Seniors Wireless Terms and Conditions of Service
Welcome to Seniors Wireless. We reserve the right to change or modify these Terms and Conditions ("Ts&Cs") at any time, effective immediately when posted to Seniors's website: www.seniorswirelees.com Please check our website from time to time as these Ts&Cs may have changed.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND MAKE SURE THAT YOU UNDERSTAND EACH PROVISION AS THEY CONTAIN IMPORTANT INFORMATION ABOUT THE SERVICES PROVIDED TO YOU. THESE TERMS AND CONDITIONS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. THESE TERMS AND CONDITIONS LIMIT OUR LIABILITY AND THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
In these Ts&Cs the following terms have the following meanings: (a) "Seniors," "we," "us," and "our" refer to Seniors Wireless; (b) "you," "your," "user," "subscriber," or "customer" refer to the account holder or any other person who purchases, activates or uses the Wireless Services we provide; (c) "Device" means any phone, smartphone, tablet, data card, and any other device, equipment, accessory, or other product that we provide or sell to you, directly or indirectly via our authorized channel or that is assigned to, activated, or used on your account; (d) "Service(s)" or "Wireless Service(s)" means any wireless services we provide or that reference these Ts&Cs and includes, but is not limited to, our rate and service plans, billing services, offers, promotions, applications, programs, products, software, or any Device on your account; (e) "Charges" means any access and usage charges, taxes, surcharges, fees, including regulatory cost recovery fees, government fees (whether assessed directly upon you or upon Seniors) and other charges we charge you or that were accepted or processed through your Device and include, but are not limited to: airtime, data, data transport, roaming, monthly service, activation, administrative, customer care, restocking, reactivation, network and other surcharges; optional feature charges; toll, collect call and directory assistance charges; and any other charges or calls charged to your phone number.
You represent that you are at least 18 years old and/or that you are legally authorized to accept these Ts&Cs and to enter into this Agreement. Your Agreement with Seniors begins when you accept the Ts&Cs by doing any of the following: (a) giving us a written or electronic signature or telling us orally that you accept, or by otherwise accepting through any other printed, oral, or electronic statement; (b) paying for Service; (c) activating the Service; (d) attempting to use or in any way using the Service; (e) upgrading or modifying the Service; or (f) opening any Device packaging, or starting any application, program or software that says you are accepting. If you do not want to accept the Terms and Conditions, do not do any of these things.
Services are subject to our business policies, practices, and procedures ("Policies"), including our Acceptable Use Policy. You agree to follow our Policies when you use our Services. Our Policies are subject to change at any time. You can find them on our website at www.seniorswireless.com/legals
Other terms and conditions, including end user license agreements, apply to certain applications, software, programs, services, and features that we provide to you, that you obtain from a third party through us, or that you obtain directly from a third party. These other terms and conditions may be significantly different from the Ts&Cs that are part of your Agreement. It is your responsibility to read and understand any other terms and conditions before you accept them. We are not responsible for any third party terms and conditions.
We may change any part of the Agreement at any time, including the Ts&s, rates, fees, expenses, coverage area, provisioning technology, and charges for your Service. We will provide you with notice of material changes by SMS or by such other means practicable, as determined by Seniors in its sole discretion. If you continue to access or use our Services or increase your account balance on or after the effective date of a change, you accept any change. Do not access or use our Services after the effective date of a change if you decide to reject the change and cancel Service. You will not be entitled to any refund or credit for the unused portion of your account balance if you decide to cancel Service.
Either party may terminate this Agreement (which will terminate the provision of Seniors services) at any time and for any reason. You remain responsible for all charges for your Services until your account is cancelled. You may also request that we transfer ("port") your number to another carrier and Service for that number will be cancelled when the porting is complete. We reserve the right to charge a fee if you request to port your number. You will be responsible for all charges until the port-out is complete. We do not guarantee that number transfers to or from us will be successful. You will not be entitled to any refund or credit for the unused portion of your account balance if you decide to cancel Service.
You agree that we may, in our sole discretion, without limitation and without notice, limit, interrupt, suspend or cancel your Service for any reason, including, but not limited to, (i) any conduct that we believe violates the Agreement, the Ts&Cs, or our Policies, (ii) your failure to have or maintain an adequate account balance, (iii) if you behave in an abusive, derogatory or similarly unreasonable manner with any of our representatives, or (iv) if we have reason to believe that your Device is being used for an unlawful purpose or in a way that may adversely affect our Service.
Seniors offers prepaid plans for basic and messaging phones, smartphones, and tablets ("PrePaid Plans"). Unless otherwise prohibited by your specific plan terms or type of device, you may change from one Seniors PrePaid Plan to another, although we may prohibit or restrict any plan change we believe is in violation of these Ts&Cs or any applicable Policy. Some PrePaid Plan changes may be conditioned on the payment of certain charges, and, depending on your plan, you may forfeit your remaining Prepaid Plan balance if you change PrePaid Plans. Information on our PrepIaid Plans is available at www.seniorswireless.com/plans
You are responsible for paying all Charges for Services provided under this Agreement, including Charges made by a person you permit to have direct or indirect access to your Device even if you did not authorize its use. These include, but are not limited to, (a) monthly access charges; (b) usage charges (if your plan includes metered usage); (c) charges for features and add-ons; (d) taxes, fees and other assessments imposed by the government that we are required to collect and remit to the government (to determine your primary place of use ("PPU") and which jurisdiction's taxes and assessments to collect, you are required to provide us with your street address; if you do not provide an address or it is outside our Service area, we will designate a PPU within the Service area for you and we may terminate your Service); (e) other fees and charges including activation, reactivation, prepayment, convenience payment, restocking, Device unlocking, number change, express delivery, upgrade, program, or other fees, including specific transaction fees, relating to Services and Devices purchased from us; and (f) surcharges that we collect and retain from our customers that include, but are not limited to, Federal or State Universal Service fees, regulatory charges, administrative fees, and government taxes or fees imposed on gross receipts, sales and/or property that we incur in providing Services to our customers. Surcharges are not taxes, and we are not required by the government to collect them from you. We determine the rate of these charges, and the amounts are subject to change.
You will may not have access to detailed usage records for most Services, and we will not provide you with monthly bills. You may access your account on our website or on your Device. We will attempt to send you monthly SMS reminders of your account status, but we cannot guarantee that you will receive them or that you will receive them before your account is suspended or canceled.
The availability of Services depends upon your payment in advance of all Charges when they are due. If you fail to make payments when due, the Services will be suspended and/or cancelled. By making a payment you will have access to Services for a limited amount of time and you must use the Services during the designated period of time; any unused allotment of Services from one designated period of time will not carry over to the next period. Charges for our Services and the amount of time Services are available following activation may vary. If your account is deactivated for non top up it will be placed in suspend mode for 15 days. If your account is not replenished before the end of the 15 day suspend period, it will be cancelled. Amounts paid for service charges are non-refundable and account balances are not transferable, refundable, or redeemable for cash. If your account is suspended or cancelled, for any reason, any remaining balance in your account will be forfeited. When your account is cancelled we will re-assign the phone number associated with your account, and that phone number, identification number, or email address associated with your account may no longer be available to you. We may also charge you a fee to reactivate Service.
An account password may be assigned to you. In order to protect the security of your account, you should change this password as soon as possible after your account is activated. If you do not change your password, your account may not be secure. You agree to protect your password, and other account access credentials from loss or disclosure. You authorize us to provide information about and to make changes to your account, including the purchase of products and/or Services, upon the direction of any person able to provide information we deem sufficient to identify you. You consent to the use by us or our authorized agents of regular mail, predictive or autodialing equipment, email, text messaging, facsimile or other reasonable means to contact you to advise you about our Services or other matters we believe may be of interest to you. We may contact you by any means regarding customer service-related notifications, or other such information.
Seniors does not manufacture any Device that we might sell to you or that can be used with our Services and we are not responsible for any defects, acts, or omissions of the manufacturer of any Device. THE ONLY WARRANTIES ON YOUR DEVICE ARE THE LIMITED WARRANTIES PROVIDED BY THE MANUFACTURER (WITH RESPECT TO WHICH WE HAVE NO LIABILITY WHATSOEVER). Your Device must be compatible with and not interfere with our Services, and must comply with all applicable laws, rules, and regulations. You may use your own Device with our Service ("Own Device"), but it must be compatible with and must not harm our network; if you use your Own Device, certain network and Device features and functionality may not be available and/or may not function properly with your Own Device. We reserve the right to prevent you from using any Device on our network. Device performance may vary based on your Device specifications including processor capabilities, software, memory and storage, and Device performance may impact access to all of our Services. We may periodically program Devices on our network remotely with software, system settings, applications, features or programming, without notice, to address security, safety or other issues that impact our network or your Device and that cannot be changed manually. These changes will modify your Device and may affect or erase data you have stored on your Device, the way you have programmed your Device, or the way you use your Device. You may be unable to use your Device until the remote programming is complete, even in an emergency. Devices purchased from Seniors or from any Seniors authorized agent retail location are sold exclusively for use with Seniors Wireless Service, are designed for use only on Seniors's network, and no other, and may not function on other wireless networks. By purchasing a Seniors Device you agree to activate and use it with Seniors Wireless Service. You also agree that you will not make, nor will you assist others to make, any modifications to any Seniors Device or programming to enable it to operate on any other system or network. You understand and acknowledge that Seniors Devices are sold solely for use with our network and that we will be significantly damaged if you use or assist others to use our Devices for any other purpose. You also agree not to take any action to circumvent limits on the quantity of Seniors Devices that may be purchased. You will be liable to Seniors for any damages resulting from conduct prohibited in this section.
Your Device may contain sensitive personal information (such as financial, healthcare, social security numbers, credit card numbers, pictures, videos) that you may wish to protect and not disclose to others. Seniors is not responsible for any of the information on your Device. You must remove any sensitive personal information from your Device before you return, exchange, recycle, or otherwise give up control of your Device. Information may remain on your device. Information left on your Device will be accessible to others who use your Device.
You must contact us immediately to report a Device that is lost or stolen. You are responsible for all charges incurred on your phone number until you report the theft or loss to us. After you report the theft or loss, you remain responsible for complying with your other obligations under this Agreement including the payment of any service fees. You further agree to cooperate in the investigation of fraud or theft and to provide us with such requested information and documentation (including any proof of loss and police reports) as we may reasonably request.
Services may be interrupted, delayed, or otherwise limited for a variety of reasons, including environmental conditions, unavailability of radio frequency channels, system capacity and constraints, priority access by National Security and Emergency Preparedness personnel in the event of a disaster or emergency, coordination with other systems, equipment modifications and repairs, and problems with the facilities of interconnecting carriers. We do not guarantee the availability of the wireless network or any Wireless Services. You will not have access to our network outside of our coverage areas. Coverage maps, available on our website, show a high-level approximation of wireless coverage and there are gaps in coverage not shown by this approximation; actual coverage may vary and be affected by terrain, weather, foliage, buildings, signal strength, high-usage periods, customer equipment and other factors. We do not guarantee coverage and our maps do not show actual network performance.
Voice Services are provided primarily for live dialog between two individuals. If Seniors determines that you are using our Voice Services for other than live dialog between two individuals, we may terminate your Service. Voice Services are subject to our Acceptable Use Policy at www.seniorswireless.com/aup.
If your service plan or feature includes measured voice usage, your airtime is charged in full-minute increments, and actual usage is rounded up to the next full-minute increment at the end of each call. We charge a full minute of airtime usage for every fraction of the last minute of airtime used. Airtime begins for outgoing calls when you press SEND (or similar key) and for incoming calls when a signal connection from the caller is established with our facilities. Airtime ends after you press END (or similar key), but not until the disconnect signal is received by our facilities and confirmed. All outgoing calls for which we receive answer supervision or which have at least 30 seconds of airtime, including ring time, will incur a minimum of one minute airtime charge. Answer supervision is generally received when a call is answered; however, answer supervision may also be generated by voicemail systems, private branch exchanges, and interexchange switching equipment. Airtime may include time for us to recognize that only one party has disconnected from the call, time to clear the channels in use, and ring time. Airtime may also occur from other uses of our facilities, including voicemail deposits and retrievals, and call transfers. Calls that begin in one rate period and end in another rate period may be charged during the period in which the call began.
Seniors provides wireless data and messaging Services, including, but not limited to, features that may be used with Data Services and wireless content and applications ("Data Services"). Our Data Services are intended to be used for the following permitted activities: (a) web browsing; (b) email; (c) intranet access; (d) uploading and downloading ordinary applications and content to and from the Internet; and (e) using applications and content without excessively contributing to network congestion. You agree that Seniors may engage in any reasonable network management practice and that you will use Seniors's Data Services only for these permitted activities. Data Services are subject to our Acceptable Use Policy at www.seniorswireless.com/aup.
Our Data Services may allow you to access the Internet where you will have access to text, pictures, video, games, graphics, music, email, applications, sound, and other materials primarily from third party content providers unaffiliated with Seniors Wireless ("Data Content") and where you will have the ability to send, receive and share Data Content. You may also purchase Data Content with your Device from us or from third parties. Seniors is not a publisher of third party Data Content and is not responsible for any opinions, advice, statements, or other information, services or goods provided by third parties. Third party Data Content may among other things be offensive, indecent, violent, pornographic, inappropriate, false and misleading, inaccurate, unreliable, and unsuitable for children and minors — you are solely responsible for any third party Data Content accessed through our Data Services. The accuracy, appropriateness, content, completeness, timeliness, usefulness, security, safety, merchantability, fitness for a particular purpose, transmission or correct sequencing of any application, information or downloaded data is not guaranteed or warranted by Seniors or any content providers or other third party. Neither Seniors nor its content providers, service providers or other third parties shall be liable to you for any loss or injury arising out of or caused, in whole or in part, by your use of any information, application or content, or any information, application, or other content acquired through our Data Services. Third party Data Content may harm your Device and its software, and we are not responsible for any third party Data Content that you download, install, or use with our Data Services.
If your Service Plan or feature measures, or includes measured data usage, the data is measured by the kilobyte or the megabyte or gigabyte, where 1024 kilobytes equals 1 megabyte, and 1024 megabytes equals 1gigabyte. To determine your data usage, we calculate in full-kilobyte increments, and actual usage is rounded up to the next full kilobyte increment at the end of each data session. Data usage occurs whenever your Device is connected to our network and is engaged in any data transmission. This includes among other things, sending and receiving email, texts, documents and content; accessing websites; and downloading and using applications and content. Some applications, content, programs and software that you download or that come pre-loaded on your Device automatically and regularly send and receive data transmissions without any action by you and without your knowledge. For example, applications that provide real-time information and location-based information connect to our network and continuously send and receive updated information. In addition, advertisements or advertiser-related messages or data delivered to your Device, even if delivered to an application, as well as any messages or content initiating a response to an advertisement, will count toward your data usage. Network overhead, software update requests, email notifications, and resend requests caused by network errors can increase data usage. You will be charged for all data usage when your Device is connected to our network, whether you initiate the connection or it runs automatically in the background and whether successful or not.
Your basic and messaging phone plan, smartphone plans, or tablet plan may be an all included plan (for example included voice, text and data). Included use does not mean unreasonable use, and any included plan we may offer is subject to these Ts&Cs, including the prohibitions and restrictions against misuse and abuse of our Services, any reasonable network management practices, and our Acceptable Use Policy at www.seniorswireless.com/aup.
The software, interfaces, documentation, data, and content provided for your Device may be updated, downloaded, or replaced by feature enhancements, software updates, system restore software or data generated or provided subsequently by Seniors (hereinafter "Software") is licensed, not sold, to you by Seniors and/or its licensors/suppliers for use only on your Device. You are not permitted to use the Software in any manner not authorized by this license. You may not (and you agree not to enable others to) copy, decompile, reverse engineer, disassemble, reproduce, attempt to derive the source code of, decrypt, modify, defeat protective mechanisms, combine with other software, or create derivative works of the Software or any portion thereof. You may not rent, lease, lend, sell, redistribute, transfer or sublicense the Software or any portion thereof. You agree the Software contains proprietary content and information owned by Seniors and/or its licensors/suppliers. Seniors and its licensors/suppliers reserve the right to change, suspend, terminate, remove, impose limits on the use or access to, or disable access to, the Software at any time without notice and will have no liability for doing so. You acknowledge Seniors's Software licensors/suppliers are intended third party beneficiaries of this license, including the indemnification, limitation of liability, disclaimer of warranty provisions found in this Agreement.
You must respect the intellectual property rights of Seniors, our third-party content providers, and any other owner of intellectual property whose protected property may appear on any website and/or dialogue box controlled by Seniors or accessed through Seniors's websites. Except for material in the public domain, all material displayed in association with our Services are copyrighted or trademarked. Except for personal, non-commercial use, trademarked and copyrighted material may not be copied, downloaded, redistributed, modified or otherwise exploited, in whole or in part, without the permission of the owner.
When you purchase, activate or use our Services or Devices you agree that you will not misuse or abuse our Services or Devices by doing, among other things, any of the following: (a) purchasing a Device without intending to activate or use it on our network; (b) reselling or rebilling our Services, or reselling Seniors Devices; (c) modifying your Device from its manufacturer's specifications; (d) using our Services or Devices for any fraudulent or unlawful purpose; (e) using voice services as monitoring services, data transmissions, transmission of broadcasts, transmission of recorded material, or other connections which do not consist of uninterrupted live dialog between two individuals; or (f) using any Service in a manner that is burdensome or unusually excessive when compared to other customers in your area on similar plans or otherwise using any Service in a manner that makes it uneconomical or unprofitable for us to continue providing the Service to you. You agree that you will not use Data Services in any manner which: hinders customer or user access to the wireless network; compromises network security, capacity, or capabilities; excessively and disproportionately contributes to network congestion; adversely impacts network service levels or legitimate data flows; degrades network performance; causes harm to the network or other customers; is resold either alone or as part of any other good or service; tethers a wireless device to a computing device (such as a computer, Smartphone, eBook or eReader, media player, laptop, or other devices with similar functions) through use of connection kits, applications, devices or accessories (using wired or wireless technology) and you have not subscribed to a specific data plan designed for this purpose; or requires a specific data plan for a particular use and you have not subscribed to that plan. You agree not to engage in conduct toward our employees, customers, or others that involves the use of abusive, derogatory, insulting, threatening, vulgar, offensive or similarly unreasonable language or behavior; engage in conduct that is harmful to, interferes with, damages, or adversely affects our network and infrastructure, property, Services, Devices, operations, customers, reputation, intellectual property rights, or that results in the publication of threatening, offensive or illegal material, or generates spam or other abusive messaging or calling, a security risk, or a violation of privacy; or violate, in any way, these Ts&Cs, the Agreement, or our Policies.
We may, at our sole discretion, take any action to protect and maintain the integrity of our network, our rights and property, our Services, or the rights and interests of others, including, but not limited to (a) modifying, without advance notice, the permitted and prohibited data activities, and the optimization requirements for your Data Services; (b) engaging in any reasonable network management practice to enhance customer service, to reduce network congestion, to adapt to advances and changes in technology, and/or to respond to the availability of wireless bandwidth and spectrum; (c) reducing your data throughput speeds at any time or place if your data usage exceeds an applicable usage threshold; (d) using reasonable methods to monitor and collect customer usage information to better optimize the operation of the network; (e) interrupting, suspending, canceling or terminating your Wireless Services without advance notice; (f) blocking access to certain categories of numbers (e.g., 976, 900, and international destinations) at our sole discretion.
SENIORS MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING (TO THE EXTENT ALLOWED BY LAW), WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, ACCURACY, SECURITY, OR PERFORMANCE REGARDING OUR WIRELESS SERVICES, DEVICES, APPLICATIONS, SOFTWARE, OR OTHER SERVICES SUBJECT TO THIS AGREEMENT. WE DO NOT PROMISE OR GUARANTEE UNINTERRUPTED OR ERROR FREE SERVICE OR COVERAGE. AND WE CANNOT ASSURE YOU THAT IF YOU PLACE A 911 CALL YOU WILL BE FOUND.
You agree that, unless prohibited by law, the following limitations of service and liability apply and that neither we nor our parent companies, subsidiaries, affiliates, vendors, suppliers, or licensors are responsible for any damages resulting from: (a) any act or omission of a third party; (b) mistakes, omissions, interruptions, errors, failures to transmit, delays, or failures or defects in the Services or Software or Devices provided by or through us; (c) damage or injury caused by the use of Services, Software, or Device, including while used in a vehicle; (d) claims against you by third parties; (e) damage or injury caused by a suspension or termination of Services or Software by Seniors; (f) damage or injury caused by an interruption or failure in accessing or attempting to access emergency services from a Device, including through 911, Enhanced 911or any other emergency service; (g) any health-related claims relating to our Services or Devices; (h) data content or information accessed while using our Services; (i) loss or disclosure of any sensitive information you transmit; (j) interrupted, failed, or inaccurate location information services; (k) information or communication that is blocked by a spam filter; (l) damage to your Device or any computer or equipment connected to your Device, or damage to or loss of any information stored on your Device, computer, equipment, or Seniors storage space, including damage or loss from your use of the Services or from viruses, worms, or downloads of malicious content, materials, data, text, images, video, or audio; or (m) things we cannot control, including acts of God (such as hurricanes, tornados, fire, earthquake, etc.) riot, strike, war, terrorism, or government action.
UNLESS PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES IS SENIORS LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, MULTIPLE, SPECIAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE WHATSOEVER YOU OR ANY THIRD PARTY MAY SUFFER BY USE OF, OR INABILITY TO USE, SERVICES, SOFTWARE, OR DEVICES PROVIDED BY OR THROUGH SENIORS WIRELESS, INCLUDING LOSS OF BUSINESS OR GOODWILL, REVENUE OR PROFITS, OR CLAIMS OF PERSONAL INJURIES. THIS LIMITATION AND WAIVER ALSO APPLIES IF YOU BRING A CLAIM AGAINST ONE OF OUR SUPPLIERS IF WE WOULD BE REQUIRED TO INDEMNIFY THE SUPPLIER FOR THE CLAIM.
You agree to indemnify, defend and hold Seniors (including its officers, directors and employees) and our parent companies, affiliates, vendors, suppliers and licensors harmless from and against any and all claims for damages of any nature arising in any way from or relating to, directly or indirectly, the Services or Devices provided by Seniors or any person's use thereof (including, but not limited to, vehicular damage and personal injury), INCLUDING CLAIMS ARISING IN WHOLE OR IN PART FROM Seniors's ALLEGED NEGLIGENCE, or any violation by you of this Agreement.
WITHIN 100 DAYS OF THE DATE OF ANY EVENT GIVING RISE TO A DISPUTE, YOU MUST NOTIFY US IN WRITING AT OFFICE OF DISPUTE RESOLUTION, SENIORS WIRELESS, Suite 2340 401 EAST JACKSON STREET TAMPA FL 33602 OF SUCH DISPUTE, INCLUDING ANY DISPUTE OVER CHARGES OR SERVICE WE PROVIDED, OR YOU WILL HAVE WAIVED YOUR RIGHT TO DISPUTE THE CHARGES OR SERVICES AND TO BRING OR PARTICIPATE IN ANY LEGAL ACTION RAISING SUCH DISPUTE.
Dispute Resolution by Binding Arbitration
Most customer concerns can be resolved quickly and to the customer's satisfaction by calling our customer service department at 1-800-814-4204. In the unlikely event that Seniors's customer service department is unable to resolve a complaint you may have to your satisfaction (or if Seniors has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court (for customers in Puerto Rico, "small claims court" should be understood to mean the Puerto Rico Telecommunications Regulatory Board) instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. For any non-frivolous claim that does not exceed $75,000, Seniors will pay all costs of the arbitration. Moreover, in arbitration you are entitled to recover attorneys' fees from Seniors to at least the same extent as you would be in court. In addition, under certain circumstances (as explained below), Seniors will pay you more than the amount of the arbitrator's award and will pay your attorney (if any) twice his or her reasonable attorneys' fees if the arbitrator awards you an amount that is greater than what Seniors has offered you to settle the dispute.
Seniors and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to: claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising); claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and claims that may arise after the termination of this Agreement.
References to "Seniors," "you," and "us" include our respective subsidiaries, affiliates, agents, dealers, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of Services or Devices under this or prior Agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court (for customers in Puerto Rico, "small claims court" should be understood to mean the Puerto Rico Telecommunications Regulatory Board). This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Agreement, you and Seniors are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.
A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to Seniors should be addressed to: Office of Dispute Resolution, Seniors Wireless, suite 2340 East Jackson Street Tampa FL 33602 ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Seniors and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Seniors may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Seniors or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Seniors is entitled. You may download or copy a form Notice and a form to initiate arbitration at www.seniorswireless.com/arbiotrationform
After Seniors receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than $75,000. (The filing fee currently is $200 but is subject to change by the arbitration provider. If you are unable to pay this fee, Seniors will pay it directly upon receiving a written request at the Notice Address.) The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. (You may obtain information that is designed for non-lawyers about the arbitration process at www.seniorswireless.com/arbitrationinformation The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. Unless Seniors and you agree otherwise, any arbitration hearings will take place in the county (or parish) of the address associated with your phone number. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as otherwise provided for herein, Seniors will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse Seniors for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules.
If, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of Seniors's last written settlement offer made before an arbitrator was selected, then Seniors will pay you the amount of the award or $10,000 ("the alternative payment"), whichever is greater; and pay your attorney, if any, twice the amount of attorneys' fees, and reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration ("the attorney premium"). If Seniors did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive the alternative payment and the attorney premium, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney premium at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
The right to attorneys' fees and expenses discussed in paragraph (4) supplements any right to attorneys' fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under the applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorneys' fees or costs. Although under some laws Seniors may have a right to an award of attorneys' fees and expenses if it prevails in an arbitration, Seniors agrees that it will not seek such an award.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND SENIORS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Seniors agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
Notwithstanding any provision in this Agreement to the contrary, we agree that if Seniors makes any future change to this arbitration provision (other than a change to the Notice Address) during your Service Commitment, you may reject any such change by sending us written notice within 30 days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.
You are not liable for charges you did not authorize, but the fact that a call was placed from your Device is evidence that the call was authorized. Unauthorized charges may include calls made to or from your phone or other Device after it was lost or stolen. Once you report to us that the Device is lost or stolen and your Device is suspended, you will not be responsible for subsequent charges incurred by that Device. You can report your Device as lost or stolen and suspend Services without a charge by contacting us at 1-800-814-4204, by calling 611 from your wireless device, or online at www.seniorswireless.com If you notify us of any charges on your bill you claim are unauthorized, we will investigate and advise you of the result of our investigation within 30 days. If you do not agree with the outcome, you may file a complaint with the California Public Utilities Commission, and you may have other legal rights.
If you have any questions or concerns about your Seniors Wireless Service, please call Customer Care at 1-800-814-4204 or dial 611 from your wireless phone, or visit www.seniorswireless.com . If you are a Connecticut customer and we cannot resolve your issue, you have the option of contacting the Department of Public Utility Control (DPUC). Online: www.state.ct.us/dpuc; Phone: 1-866-381-2355; Mail: Connecticut DPUC, 10 Franklin Square, New Britain, CT 06051.
If you are a Puerto Rico customer and we cannot resolve your issue, you may notify the Telecommunications Regulatory Board of Puerto Rico of your grievance. Mail: 500 Ave Roberto H. Todd, (Parada 18), San Juan, Puerto Rico 00907-3941; Phone: 1-787-756-0804 or 1-866-578-5500; Online: www.jrtpr.gobierno.pr, in addition to having available arbitration, as provided above.
Assignment: eniors may assign this Agreement; but, you may not assign this Agreement without our prior written consent. SEVERABILITY: If any provision of this Agreement is found to be unenforceable by a court or agency of competent jurisdiction, the remaining provisions will remain in full force and effect. The foregoing does not apply to the prohibition against class or representative actions that is part of the arbitration clause; if that prohibition is found to be unenforceable, the arbitration clause (but only the arbitration clause) shall be null and void. Choice of Law: The law of the state in which our records indicate your telephone number is located shall govern this Agreement except to the extent that such law is preempted by or inconsistent with applicable federal law. In the event of a dispute between us, the law of the state in which our records indicate your telephone number is located at the time the dispute is commenced, whether in litigation or arbitration, shall govern except to the extent that such law is preempted by or inconsistent with applicable federal law. English Language: The original version of this Agreement is in the English language. Any discrepancy or conflicts between the English version and any other language version will be resolved with reference to and by interpreting the English version. Entire Agreement: This Agreement constitutes the entire agreement between you and Seniors, and supersedes any and all prior agreements and understandings relating to the subject matter of this Agreement. Survival: Those provisions of these Ts&Cs that would, by their very nature, continue beyond the termination of Services (including dispute resolution by binding arbitration, warranty disclaimers, limitations on liability), shall survive termination of Services.
There are several ways in which Seniors collects personal and other information about you. Personal information is information that identifies or is associated with a specific person, such as a name, address, telephone number, e-mail address, or information about activities directly linked to that person. Personal information does not include information that is not used to identify you, including aggregate or anonymous information.
If we have trouble processing your order, the contact information you provide is used to get in touch with you. We also use this contact information to provide you with updates regarding your current phone or service and to provide you with information about Seniors promotions and special offers.
Seniors may offer the opportunity to participate in contests, giveaways, or other similar promotions we sponsor. Except as explained otherwise in the rules for a particular contest, giveaway, or promotion, any personal information you provide will be used in accordance with this Policy.
Information from other sources: We may obtain information about you from outside sources and add it to or combine it with your account information. For example, we often receive information from the retailer from whom you purchased your Seniors phone or device prior to initiating service with us. We also may use commercially available demographic and marketing information from third parties to help us better serve you or inform you about products or services that we think will be of interest to you.
We use personal information for a variety of purposes, including providing you with Services. We use your personal information to do things like:
We do not share information that identifies you personally with third parties other than as follows:
Affiliates. We may share personal and non-personal information with affiliated entities for approved business purposes.
Seniors's Service Providers. We may share personal information with third parties who perform services on our behalf.
Third Party Verification Services. We may share limited personal information (e.g., address, phone number) with non-Seniors entities to assist with identity verification, and to prevent fraud and identity theft.
Other Third Parties with Your Consent. We may share information with Other Third Parties with Your Consent. For example, you may agree to our sharing your information with other third parties to hear about their products and services. Use of the information you agree to share will be subject to those third parties' separate privacy policies.
Business Transfers. Personal information about you may be disclosed as part of any merger, acquisition, sale of company assets or transition of service to another provider. In the unlikely event of an insolvency, bankruptcy or receivership, personal information may also be transferred as a business asset.
Protection of Seniors and Others. We may access, monitor, use or disclose your personal information or communications to do things such as:
We may share information that is de-identified or in an aggregated form that does not directly identify you. We share de-identified or aggregate information for purposes such as to:
We maintain a variety of physical, electronic and procedural safeguards. These safeguards help protect your personal information from loss, misuse and unauthorized access, disclosure, alteration and destruction. Be sure to use a strong password to access your information on seniorswireless.com and not one you use for other services.
Seniors does not knowingly collect personal information from children under the age of 13. You should be aware that if you purchase a Seniors services device and allow a child under the age of 13 to use it, any information collected from the usage of that device will appear to be your personal information and treated as such under this Policy.
If you have any questions about Seniors 's policies around children's privacy, please contact Seniors Customer Care at 1-800-814-4204
We offer you choices regarding how we contact you for marketing-related communications and whether we use information regarding your online or web activities for marketing purposes. We also offer you choices regarding the use of de-identified information to make ads you see on your device more relevant and to produce or facilitate production of business and marketing reports shared with third parties. Visit www.seniorswireless.com/privacy to learn about your choices and how to register your privacy preferences with us.
You may also let us know that you do not want us to contact you for marketing purposes by calling Seniors Customer Care at 1-800-814-4204 If you register a do-not-contact request with us, we still may contact you for non-promotional purposes, such as emails or wireless messages related to your account or our ongoing business relations. If you disable cookies on your Internet browser, you also may stop some collection and use of data when you visit our web sites. If you would like to change certain Seniors account information, you may create an online account and manage your account online. For more information, visit www.seniorswireless.com
Seniors shares personal information between Seniors affiliates and marketing agents for marketing purposes. Senior does not disclose customers' personal information to third parties for the third parties' direct marketing purposes without your consent. California residents may request the categories of personal information Seniors shared with its affiliates during the previous calendar year, if any. Written requests may be sent to the Office of Privacy suite 2340 401 East Jackson Street Tampa FL 33602. Seniors will respond to these requests within 30 days. Requests that come to Seniors by other means may result in a delayed response.
Seniors Wireless ("Seniors") has created this Acceptable Use Policy ("AUP") to encourage the responsible and reasonable use of Seniors networks, systems, services, websites and products (collectively, the "Seniors Network and Services") by the users ("Users") of the Seniors Network and Services. By using the Seniors Network and Services, you agree to be bound by the terms of this AUP. Seniors reserves the right to change or modify this AUP at any time, with any such changes or modifications effective when posted to Seniors website, www.seniorswireless.com. Use of the Seniors Network and Services after any such change or modification constitutes your acceptance of the change or modification to this AUP.
Each plan also includes a specific amount of high speed data access that enables you to browse, download and stream at up to 4G speeds (among other factors, your data speeds will depend on your device type and available coverage (e.g., 2G, 3G, 4G, 4G LTE)). If you are a current Seniors customer you can see how much high speed data access is included with your plan by logging into your account using the Seniors Wireless App on your smartphone or by going online at www.seniorswireless.com. If you are not a current Seniors customer you can see how much high speed data access is included in our current rate plan offerings by gong to www.seniorswireless.com/plans
We continuously measure your data usage to determine if your total usage, as aggregated over your monthly service period, exceeds the amount of high speed data access for your rate plan. If you run out of high speed data access during any monthly service period, you will still be able to use the data service, but your data access speeds will be reduced to a maximum 128 kbps until the end of your monthly service period. Once you begin your next month of service, your high speed data access will reset and you will once again have access to download speeds up to 4 Mbps on our 4G HSPA+ service or up to 8 Mbps with our LTE service.
To find out how much high speed access you have used during your monthly service period, log into your members area using the Seniors Wireless App on your smartphone or by going online at www.seniorswireless.com
We will also notify you by text message when you have used approximately 70% of the high speed data access allocated to your plan during the monthly service period.
The term "data speed" is commonly used as shorthand to describe the capacity at which a particular wireless internet access service can transmit data. This capacity is usually measured in the number of kilobits or megabits that can be transmitted in one second (kbps or mbps).
Some applications like email or basic web browsing do not require a substantial amount of speed to function optimally, while other activities like transferring large data files can be performed faster with higher-speed services.
Though data speeds vary due to several factors, including those beyond Seniors control, Seniors estimates that the typical Seniors network speeds range from 50 to 80 kbps for 1X/2G service, 200 to 800 kbps for EVDO/3G service, and 1 Mbps to 8 Mbps for 4G LTE service.
The actual data speeds that you experience will vary depending on a number of factors, including the type of device you are using, available network technology (e.g., 2G, 3G, 4G, 4G LTE), the websites or applications you are accessing, the time of day, network congestion, and other factors in the transmission path from your device to the Internet endpoint that you are accessing. You may also experience slower network speeds if a cell tower or area is experiencing more data usage than normal, which overburdens that tower or area. Coverage limitations may also affect your actual network speed, and coverage can be affected by terrain, weather, foliage, buildings, indoor use, signal strength, customer equipment and other factors.
High-bandwidth activities; such as downloading a full length movie or downloading large quantities of music files; use more data. Consider the following estimate in determining how much high speed access is sufficient for you: One (1) Gigabyte (GB) of data is enough data to send or receive approximately 1000 emails with attachments, 500 web page views, 400 Facebook/Twitter/Pinterest posts with pictures, 30 app downloads, 15 hours of streaming music and 5 hours of streaming video each month. Actual usage will vary.
If you have used all of your high speed data access and that you need more high speed access before your next service period, you can purchase additional high speed access for use during your current service period by logging into your Seniors Wireless App from your smartphone or by visiting us online at www.seniorswireless.com
Seniors data services are intended to be used for the following permitted activities: (a) web browsing; (b) email; (c) intranet access; (d) uploading and downloading ordinary applications and content to and from the Internet; and (e) using applications and content without excessively contributing to network congestion.
Seniors data services are not intended to be used in any manner which has any of the following effects and such use is prohibited if in Seniors sole discretion it: (a) conflicts with applicable law; (b) hinders other customers' access to the wireless network; (c) compromises network security or capacity; (d) excessively and disproportionately contributes to network congestion; (e) adversely impacts network service levels or legitimate data flows; (f) degrades network performance; (g) causes harm to the network or other customers; (h) is resold either alone or as part of any other good or service; (i) tethers a wireless device to a computing device (such as a computer, Smartphone, eBook or eReader, media player, laptop, or other devices with similar functions) through use of connection kits, applications, devices or accessories (using wired or wireless technology) and you have not subscribed to a specific data plan designed for this purpose; (j) there is a specific data plan required for a particular use and you have not subscribed to that plan; or (k) such usage is excessive or unreasonable.
In addition to any other actions Seniors may take for violations of this AUP, if in our sole discretion we reasonably believe that you are using Seniors data services in any manner that is prohibited, then we may without advance notice: (a) reduce your data throughput speeds; (b) restrict, interrupt or terminate any data session; (c) suspend, cancel or terminate your data services; (d) terminate your account; (e) move you to a more appropriate service plan with increased data or high speed data access allowances; and/or (f) decline to renew your wireless service.
Seniors data services may not be used in any manner that defeats, obstructs or penetrates, or attempts to defeat, obstruct or penetrate the security measures of our wireless network or systems, or another entity's network or systems; that accesses, or attempts to access without authority, the accounts of others; or that adversely affects the ability of other people or systems to use Seniors wireless services or other parties' Internet-based resources. For example, this includes, but is not limited to, malicious software or "malware" that is designed, intentionally or unintentionally, to infiltrate a network or computer system such as spyware, worms, Trojan horses, rootkits, and/or crimeware; "denial of service" attacks against a network host or individual user; and "spam" or unsolicited commercial or bulk email (or activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email).
Seniors data services may not be used in any manner that has the effect of excessively contributing to network congestion, hindering other customers' access to the network, or degrading network performance by maintaining a sustained or continuous wireless data service connection or active wireless Internet connection. For example, this includes, but is not limited to, server devices or host computer applications such as continuous Web camera posts or broadcasts, automatic data feeds, or automated machine-to-machine connections; "auto-responders," "cancel-bots," or similar automated or manual routines that generate excessive amounts of traffic or that disrupt user groups or email use by others; use of data services as a substitute or backup for private lines or full-time or dedicated data connections; peer-to-peer (P2P) file sharing services; and software or other devices that maintain continuous active Internet connections when a connection would otherwise be idle or any "keep alive" functions.
Seniors data services may not be used with high bandwidth applications, services and content not optimized to work with Seniors wireless data services and, therefore disproportionately and excessively contribute to network congestion. This includes, but is not limited to, redirecting television signals for viewing on computing devices, web broadcasting, and/or the operation of servers, telemetry devices, or supervisory control and data acquisition devices.
Voice services are provided for live dialog between two individuals. You may not use the voice services for commercial uses (such as telemarketing and marketing research), reselling service, monitoring services (for example baby monitoring and alarm monitoring), uses that maintain open lines of communication for extended periods of time, multi-party calling (separate calls initiated by you but not bridged together), data transmissions, transmission of broadcasts, transmission of recorded material, or other connections which don't consist of uninterrupted live dialog between two individuals.
In addition to any other actions Seniors may take for violations of this AUP, if in our sole discretion we reasonably believe that you are using Seniors voice services in any manner that is prohibited, then we may without advance notice: (a) terminate individual calls; (b) suspend, cancel or terminate your voice services; (c) terminate your account; and/or (d) decline to renew your wireless service.
You are prohibited from using Seniors messaging services (including text, picture and video) to send messages that contain advertising or a commercial solicitation to any person or entity without their consent. You must not use our messaging service to send messages that: (a) are bulk messages; (b) are automatically generated; (c) can disrupt our network; (d) harass or threaten another person; (e) interfere with another customer's use or enjoyment of our services; (f) generate significant or serious customer complaints; (g) that falsify or mask the sender/originator of the message; or (h) violate any law or regulation.
In addition to any other actions Seniors may take for violations of this AUP, if in our sole discretion we reasonably believe that you are using Seniors messaging services in any manner that is prohibited, then we may without advance notice: (a) deny, disconnect, suspend, modify or terminate your messaging service or messaging services with any associated account; and/or (b) deny, disconnect, suspend, modify or terminate the account.
We may, at our sole discretion, take any action to protect and maintain the integrity of Seniors Network and Services, our rights and property, or the rights and interests of others, including, but not limited to (a) modifying, without advance notice, the acceptable and prohibited data uses, and the optimization requirements for your data service; (b) engaging in any reasonable network management practice to enhance customer service, to reduce network congestion, to adapt to advances and changes in technology, and/or to respond to the availability of wireless bandwidth and spectrum; (c) reducing your data throughput speeds at any time or place if your data usage exceeds an applicable usage threshold; (d) using reasonable methods to monitor and collect customer usage information to better optimize the operation of the network; (e) interrupting, suspending, cancelling or terminating your wireless service without advance notice; and (f) blocking access to certain categories of numbers (e.g., 976, 900, and international destinations) at our sole discretion
Seniors prohibits use of the Seniors Network and Service in any way that is unlawful, harmful to or interferes with use of Seniors network or systems, or the network of any other provider, interferes with the use or enjoyment of services received by others, infringes intellectual property rights, results in the publication of threatening or offensive material, or constitutes Spam/Email/Usenet abuse, a security risk or a violation of privacy.
Failure to adhere to the rules, guidelines or agreements applicable to search engines, subscription Web services, chat areas, bulletin boards, Web pages, USENET, applications, or other services that are accessed via a link from the Seniors-branded website or from a website that contains Seniors-branded content is a violation of this AUP.
Seniors Network and Services shall not be used in connection with any criminal, civil or administrative violation of any applicable local, state, provincial, federal, national or international law, treaty, court order, ordinance, regulation or administrative rule.
Seniors Network and Services shall not be used to publish, submit/receive upload/download, post, use, copy or otherwise reproduce, transmit, re-transmit, distribute or store any content/material or to engage in any activity that infringes, misappropriates or otherwise violates the intellectual property rights or privacy or publicity rights of Seniors or any individual, group or entity, including but not limited to any rights protected by any copyright, patent, trademark laws, trade secret, trade dress, right of privacy, right of publicity, moral rights or other intellectual property right now known or later recognized by statute, judicial decision or regulation.
Seniors Network and Services shall not be used to host, post, transmit, or re-transmit any content or material (or to create a domain name or operate from a domain name), that harasses, or threatens the health or safety of others. In addition, for those Seniors Network and Services that utilize Seniors provided web hosting, Seniors reserves the right to decline to provide such services if the content is determined by Seniors to be obscene, indecent, hateful, malicious, racist, defamatory, fraudulent, libelous, treasonous, excessively violent or promoting the use of violence or otherwise harmful to others.
Seniors complies with all applicable laws pertaining to the protection of minors, including when appropriate, reporting cases of child exploitation to the National Center for Missing and Exploited Children. For more information about online safety, visit www.ncmec.org.
Seniors Network and Services shall not be used to publish, submit/receive, upload/download, post, use, copy or otherwise produce, transmit, distribute or store child pornography. Suspected violations of this prohibition may be reported to Seniors at the following email address: firstname.lastname@example.org . Seniors will report any discovered violation of this prohibition to the National Center for Missing and Exploited Children and take steps to remove child pornography (or otherwise block access to the content determined to contain child pornography) from its servers.
Violation of the CAN-SPAM Act of 2003, or any other applicable law regulating Electronic Messaging constitutes a violation of this AUP. For the purpose of this section "Electronic Message" shall mean any electronic message, including but not limited to email, SMS and MMS.
Electronic Messaging abuse is prohibited using Seniors Network and Services. Examples of Electronic Messaging abuse include but are not limited to the following activities:
Seniors Network and Services may not be used to interfere with, gain unauthorized access to, or otherwise violate the security of Seniors (or another party's) server, network, network access, personal computer or control devices, software or data, or other system, or to attempt to do any of the foregoing. Examples of system or network security violations include but are not limited to:
Seniors Network and Services Users are solely and fully responsible for the content of any material posted, hosted, downloaded/uploaded, created, accessed or transmitted using the Seniors Network and Services. Seniors has no obligation to monitor content of any materials distributed or accessed using Seniors Network and Services. However, Seniors may monitor content of any such materials as necessary to comply with applicable laws, regulations or other governmental or judicial requests; or to protect Seniors Network and Services and its customers. Seniors has no responsibility for any material created on or using Seniors network or accessible using Seniors Network and Services, including content provided on third-party websites linked to the Seniors network. Such third-party website links are provided as Internet navigation tools for informational purposes only, and do not constitute in any way an endorsement by Seniors of the content of such sites.
Seniors may suspend or terminate the wireless service of any User which Seniors in its sole discretion and judgment reasonably believes to have violated any part of this AUP. Seniors will suspend service for violation of the AUP as Seniors determines is reasonably practical under the circumstances to address the underlying violation. Seniors may take such further action as Seniors determines to be appropriate under the circumstances to eliminate or preclude repeat violations, and Seniors shall not be liable for any damages of any nature suffered by any User or third party resulting in whole or in part from Seniors exercise of its rights under this AUP.