reserves the right to substitute and/or replace any Straight Talk equipment (including phones) with other Straight Talk equipment including phones of comparable quality. Some functions and features referenced in the User Guide provided with your Straight Talk phone may not be available on your Straight Talk phone. Straight Talk does not warrant or guarantee availability of network or of any Services at any specific time or geographic location or that the Services will be provided without interruption. Neither Straight Talk, nor any Carrier, shall have any liability for Service failures, outages or limitations of Service. Because of the risk of being struck by lightning, you should not use your Straight Talk outside during a lightning storm. You should also unplug the Straight Talk power cord and charger to avoid electrical shock and/or fire during a lightning storm.
11. LIMITATION OF LIABILITY
IN NO EVENT SHALL STRAIGHT TALK, ITS EMPLOYEES OR LICENSORS OR AFFILIATES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE, SALES OR DATA; ANY COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; PROPERTY DAMAGE, PERSONAL INJURY, INTERRUPTION OF BUSINESS, OR LOSS OF BUSINESS INFORMATION; OR FOR ANY OTHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, ECONOMIC, COVER, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, OR OTHER THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE ANY STRAIGHT TALK PRODUCT AND/OR SERVICE INCLUDING, WITHOUT LIMITATION, VOICE SERVICE, VOICE MAIL, ANY GPS MAPS, SOFTWARE, MOBILE WEB SERVICES OR OTHER WEB CONTENT, EVEN IF STRAIGHT TALK, OR THEIR RESPECTIVE LICENSORS OR AFFILIATES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITH RESPECT TO JURISDICTIONS THAT MAY NOT ALLOW THE EXCLUSION OF LIABILITY, BUT MAY ALLOW LIABILITY TO BE LIMITED IN SOME CASES, STRAIGHT TALK, ITS EMPLOYEES, LICENSORS AND AFFILIATES’ LIABILITY SHALL BE LIMITED TO U.S. $50.
Your Service may be unavailable, interrupted, delayed or limited for a variety of reasons outside of Straight Talk’s control. Not all plans or Services are available for purchase or use in all sales channels, in all areas or with all devices. There are gaps in service within the Services areas shown on coverage maps, which, by their nature, are only approximations of actual coverage. Straight Talk does not guarantee you uninterrupted service or coverage. We cannot assure you that if you place a 911 call you will be found. Straight Talk will not be liable to you for any actual, direct or indirect, special, incidental, consequential, exemplary or punitive damages of any kind, including lost profits (regardless of whether it has been notified such loss may occur) by reason of any act or omission in its provision of equipment and/or Services or by reason of any interruption in service. Straight Talk will not be liable for any act or omission of any other person or company furnishing a part of our Services or any equipment or for any damages that result from any Service or equipment provided by or manufactured by third parties. In the event a Straight Talk phone is returned to Straight Talk for replacement or repair under warranty or returned for any other reason, Straight Talk is not liable nor responsible for any unauthorized use and/or loss of voice mail, personal information, passwords, contacts, music, ringtones, pictures, videos, applications or other content on the Straight Talk phone.
You agree that neither we nor our vendors, suppliers or licensors are responsible for any damages you may suffer or incur resulting from: (a) anything done or not done by another person; (b) providing or failing to provide Mobile Web Services, including, but not limited to, deficiencies or problems with a phone or network coverage (for example, dropped, blocked, interrupted service, etc.); (c) traffic or other accidents, or any health-related claims relating to our service; (d) Data Content or information accessed while using our service; (e) an interruption or failure in accessing or attempting to access emergency services from a phone, including through 911, Enhanced 911 or otherwise; (f) interrupted, failed, or inaccurate location information services, (g) information or communication that is blocked by a spam filter, (h) damage to your phone or any computer or equipment connected to your phone, or damage to or loss of any information stored on your phone, computer or equipment from your use of the Services or from viruses, worms, or downloads of malicious content, materials, data, text, images, video or audio; or (i) things beyond our control, including acts of God (for example, weather-related phenomena, fire, earthquake, hurricane, etc.), riot, strike, war, terrorism or government orders or acts. You should implement appropriate safeguards to secure your phone, computer or equipment and to back-up your information stored on each.
12. EXCLUSION OF WARRANTIES
NO WARRANTY, EXPRESS OR IMPLIED, IS MADE REGARDING THE CONDITION OR FITNESS OF THE SERVICES OFFERED OR USE OF THE SERVICE FOR ANY PARTICULAR USE OR PURPOSE, INCLUDING WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR NON-INFRINGEMENT. STRAIGHT TALK DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY ON ITS BEHALF AND YOU MAY NOT RELY ON ANY STATEMENT OF WARRANTY AS A WARRANTY BY STRAIGHT TALK. YOU ACKNOWLEDGE THAT OUR SERVICE IS PROVIDED “AS IS” AND STRAIGHT TALK MAKES NO WARRANTY TO YOU OR TO ANY THIRD PARTY WHATSOEVER, DIRECTLY OR INDIRECTLY, EXPRESS, IMPLIED OR STATUTORY, AS TO THE SUITABILITY, DURABILITY, DESCRIPTION, QUALITY, TITLE, NON-INFRINGEMENT, MERCHANTABILITY, COMPLETENESS OR FITNESS FOR USE OR PURPOSE OF THE SERVICE. ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. WE ALSO MAKE NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. WE DO NOT AUTHORIZE ANYONE, INCLUDING, BUT NOT LIMITED TO, STRAIGHT TALK EMPLOYEES, TO MAKE ANY WARRANTIES ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. YOUR USE OF THE STRAIGHT TALK SERVICE IS SOLELY AT YOUR RISK.
You agree to indemnify and hold harmless Straight Talk and TracFone Wireless, Inc. from any and all liabilities, penalties, claims, causes of action, and demands brought by third parties (including the costs, expenses, and attorneys’ fees on account thereof resulting from your use of a Straight Talk phone and/or Straight Talk Services, whether based in contract or tort (including strict liability) and regardless of the form of action.
14. UNAUTHORIZED USAGE OR RESALE
Straight Talk phones and other Products are sold exclusively for use by you, the end consumer, with the Straight Talk Service available solely within the United States. Any other use of your Straight Talk Product including, without limitation, activation and/or use on a network other than Straight Talk, any resale, unlocking and/or reflashing of the handset is unauthorized and constitutes a violation of your agreement with Straight Talk. You agree not to unlock, reflash, tamper with or alter your Straight Talk Phone or Product or its software, enter unauthorized PINs, engage in any other unauthorized or illegal use of your Straight Talk phone or Product or the Service, or assist others in such acts, or to sell and/or export Straight Talk phones or Products outside of the United States. Improper, illegal or unauthorized use of your Straight Talk phone or Product may result in immediate discontinuance of Service and legal action. These acts violate Straight Talk’s rights and state and federal laws. Straight Talk will prosecute violators to the full extent of the law. Straight Talk reserves the right to cancel any Service without notice.
Some Straight Talk wireless phones have SIM cards. If your Straight Talk phone has a SIM card, then you agree to safeguard your SIM card and not to allow any unauthorized person to use your SIM card. You agree not to, and not to allow any other person to, directly or indirectly alter, bypass, copy, deactivate, remove, reverse-engineer or otherwise circumvent or reproduce the encoded information stored on, or the encryption mechanisms of, your SIM card. You may not remove your SIM card or use the SIM card on any other wireless phone. Any violation of the restrictions on the use of your SIM card that are contained in this section may result in the immediate termination of your service without notice. The Carriers, TracFone Wireless, or its service providers, may, from time to time, remotely update or change the encoded information on your SIM card.
Straight Talk phones are designed to be used only with Straight Talk Service. Under some circumstances, you may be eligible to have your Straight Talk phone reprogrammed to work with another carrier, but you must contact us to do so. Not all Straight Talk phones are capable of being reprogrammed.
In the event of suspension for any other unauthorized usage, You will forfeit unused airtime and service and you will not be entitled to receive a refund for your phone or for any unused airtime and service.
15. DISPUTE RESOLUTION
Most customer concerns can be resolved quickly and to the customer’s satisfaction by contacting Customer Care at 1-877-430-2355. Before taking any formal action, You agree to first contact us in writing and provide a description of your dispute, all relevant documents, and your proposed resolution. If we are unable to resolve your dispute within 30 days of your notice to us, You agree to submit your dispute to binding arbitration or small claims court as set forth in this provision. Please forward your dispute to TracFone Wireless, Inc., Attn: Legal Department-Consumer Claims, 9700 NW 112 Avenue, Miami, FL 33178.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF ALL DISPUTES AND CLAIMS (INCLUDING ONES THAT ALREADY ARE THE SUBJECT OF LITIGATION) THROUGH BINDING ARBITRATION INSTEAD OF SUING IN COURT IN THE EVENT THAT THE PARTIES ARE UNABLE TO RESOLVE A DISPUTE OR CLAIM. ARBITRATION IS BINDING AND SUBJECT TO ONLY A VERY LIMITED REVIEW BY A COURT. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF TRACFONE’S AGREEMENT WITH YOU. YOU AGREE THAT YOU ARE AWARE THAT THERE IS NO JUDGE NOR JURY IN ARBITRATION BUT THAT AN ARBITRATOR MAY AWARD YOU THE SAME DAMAGES AND RELIEF THAT YOU MAY BE ABLE TO RECOVER IN A COURT OF LAW. YOU AND TRACFONE FURTHER AGREE THAT THE ARBITRATOR MUST HONOR THE TERMS OF THIS AGREEMENT. NOTWITHSTANDING THE FOREGOING, EITHER PARTY MAY BRING A CLAIM IN SMALL CLAIMS COURT.
This provision is intended to encompass all disputes or claims arising out of your relationship with TracFone, arising out of or relating to the Service or any equipment used in connection with the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory). References to You and TracFone include our respective subsidiaries, affiliates, predecessors in interest, successors, and assigns.
All claims will be resolved by binding arbitration where permitted by law. You must first present any claim or dispute to TracFone by contacting our Legal Department, as set out above, to allow an opportunity to resolve the dispute prior to initiating arbitration. The arbitration of any dispute or claim shall be conducted in accordance with the American Arbitration Association (“AAA”) under the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”), as modified by this agreement. The AAA Rules are available online at www.adr.org, by calling the AAA a 1-800-778-7879, or by contacting TracFone’s Legal Department as set out above. You and TracFone agree that use of the Service evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law. Additionally, for claims of $10,000 or less, You can choose to proceed with arbitration being decided on the documents submitted in an effort to minimize costs and the time it may take for an arbitrator to reach his or her decision.
You and TracFone agree that any arbitration will be conducted on an individual basis and not on a consolidated, class wide, or representative basis. Further, You and TracFone agree that the arbitrator may not consolidate proceedings or more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If the preclusion of consolidated, class wide, or representative proceedings is found to be unenforceable, then this entire arbitration clause shall be null and void.
Absent a finding that your demand is frivolous, brought for an improper purpose, or malicious as set forth by the standards of Federal Rule of Civil Procedure 11(b), TracFone will pay the filing, administration, and arbitrator fees of an arbitration initiated in accordance with this Agreement. If, however, the arbitrator does deem that your demand was frivolous, was brought for an improper purpose, or was malicious under the same standard used in a court of law, payment of all fees will be divided between You and TracFone in accordance with AAA Rules. Additionally, TracFone hereby waives any right to seek its attorney’s fees from You in the event that it prevails in the arbitration, except where your demand is deemed frivolous, brought for an improper purpose, or malicious under the standard set out above. Nothing in this section shall be construed by an arbitrator as barring an award of attorney’s fees to You, the customer, where the law would so provide. If You initiate an arbitration in which You seek more than $50,000 in damages, the payment of fees will be governed by the AAA rules.
If TracFone made You a settlement offer that You rejected prior to entering arbitration and the arbitrator ultimately finds in your favor in any respect with an award that is greater than the last written offer made to You by TracFone, TracFone will pay You the amount of the award or a minimum of $5,000, whichever is greater. Additionally, TracFone will pay your attorney twice the reasonable expense of attorney’s fees as well as reimbursing any expenses that your attorney reasonably incurs for investigating, preparing, and pursuing your claim. If TracFone opted not to make You a written settlement offer, these same terms apply, meaning that You are guaranteed a minimum award of $5,000 if the arbitrator finds in your favor and that TracFone will reimburse your reasonable attorney’s fees twofold. The arbitrator will be the arbiter of what constitutes reasonable fees, and You and TracFone agree that the arbitrator may make any rulings as to the payment and reimbursement of fees and expenses for an additional 14 days after the arbitrator’s ruling on the merits.
Unless You and TracFone agree otherwise and in an effort to reduce the burden of arbitration on You, the location of any arbitration shall be in the county of your, the customer’s, residence for those customers located within the United States. For customers residing outside of the United States, the location of arbitration shall be Miami, Florida, unless You and TracFone agree otherwise. Either or both parties may participate in the proceedings by telephone. The arbitrator shall apply the law of the State in which You, the customer, reside to the dispute.
If for any reason this arbitration provision is deemed inapplicable or invalid, or to the extent this arbitration provision allows for litigation of disputes in court, You and TracFone waive to the fullest extent permitted by law, (i) any right to pursue any claims on a class or consolidated basis and (ii) your right to serve in a representative capacity in any class or consolidated basis. Neither You nor TracFone shall disclose the existence, contents, or results of any arbitration except to the extent required by law. Judgment on the award rendered may be entered by any court of competent jurisdiction.
In the event that any claim proceeds in a court of law rather than through arbitration, You and TracFone agree that there will not be a jury trial. You and TracFone unconditionally waive any right to a trial by jury in any action, proceeding, or counterclaim arising out of or relating to this Agreement in any way. You and TracFone further agree that in the event of litigation, this section of the Agreement may be filed as an exhibit illustrating a knowing and written consent of any right to a trial by jury.
YOU HAVE THE RIGHT TO OPT OUT OF THIS PROVISION COVERING DISPUTE RESOLUTION BY BINDING ARBITRATION WITHIN 30 DAYS OF THE ACTIVATION OF YOUR SERVICE. IN THE EVENT YOU ACTIVATE SERVICE WITH TRACFONE AND DO NOT OPT OUT OF THIS PROVISION WITHIN 30 DAYS, YOUR INACTION SHALL BE DEEMED TO BE CONSENT TO THIS PROVISION COVERING DISPUTE RESOLUTION. YOU MAY OPT OF THIS PROVISION BY CALLING US AT 1-877-430-2355 OR BY WRITING TO TRACFONE WIRELESS, INC., ATTN: LEGAL DEPARTMENT-CONSUMER CLAIMS, 9700 NW 112 AVENUE, MIAMI, FL 33178. ANY OPT-OUT RECEIVED AFTER THE OPT-OUT DEADLINE (OR, IN THE CASE OF THOSE MAILED, POSTMARKED AFTER THE OPT-OUT DEADLINE) WILL BE INVALID, AND YOU MUST PURSUE YOUR CLAIM IN ARBITRATION.
16. CHOICE OF LAW
This Agreement shall be construed under the laws of the law of the State in which you reside without regard to its choice of law rules, except for the arbitration provision contained herein, which will be governed by the Federal Arbitration Act. If you reside outside of the United States, then this Agreement will be governed by the laws of the state of Florida.
18. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between You and TracFone Wireless, Inc. with respect to any Straight Talk Product and/or Service. The failure of either party to enforce any of the terms set forth herein shall not be construed to be a waiver of any such terms nor in any way affect the validity and enforceability of these Terms. No waiver of a breach of any term shall be deemed a waiver of any other or subsequent breach of a term. In the event any provision contained in this Agreement is deemed unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.
II. ADDITIONAL TERMS AND CONDITIONS FOR STRAIGHT TALK INTERNATIONAL LONG DISTANCE SERVICE
1. Straight Talk offers its customers international long distance service (“ILD Service”) as an additional feature. These additional terms and conditions apply to customers who purchase and/or use a Straight Talk Service Plan with unlimited international long distance calling or the Straight Talk $10 Global Calling Card. By purchasing or using Straight Talk ILD Service, You accept the additional terms and conditions set forth below as such terms may be updated from time to time on our website.
2. Straight Talk’s ILD Service allows you to place calls to select destinations internationally depending on whether you have purchased an Unlimited International Calling Plan or the $10 Global International Card. To determine if your destination of choice is available please check our website at straighttalk.com/unlimitedinternational. Please be advised that the destinations which are available may change without notice at any time. Straight Talk ILD Service is not a substitute for regular international calling services. It will not allow you to place calls to all destinations or to all countries. Straight Talk ILD Service excludes calls to certain high cost wireless and landline, non-geographic and premium numbers.
3. Straight Talk Unlimited International Calling Plan. If you have purchased Straight Talk’s Unlimited International Calling Plan, your phone will be allowed to call up to 15 unique destination numbers per 30-day period. The 15 unique destination numbers automatically resets when your next plan cycle begins unless you purchase a new Unlimited International Calling Plan prior to the start of your next plan cycle. If you want to call a destination or telephone number which is not part of Straight Talk’s Unlimited International Calling Plan, you may purchase Straight Talk’s $10 Global Calling Card. Please visit our website to learn more about the specific features of Straight Talk’s Unlimited International Calling Plan. If you have purchased an Unlimited International Calling Plan, your ILD Service will only work if you have Service Days left in your plan cycle. If your plan cycle has ended, you will need to purchase and redeem a new Straight Talk Unlimited International Calling Plan to renew your unlimited ILD Service.
4. Straight Talk $10 Global International Calling Card. Straight Talk also offers a $10 Global Calling Card that must be used with another Straight Talk Service Plan in order for it to work. You may add or refill your ILD Service balance in $10 increments by purchasing a $10 Global Calling Card from Straight Talk directly by calling Customer Care or visiting our website. Your ILD Service will only work when Straight Talk Service is active and when you have a positive balance in your Account. If you have purchased a $10 Global Calling Card, you will not be limited in the number of destination numbers you may call. However, the Straight Talk phone number you provide when purchasing a $10 Global Calling Card will be the only number that is permitted to dial internationally. You will not be able to transfer your ILD Service to another phone number.
5. The applicable rates to specific countries, regions or cities for customers who have purchased a $10 Global Calling Card are available online at straighttalk.com/internationalcalling. All rates are subject to change at any time without prior notice. Calls are billed in one-minute increments. Straight Talk’s $10 Global Calling Card expires 180 days after last use or 30 days after your Straight Talk Service is suspended. You are responsible for preventing the unauthorized use of your Account and the Service, and You are responsible for any reduction in value of your Account arising out of authorized and unauthorized use.
6. Straight Talk ILD Service may be provided by other carriers, many of whom may not have a direct contractual relationship or service level agreements with Straight Talk. ILD Service provided by these third parties may not be the same as service provided in the United States or by other international long distance carriers. Events beyond our control may affect the availability and/or quality of service. No representation or warranty, express or implied, is made regarding the number of minutes available for calls to a particular country or, after having placed a call, the remaining number of minutes available for calls to any particular country.
7. Straight Talk ILD Service is intended for live dialogue between and initiated by two individuals for personal use and not for commercial use or resale. Personal use is defined as a call originated or received by a Straight Talk customer to initiate conversation between two individuals one of which is talking from a landline or wireless international destination. It may not be used for any other purpose including, but not limited to, conference calling, monitoring services, data transmissions, transmission of broadcasts, transmission of recorded material, interconnection to other networks, telemarketing, autodialed calls, other commercial uses, or other connections that do not consist of uninterrupted live dialogue between two individuals. The service is not for commercial use or resale. Loaning or renting your handset (mobile phone or cell phone) or service to other persons for their use or calling, hosting, establishing or maintaining a chat line is not considered personal use. We will presume a customer is engaged in non-personal use in violation of our terms and conditions if their international long distance calling usage exceeds three times the average usage of our ILD Service subscriber base, and we reserve the right to suspend, terminate or restrict your services with no prior notice.
8. Straight Talk will presume certain usage, dialing or calling patterns to indicate that you are using the ILD Service in violation of these Terms and Conditions and we reserve the right to suspend, terminate or restrict your Straight Talk Service without prior notice. If you believe that we are in error, please contact Customer Care at 1-877-430-2355 and depending on the circumstances, we may reactivate your ILD Service. If, however, your usage, dialing or calling patterns continue to violate these Terms and Conditions, we reserve the right to suspend, terminate or restrict your Straight Talk Service with no prior notice. You will not receive a refund if your service is terminated for violating these terms and conditions.
9. You agree not to use Straight Talk’s ILD Service for any unlawful, abusive, or fraudulent purpose, including, for example, using the Service in a way that (a) interferes with our ability to provide the ILD Service to you or to other customers; (b) violates applicable law or this Agreement; (c) avoids your obligation to pay for the Service; or (d) is not for consumer use. You agree not to resell your Straight Talk ILD Service or to use your ILD Service for any unlawful or abusive purpose or in such a way as to create damage or risk to our business, reputation, employees, facilities, third parties or to the public generally.
10. Straight Talk ILD Service is not intended for intrastate dialing in the US, to place calls to area codes 500, 700, 800, 888, 877, 866, 855, 900, 976, 411 or 555, nor to place certain toll-free, operator-assisted, third-party billed, directory assistance or collect calls.
11. Call times for each call are rounded up to the next whole minute and billed in full minute increments. Per call charges are rounded up to the next whole penny. You will be charged for calls based upon the rates that are effective as of the date and time you place the call.
12. You are responsible for safeguarding your ILD Service and Account information. Straight Talk is not responsible for and will not issue credit for unauthorized use.
III. ADDITIONAL TERMS AND CONDITIONS FOR STRAIGHT TALK WIRELESS HOME PHONE
1. Straight Talk Wireless Home Phone is a wireless voice service offered by Straight Talk for use indoors with a landline or cordless phone. You must connect your Straight Talk Home Phone to a corded or cordless phone within your home in order to use the Service.
2. IMPORTANT 911 EMERGENCY RESPONSE INFORMATION: Your Straight Talk Home Phone is designed to operate indoors only. The GPS chip in the Home Phone will work best if you place it near a window or other opening to the exterior of the premises. In the event of an emergency call to 911, you should be prepared to provide your address and exact location inside the premises. Do not rely solely on your Straight Talk Wireless Home Phone in an emergency situation. In an emergency, locate the nearest landline phone and call for help.
3. Please note if the landline or cordless phone to which you connect your Straight Talk Home Phone requires external electric power to operate, your Service (including the ability to make and receive 911 calls) will not be available during a power outage. Straight Talk shall not be liable for any service outages and/or your inability to access 911 emergency service personnel for any reason.
4. You are responsible for assessing whether the coverage available where you place your Straight Talk Home Phone indoors is acceptable to You in connection with your use of Straight Talk Wireless Home Phone service. Your Straight Talk Home Phone requires at least moderate coverage throughout the indoor premises where you are using the phone in order to successfully use the Service. Regardless of the coverage available, your Straight Talk Home Phone is not equivalent to traditional landline phone service.
5. Your Straight Talk Home Phone is not designed to operate independently. It must be connected to landline or cordless telephone in order to operate. Do not connect any USB-based device into the USB port of your Straight Talk Home Phone under any circumstances. Doing so may damage your equipment and cancel the warranty. The USB port is designed for diagnostic purposes only and is not intended for customer use.
6. You must purchase a monthly Home Phone Service Plan in order to activate your Straight Talk Home Phone service. Before you can use your Service, you must register and activate the equipment. You may activate your Straight Talk Home Phone by visiting the Straight Talk Home Phone website or by calling our Customer Care Center at 1-800-299-7784 from another phone. During the activation process, you will have an opportunity to register your account. If you elect not to do so, you may not be able to obtain copies of your call detail records except upon service of a valid Subpoena or a Court order.
7. STRAIGHT TALK SERVICE PLANS: Straight Talk Wireless Home Phone offers monthly Service Plans which include unlimited nationwide calling and/or unlimited international calling (includes international calling to certain select destinations) depending on the Service Plan you purchase. Straight Talk Home Phone customers who have purchased a Service Plan without unlimited international calling may purchase a $10 ILD Card to make international calls using their Home Phone. To determine if your destination of choice is available please check our website and read the terms above for more information on Straight Talk’s $10 Global ILD Card. Please note that unlimited Service Plans do not track “per minute” usage for nationwide calls. The Plans are subject to certain limitations as set forth in these terms and conditions below. For more information regarding Service Plans and their offerings, including a list of available international destinations, please visit our website.
8. Data service is not available with Straight Talk Wireless Home Phone. Straight Talk Wireless Home Phone is not compatible with home security systems, fax machines, DVR services, credit card machines, medical alert services or High Speed or DSL Internet services.
9. The Service cannot be used to place certain types of calls such as collect calls, operator assisted calls and dial around calls. The Service is not available to place 500, 700, 900 or 976 calls and may not be available for certain other calls.
10. REFILLING YOUR SERVICE: Your Straight Talk Home Phone will only operate when your Service is active and you have a positive Service balance in your account (Services include minutes and Service days). Minutes and Service have no cash value and do not accumulate. With each refill you will lose any unused Service balances (including any remaining days and minutes) and your Service Balances will reset with the refill amount of the new Service Plan or Service Card added. Straight Talk Services are non-refundable. No refunds or discounts will be given for unused Service balances (i) when you refill your Service; (ii) that expire by your Service End Date; (iii) on your Equipment if it is lost or stolen; or (iv) for Services purchased that are not compatible or supported by your Equipment. Any unused Service Balance(s) that exist at the time you refill your Service or at your Service End date will not carry over or accumulate.
You may refill your Service as follows:
(1) Straight Talk Auto-Refill: You may enroll in Straight Talk Auto-Refill by registering your credit or accepted debit card (with Visa or MC logo) online at and you will receive a recurring charge to your credit or accepted debit card on your Service End Date each month which will automatically refill your Service with the Plan you select. If you have any Service Plans in Reserve, those cards will be applied first before an Auto-Refill purchase is processed. Once you have used all Service Plans in your Reserve, the Auto-Refill purchases will resume.
(2) Straight Talk Service Plans: Straight Talk Service Plans are available at Walmart stores and online. Service begins on the day you add the Services or, if the Service Plan is placed in your Reserve, on your Service End Date. Service Plans do not expire except as specifically permitted by law.
(3) Straight Talk Reserve: With Straight Talk Reserve, you may purchase and add Straight Talk Service Plans to your Straight Talk Reserve to be automatically applied on your Service End Date. You may access the Service Plans in your Straight Talk Reserve at any time through “My Account.” All Service Plans you redeem are automatically applied at your Service End Date. If you are an Auto-Refill customer and have decided to add a Service Plan to your Straight Talk Reserve, the Service Plan in Reserve will take precedence over the Auto Refill and it will be applied before an Auto Refill purchase is processed.
11. You are responsible for all activities undertaken with your Straight Talk Home Phone. You shall not use, nor permit others to use your Straight Talk Home Phone in a manner or for a purpose contrary to this Agreement.
IV. ADDITIONAL TERMS AND CONDITIONS FOR STRAIGHT TALK MOBILE HOTSPOT AND STRAIGHT TALK BRING YOUR OWN TABLET
1. REGISTERING AND ACTIVATING YOUR HOTSPOT OR TABLET DEVICE:
a. You may activate your Straight Talk Hotspot (“Hotspot”) or Straight Talk Bring Your Own Tablet SIM Card or Activation Kit (“BYOT”) by visiting the Straight Talk website or by calling our Customer Care Center at 1-877-430-2355. You will need to provide an email address in order to activate your Straight Talk Hotspot or BYOT service and you will be prompted for an email address upon registration at Straight Talk’s website. You will use this email address to create and access your account. If You do not have an email address, please contact our Customer Care Center to complete your activation and registration and you will receive an email address for registration purposes. Upon registration, you will have the opportunity to provide your physical address and to set up a password for your account.
b. Your Straight Talk Hotspot or BYOT service can only be activated where Service is available, offered and supported by Straight Talk. The wireless telecommunications networks used to transmit data for the Service are owned and operated by licensed commercial mobile radio service providers (“Carriers”), not Straight Talk. Your Hotspot can only be used through Straight Talk, and cannot be activated with any other wireless service. Your Hotspot or BYOT service will only operate with a Straight Talk Data Service Plan. Plans are subject to change without notice. Services are provided at Straight Talk’s discretion.
c. Some functions and features referenced in the manufacturer’s manual provided with your Straight Talk Hotspot or your tablet may not be available with the Straight Talk service. Not all tablets are compatible with Straight Talk Data Service Plans. Compatible tablets include most GSM or CDMA tablets. Tablets with Wi-Fi functionality only cannot be activated with a Straight Talk Data Service Plan. After activation, you should retain your activation and device materials, and specifications for future reference. You will need these in the event you need to reactivate your Hotspot or BYOT device for any reason.
d. Please note that you have no ownership rights to any IP address or any other identifier associated with your Service and You acknowledge and agree that we may change any such IP address or other identifier associated with your Service at any time without prior notice to You. If you notify us that your Hotspot or BYOT device is lost or stolen, your account will be deactivated and any unused Service balance will be lost and will not be transferred.
2. DATA SERVICE PLANS:
a. For the most recent information on Straight Talk Data Service Plans please visit our website. Plans are subject to change. Data Service Plans are for use with Hotspots and BYOT devices only. All other Service Plans associated with other Straight Talk products will not work with your Straight Talk Hotspot or BYOT device. Plans include data and service days only. Voice, text and messaging services are not provided or included.
b. Plan rates, features, functionality and other product specifications are subject to change without notice or obligation. All data amounts as quoted are approximate. Plans are available at Walmart stores and online. You may be charged applicable taxes and fees at the time of purchase in certain areas. Each Plan comes with a specified amount of data and Service days as disclosed at the time of purchase. Service begins on the day you add the Services to your Hotspot or BYOT device or, if the Plan is placed in your Reserve, then on your Service End Date. Plans do not expire except as specifically permitted by law. See below for more information regarding Reserve.
c. Straight Talk Reserve: With Straight Talk Reserve, you may purchase and add Straight Talk Data Service Plans to your Straight Talk Reserve to be automatically applied on your Service End Date. You may access the Service Plans in your Straight Talk Reserve at any time through “My Account.” All Service Plans you redeem are automatically applied at your Service End Date. If you are an Auto-Refill customer and have decided to add a Service Plan to your Straight Talk Reserve, the Plan in Reserve will take precedence over the Auto Refill and it will be applied before an Auto Refill purchase is processed.
3. HOTSPOT RESTRICTIONS AND LIMITATIONS:
a. While up to five (5) devices may be connected to your Hotspot at one time, a single connected device will experience optimal speeds. Performance will be reduced if multiple devices access data through the Hotspot simultaneously. Actual data speed, availability and coverage will vary based on device capabilities, usage, your location and network availability. Service is not available while roaming.
b. Your Straight Talk Hotspot and BYOT device or service has security limitations. Straight Talk is not responsible for any breach or loss of security from your Straight Talk Hotspot or connected device. Your BYOT device may not be password protected as a default. You are responsible for adding password protection, if available on your device. Some functions and features referenced in the User Guide provided with your Straight Talk Hotspot or device connected to your Straight Talk Hotspot or your BYOT device may not be available.
4. DATA USAGE: Data usage is measured in bytes, kilobytes (KB), megabytes (MB) and gigabytes (GB). Bytes are rounded up to the next KB with rounding occurring during and/or at the end of the data session. All data that is directed to your device’s internet address, including data sessions that You do not initiate or complete, are counted against your data usage. Examples of data that will count as part of your data usage are: sending or receiving email, documents, pictures or other files; multimedia streaming (music and video); file uploads and downloads; gaming services, graphics and applications; web page graphics (including logos, pictures, banners, advertisements and updates to any of the aforementioned); automatic device updates and any other automatic updates; any additional data necessary in order to access, transport and route files on the network; data associated with incomplete or interrupted downloads; and data associated with unsuccessful attempts to upload or download a file, reach a website, use an application or complete an online form or purchase; and any data that is re-sent (such as when refreshing a page or browser). Data usage includes all data that is downloaded, even though You may not have listened to or watched the entire download. The data that is consumed and applied against your data usage is in addition to any charges you may incur for purchased data content (such as the cost associated with purchasing music, games, apps, movies, etc.). The amount of data consumed and calculated as your data usage will vary significantly even with respect to identical actions and data sessions. Estimates of data usage such as the size of downloaded files are not accurate indicators of actual data consumed during a session.
V. STRAIGHT TALK LIMITED WARRANTY
A new Straight Talk Wireless Phone, Home Phone or Hotspot is covered by a one year limited warranty, set forth below, administered by Straight Talk. A reconditioned Straight Talk Wireless Phone (other than an iPhone), Home Phone or Hotspot also has a one year limited warranty provided by Straight Talk and all Straight Talk accessories and reconditioned iPhones have a 90-day limited warranty against defects in materials and workmanship under normal use by the purchaser. You may obtain warranty service directly from Straight Talk.
New Apple products are covered by a one-year Limited Warranty offered and administered by Apple. Please see apple.com for more information.
How to obtain Warranty Service. To obtain warranty service from Straight Talk on a new or reconditioned Product or Straight Talk accessories purchased from Straight Talk or Wal-Mart, please contact Customer Care at 1-877-430-2355. If your problem cannot be resolved over the phone, our Straight Talk technicians will provide you with a Ticket Number, which you will use to send your phone and/or accessories to the designated Straight Talk Service Center for repair or replacement, at Straight Talk’s discretion.
Terms of Limited Warranty. Straight Talk warrants to you, the Customer, that your Straight Talk Wireless Phone, Home Phone or Hotspot (“Product”) is free from defects in material and workmanship that result in Product failure during normal usage, according to the following terms and conditions:
1. The limited warranty for the Product extends for one (1) year beginning on the date of the purchase of the Product.
2. The limited warranty extends only to the original purchaser (“Consumer”) of the Product and is not assignable or transferable to any subsequent purchaser/end-user.
3. The limited warranty extends only to Consumers who purchase the Product in its original packaging from an authorized dealer.
4. During the limited warranty period, Straight Talk will replace or repair, at Straight Talk’s sole option, any defective Products or parts (except as excluded below), or any Products or parts that will not properly operate for their intended use (except as excluded below) with new or refurbished replacement Products or parts if such replacement or repair is needed because of Product malfunction or failure during normal usage. Straight Talk may, at its sole discretion, replace the Product with a refurbished phone of the same model if available, or if not available, of a comparable model of phone. The limited warranty does not cover loss of personal information, passwords, contacts, music, ringtones, pictures, videos, applications or other content, memory cards, software, defects in appearance, cosmetic, decorative or structural items, including framing, and any non-operative parts. Straight Talk’s limit of liability under this limited warranty is the actual cash value of the Product at the time the Consumer returns the Product to Straight Talk for repair, determined by the price paid by the Consumer for the Product less a reasonable amount for usage. Straight Talk shall not be liable for any other losses or damages. These remedies are the Consumer’s exclusive remedies for breach of warranty.
5. Upon request from Straight Talk, the Consumer must prove the date of the original purchase of the Product by a dated bill of sale or dated itemized receipt.
6. The Consumer shall have no coverage or benefits under this limited warranty if any of the following conditions are applicable:
(a) The Product has been subjected to abnormal use, abnormal conditions, improper storage, exposure to moisture or dampness, unauthorized modifications, unauthorized connections, unauthorized repair, misuse, neglect, abuse, accident, alteration, improper installation, or other acts which are not the fault of Straight Talk, including damage caused by shipping.
(b) The Product has been damaged from external causes such as collision with an object, or from fire, flooding, sand, dirt, windstorm, lightning, earthquake or damage from exposure to weather conditions, an Act of God, or battery leakage, theft, blown fuse, or improper use of any electrical source, damage caused by computer or internet viruses, bugs, worms, trojan horses, cancelbots or damage caused by the connection to other products not recommended for interconnection by Straight Talk.
(c) Straight Talk was not advised in writing by the Consumer of the alleged defect or malfunction of the Product within fourteen (14) days after the expiration of the applicable limited warranty period.
(d) The Product serial number plate or the enhancement data code has been removed, defaced or altered.
(e) The defect or damage was caused by the defective function of the cellular system or by inadequate signal reception by the external antenna, or viruses or other software problems introduced into the Product.
(f) The Product is outside of the one (1) year Limited Warranty period.
7. Straight Talk does not warrant uninterrupted or error-free operation of the Product or service. Straight Talk cannot and does not guarantee that your communications will be private or secure; it is illegal for unauthorized people to intercept your communications, but such interceptions can occur. If a problem develops during the limited warranty period, the Consumer shall contact Straight Talk Customer Care for repair or replacement processing of the Product. Straight Talk shall, at its discretion, provide a replacement product that may consist of a refurbished phone of the same model if available, or of a comparable model.
8. You (the Consumer) understand that the product may consist of refurbished equipment that contains used components, some of which have been reprocessed. The used components comply with Product performance and reliability specifications.
9. STRAIGHT TALK EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE. THE FOREGOING LIMITED WARRANTY IS THE CONSUMER’S SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. STRAIGHT TALK SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF ANTICIPATED BENEFITS OR PROFITS, LOSS OF SAVINGS OR REVENUE, LOSS OF DATA, PUNITIVE DAMAGES, LOSS OF USE OF THE PRODUCT OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF ANY SUBSTITUTE EQUIPMENT OR FACILITIES, DOWNTIME, THE CLAIMS OF ANY THIRD PARTIES, INCLUDING CUSTOMERS, AND INJURY TO PROPERTY, RESULTING FROM THE PURCHASE OR USE OF THE PRODUCT OR ARISING FROM BREACH OF THE WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF STRAIGHT TALK KNEW OF THE LIKELIHOOD OF SUCH DAMAGES. STRAIGHT TALK SHALL NOT BE LIABLE FOR DELAY IN RENDERING SERVICE UNDER THE LIMITED WARRANTY, LOSS OF USE DURING THE PERIOD THAT THE PRODUCT IS RETURNED FOR REPLACEMENT OR WARRANTY SERVICE OR FOR THE LOSS OR UNAUTHORIZED USE OF CUSTOMER PASSWORDS, PERSONAL INFORMATION, CONTACTS, PICTURES, VIDEOS, APPLICATIONS, MUSIC, RINGTONES OR OTHER CONTENT.
10. Some states do not allow the exclusion or limitation of incidental and consequential damages, so certain of the above limitations or exclusions may not apply to you (the Consumer). This limited warranty gives the Consumer specific legal rights and the Consumer may also have other rights which vary from state to state.
11. Straight Talk neither assumes nor authorizes any authorized service center or any other person or entity to assume for it any other obligation or liability beyond that which is expressly provided for in this limited warranty including the provider or seller of any extended warranty or service agreement.
12. This is the entire warranty between Straight Talk and the Consumer, and supersedes all prior and contemporaneous agreements or understandings, oral or written, relating to the Product, and no representation, promise or condition not contained herein shall modify these terms.
13. This limited warranty allocates the risk of failure of the Product between the Consumer and Straight Talk. The allocation is recognized by the Consumer and is reflected in the purchase price.
© 2015 TracFone Wireless, Inc.