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1. Definitions: For purposes of these Minimum Terms of Service, the following definitions apply:
“Customer” and “you” refer to the end customer, whether an individual or an entity (such as a school), entering into a Customer Agreement with Reseller.
“Customer Agreement” refers to your legal agreement with Reseller relating to use of the Service, into which these Minimum Terms of Service are incorporated.
“Equipment” refers to the modems and other equipment required to use the Service.
“Mobile Citizen” means Mobile Citizen, LLC.
“Provider” refers to the third-party provider of the Service, as may change from time to time. The current Provider is: Sprint Spectrum, L.P (or an affiliate thereof).
“Reseller” refers to the Mobile Citizen reseller of the Service that is entering into your Customer Agreement with you.
“Service” refers to the wireless broadband service distributed by Mobile Citizen to Reseller and resold by Reseller to you under your Customer Agreement, including any associated media or documentation.
You must purchase all necessary Equipment through Reseller. Rental arrangements are not permitted without Mobile Citizen’s prior written consent, nor is the use of third-party equipment. You agree not to tamper with, modify, reverse-engineer or interfere with the Equipment. In the event that the Customer wishes return the Equipment for a refund, the Reseller must approve the case before any action is taken. All shipping costs are the responsibility of the Customer. Returned Equipment must be in pristine condition in the original packaging and contain all of the original contents. Any missing and/or damaged Equipment may result in a refusal of Customer's Return Case or a reduction of returned monies, determined at Reseller's sole discretion.
3. Use of Service
You may only access and use the Service for your internal, personal, non-commercial use in accordance with the Customer Agreement and applicable laws and regulations. You are responsible for all usage of your account (including any violation of the Customer Agreement) and agree to notify Reseller immediately of any unauthorized use of the account or suspected security breach. You are not granted any rights to any firmware or software under the Customer Agreement. All rights not expressly granted in these Minimum Terms of Service are reserved by Mobile Citizen or the Provider.
4. Service Limitations & Restrictions
The Service is not available in all locations and you will only be able to access the Service when within the operating range of the Provider’s network, which may change from time to time in the sole discretion of the Provider. The Service may be disrupted or unavailable from time to time due to maintenance, emergencies, inclement weather or other factors outside of Reseller’s or Mobile Citizen’s control. The Service and Equipment may not function in the event of a power failure or disruption, and you may be required to reset or reconfigure their modem or other hardware in order to use the Service thereafter. Reseller and Mobile Citizen have no liability with regard to any failure or lack of performance of the Service.
b. Provider AUP, T&C
Use of the Service is subject to the Provider’s then-current (i) acceptable use policy (the “Provider AUP”), a copy of which is, as of the Effective Date, available at http://www.sprint.com/legal/agreement.html?INTNAV=CMS:LGL:Acceptable_Use_Policy#acceptable) and incorporated herein by reference; and (ii) end user terms and conditions (the “Provider T&C”), a copy of which is, as of the Effective Date, available at http://www.sprint.com/termsandconditions and incorporated herein by reference.
c. Usage Limits
THE SERVICE MAY BE SUBJECT TO USAGE LIMITS ESTABLISHED BY THE PROVIDER, WHICH ARE NOT CONTROLLED BY RESELLER OR MOBILE CITIZEN AND ARE SUBJECT TO CHANGE. RESELLER AND MOBILE CITIZEN MAY NOT RECEIVE ADVANCE NOTICE OF ANY SUCH CHANGES FROM THE PROVIDER AND IN SUCH CASES WILL NOT BE ABLE TO GIVE YOU ADVANCE NOTICE THEREOF.
5. Disclaimer of Warranties; Waiver of Liability
EXCEPT AS EXPRESSLY SET FORTH HEREIN, NEITHER RESELLER, MOBILE CITIZEN, THEIR RELATED PARTIES AND SUPPLIERS (COLLECTIVELY, THE “MOBILE CITIZEN PARTIES”) NOR PROVIDER MAKE NO WARRANTIES AND HEREBY DISCLAIM ALL WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED WITH REGARD TO THE SERVICE AND THE EQUIPMENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. YOUR USE OF THE SERVICE AND EQUIPMENT IS AT YOUR OWN RISK. THE SERVICE AND EQUIPMENT ARE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS EXCEPT AS EXPRESSLY PROVIDED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE THAT YOU HAVE NO CONTRACT WITH MOBILE CITIZEN AND AGREE THAT YOU WILL NOT HOLD MOBILE CITIZEN PARTIES LIABLE OR RESPONSIBLE IN ANY MANNER FOR ANY ASPECT OF THE SERVICE, ANY FAILURE OF THE SERVICE OR ANY RESULTS OF USING THE SERVICE, OR SEEK DAMAGES OR RELIEF AGAINST MOBILE CITIZEN UNDER ANY THEORY OF RECOVERY.
6. Content and Security
Any material downloaded or otherwise obtained through use of the Services is accessed at your own discretion and risk. The Mobile Citizen Parties do not control and are not responsible for any third-party websites, content, services or products that you may access or encounter during use of the Service, and the Mobile Citizen Parties and the Provider each reserve the right to engage in reasonable network management to protect the overall integrity of the Provider’s network, including detecting malicious traffic patterns and attempting to prevent the distribution of viruses or other malicious code, and through techniques such as reducing the aggregate bandwidth available to excessive bandwidth users during periods of congestion. While the determination of what constitutes excessive use depends on the specific state of the network at any given time, excessive use will be determined primarily by resource consumption. The Provider’s network management practices may entail the inspection and storage of network traffic, the provision of network traffic to third parties and/or the use of network traffic for non-network management purposes. For further information, please refer to the Provider AUP and Provider T&C, which form a part of these Minimum Terms of Service. The Mobile Citizen Parties and the Provider also have the right to take actions either of them deem reasonably necessary to protect any individual or entity, comply with applicable laws, regulations, or government requests, or to enforce the terms of these Minimum Terms of Service. You acknowledge that the Internet and wireless communications are not inherently secure means of data communication, the Mobile Citizen Parties shall have no liability for breaches of security beyond their reasonable control, including, without limitation, your negligence with respect to controlling access to the Service or your data. It is your sole responsibility to obtain and implement appropriate security devices, software, and other measures (including without limitation firewalls) to protect your systems and data from theft, viruses, worms, Trojan horses, or other security threats, and the Mobile Citizen Parties have no responsibility or liability with regard thereto.
7. Support Services
Reseller is responsible for handling all billing, payment, collection, disputes and administrative matters related to your Subscription. Except for any basic Tier 1 technical support that Reseller or Mobile Citizen may elect to provide, technical support requests will be routed to and are the responsibility of the Provider (collectively, the “Support Services”). Support Services are subject to your use of the Service and Equipment in accordance with these Minimum Terms of Service as well as, in the case of Equipment defects, the manufacturer’s applicable warranty policy. Mobile Citizen or the Provider may need to access Equipment or related hardware or software in order to provide Support Services. Defective Equipment should be returned to the Provider as instructed by Mobile Citizen or the Provider. NO MOBILE CITIZEN PARTY IS RESPONSIBLE FOR THE ACTS OR OMISSIONS OF ANY OTHER MOBILE CITIZEN PARTY OR THIRD PARTIES IN CONNECTION WITH SUPPORT SERVICES. The Provider will only provide Support Services for Equipment purchased through Mobile Citizen, through the Provider or an authorized Provider dealer.
8. Service Modification and Discontinuation
Mobile Citizen and the Provider reserve the right at any time to in any way modify, edit, suspend or discontinue the Service or the Support Services made available hereunder with or without notice. In the event of Service discontinuation or of Service changes causing a material adverse effect on the quality or availability of Service, you may, as your sole and exclusive remedy arising out of this Section, terminate your affected Subscription(s) and the sole and exclusive liability of Reseller and the Mobile Citizen Parties shall be to a refund of Subscription fees previously paid for full, for unused months remaining on the then-current Subscription term.
9. Changes to Terms
Mobile Citizen reserves the right to make modifications to these Minimum Terms of Service as may reasonably be needed to comply with applicable laws or to account for changes in Mobile Citizen’s business, course of dealing with the Provider, or other factors. The Provider also reserves the right to change or update the Provider AUP and Provider T&C at any time. Mobile Citizen or the Provider (as the case may be) will make reasonable attempt to provide Reseller with notice of such changes. All such changes will be deemed effective and accepted by you upon your continued use of the Service thereafter; provided, however, that if such modifications are not agreeable to you, you may elect instead (as your sole and exclusive remedy) to terminate your affected Subscription(s) within 30 days of the change and receive a refund of Subscription fees previously paid for full, unused months remaining on the then-current Subscription term.
10. Third Party Beneficiary
You agree that Mobile Citizen shall be an express, intended third-party beneficiary of this Agreement and can enforce the terms and conditions to the same extent as Reseller.