Terms of Service for Affordable Internet Service
Important – Read Carefully: These Terms of Service (“TOS”) are a legal agreement between JumpWireless.org, Mobile Citizen LLC (“Service Providers”), and the entity or individual listed in the associated service quotation as the “customer” (“Customer” or “you”) and governs your access to and use of the SPRINT mobile broadband network provided by SPRINT Corporation through the Service Providers, and may include associated media, equipment, printed or electronic documentation (collectively the “Service”). BY USING THIS SERVICE YOU AGREE TO THE TERMS AND CONDITIONS IN THIS TOS. IF THE INDIVIDUAL AGREEING TO USE OF SERVICE IS ENTERING INTO THIS TOS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, THE INDVIDUAL REPRESENTS THAT HE OR SHE HAS THE POWER AND AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST DISCONTINUE USE OF THE SERVICE. THIS TOS IS EFFECTIVE WHEN YOU SIGN UP FOR SERVICE.
- Fees and Payment: In consideration for receipt of the Service and Equipment, you will pay JumpWireless.org the fees as set forth in your service quotation.
- Hardware Requirements; Activation of Service:You understand that you must purchase Equipment from JumpWireless.org to ensure it is compatible with Sprint’s wireless network.
- Use of Service: a. License and Use. By accepting this TOS, you are granted a license (i) if you are a Permitted User, to access and use the Service for your internal, personal, non-commercial use, and (ii) if you are an entity offering the Service to your Permitted Users, then you may permit your Permitted Users to use the Service, during the term of this TOS. “Permitted Users” means (x) any current employees, volunteers, donors, or independent contractors of a non-profit entity, or (y) any students, faculty, administrators, and staff of an educational institution, in each case, (i) only while such persons are employed by or involved with the Customer, but not thereafter, unless the JumpWireless.org membership is active, and (ii) regardless if the individual is aware of, saw, reviewed, or agreed to this TOS. Educational institutions should use the Service to further the educational mission of the school. If Customer is a non-profit entity or educational institution, then once the status of a Permitted User changes so that the individual is no longer a Permitted User (for example, once a student graduates) Customer shall ensure that such individual no longer makes use of or accesses the Service. Customer is responsible for any usage of its account and agrees to notify JumpWireless.org immediately of any unauthorized use of its account or suspected security breach. Sprint will assign you a new IP address each time you access the Service. Customer is not granted any rights to any firmware or software under this TOS. All rights not expressly granted in this TOS are reserved by the Service Providers and Sprint.
- Limitations. 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 Sprint network, which may change from time to time in the sole discretion of Sprint. You understand that the Service may be unavailable from time to time due to maintenance of the Service, emergencies, or other factors, access to the Service may be interrupted or refused, and performance of the Service may be limited or curtailed from time to time. You acknowledge that the Service Providers do not own, operate, maintain, or control the Service and the Service Providers have no liability with regard to any failure or lack of performance of the Service. The Service may be subject to usage limits established by Sprint, which are not controlled by the Service Providers. Your use of the Service is subject to the Sprint Acceptable Use Policy located at https://www.sprint.com/legal/AUP.html, which is incorporated into this TOS by this reference, and all users of the Service must comply with such AUP, as well as all applicable laws and regulations, at all times in their use of the Service. 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 your modem or other hardware in order to use the Service thereafter. Please review the sections below on “Content and Security” and “Service Quality and Maintenance” for further information. You may not resell access or use of the Service to any third party (provided that if you are an entity, you may allow access to your Permitted Users).
- Term and Termination:This TOS will commence on the Effective Date and will continue for the subscription term set forth in JumpWireless.org’s service quotation, unless terminated earlier as allowed herein.
- Termination and Trial Period. The 30 calendar day period beginning on the date that the Service is activated is the “Trial Period”. You may cancel the Service without cost or penalty during the Trial Period by calling (844) GET-JUMP or sending an email to email@example.com “cancel account” in the subject line. If you cancel during the Trial Period, we will refund the device fees shown in the service quotation by the same payment method that you used to pay the device and Service Fees. After the Trial Period, the device fees are non-refundable except to the extent expressly stated in this TOS.
- Renewal. JumpWireless.org will deliver to you a service quotation for a new subscription term at least 30 calendar days before the expiration of your current subscription term which will serve as notice to you that your subscription term is drawing to a close. If you wish to continue the Service for another year, you will need to notify us that you agree to the new service quotation and pay the necessary quoted fees for the new subscription before the expiration of the then current subscription term in order to guarantee that your Service is not interrupted.
- Payment of Service Fee. If payment is not received within five (5) business days of the established account due date, JumpWireless.org reserves the right to immediately suspend or terminate your use of the Service.
- Termination by JumpWireless.org. JumpWireless.org and/or Service Providers may terminate this TOS or access to the Service immediately at any time with or without cause, if Service Providers reasonably believe that you violated the AUP, infringed the rights of others, or if Service Providers no longer have the right to make the Service available. Service Providers may terminate this Agreement for convenience by delivering to you notice in writing at least 30 days prior. If Service Providers terminate this TOS without cause more than 30 days prior to the expiration of your then-current subscription term, or if you terminate this TOS under Section 15, then in either case, Service Providers will issue a pro-rata refund of the Service Fees as soon as administratively possible for the remainder of the applicable subscription term for which you did not receive the Service due to termination.
- Effect of Termination. Upon termination, you will no longer be able to access the Service. Sections 5e, 6, 7, 8, 9, 11, 14, 16, 17, 18 and 19 will survive termination of this TOS.
- Representations and Warranties:a. All Customers represent and warrant that (i) it has the power and authority to agree to this TOS and form a legally binding contract, (ii) all information provided to Service Providers will be accurate, complete, and current; and (v) its use of the Service will comply with applicable laws, rules and regulations, the AUP, and the terms of this TOS at all times in the use of the Service.
- If Customer is an entity, then Customer represents and warrants that: (i) it is a non-profit organization or educational institution; (ii) it is listed on http://www2.guidestar.org(or if not listed there, Customer may notify Service Providers where it is listed as a non-profit organization or educational institution); (iii) its Permitted Users’ use of the Service will comply with applicable laws, rules and regulations, the AUP, and the terms of this TOS at all times, and Customer will be solely liable and responsible for the use of the Service by its Permitted Users.
- If Customer is a Permitted User, then Customer represents and warrants that it is currently employed, volunteers, or donates to or benefits froms at the time of entering into this TOS, by an educational or non-profit institution, and if Customer is no longer employed, volunteers, or donates to an educational or non-profit institution during the term of this TOS, Customer will notify JumpWireless.org and cease all access and use of the Service.
- Disclaimer of Warranties: EXCEPT AS EXPRESSLY SET FORTH HEREIN, SERVICE PROVIDERS, ITS RELATED ENTITIES, AND SUPPLIERS, INCLUDING WITHOUT LIMITATION CLEARWIRE AND EBS SUPPORT SERVICES LLC (COLLECTIVELY THE “SERVICE PROVIDER PARTIES”) 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.
- Limitation of Liability: THE SOLE LIABILITY OF THE SERVICE PROVIDER PARTIES TO YOU OR ANY THIRD PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS TOS WILL BE LIMITED TO THE TOTAL SERVICE FEES (EXCLUDING EQUIPMENT FEES) PAID BY YOU TO SERVICE PROVIDERS IN THE TWELVE (12) MONTHS PRIOR TO THE DATE ON WHICH ANY SUCH CLAIM AROSE. THE SERVICE PROVIDER PARTIES WILL HAVE NO LIABILITY WITH REGARD TO ANY DEFECT OR FAILURE OF THE SERVICE, EQUIPMENT, OR SUPPORT SERVICES, ANY LACK OR BREACHES OF SECURITY OF THE SERVICE OR IN THE STORAGE OR INTEGRITY OF CUSTOMER’S DATA, ANY COST OF OBTAINING SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE SERVICE PROVIDER PARTIES BE RESPONSIBLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SERVICE OR THE EQUIPMENT, UNDER ANY THEORY, WHETHER CONTRACT, TORT, NEGLIGENCE, PRIVACY, SECURITY, STRICT OR PRODUCT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Content and Security:Any material downloaded or otherwise obtained through use of the Services is accessed at your own discretion and risk. The Service Provider Parties do not control and are not responsible for any third party websites, content, services, or products that Customer may access or encounter during use of the Service, and the Service Provider Parties reserve the right to engage in reasonable network management to protect the overall integrity of the Sprint 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. For further information, please refer to Sprint’s Acceptable Use Policy, posted at https://www.sprint.com/legal/AUP.html, which forms a part of these Terms. The Service Provider Parties also have the right to take actions it deem reasonably necessary to protect any individual or entity, comply with applicable laws, regulations, or government requests, or to enforce the terms of this TOS. Customer acknowledges that the Internet and wireless communications are not inherently secure means of data communications, the Service Provider Parties shall have no liability for breaches of security beyond its reasonable control, including, without limitation, Customer’s negligence with respect to controlling access to the Service or Customer’s data. It is the sole responsibility of Customer to obtain and implement appropriate security devices, software, and other measures (including without limitation firewalls) to protect Customer’s systems and data from viruses, worms, Trojan horses, or other security threats, and the Service Provider Parties have no responsibility or liability with regard thereto.
- Service Quality and Maintenance:The speed and bandwidth available to Equipment accessing the Service may vary for a variety of reasons. JumpWireless.org, Mobile Citizen and Sprint reserve the right to engage in network management for the Service, including without limitation taking various measures to prevent or eliminate malicious traffic patterns and preventing the distribution of viruses or other malicious code. For further information on the types of activities Sprint may take, please refer to the AUP. In addition, Sprint may perform maintenance on the Service, which may include planned or unplanned interruptions of the Service. You acknowledge and agree that the Service Provider Parties will not be responsible for any losses or damages suffered by you as a result of any Service interruptions. You acknowledge that the Service is not available in all areas, and even within coverage areas service availability, quality, signal strength and network speeds may vary, be lower than advertised or be insufficient for use of the Service. No credit or adjustment will be made for interruptions or degradations of the Service except as agreed by Service Providers or as required by applicable law.
- Indemnification:Customer (and its agency or representatives who have entered this TOS on behalf of a Customer) will indemnify, defend, and hold harmless the Service Provider Parties and its directors, officers, agents, contractors, licensors, vendors, suppliers, and employees from and against all claims, actions, losses, expenses, costs, or damages of every nature and kind whatsoever (including reasonable attorneys’ fees) arising out of or relating to Customer’s and its Permitted Users’ (or other individuals who have gained access to Customer’s account on the Service due to the fault or negligence of Customer or its Permitted Users) actions or omissions in connection with this TOS, use of the Service or Equipment, including without limitation any breach of this TOS, or negligence of any of the foregoing. Customer further agrees to pay the reasonable attorneys’ and expert witness fees and costs incurred in enforcing this TOS, including in connection with any appeal.
- Support Services:All support services related to the Service and the Equipment (“Support Services”) will be provided by Service Providers and Sprint. You may obtain support by calling (844) GET-JUMP or emailing firstname.lastname@example.org, and you may view answers to support FAQs. Service Providers and Sprint may need to, and you agree that Service Providers and Sprint may access your Equipment or other hardware and information stored on it (such as drivers, software, etc.) to troubleshoot issues related to Support Services, enable, operate, and update the Service and software; investigate activity that may be in violation of this TOS, and/or to comply with law. Defective Equipment should be returned to Mobile Citizen, LLC as instructed by JumpWireless.org, and should under no circumstances be returned to JumpWireless.org. JumpWireless.org may require you to use a return label issued by Mobile Citizen, and if so, you must use such return label for the return of the defective Equipment. JUMPWIRELESS.ORG AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF SPRINT, OR ANY OTHER THIRD PARTY, WITH REGARD TO THE SUPPORT SERVICES OR OTHERWISE, AND JUMPWIRELESS.ORG DISCLAIMS ALL LIABILITY FOR THE SUPPORT SERVICES OR THE RESULTS THEREOF.
- Modification and Discontinuation of Service:The Service Provider Parties and Sprint reserve the right at any time to modify, edit, delete, suspend, or discontinue, temporarily or permanently the Service, the Support Services, or any Service Provider Party’s website (or any portion thereof) with or without notice. The Service Provider Parties will not be liable to you or to any third party for any such modification, editing, deletion, suspension, or discontinuance of or to the Service, subject to Section 5d.
- No Assignment:Customer’s rights under this TOS may not be transferred, leased, assigned, or sublicensed, including without limitation to any successor in interest, without the prior written consent of JumpWireless.org. Any purported attempt to transfer, lease, assign, or sublicense your rights without the consent of JumpWireless.org will be void, and JumpWireless.org may immediately terminate this TOS without liability. Notwithstanding the foregoing, all provisions of this TOS will be binding upon your successors and permitted assigns.
- Changes in TOS:Service Providers reserve the right to change the terms of this TOS from time to time. Any modified versions of this TOS will be posted on our website at https://jumpwireless.org.If we make any material modifications to the terms of this TOS, we will notify you via email, and for 30 days from delivery of that email, you will have the right to terminate this TOS by sending us written notice, in which case we will provide you a refund in accordance with Section 5d. If you do not terminate this TOS within that 30 day window or within 30 days of our posting the revised terms on our website, you will be deemed to have agreed to any such revised terms.
- Notifications of Claimed Copyright Infringement:In the event that you believe the Service or any website of a Service Provider Party may contain an infringement of the copyright ownership or other intellectual property rights of you or any third party, you are requested to immediately contact the JumpWireless.org Copyright Agent as described below. We will comply with the Digital Millennium Copyright Act with regard to alleged copyright infringement, and we will use our reasonable judgment when dealing with claims of trademark, patent, or other infringement. To report any alleged infringement, you may contact us in writing by providing a signed statement containing the following information:
- your name, address, telephone number, and email address, and if you are acting on behalf of the owner of the intellectual property, the name of the owner;
- a statement, made under penalty of perjury, that you are the owner of the copyright or are authorized to act on behalf of the owner;
- a detailed description of the copyrighted work or other intellectual property that you claim has been infringed;
- if your claim is based on a registered work, the trademark, patent, or copyright registration number, and the date of issuance of the registration;
- a description of the infringing material and the URL where such material is located;
- your written statement that you believe, in good faith, that the identified use of the work has not been authorized by the true owner of the work, its agent, or as a matter of law; and
- a statement that all of the information you have provided is true.
Please send your notice of alleged infringement to: Copyright Agent, JumpWireless.org, 1000 Commerce Park Drive, Suite 410, Williamsport, PA 17701; Fax: (570) 651-9032; Email: email@example.com; Phone: (844) GET-JUMP.
- Governing Law; Statute of Limitations:This TOS and the rights and obligations of the parties with respect to the Service will be governed by, and construed in accordance with the laws of the Commonwealth of PA, USA, without reference to the choice of law principles thereof. ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICE OR THIS TOS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM ARISES, OR THE CLAIM WILL BE PERMANENTLY BARRED.
- Arbitration; Waiver of Jury Trial:ANY DISPUTE, CONTROVERSY OR CLAIM BETWEEN THE PARTIES ARISING OUT OF OR RELATING TO THE SUBJECT MATTER OF THIS TOS, OTHER THAN ANY ACTION FOR INJUNCTIVE RELIEF OR ANY ACTION TO COLLECT AMOUNTS DUE HEREUNDER, BOTH OF WHICH MAY BE BROUGHT IN ANY COURT OF COMPETENT JURISDICTION (A “DISPUTE”), WILL BE FINALLY DETERMINED BY BINDING ARBITRATION IN WILLIAMSPORT, PENNSYLVANIA, USA IN ACCORDANCE WITH THE COMMERCIAL RULES (“RULES”) OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”). The arbitration will be heard and decided by a single arbiter mutually agreed upon by the parties, with experience in the subject matter of the Dispute, or if the parties are unable to agree, such arbiter will be selected by the AAA according to the Rules. The judgment of the arbitration will be final, non-appealable (to the extent not inconsistent with applicable law) and binding upon the parties, and judgment may be entered upon the arbitral award in any court of competent jurisdiction. The arbiter will not have any authority to award any special or punitive damages, or any damages other than as permitted by this TOS. The arbiter will issue a written opinion setting forth the decision and the reasons therefore within forty-five (45) days after the final hearing of the proceeding is concluded, specifying such remedy (including money damages) as will (a) fully implement the intent and purposes of this TOS and (b) allocate all losses, costs, and expenses (including costs of arbitration and reasonable attorneys’ fees) in accordance with the findings of the arbiter with respect to the respective conduct of the parties. Notwithstanding the foregoing, any Service Provider Party may seek injunctive relief to enforce or protect any of its intellectual property rights or any of its interests that may be subject to irreparable harm in any court of competent jurisdiction without reference to the arbitration proceedings set forth herein. YOU AND THE SERVICE PROVIDER PARTIES WAIVE ANY RIGHT TO TRIAL BY JURY OF ANY CLAIMS OR DISPUTES RELATING TO THIS TOS OR THE SERVICE OR EQUIPMENT. NEITHER PARTY WILL, AND EACH PARTY WAIVES ANY RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT (INCLUDING ANY CLASS ARBITRATION) WITH REGARD TO THE SUBJECT MATTER OF THIS TOS.
- General:None of the Service Providers will be responsible or liable in any manner for any failure in the performance of this TOS to the extent that such failure is due to causes beyond its reasonable control. If any part of this TOS is found invalid (including without limitation any conflict with any applicable law or regulation) such invalidity will not affect the remaining portions of this TOS, and the parties will substitute for the invalid provision a provision that most closely approximates the intent and economic effect of the invalid provision. Failure by either party to complain of any act, or failure to act by the other party or to declare the other party in default, irrespective of the duration of such default, will not constitute a waiver of rights hereunder. This TOS constitutes the complete agreement between Customer and any Service Provider with respect to the subject matter hereof and supersedes all proposals (oral or written), all previous negotiations, and all other communications, including without limitation communications on the website of any Service Provider, except as set forth above.
Network Access and General Terms of Service Agreement for Affordable Mobile Phone Service
The acceptance of this Terms of Service Agreement begins when customer makes the first payment to JumpWireless.org for mobile cellular and data service and continues for the length of service use. Customer may terminate any line of service by contacting JumpWireless.org directly via phone. This agreement will continue on a month-to-month basis until customer cancels. JumpWireless.org reserves the right to cancel offers early or extend service offers without warning. Each line of service is on a pre-paid basis and must have a credit card associated with it. If payment is not received, in full, on the due date or within five (5) business days after the due date, services will be interrupted on the sixth (6) business day until payment is received. JumpWireless.org does not automatically provide paper or electronic statements and details to customers. If requested, a one-time fee per request of $2.50 will be charged at the time of request.
Coverage with JumpWireless.org is not available everywhere and is not guaranteed. Visit www.jumpwireless.org/coverage for additional coverage details. A $50.00 activation fee will apply for all new lines of service. A reactivation fee of $25.00 will be charged to all lines of service that have been disconnected or interrupted for non-payment.
Not all phones will work with JumpWireless.org services. JumpWireless.org reserves the right to block network access or refuse activation for devices that are not Sprint Certified or that have been reported lost, stolen, or suspended for non-payment of service or device. Monthly service charges are not refundable or prorated if service is terminated or modified before your billing cycle ends. Unused monthly plan minutes do not carry forward under any circumstance. Partial minutes used are rounded up to the next whole minute.
Prohibited Network Uses
JumpWireless.org reserves the right, without notice or limitation, to limit data through speeds or quantities or to deny, terminate, end, modify, disconnect, or suspend service if an individual engages in any prohibited voice or data uses, as detailed below, or if JumpWireless.org determines the network could be put at risk. Examples or prohibited voice uses: Voice services may not be used for monitoring services, transmission of broadcasts, transmissions of recorded material, or other connections that do not consist of uninterrupted live dialogue between individuals. Examples of prohibited data uses: Data services may not be used to disrupt email use, to transmit or facilitate any unsolicited or unauthorized advertising, junk mail, commercial or bulk email, or for activities adversely affecting the ability of other account holders.
Messaging rates are subject to change at any time. Standard messaging rates are charged when a message is sent or received, whether read or unread, viewed or unviewed, solicited or unsolicited. There is no guarantee that messages will be received, and JumpWireless.org is not responsible for lost or misdirected messages. Most text messages are limited to 160 characters. Multimedia messages are available at a charge of $6.00 per month.
This service is available with all JumpWireless.org accounts. Usage is calculated on a per gigabyte rate. Customer is responsible for all data activity to and from device, regardless of who initiates the activity. Estimates of data usage will vary from actual use.
Services are subject to JumpWireless.org business policies, practices, and procedures. Customer agrees to adhere to all of JumpWireless.org policies when utilizing JumpWireless.org services. Policies are subject to change at any time, with or without notice.
Restrictions on Using Services
Customer may not use JumpWireless.org services: in a way that could cause damage or adversely affect any other customers or the reputation of JumpWireless.org, its network, property or services; or in any way prohibited by the terms of JumpWireless.org services, the agreement, or policies. Customer may not resell JumpWireless.org services to another party under any circumstances.
Device and Phone Number
JumpWireless.org is not responsible for any defects, acts, or omissions by the manufacturer. The only warranties on the device are the limited warranties given to customer by the manufacturer directly or that JumpWireless.org passes through. Device performance may vary based on specifications. Customer device is a Sprint Certified device and can only be activated on the Sprint network and in other coverage areas made available. Sprint Certified devices will not accept wireless service from another carrier.
Customers of JumpWireless.org shall acquire no proprietary interest in the number assigned by JumpWireless.org for its use. The supplier of wireless services to JumpWireless.org shall have no liability whatsoever for customer losses, claims, or damages for any cause whatsoever, including but not limited to any failure or disruption of wireless services provided hereunder, regardless of the form of action, whether in contract or in tort or otherwise. Customer shall not be deemed a third-party beneficiary of any contract between JumpWireless.org and the supplier.
Porting/Transferring Phone Numbers
JumpWireless.org does not guarantee that number transfers to JumpWireless.org or from JumpWireless.org will be successful. Customers have the ability to port a number to JumpWireless.org at a minimum fee of $65.00.
Customer will have service where ever there is Sprint coverage. Coverage is subject to change without notice. Coverage and service speeds are not guaranteed. Actual speeds will vary.
Fees, Activation, & Miscellaneous Charges
Based on specific policies, JumpWireless.org may charge activation, prepayment, reactivation, and additional service and other fees to maintain quality service.
Account & Service Charges
Customer is responsible for all charges associated with the account and the services to the account, no matter who adds, removes, or uses the services. Charges include, but are not limited to, monthly recurring charges, additional service charges, and reactivation charges.
JumpWireless.org bills in advance of the month of service. JumpWireless.org bills on the 5th and 20th of each month. Upon agreeing to service, customer and JumpWireless.org staff will determine the best billing date to meet the needs of the customer. Payment is expected in full within five (5) business days of the due date. If payment in full is not received by close of business on the fifth (5) business day, services may be interrupted, and a reactivation fee may be required to continue service.
If device is lost or stolen, customer should contact JumpWireless.org immediately to suspend services. Customer may be responsible for charges before notifying JumpWireless.org of the loss/theft. Customer will be responsible for replacement of lost/stolen device.
Disclaimer of Warranties
UNLESS EXPRESSLY PROVIDED IN WRITING OTHERWISE, JUMPWIRELESS.ORG MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING (TO THE EXTENT ALLOWED BY LAW) ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING SERVICES (INCLUDING DEVICE AND ANY SOFTWARE OR APPLICATIONS ON DEVICE). JUMPWIRELESS.ORG DOES NOT PROMISE UNINTERRUPTED OR ERROR-FREE SERVICES AND DOES NOT AUTHORIZE ANYONE TO MAKE WARRANTIES ON ITS BEHALF. JUMPWIRELESS.ORG, SUBSIDIARIES, AFFILIATES, PARTNERS, ETC., PROVIDE ALL SOFTWARE AND APPLICATIONS ON AN “AS IS” BASIS WITH ALL FAULTS, ERRORS, AND DEFECTS.
Customer Agrees That JumpWireless.org Is Not Responsible For Certain Problems
Customer agrees that JumpWireless.org, nor its subsidiary, or affiliate companies, nor its vendors, suppliers, or licensors are responsible for any damages, delay, interruption, or other failure to perform resulting from: (a) anything done or not done by someone else; (b) providing or failing to provide Services, including, but not limited to, deficiencies or problems with a Device or network coverage (for example, dropped, blocked, interrupted Services, etc.); (c) traffic or other accidents, or any health-related claims relating to our Services; (d) Data Content or information accessed while using our Services; (e) an interruption or failure in accessing or attempting to access emergency services from a Device, 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 customer Device or any computer or equipment connected to said Device, or damage to or loss of any information stored on the Device, computer, equipment, or JumpWireless.org storage space from customer use of the Services or from viruses, worms, or downloads of malicious content, materials, data, text, images, video, or audio; or (i) things beyond the control of JumpWireless.org, including acts of God (for example, weather-related phenomena, fire, earthquake, hurricane, etc.), riot, strike, war, terrorism, or government orders or acts. Customer is solely responsible for and should implement appropriate safeguards to secure the Device, computer, or equipment and to back-up information stored on each.
Customer Agrees That JumpWireless.org Liability Is Limited – No Consequential Damages
TO THE EXTENT ALLOWED BY LAW, JUMPWIRELESS.ORG LIABILITY FOR MONETARY DAMAGES FOR ANY CLAIMS THAT CUSTOMER MAY HAVE AGAINST JUMPWIRELESS.ORG IS LIMITED TO NO MORE THAN THE PROPORTIONATE AMOUNT OF THE SERVICE CHARGES ATTRIBUTABLE TO THE AFFECTED PERIOD. UNDER NO CIRCUMSTANCES IS JUMPWIRELESS.ORG LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, MULTIPLE, OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT OF OR RELATED TO PROVIDING OR FAILING TO PROVIDE SERVICES IN CONNECTION WITH A DEVICE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF BUSINESS, OR COST OF REPLACEMENT PRODUCTS AND SERVICES.
Customer agrees to indemnify, defend, and hold JumpWireless.org and its subsidiaries, affiliates, parent companies, vendors, suppliers, and licensors harmless from any claims arising out of or relating to actions, including, but not limited to, use of the Service and any information customer submits, posts, transmits, or makes available via the Service; failing to provide appropriate notices regarding location-enabled services; failure to safeguard passwords, backup question to shared secret question, or other account information; or violating this Agreement or any policy referenced in this Agreement, any applicable law or regulation, or the rights of any third party.