Serving Wayne and Pike Counties
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Legal Notices

Cellular One Group maintains this Web site as a service to its customers. By using Web sites owned or operated by or on behalf of Cellular One Group or any links to third-party Web sites, you are agreeing to comply with and be bound by the following terms of use, which may change at any time

© 2008–2011 Cellular One Group, All Rights Reserved.

Cellular One Web Site Privacy Statement

This policy establishes how Cellular One will use information we gather about you from your visit to our web site. The privacy of our customers is of utmost importance to Cellular One.

If you visit the Cellular One site…

* To read or download information:

We may collect and store information for statistical purposes. For example, we may count the number of visitors to the different sections of our site to help us make them more useful to visitors. Similar information is gathered for anonymous file transfer protocol (ftp), remote account login, or for other comparable types of connections.

* To register:

Some of our sites ask visitors to fill out a registration form. For example, consumers or vendors accessing our Web site may be asked to fill out a survey located on our site. Other information which may be collected at these sites through questionnaires, feedback forms, or other means, enable us to determine a visitor's interests, with the goal of providing better service to our customers.

CELLULAR ONE AND ALL OTHER PARTIES INVOLVED WITH THE CREATION AND DELIVERY OF THE CONTENTS OF THIS SITE HAVE NO LIABILITY FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WITH RESPECT TO ANY PERSONAL INFORMATION WHICH IS GATHERED FROM VISITORS TO THIS SITE.

The Cellular One site contains links to third-party Web sites. These linked sites are not under the control of Cellular One Group, and Cellular One Group is not responsible for the contents or activities of any linked sites or any link contained in a linked site. Cellular One Group does not make any warranties, either express or implied, as to the quality, or the content of any such site.

This site is presented by Cellular One Group on an "as is" basis. Cellular One Group makes no representations or warranties of any kind, express or implied, as to the operation of the site, the information, content, materials or products included on this site. To the full extent permissible by applicable law, Cellular One Group disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Cellular One Group will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental punitive and consequential damages.

CELLULAR ONE® is a registered trademark and a service mark of Cellular One Group. SHOPCELLONE™ is a trademark and a service mark of Cellular One Group. These trademarks and service marks may not be used in connection with any product or service without the express permission of Cellular One Group. All other graphics, logos, trademarks, and service marks are proprietary to Cellular One Group or other respective owner(s) that have granted Cellular One Group the right to use such graphics, logos, trademarks, and service marks. Such graphics, logos, trademarks, and service marks may not be used in connection with any product or service without the express permission of Cellular One Group or the respective owner(s) of such graphics, logos, trademarks, and service marks.

All contents of this site, including text, graphics, logos and identity devices, button icons, photographic images, audio and video clips, and software, are the property of Cellular One Group or its content and product suppliers, and is protected by the copyright laws of the United States and by international copyright laws. The design (meaning the layout, arrangement and assembly) of all content elements of this site are the exclusive property of Cellular One Group, and as such are protected by the copyright laws of the United States and by international copyright laws.

All software used by this site is the property of Cellular One Group or its software suppliers and is protected by the copyright laws of the United States and by international copyright laws.

The reproduction, modification, distribution, transmission, republication, display or performance of the content and software on this site is strictly prohibited.

This Web site (excluding linked sites) is controlled by Cellular One Group from within the state of Texas, United States of America. It can be accessed from all fifty (50) states, as well as from other countries around the world. As each of these places has laws that may differ from those of Texas, by accessing this Web site both you and Cellular One Group agree that the statutes and laws of the state of Texas, without regard to the conflicts of laws principles thereof, will apply to all matters relating to this Web site.
You and Cellular One Group also agree and hereby submit to the exclusive personal jurisdiction and venue of the state or federal courts located in Dallas County, Texas, United States of America with respect to such matters.

Data Plans and Features: Permitted Uses. You can use our Data Plans and Features for accessing the Internet and for such uses as: (i) Internet browsing; (ii) e-mail;(iii) intranet access (including accessing corporate intranets, e-mail and individual productivity applications made available by your company);(iv) uploading, downloading and streaming of audio, video and games; and (v) voice over Internet Protocol (VoIP).

 

Data Plans and Features: Prohibited Uses.  You may not use our Data Plans and Feature for illegal purposes or purposes that infringe upon others' intellectual property rights, or in a manner that interferes with other users' service, that violates trade and economic sanctions and prohibitions as promulgated by the Departments of Commerce, Treasury or any other U.S. government agency, that interferes with network's ability to fairly allocate capacity among users, or that otherwise degrades service quality for other users. Examples of prohibited usage include:

  • (i)server devices or host computer applications that are broadcast to multiple servers or recipients such that they could enable "bots" or similar routines (as set forth in more detail (ii) below) or otherwise denigrate network capacity or functionality;
  • (ii)"auto-responders," "cancel-bots," or similar automated or manual routines that generate amounts of net traffic that could disrupt net user groups or e-mail use by others;
  • (iii) generating "spam" or unsolicited commercial or bulk e-mail (or activities that facilitate the dissemination of such e-mail);
  • (iv) any activity that adversely affects the ability of other people or systems to use either Cellular One of NEPA’s services or the Internet-based resources of others, including the generation of dissemination of viruses, malware, or "denial of service" attacks;
  • (v) accessing or attempting to access without authority, the information, accounts or devices of others, or to penetrate, or attempt to penetrate, Cellular One's or another entity's network or systems; or
  • (vi) running software or other devices that maintain continuous active Internet connections when a computer's connection would otherwise be idle or any "keep alive" functions, unless they adhere to Cellular One's requirements for such usage, which may be changed from time to time.

Customers who do not have dedicated Mobile Broadband devices cannot tether other devices to laptops or personal computers for use as wireless modems unless they subscribe to Cellular One’s hot spot services.

You may assess and monitor your own data usage during a particular billing period by accessing Cellular One’s online billing, or by contacting Customer Service.

We reserve the right to take measures to protect our network 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 Data Plans or Features in a manner that adversely impacts our network.

The Data Plans or Features are for individual use only and you may not offer them for resale.

We may monitor your compliance, or other subscribers’ compliance, with these terms and conditions, but we will not monitor the content of your communications except as otherwise expressly permitted or required by law.

Cellular One’s Mobile Broadband Open Internet Practices

Cellular One of Northeast Pennsylvania (“Cellular One®”) supports our country’s National Broadband Plan by helping to preserve the Internet as an open platform for innovation, investment, job creation, economic growth, competition and free expression. In doing so, we comply with the Federal Communications Commission’s (“FCC”) Open Internet Broadband Industry Rules and complementary principle of reasonable network management as they pertain to Cellular One as a Mobile Broadband provider. The purpose of this disclosure is to provide transparency into Cellular One’s network management practices, performance characteristics and terms and conditions of our Mobile Broadband services; therefore, end users who subscribe to our Mobile Broadband services can make informed choices and content, application, service and device providers have the information needed to develop, market, and maintain Internet offerings.

Frequently asked questions:

What is Mobile Broadband service?

Mobile Broadband Internet access (“Mobile Broadband”) service refers to any of our data services that you may use with a Smartphone, aircard modem, tablet or other wireless device for connection to the Internet. It provides the capability to transmit data to and receive data from all or substantially all Internet endpoints, including any capabilities that are incidental to and enable the operation of the service.

What are Cellular One’s Mobile Broadband network management practices?

Cellular One employs reasonable network management practices that are appropriate and tailored to achieving a legitimate network management purpose. Legitimate network management purposes typically include reasonable practices to provide security, confidentiality, and integrity of network services; reasonable measures to address traffic that is harmful to the network and providing services or capabilities consistent with an end user’s choices regarding services offered.

What are some of the performance characteristics of Cellular One’s Mobile Broadband services?

Cellular One’s 3G devices include Smartphones, feature and premium phones, wireless modems and tablets. These devices can be used for sending high resolution photographs, personal videos, browsing the web, accessing e-mail, downloading applications and accessing TV, music and radio applications.

Cellular One mobile broadband 3G users can expect typical data speeds of 400-600 Kbps for uploads, and 600 Kbps – 1.2 Mbps for downloads. Mobile broadband devices can experience peak speeds of up to 3.1 Mbps for the download and 1.8 Mbps for the upload. Actual speeds may vary due to area, coverage and compression. Customers can expect improved performance and lower latency for many applications running over our 3G network.

What are the terms and conditions that pertain to Cellular One’s Mobile Broadband services?

Smartphone, Tablet and Wireless Modem Data Plans may be used for: a) intranet access (including access to corporate intranets, e-mail and individual software applications), b) e-mail access and c) Internet browsing. Plans cannot be used for any other purpose including, but not limited to: a) continuous file transfers, b) telemetry applications, c) automatic data feeds, d) Web camera posts or broadcasts, e) automated functions, f) machine-to-machine applications or peer-to-peer file sharing, g) redirecting television signals for viewing on personal computers, or (h) as a substitute for private lines, frame relay or other dedicated connections. Cellular One reserves the right to limit throughput and to suspend/terminate service, without notice, if using the plan in a prohibited manner or if usage adversely impacts or potentially impacts our network or service levels. Using more than 5 GB/month is presumed to be using the service in a manner prohibited above.

Data Charges: "Mobile Content charges" include the non-recurring subscription fees incurred when you purchase data applications or mobile content from us or third parties for which we bill. "Data network usage charges" are the charges for transferring data (i.e., downloading applications, accessing the Internet, etc.) rendered in units of kilobytes, megabytes, or gigabytes. Each partial kilobyte of data transferred will be rounded up and billed as a full kilobyte. You will be billed data network usage charges even if you do not purchase anything during the data session (application, ringtone, game, etc.) For example, browsing the web or download shop, sampling ringtones or previewing a free trial of a game constitutes data network usage for which you will be billed according to your applicable data plan.

Billing Errors and Disputes: You may seek a credit or refund for errors in billing for up to 180 days after issuance to you of the bill on which the error is contained by contacting Cellular One as provided on your bill. You will have waived your right to dispute the bill and to bring, or participate in, any legal action raising such dispute if you fail to dispute the charge on your bill within 180 days after the issuance of the bill. We may also back bill you for any error that results in an underbilling to you within 180 days of the issuance of the bill that should have reflected the underbilled charge.

Arbitration: Any controversy or claim arising out of or relating to this agreement shall be resolved by binding arbitration at the request of either party pursuant to the wireless industry arbitration rules as modified by this agreement and as administered by the American Arbitration Association (“AAA”). We shall be fully responsible for filing, administration and arbitrator fees and we will advance, or reimburse you for, any reasonable filing, administration and arbitrator fees for any arbitration initiated in accordance with this paragraph. We will reimburse you for your reasonable attorneys’ fees and costs if the arbitrator awards you an amount equal to or greater than the amount you have demanded in such arbitration. The American Arbitration Association shall administer the arbitration and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction. Both parties acknowledge that this agreement is a transaction involving interstate commerce, and is therefore governed by the federal arbitration act. By agreeing to arbitration, both parties are waiving their right to litigate in court including any right to a jury trial. Unless you and we otherwise mutually agree, all hearings under such arbitration shall take place in the county of your billing address. At your option, you may bring an action against us in small claims court, notwithstanding this agreement. The parties agree that all claims, whether in arbitration or in small claims court, shall be treated individually and there shall be no consolidation of claims, class actions, representative actions or private attorney general actions. Cellular One expressly rejects and does not consent to any consolidation of claims or class action in the arbitration. This arbitration agreement survives the termination of this service agreement. For additional information on commencing arbitration and how the arbitration process works, you may call the American Arbitration Association at 800-778-7879 or visit their website at www.adr.org.

Terms & Conditions for BlackBerry® Service

If you purchase "BlackBerry" data services provided by Research in Motion Corporation (RIM) through us ("BlackBerry Service"), the BlackBerry Service shall be deemed to be part of the Service and, in addition to (and not in lieu of) the above Terms and Conditions of Agreement, the following Terms and Conditions for BlackBerry Service shall apply: For purposes of this "Agreement", "RIM License(s)" means the then current standard software license(s), in whatever form or medium provided by Research In Motion Corporation, a Delaware corporation and/or Research In Motion Limited, an Ontario corporation (individually and collectively, "RIM"), in conjunction with the "BlackBerry" wireless handset device and related services, including but not limited to the BlackBerry End User/Software License Agreement provided with the BlackBerry wireless handset device. A current set of versions of RIM Licenses can be found at http://www.rim.com/legal/index.shtml.

Requirements for BlackBerry Service

As a condition to receiving the BlackBerry Service, you must come to, and at all times during the term specified in the applicable service agreement and comply with the terms of the RIM Licenses. You acknowledge that your use of the BlackBerry Service requires that you, among other things, purchase a BlackBerry wireless handset device from us. You further acknowledge and agree that you shall be solely responsible for the selection, implementation, and performance of any third party equipment, software and telecommunication equipment and services (including without limitation, Internet e-mail connectivity used in connection with the BlackBerry Service. You shall be responsible for insuring that the computer equipment and e-mail system you use in connection with the BlackBerry Service meets our and RIM's minimum standards for interoperability including, without limitation, those with respect to memory requirements, processing speed, the choice of e-mail provider and client software and the use of Internet access for accessing Internet e-mail.

Rates and Charges

You shall pay for the BlackBerry Service at the rates set forth in your Service Agreement. We reserve the right to pass through to you with prior written notice any increased cost or applicable portion of such cost imposed on us by RIM with respect to your or our customers' average usage of the BlackBerry Service. You agree to pay any such cost passed through by us.

Termination by Us

We may terminate or suspend the BlackBerry Service (1) if we are prevented from providing the BlackBerry Service by any law, regulation, requirement or ruling issued in any form whatsoever by judicial or other government authority, (2) upon termination of any third party relationship including, without limitation, termination of our relationship with RIM, or (3) if you fail to comply with any term of your Agreement with us or any applicable RIM License. You will not be assessed an early termination fee if we terminate the BlackBerry Service for any reason set forth in the foregoing sub-sections (1) or (2).

Coverage

You acknowledge that the BlackBerry Service may be interrupted or unavailable due to the failure of third party suppliers or the termination of one of more third party supplier relationships with us including, without limitation, our relationship with RIM.

Disclaimer of Warranties

We shall have no liability to you or any end user for any portion of the BlackBerry service provided by RIM, itself or through or in conjunction with us, or for the accuracy, timeliness or continued availability of the BlackBerry service. We shall have no liability to you for any intellectual property infringement or misappropriation with respect to any element of the BlackBerry service provided by any third party including, without limitation, RIM, through or in conjunction with us. In addition, without limiting the generality of the foregoing, we specifically disclaim the suitability of the BlackBerry service for use in mission critical applications or in hazardous environments requiring fail safe controls, including without limitation, operation of nuclear facilities, aircraft navigation or communication systems, air traffic control and life support or weapons systems.

Does Cellular One block access to websites or applications?

Cellular One does not block end users from accessing lawful websites, subject to reasonable network management, nor do we block applications that compete with our voice or video telephony services, subject to reasonable network management.

How do I contact you if I have questions about Cellular One’s Mobile Broadband Open Internet Practices?

Cellular One welcomes your comments regarding our mobile broadband open internet practices. If you have questions or comments, please contact us.