Introduction
The following Terms of Service apply to i3Mobile services, products, subsidiaries, and affiliates. Please read these terms of use carefully. By accessing or using our Site, purchasing, activating, and/or using any i3Mobile products, or services in any way, you are agreeing to comply with these Terms of Service, including any policies and guidelines incorporated by reference (referred to collectively as the “Terms of Service''). These Terms of Service are a legally binding agreement between you and i3Mobile. Any changes or modifications to these Terms are effective and will be binding upon you when posted on our website at i3Mobile.us
Because these Terms of Service are subject to change at any time. You should always check our website for the most current version. When you accept these Terms of Service, you represent that you are at least 18 years of age and that you meet the eligibility standards for i3Mobile service.
Our Right to Make Changes
These Terms of Service may change at any time, including the prices for i3Mobile’s products and/or services without notice or obligation. Unless expressly prohibited by law, we reserve the right to modify or cancel this service or your account or take corrective action at any time and for any reason, including, but not limited to, your violation of any provision of these Terms of Service without notice or obligation. Your right to use our service is subject to our business policies, practices and procedures, rates and these Terms of Service, which we may change at any time. Further, we may remotely change your device’s software, applications, or programming without notice. This could affect information stored on your hot-spot device, your device’s programming, and how you can use your device. All aspects of the Service, including, Plan rates, offerings, features, functionality and other product specifications are subject to change without notice or obligation. Unless prohibited by law, we reserve the right to modify, change, or cancel any part of your service at any time including but not limited to rates, charges, how we calculate charges, discounts, coverage, technologies used to provide services, or your Terms without notice or obligation.
What Devices are Supported by i3Mobile
i3Mobile is powered by America's largest GSM network.
To work on our network, your device has to operate on one of these GSM frequencies:
4G LTE network - AWS, 700, 850, 1900MHz bands
For more information about GSM frequencies, please check your device manufacturer’s website or product details.
Reasonable Usage
Any Service that includes unlimited features, “unlimited” does not mean unreasonable use. Unlimited data service is provided solely for normal use. Other uses have a disproportionate impact on network resources and our ability to manage our network efficiently and are therefore considered unreasonable. Unlimited services may not be used for data transmissions, the transmission of broadcasts, the transmission of recorded material, or other connections that do not consist of uninterrupted live dialogue between two individuals. If i3Mobile finds that you are using an unlimited service offering for anything other than fair usage, i3Mobile may at its option terminate the service. i3Mobile reserves the right to cancel or deactivate service without notice, to protect the carrier’s network from harm due to any cause including, without limitation, the excessive and/or improper use of i3Mobile service.
i3Mobile reserves the right to deny or terminate service, without notice, to anyone. i3Mobile believes in using i3Mobile service in any manner prohibited above or whose usage, in i3Mobiles sole discretion, adversely impacts the carrier’s network or customer service levels. i3Mobile will presume you are engaging in prohibited use in violation of these terms of use if, in i3Mobile’s sole opinion, you are placing an abnormally high mobile web usage that is harmful or disruptive to the carrier’s network or services. If we determine, at our sole discretion, that you are using i3Mobile service in violation of the i3Mobile terms of use, or any other manner that we deem to be unreasonable or excessive, then we may terminate your data plan without any notice. Notwithstanding the foregoing, i3Mobile reserves the right to deny service, throttle, deactivate or cancel existing service to anyone for any reason at any time, at i3Mobile’s sole discretion.
You agree not to use i3Mobile service in any way that is illegal, fraudulent or abusive, as determined by i3Mobile in its sole discretion. Coverage is not available everywhere. Quality of service may be affected by conditions beyond our control, including atmospheric, geographic, or topographic conditions, or by you damaging your mobile phone. We do not warrant or guarantee that service will be available at any specific time or geographic location, or that service will be provided without interruption.
Any statements or maps provided by us, our agents or dealers about coverage are only intended to provide high-level estimates of our coverage areas when using our 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 our estimated coverage areas that, along with other factors both within our control, may result in service interruptions, slower data speeds, or lower quality of service.
Data Services and Usage
i3Mobile, in its sole discretion, may interrupt or suspend access due to abuse, excessive use, or violations of the Terms of Service. Data services may be throttled based on the underlying carrier providing services. Customers may experience throttled speeds when they reach a specified threshold set by the carriers. Customers may notice changes in the performance of certain applications when they are on throttled usage. Besides, i3Mobile and its underlying carriers may adjust periodically the applicable threshold for i3Mobile’s data usage practices. You are responsible for all data activity from and to your device, regardless of who initiates the activity. We reserve the right to deny or terminate service without notice for any misuse or any use that adversely affects network performance. Availability of data services is subject to change.
Specific Terms and Restrictions Regarding Data Services
Your relationship with companies that provide Data Content is between you and those companies. You are responsible for any information you share and it is recommended that you use good judgment and care when you communicating and interacting with any website.
Disputed Charges
If you think that there has been an error in any charge to your account, you must notify us immediately. Contact customer service and an account specialist will investigate your claim. If you do not notify us within 30 days of the error, you waive any right to dispute the charge, including in arbitration or a court proceeding. If we determine that the disputed charge was inappropriate, your account will be credited or you may receive a refund. If you agree to a credit or refund, you agree that this action has settled the dispute. If we have attempted to charge your credit card for a charge that we deem is authorized and valid under these Terms of Service, and the credit card company withholds such payment because the charge has been disputed (a “charge-back”), we reserve the right to suspend your access to our service for up to 30 days until the Chargeback is reversed. If the Chargeback is not resolved and reversed, your account will be deactivated at the end of the 30 days.
Refunds
All sales are refundable within 30 days. Plan refunds have to be requested within 14 days after the initial subscription date to get a full refund. Any refund request after 14 days up to 30 days will receive a partial refund.
Lost or Stolen Equipment
If your device is lost or stolen, you are responsible for charges incurred until you notify us of the loss of your wifi device by contacting customer service. Upon receiving notice that your device is lost or stolen, i3Mobile will suspend your account. A replacement SIM card can be purchased directly from our website.
PROMOTIONS
All promotions are for a limited time and subject to restrictions and limitations. i3Mobile expressly reserves the right to change and/or cancel promotions offered at any time. i3Mobile reserves the right to deny or terminate service and/or promotions without notice for any misuse or any use that adversely affects network performance. i3Mobile reserves the right to change coverage, services, and promotions, offered at any time, and i3Mobile expressly reserves the right to deny service for any or no reason without liability or penalty, except as expressly stated in these Terms and Conditions.
Acceptable Use of i3Mobile Products and Services
You may not use i3Mobile’s service for any illegal purpose, including harassing, threatening, abuse, defaming, or slandering any individual or entity. You may not use our service in a manner that interferes with another i3Mobile customer’s use of our service. i3Mobile and its business partners provide data for non-commercial use only. You may not publish or send any content that encourages unlawful, criminal, or fraudulent activity or that violates any i3Mobile rule or policy. i3Mobile Products and Services are sold exclusively for use by you, the end consumer. The unauthorized use or resale of your i3Mobile SIM card is a violation of this Agreement. You also agree not to use unauthorized PINs associated with i3Mobile’s products or Plans or engage in any other unauthorized or illegal use of the Service or assist others in such acts. In the event of termination of service for any other unauthorized usage, you will forfeit unused Service and you will not be entitled to receive a refund for any unused Service.
Suspension or Termination of Services
We reserve the right to issue a warning and to suspend or terminate your access to our service at any time should we determine in our sole discretion that you have violated these Terms of Service or any other rule or policy of i3Mobile.
Location-Based Services
Location-based information is information that indicates the location of your i3Mobile SIM card. When you turn on your wireless hot spot device, your device automatically communicates with our network and relays its current location unless you have turned off your device’s location functionality. Terminating location-based services will not affect the status of any other services you receive from us.
Use of your Customer Information
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 service and the calls that you place and receive. We will always handle this data, so-called “Customer Proprietary Network Information” (“CPNI”) under Federal Communications Commission regulations, federal consumer privacy laws and the i3Mobile Privacy Policy. We take reasonable steps to protect CPNI and your other personal information from unauthorized use or disclosure.
Dispute Resolution
i3Mobile and you, each agree to contact one another first, with any disputes. You must contact us with any dispute and provide a description of the problem as well as all relevant documents/information and the proposed resolution. We will contact you at the last address that you have provided us or on your mobile phone. We each agree to negotiate in good faith to resolve any dispute. You agree to pay all amounts reflected on your account, even while a dispute is being resolved.
No Trial by Jury
To the extent permitted by law, if a claim proceeds in court, we each also waive any right that we may have to trial by jury in any lawsuit or other proceeding. Unless otherwise specified herein, any disputes of a legal nature, whether a claim, complaint, arbitration demand or otherwise, shall be subject to the exclusive jurisdiction of the federal or state courts located within Rehoboth Beach in the State of Delaware.
Limitation of Liability
Unless prohibited by law, i3Mobile and you agree to limit claims for damages or other monetary relief against each other to direct and actual damages. You agree that i3Mobile and its business partners 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) because 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. i3Mobile assumes no risk or responsibility for your use of any of the content provided as part of our services. You acknowledge that no fiduciary or other special relationship exists between you and i3Mobile, under these Terms of Service or your use of i3Mobile phones and services. You also agree we are not liable for data or information stored on your system or device.
Binding Arbitration
It is intended that this provision be interpreted broadly to encompass all disputes or claims arising out of our relationship. Any dispute or claim, including those against any of our subsidiary, parent or affiliate companies, arising out of or relating to this Agreement, our Privacy Policy or the Service or any equipment used in connection with the Service (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration except that (1) you may take claims to small claims court if they qualify for hearing by such a court, or (2) you or we may choose to pursue claims in court if the claims relate solely to the collection of any debts you owe to us.
Arbitration Procedures
You must first present any claim or dispute to us by contacting our 24/7 online Customer Support to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute has not been resolved within 90 days. The arbitration of any dispute or claim shall be conducted under the American Arbitration Association (“AAA”) under the Wireless Industry Arbitration Rules (“WIA Rules”), as modified by this Agreement. The WIA Rules and information about arbitration and fees are available upon request from the AAA online at www.adr.org. You and we agree that this Agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced under the Federal Arbitration Act and federal arbitration law. Unless you and we agree otherwise, any arbitration will take place in the county seat for the county in which your billing address is located. At either party’s election, the arbitration shall be held telephonically. An arbitrator may award any relief or damages (including injunctive or declaratory relief) that a court could award, except an arbitrator may not award relief above or contrary to what this Agreement provides and may not order relief on a consolidated, class-wide or representative basis. In any arbitration applying the WIA Rules applicable to large/complex cases, the Arbitrators must also apply the Federal Rules of Evidence, and the losing party may have the award reviewed under the review procedures outlined in the WIA Rules. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.
Waiver of Class Actions
By this Agreement, both you and we are waiving certain rights to litigate disputes in court. You and we both agree that any arbitration will be conducted on an individual basis and not on a consolidated, class-wide or representative basis. If for any reason this arbitration clause is deemed inapplicable or invalid, or to the extent, this arbitration clause allows for litigation of disputes in court, you and we both waive, to the fullest extent allowed by law, any right to pursue any claims on a class or consolidated basis or in a representative capacity.
Indemnification
You agree to indemnify and hold harmless i3Mobile and its affiliates and their respective officers, agents, partners and employees, from 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 i3Mobile products and services, or another person whom you authorize to use your products or services, whether based in contract or tort (including strict liability) and regardless of the form of action.
Warranties
We do not manufacture our equipment. The only warranties applicable to equipment are those extended by the distributor. We have no liability, therefore, in connection with mobile phones and other equipment or for manufacturers’ acts or omissions. accessories and materials are provided by i3mobile on an “as is” basis and as available, without any warranty or representation of any kind, whether express, implied, statutory or otherwise. to the fullest extent permitted by applicable law, i3mobile expressly disclaims any and all warranties, express or implied, including without limitation warranties of merchantability, accuracy, fitness for a particular purpose, non-infringement and the implied conditions of satisfactory quality and acceptance as well as any local jurisdictional analogues to the above and other implied or statutory warranties. we make no representations that the accessories or materials will meet your requirements and we do not guarantee that any content, information, software or other material accessible through i3mobile will be undamaged, unused, refurbished, or contain other harmful components.
Effect of Terms of Service
These Terms of Service supersede all oral or written communications and understandings between you and i3Mobile for our products and services to you and the terms under which they are offered and provided to you.
Entire Agreement
This Agreement and any other associated Agreements with i3Mobile constitutes the entire Agreement between You and i3Mobile. for any i3Mobile 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.
Effective Date: January 1, 2021
