Terms and Conditions of Service

Internet on the Go Prepaid Mobile Broadband

 

Please review this Agreement carefully

INTRODUCTION. This Agreement (the “Agreement”) sets forth the terms and conditions of service (“Terms of Service”) upon which Internet on the Go (“IOTG”) will provide you prepaid mobile broadband service (“MBB Service” or “Service(s)”). In this Agreement, “you” and “your” mean the customer of the MBB Service and ”IOTG”, ”we”, “our” and “us” mean IOTG and any IOTG affiliate authorized to provide you with the MBB Service.

ACCEPTANCE OF THE IOTG MBB TERMS OF SERVICE. By using the MBB Service, you are agreeing to be bound by all of the Terms of Service contained in this Agreement. If you do not agree to these Terms of Service, you should not use the MBB Service. These Terms of Service govern whether you activate the MBB Service through IOTG directly or whether you do so through a third party. If you do not want to accept the Terms of Service, do not use the MBB Service and contact Internet on the Go customer service at 1-855-925-2666. When you accept the Terms of Service, you represent that you are at least 18 years of age. You may not assign your rights or delegate any of your duties under this Agreement without our prior written consent, and any attempted assignment or delegation without consent is void. Account balances are non-transferable between accounts or devices. We may assign all or part of the Agreement or your debts without notice.

CHANGES TO THE IOTG MBB TERMS OF SERVICE. IOTG reserves the right, from time to time, with or without notice to you, to change any part of the Terms of Service, including but not limited to, rates, plans, charges, how we calculate charges, discounts, coverage, technologies used to provide services or your terms of service in its sole and absolute discretion. The most current version of the Agreement can be reviewed by clicking on the “Terms and Conditions” link located at the Internet on the Go Web site (http://www.internet-go.com/). The most current version of the Agreement will supersede all previous versions. Your use of the MBB Service or continued use of the MBB Service after changes are made means that you agree to be bound by such changes.

SCOPE OF THE MBB SERVICE. MBB Service is provided through a nationwide wireless carrier (“Carrier”), and is only available in geographic areas covered by the digital service network footprint of the Carrier. Notwithstanding any provision of this Agreement that may be to the contrary, it is expressly acknowledged by the parties hereto that the Carrier is an intended beneficiary of the provisions of this Agreement related to MBB Service, including but not limited to provisions related to disclaimer of warranties, limitation of liability, dispute resolution and arbitration.

AVAILABILITY AND USE OF THE MBB SERVICE. Wireless services use radio transmissions and coverage is not available everywhere. Quality of service may be affected by conditions within and beyond Carrier’s control, including atmospheric, geographic, or topographic conditions, or by damage to your device. Neither we nor the Carrier guarantees that MBB Service will be available at any specific time or geographic location, or that MBB Service will be provided without interruption. Any statements or maps provided by us or the Carrier or our 5 representatives, agents or dealers about coverage are intended to provide high-level estimates of coverage areas when using the service outdoors under optimal conditions and do not mean that service will be available under all circumstances, at all times or without interruption. Estimating wireless coverage and signal strength is not an exact science. There are gaps in coverage within the estimated coverage areas that, along with other factors both within and beyond the Carrier’s control, may result in service interruptions, slower data speeds, or lower quality of service. You should therefore never solely rely on the MBB Service for emergency communications. Usage is measured and charged session by session in “Units” consisting of whole Megabytes. Usage statements or history available to customers will be provided on a daily basis. Plans sold in “Gigabytes” are based on 1,000 units. The usage for each session is the sum of the uploaded and downloaded Units incurred during that session. If usage for any session is excessive, determined by Internet on the Go’s sole discretion, a data surcharge not to exceed 20% of the Units may be applied to the session. Accounts are non-transferable and non-refundable. Inactive Account is defined as no Unit activity over a period of 60 days. Accounts that are inactive for the prescribed period of inactivity as defined above will be closed and any remaining Units will be forfeited. As long as there is at least one data session within 60 days, Accounts are considered active. Any unused promotional Units will expire after 60 days regardless of Account status.

TERM OF AGREEMENT. The term of this Agreement shall commence upon registration of your device. This Agreement shall remain in effect for as long as you maintain an Active Account, unless earlier terminated by IOTG by giving notice or otherwise terminated in accordance with the terms of this Agreement. Notwithstanding the expiration or termination of this Agreement, the provisions for Dispute Resolution, Arbitration and Limitation of Liability shall survive. Your MBB Service will not expire until your metered data is exhausted, or if sooner, after any 60-day period of continuous account inactivity as described above. For this purpose, account activity includes use of MBB Service and the purchase and addition of data to your account.

COMPLIANCE WITH LAWS. MBB Service is for personal or business use only. In using the MBB Service you agree to comply with all applicable laws.

INTENDED USE OF MBB SERVICE (FAIR USE). MBB Service and any related data services are provided solely for purposes of web browsing, messaging, and similar activities. You are responsible for all data activity from and to your device regardless of who initiates the activity. You may not use the MBB Service: (1) with 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 other systems that drive continuous heavy traffic or data sessions; (2) with continuous data streams or high traffic B. services; (3) as a substitute or backup for private lines or frame relay connections; (4) with “responders”, “cancel-bots”, or similar automated or manual routines which generate excessive amounts of traffic, or which disrupt user groups or email use by others; (5) to send “spam” or unsolicited commercial or bulk email (or activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email); or (6) for any activity that adversely affects the ability of other people or systems to use either our wireless services or other parties’ Internet based resources. Plans with a limited duration are intended to be used in no less time than the stated duration of that plan. We reserve the right to limit, suspend or terminate without notice any misuse of our network or violation of these Terms of Service.

SPECIFIC RULES REGARDING CONTENT.`

Access to Content. MBB Service allows you to access the Internet to view, download and send text, pictures, games, graphics, music, email, sound and other materials (“Content”). Some Content is available from us or our business partners, while other Content can be accessed from other third-party websites or services. Content may be unsuitable for children or minors, unreliable, inaccurate, offensive, indecent or objectionable. You are solely responsible for evaluating the Content that you or anyone using your device access. We strongly recommend that you monitor Content access by children or minors. Prior to accessing certain Content, we may require you to provide some personal information to verify that you are at least 18 years of age. Content from third parties may also harm your device or its software. We may place restrictions on accessing certain Content, impose separate charges, limit the amount of data you can access or transfer, or otherwise limit or terminate services.

NO REPRESENTATIONS REGARDING CONTENT. We do not endorse the Content, features, or software offered by third parties. Your relationship with providers of content is between you and them. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING ANY CONTENT OFFERED BY A THIRD PARTY THAT YOU MAY UTILIZE OR OTHERWISE ACCESS WHILE USING YOUR DEVICE, INCLUDING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, PERFORMANCE OR ACCURACY. We have no control over the Content on any website that you may access via your device. We strongly recommend that you use good judgment and care in sharing any personal information about yourself. You may not sell or resell Content. You will be solely responsible if you engage in any unauthorized use of Content.

Objectionable or Offensive Content. You may not publish, copy, reproduce, upload, download, post, distribute, edit, modify, or otherwise transmit (“Post”) any content that is unlawful, libelous, defamatory, slanderous, obscene, pornographic, harassing, threatening, abusive, harmful, or otherwise objectionable, or that infringes upon or otherwise violates others’ rights, including privacy rights.

Unlawful Content. You may not Post any Content that encourages or is in furtherance of an unlawful, criminal, or fraudulent activity or that violates any of our rules or policies.

Soliciting Information. You may not Post any Content that solicits any information from other customers or involves any commercial activities, including advertisements.

Content Infringement. You may not post any Content that may infringe on or otherwise violate any patent, trademark, trade secret, copyright, or other intellectual property or proprietary right of any person. Infringement may result from the unauthorized copying, posting, editing, modifying or distributing of any Content, including 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.

Harmful Content. You agree not to Post any Content that contains viruses, worms, time bombs or other similar programs.

Removal of Content. We reserve the right, in our sole discretion, to remove or delete any Content that you Post on our service that violates the Terms of Service 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.

SUSPENSION OR TERMINATION OF SERVICES. We reserve the right to issue a warning and to suspend or terminate your service and access to the internet-go.com website or any other website we operate or to our service at any time if we determine in our sole discretion that you have violated the Terms of Service or any of our rules or policies or for any other reason in our sole discretion. We also reserve the right to (i) deny, disconnect, modify and/or terminate MBB Service, without notice, to anyone we believe is using the MBB Service in any manner prohibited or whose usage adversely impacts the Carrier’s wireless network or service levels or hinders access to the Carrier’s wireless network. We reserve the right to terminate the MBB Service if we believe that your device is no longer in use as evidenced by a period of inactivity in excess of twelve months.

SAFETY AND SECURITY. We are not responsible for the content or security of data that you access or store while using your device with our services.

USE OF YOUR CUSTOMER INFORMATION. When you agree to the Terms of Service, you also agree to the terms of our Privacy Policy (available at http://www.internet-go.com/). This policy may change from time to time and includes important information on what data we collect about you, how we use this data and with whom we share that data. In the course of providing service to you, we may collect certain information made available to us solely because of our relationship with you, including information regarding the nature and type of your usage. We always will handle this data, which is “Customer Proprietary Network Information” (“CPNI”), in accordance with Federal Communications Commission regulations, federal consumer privacy laws and our Privacy Policy. We take sensible steps to safeguard PCNI and your other personal information from unauthorized use or disclosure. Except as set forth by the Privacy Policy, we will not deliberately share your personal information without your permission. We may, from time to time, use the information you provide us to market services to you that may be related to our service offerings. To manage the way in which we communicate important notices or updates from us and our partners you can edit your profile on our website (http://manage.internet-go.com/). To comply with appropriate legal process, we may disclose to government agencies and law enforcement authorities any information, including your name, account history, account information or other transmission data properly requested by law enforcement. In the course of providing service to you, we may collect certain information made available to us solely because of our relationship with you, including information regarding the nature and type of your usage. We always will handle this data, which is CPNI, in accordance with Federal Communications Commission regulations, federal consumer privacy laws and our Privacy Policy. We take sensible steps to safeguard CPNI and your other personal information from unauthorized use or disclosure. Except as set forth by the Privacy Policy, we will not deliberately share your personal information without your permission. We may, from time to time, use the information you provide us to market services to you that may be related to our service offerings. To manage the way in which we communicate important notices or updates from us and our partners you can edit your profile on our website (http://manage.internet-go.com/). To comply with appropriate legal process, we may disclose to government agencies and law enforcement authorities any information, including your name, account history, account information or other transmission data properly requested by law enforcement.

INTERNET ON THE GO WEBSITE. You may use our website located at http://manage.internet-go.com/ to manage your account, make purchases, view our content and learn more about our products and services. Use of the our website is subject to the terms set forth in the Terms of Website Use and Privacy Policy, which are available on our website (http://www.internet-go.com/). In order to provide you with ease of access to your account, IOTG may place a cookie (a small text file) on any computer or mobile device from which you access the Internet on the Go Web site. When you revisit the Internet on the Go web site, this cookie will enable us to recognize you as the account holder. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account. You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device. If you disclose your password to anyone or share your account with other people, you take full responsibility for their actions, including but not limited to their unauthorized use of the MBB Service.

DISPUTE RESOLUTION. We and you each agree to contact each other first with any disputes. You must contact us with any dispute by visiting http://support.internet-go.com/ and sending us an email using the link provided, by calling Internet on the Go customer service at 1-855-925-2666, or by writing us at: Internet on the Go, 10440 North Central Expressway, Suite 700, Dallas, TX 75231, Attn: Dispute Resolution. Please provide a description of the problem, all relevant documents/information and the proposed resolution. We will contact you at the last address that you have provided to us or by phone or e-mail. We each agree to negotiate in good faith to resolve any dispute. If the dispute cannot be resolved in this manner, then it shall be resolved by arbitration as set forth below, provided that we shall not elect to use arbitration for any Claim (defined below) that you properly file and pursue in a small claims court of your state or municipality so long as the Claim is individual and pending only in the small claims court.

ARBITRATION.

Definitions. As used in this arbitration provision, the term “Claim” means any claim, dispute or controversy between you and us arising from or relating to the MBB Service or this Agreement as well as any related or prior agreement that you may have had with us or the relationships resulting from this Agreement, including the validity, enforceability or scope of this arbitration provision. The term Claim includes claims of every kind and nature, including but not limited to initial claims, counterclaims, cross-claims and third-party claims and claims based upon contract, tort, fraud and other intentional torts, statutes, regulations, common law and equity. The term Claim is to be given the broadest possible meaning that will be enforced and includes, by way of example and without limitation, any claim, dispute or controversy that arises from or relates to (i) the use of the MBB Service, (ii) your acquisition of, or enrollment for, the MBB Service; and (iii) advertisements, promotions or oral or written statements related to the MBB Service, or any goods or services purchased with the MBB Service. As used in this arbitration provision, all references to IOTG are deemed to include its wholly or majority owned subsidiaries, affiliates, licensees, predecessors, successors, and assigns; and all of their agents, employees, directors and representatives.

Initiation of Arbitration Proceeding/Selection of Administrator. Any Claim shall be resolved, upon the election by you or us, by arbitration pursuant to this Arbitration Provision and the code of procedures of the Judicial Arbitration and Mediation Services (“JAMS”). If any Claim is asserted against a party that is not a party to this Agreement, such third-party shall be notified and given the option of participating in the arbitration. For a copy of the procedures, to file a Claim or for other information about JAMS, contact them at 1920 Main Street, Suite 300, Los Angeles, CA 92614; website at www.jamsadr.com.

Effect of Arbitration. IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU NORWE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM, OR TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED FOR IN THE RULES AND PROCEDURES OF JAMS (THE 13 3 “RULES”). FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

Limits on Arbitration. If either party elects to resolve a Claim by arbitration, that Claim shall be arbitrated on an individual basis. There shall be no right or authority for any Claims to be arbitrated on a class action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other MBB Service users or other persons similarly situated. The arbitrator’s authority to resolve Claims is limited to Claims between you and us alone, and the arbitrator’s authority to make awards is limited to you and us alone. Furthermore, Claims brought by you against us or by us against you may not be joined or consolidated in arbitration with Claims brought by or against someone other than you, unless otherwise agreed to in writing by all parties.

Location of Arbitration/Payment of Fees. Any arbitration hearing that you attend shall take place in Los Angeles County, California. At the conclusion of the arbitration, the arbitrator will decide who will ultimately be responsible for paying the filing, administrative and/or hearing fees in connection with the arbitration. If and to the extent you incur filing, administrative and/or hearing fees in arbitration, exceeding the amount they would have been if the Claim had been brought in the state or federal court which is closest to your billing address and would have had jurisdiction over the Claim, we will reimburse you to that extent unless the arbitrator determines that the fees were incurred without any substantial justification.

Federal Arbitration Act. This arbitration provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the “FAA”). The arbitration shall be governed by the Rules, except that (to the extent enforceable under the FAA) this arbitration provision shall control if it is inconsistent with the Rules. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the Rules. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the requesting party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding.

Severability of Arbitration Provisions. This arbitration provision shall survive termination of your MBB Service. If any portion of this arbitration provision is deemed invalid or unenforceable under any principle or provision of law or equity, consistent with the FAA, it shall not invalidate the remaining portions of this arbitration provision, the Agreement or any prior agreement you may have had with us, each of which shall be enforceable regardless of such invalidity.

NO TRIAL BY JURY. If for any reason, a claim proceeds in court rather than through arbitration, we each waive any right that we may have to trial by jury in any lawsuit or other proceeding to the extent permitted by law.

LIMITATION OF LIABILITY. We and you agree to limit claims for damages or other monetary relief against each other to direct and actual damages unless prohibited by law. You agree that we and our business partners (including the Carrier) are not liable to you or any third party for any indirect, special, incidental, consequential, exemplary or punitive damages of any kind, including lost profits (regardless of whether we have been notified that such loss may occur) by reason of any act or omission in our provision of products or services or under any legal theory, including fraud, misrepresentation, breach of contract, personal injury, product liability or any other theory. We assume no risk or responsibility for your use of any Content. We are not liable for (1) any act or omission of any other company furnishing a part of our service or any equipment provided for such service; (2) errors or omissions of our business partners; or (3) any damages that result from any product or service provided by or manufactured by third parties. You acknowledge that no fiduciary relationship or other special relationship exists between you and us, by virtue of the Terms of Service or your use of the MBB Service.

WARRANTIES. WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE SERVICES PROVIDED HEREUNDER OR ANY SOFTWARE USED IN CONNECTION THEREWITH, INCLUDING, BUT NOT LIMITED TO, AND TO THE EXTENT PERMITTED BY LAW, WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, QUALITY, NONINFRINGEMENT, PERFORMANCE OR ACCURACY. WE EXPRESSLY DISCLAIM ANY AND ALL IMPLIED WARRANTIES. THE INTERNET ON THE GO WEBSITE AND ITS CONTENTS ARE PROVIDED “AS IS” WITH ALL FAUL TS AND WITHOUT WARRANTY OF ANY KIND. NEITHER WE NOR THE CARRIER PROMISE ERROR-FREE OR UNINTERRUPTED SERVICE AND NEITHER WE NORTHE CARRIER AUTHORIZE ANYONE TO MAKE WARRANTIES ON OUR BEHALVES.

INDEMNIFICATION. You agree to indemnify us, our affiliates, our business partners and their respective officers, agents, members, managers, partners and employees, from any and all liabilities, settlements, penalties, claims, causes of action and demands brought by third parties (including any costs, expenses or attorneys’ fees on account thereof) resulting from your use of the MBB Service, or use of our services by another person who uses your device and/or our services, whether based in contract or tort (including strict liability) and regardless of the form of action.

LOST OR STOLEN PREPAID CARDS. Neither IOTG nor its business partners are responsible for lost or stolen prepaid cards for MBB Service. Prepaid cards are not refundable, returnable nor exchangeable and have no cash value.

GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the state of Texas, without regard to conflicts of laws provisions.

ENTIRE AGREEMENT. This Agreement, as modified by any changes, constitutes the complete and entire agreement between IOTG and you with respect to the subject matter hereof, and supersedes all prior or contemporaneous oral or written communications, representations, understandings, or agreements not specifically incorporated herein.

 

Revised January 2015