Terms and Conditions for Cellular Service and Equipment
This Terms and Conditions for Cellular Service and Equipment Agreement (“Master Customer Agreement” or “Agreement”) is between Thumb Cellular, LLC (the “Company”) and the person or entity who has executed this Agreement (“Customer”). This Master Customer Agreement consists of this document and an execution page. The parties mutually agree as follows:
The Company agrees to furnish cellular telephone airtime and related services (the “Service”) and Cellular Radio Equipment as identified in this Agreement (the “Equipment”) to the Customer within the area served by the Company. The Customer accepts the responsibility for all charges incurred by Customer and any person Customer allows to use the Service or Equipment (each an “Authorized User”).
Related Policies & Terms
This Master Customer Agreement includes the terms set out in the Company’s Acceptable Use Policy, which is incorporated by reference into this Agreement and is available online at thumbcellular.com/terms-conditions. You may receive a copy of the Company’s Acceptable Use Policy by downloading a copy located at thumbcellular.com/terms-conditions or by writing to Thumb Cellular, Administrative Manager, PO Box 650, Pigeon, MI 48755. As part of agreeing to this Master Customer Agreement, you agree to comply with the Company’s Acceptable Use Policy. If there is a conflict between the Company’s Acceptable Data Use Policy and this Agreement, the terms of this Agreement control. Data Service sessions may be conducted only for the following purposes: (i) internet browsing; (ii) email; (iii) sending and receiving pictures; and (iv) browsing the BREW platform.
This Master Customer Agreement also governs and applies to Customer’s receipt of any other services or equipment from the Company, including services that Customer subscribes to after signing this Master Customer Agreement, such as data services and international long-distance telecommunications services.
Availability of the Service
Service may be temporarily refused or limited for various reasons, including system capacity limits; transmission limits caused by atmospheric and other natural or artificial conditions adversely affecting transmissions; and equipment modifications, upgrades, relocations, repairs, and similar activities.
Limitations of the Company’s Liability
BY ENTERING INTO THIS AGREEMENT, YOU ARE WAIVING CERTAIN LEGAL RIGHTS TO SUE THE COMPANY AND TO RECOVER CERTAIN DAMAGES.
Because of the inevitability of errors incident to the provision and use of the Service and Equipment, the Service and Equipment the Company furnishes is subject to these terms:
- The Company’s sole liability to its Customers and Authorized Users and others for interruptions in the Service or malfunctioning of the Equipment is as follows:
- As the Company’s full and complete liability, at the Customer’s request, a credit allowance will be made in the form of a prorated adjustment of the fixed monthly charges the Company billed Customer for the period of time Service is rendered inoperative by the interruption. If Customer or Authorized User is affected by such interruption for less than 24 hours, no such adjustment will be made.
- Any such interruption will be measured starting from the time it is reported to or detected by the Company, whichever occurs first.
- When an interruption exceeds 24 hours, the length of the interruption will be measured in 24-hour days. A fraction of a day consisting of less than 12 hours will not be credited, and a period of 12 hours or more will be considered an additional day. The credit allowance will be computed by dividing the length of the Service interruption by a standard 30-day month, and then multiplying the result by the Company’s monthly access charges for each interrupted Cellular Telephone Access Number (“Number”). In no case will the credit exceed the monthly access charges. No other liability will attach to the Company for such interruption to Service.
- A credit allowance will not be given for interruptions caused by: (i) the negligence or willful act of the Customer or any Authorized User; (ii) the failure of equipment or service not provided by the Company; or (iii) Company-provided equipment that has been modified, mishandled, or abused.
- The Company is not liable for any act of omission in the operation of non-Company facilities used in connection with the Service. Customer acknowledges that some or part of the Service may be offered by the Company through a contract with a third party (“non-Company service”). If the Company’s authority to provide a non-Company service is modified or terminated, the Company may modify or terminate the non-Company service to Customer without any liability to Customer.
- The Company is not liable for interruptions or delays in transmission or errors or defects in transmission that are caused by acts outside of Company’s reasonable control, including acts of God, fire, war, riots, or government authorities.
- The Company’s liability for loss or damage arising out of mistakes, omissions, interruptions, delays, errors, or defects in the Service, its transmission, or failures or defects in equipment and facilities over which the Service is furnished, occurring in the course of furnishing the Service and not caused by the negligence of the Customer or an Authorized User, may not exceed an amount equivalent to the proportionate charge to the Customer for Service for the month in which the event occurred. In no event is the Company liable for any indirect, incidental, consequential, or special damages, including without limitation any loss by the Customer or an Authorized User of business revenue, goodwill, or other claim arising in connection with the use of the Service or Equipment.
- The Customer and any Authorized User agrees to indemnify, defend, and hold the Company harmless against all claims against the Company that arise out of: (i) the Customer’s or an Authorized User’s violation of this Master Customer Agreement; (ii) any actual or alleged defamation, libel, or slander by Customer or any Authorized User; and (iii) the Customer’s or any Authorized User’s alleged infringement of a third party’s intellectual property rights, including any copyright from material transmitted through the use of the Service or Equipment.
- The Company is not liable for damages for any accident or injury related to the presence or use of the Service or Equipment or the Customer’s own equipment.
- The Company is not liable for any defacement or damage to the Customer’s or an Authorized User’s motor vehicle or to any other personal or real property resulting from the Equipment or use of the Service.
- The limit of Company’s liability arising from errors or omissions in a Customer’s directory listing, when the listing is ordered by the Company at the request of the Customer, will be no more than the initial nonrecurring directory listing charge.
Use of Service
- The Customer or Authorized User may use the Service for lawful purposes only. A Number may be associated with only one Cellular Radio Equipment Unit.
- The Service may not be used in violation of any applicable law or regulation, or in such manner as to interfere unreasonably with the use of the Service by any of the Company’s other customers or Authorized Users.
- Customer or Authorized User acknowledges that it is a violation of law and this Agreement to intentionally defraud Company by producing, using, or having control of a cellular telephone which has been altered.
If you request that we port a telephone number from another carrier to use as the Mobile Directory Number, you specifically authorize us to communicate and exchange information with your current carrier to validate and complete the port, and to port your telephone number. We will make every effort to honor your request to port a telephone number from another carrier into our Service.
You acknowledge that our ability to do so may be restricted by a number of factors, including the policies or actions of the other carrier, the rate center in which the telephone number is assigned, or other technical, regulatory, or contractual limitations. You acknowledge that E-911 service will be impaired during the processing of the port, which may take several hours or up to several days. We will make every effort to port with other carriers, but may refuse to honor a port request to another carrier if the other carrier is not able to provide adequate validation information on your account.
Any request to port a telephone number will be treated as if Customer asked the Company to cancel the Service for that telephone number. Customer will no longer have access to the Service for that telephone number, but will still remain responsible for any charges incurred under this Agreement.
Disconnection and Termination of Service by the Company
- The Company may terminate this Agreement if: (i) Customer breaches this Agreement in any manner; (ii) Customer fails to pay amounts due (under either this Agreement or another agreement between Company and Customer or any affiliate of Customer); (iii) Customer has provided materially misleading or materially false information to the Company; or (iv) a change in the law materially affects the Company’s ability to provide the Service. Before the Company terminates this Agreement, it will make commercially reasonable efforts to notify Customer before termination. Upon termination, Company will only be liable as provided in this Agreement. Company is not liable to any Authorized User for any damages resulting from interruption of Service due to a disconnection or termination of Service to a Customer.
- If the Equipment is used in violation of this Agreement, the Company may without notice take such actions as is necessary to protect the Service and the Company’s other customers, including disconnecting the Service to the Customer, without any credit allowance as provided in this Agreement. The Company may take further action as needed, and the Company may refuse, discontinue, or terminate the Service in its sole discretion. The Company may advise the Customer of the violation, in which case the Customer or Authorized User must discontinue such violation immediately confirming in writing to the company that such use has ceased or that the violation has been corrected.
- For all services other than international long distance services, the Company reserves the right to terminate your service if less than 50% of your usage over three consecutive billing cycles is on Company towers, and your mailing address and residence are not in the Company’s home area (which may change, but currently includes Huron, Tuscola, or Sanilac Counties). If the conditions of the usage as described above are violated, Thumb Cellular also may, only upon reasonable advance notice, move subscribers to another rate plan.
Termination of Service
A Customer may terminate Service only by directly notifying the Company either orally or in writing. The Customer is responsible for payment of outstanding charges for the period the Service was rendered. If Company-initiated disconnection or Customer-initiated termination occurs within the Minimum Contract Period (as defined in Paragraph 15 below), the Customer who has agreed to and received any special price offer is also responsible for payment of the full Minimum Contract Period amount, together with all costs, liquidated damages, and reasonable attorneys’ fees.
Ownership of Telephone Numbers
Neither Customer nor any Authorized User has a proprietary right in a Number provided by the Company. The Company reserves the right to assign, designate, or change such Numbers when, in its sole discretion and judgment, designation or change is reasonable or necessary in the conduct of its business. The Customer may not retain a Number provided by the Company for use with services provided by any other company.
The Company makes no warranties or representations whatsoever with respect to the operation of the Equipment of the Service.
THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE EQUIPMENT OR THE SERVICE. CUSTOMER USES THE EQUIPMENT AND SERVICE AT ITS OWN RISK.
Payment of Rates and Charges
- The Customer is responsible for one month’s payment of rates and charges in advance, as specified in the Company’s rate schedule currently in effect, for all Service furnished to the Customer or an Authorized User.
- In its sole discretion and at any time, the Company reserves the right to revise rates, charges, call timing policies, and rate plans for use of the Service by the Customer. Rates, charges, and call timing policies are defined in full in the Company’s rate schedule. If the Company revises rates, charges, call timing policies, or rate plans for Customer’s use of Service, those revisions will be effective no sooner than 30 days after any revision. If the Company revises rates, charges, call timing policies, or rate plans for Customer’s use of Service, the Company must notify the Customer of the revisions via letter, bill message, or another commercially reasonable method of notice.
- In its discretion, the Company may require Customer to make a security deposit for the establishment or continuation of the Service or the provision of Equipment. Such deposit and any calculated interest if applicable will be returned to the Customer, less any amounts due the Company, within 45 days after termination of Service. However, the Service Activation Fee is not a security deposit as described in the section. If Customer does not receive a past due notice from Company in a 12-month period, at Customer’s request, the security deposit will be refunded in the form of a credit on Customer’s bill.
- The minimum usage charge on each call is one minute. Fractions of a minute are rounded up to the next full minute.
- Subject to the maximum limitations imposed by applicable law, a late payment charge applies to each Customer bill when the previous month’s bill has not been paid in full, leaving an unpaid balance carried forward. The late payment charge will be applied to the total unpaid amount carried forward and will be included in the total amount due on the current bill.
- If the Customer’s Equipment is lost or stolen, the Customer is liable for all usage from Customer’s Number until such time as the loss or theft is reported to the Company either orally or in writing. In the case of theft, the Customer is responsible for obtaining a police report on the stolen unit and giving the report to the Company.
- Customer agrees to pay all applicable taxes, fees, or exactions that the Company charges in connection with the Service or Equipment.
- The Customer is responsible to pay the Company for any additional charges resulting from any service received as a roamer (“Roaming”). The rates and charges for Roaming are determined by the carrier from which the Customer or Authorized User received service as a roamer.
The Customer is also responsible for: (a) paying any applicable landline long distance charges; (b) paying for calls to Directory Assistance; and (c) paying for other charges or calls billed to the Customer’s Number. These charges are in addition to the charges for usage as described elsewhere in this Agreement.
If Customer is a person, firm, or organization other than the signer of this Agreement, the individual executing this Agreement on behalf of such Customer certifies having authority to sign on behalf of Customer. If the signer lacks that authority, the signer personally guarantees performance of all Customer’s obligations under this Agreement, including any costs and reasonable attorneys’ fees incurred by Company to enforce its rights under this Agreement. This is a continuing guarantee, and is not affected by any renewal, amendment, or supplement to this Agreement.
Minimum Contract Period
The Minimum Contract Period for each Number is one month, or such longer period of time as stated on the execution page. Customer acknowledges that any early Customer termination or early Company disconnection of the Service will result in financial damage to Company which is difficult to calculate. Therefore, in the event of early termination or disconnection for any reason, Customer is liable to Company for liquidated damages in an amount as stated on the execution page in addition to any other damages Company may be entitled to by law or under this Agreement, including all costs, expenses, and reasonable attorneys’ fees incurred by the Company. Customer agrees that these liquidated damages are not a penalty and are reasonable as determined under the circumstances. Early termination means any action or failure to act by Customer which causes a termination of this Agreement.
Terms of Agreement
This Agreement becomes effective on the date stated on the execution page and continues for the Minimum Contract Period unless sooner terminated as provided under this Agreement. After the Minimum Contract Period expires, this Agreement is automatically renewed from month to month. If service is temporarily suspended for delinquency of payment, this Agreement’s terms are extended for the number of days service was suspended to fulfill the terms of the Agreement.
The parties agree that this Agreement may not be assigned or transferred by the Customer, in whole or in part, without the prior written consent of the Company. The Company, may, upon 5 days’ written notice to Customer, assign all of its rights, duties, and obligations under this Agreement in Company’s sole discretion.
No failure or delay on the part of either party to exercise any right under this Agreement operates as a waiver of any term of this Agreement, nor will any single or partial exercise of any right by any party preclude exercise of any other right. No express waiver or assent by any party to any breach of or default in this Agreement constitutes consent to any succeeding breach of or default in that term.
This Agreement supersedes all prior discussions and agreements between the parties as to its subject matter. This Agreement contains the sole and entire agreement between the parties as to the matters covered by this Agreement. In the event of any conflict between the this Agreement and the terms of any other contract, service order, or other document used by the Company as to providing Customer with services, this Agreement controls.
This Agreement is made in and governed by the laws of the state of Michigan, without regard to conflict of law rules.
Purchase of Equipment
- Customer Agrees to pay Company for the stated term and at the price shown on the execution page, as well as all applicable accessory costs, installation, administrative fees, late charges, and sales tax. Customer also agrees to sign a service commitment for Company to service the Equipment. Company will bill Customer for all payments due under this Agreement.
- Title to the Equipment passes to Customer upon execution of this Agreement.
- Company reserves the right to take a security interest in the Equipment in the amount of the total purchase price. A copy of this executed Agreement may be filed on Company’s behalf at any time as a security agreement or financing statement to perfect Company’s security interest. Customer agrees to execute an appropriate financing statement if requested by Company.
- Customer assumes the risk of loss, damage, and destruction to the equipment from the date of its delivery to the Customer. Risk of loss does not affect title to the equipment nor does it affect any payment due under this Agreement.
The Company and Customer agree that this Agreement is at all times subject to changes or nullification by any authorized regulatory authority of the State of Michigan, the Federal Communications Commission, or any other authorized governmental body. Further, this Agreement is at all times subject to all applicable tariffs and other regulatory statements. Should the Company lose its license to operate, this Agreement will be cancelled as of the date the license is lost without penalty or recourse to the Company.
Taxes and Fees
The rate schedules of the Company do not include any amounts resulting from taxes, fees, or exactions imposed by or for any municipal operation or other political subdivision or agency of government. Customer must pay all taxes, fees, and exactions in addition to any charges due under this Agreement.
Unless the context requires otherwise, the term “including” means “including but not limited to.”
Headings are for convenience only and do not affect the interpretation of this Agreement.
All notices and other communications required or permitted under this Agreement must be in writing and must be sent to the party at whatever other address the party specifies in writing.
Revised and Effective: 11-01-2019 / 18258:00001:100058161-1
Acceptable Use Policy
Why is Thumb Cellular providing this Policy to me?
Thumb Cellular’s goal is to provide its customers who use the Internet through its mobile devices, and other equipment (the “Equipment”) with the best Internet service possible. To help accomplish this, Thumb Cellular has adopted this Acceptable Use Policy (the “Policy”). This Policy outlines acceptable use of the Internet using the Equipment obtained from Thumb Cellular (the “Service”). This Policy is in addition to those restrictions contained in the Thumb Cellular Customer Agreement (the “Customer Agreement”) available at thumbcellular.com/terms-conditions/ or any other agreement between Thumb Cellular and you. For the purposes of this Policy, Thumb Cellular refers to Thumb Cellular LLC and also any of its affiliates.
What obligations do I have under this Policy?
All Thumb Cellular Equipment customers and others who use the Service (the “customer,” “user,” or “you,”) must comply with this Policy and with the Terms and Conditions for Cellular Service & Equipment (“Customer Agreement”). Failure to comply with this Policy could result in the consequences set out in this Policy and the Customer Agreement. If you do not agree to comply with this Policy, you must immediately stop all use of the Service and notify Thumb Cellular so that it can close your account.
How will I know when Thumb Cellular changes this Policy, and how do I report violations of it?
Thumb Cellular may revise this Policy periodically. If it does so, it will post a new version at thumbcellular.com/terms-conditions/. Thumb Cellular will use reasonable efforts to make customers aware of any changes to this Policy, which may include sending e-mail announcements or posting information on the Thumb Cellular website. Revised versions of this Policy are effective immediately upon posting. Accordingly, you should read any Thumb Cellular announcements you receive, regularly visit the Thumb Cellular website, and review this Policy to ensure that your activities conform to the most recent version of this Policy. You can direct questions regarding this Policy to Thumb Cellular, as well as report any violations, calling 800-443-5057, x 203 or writing to Thumb Cellular, Administrative Department, PO Box 650, Pigeon, MI 48755.
What activities does Thumb Cellular prohibit?
You cannot use the Service for: (a) any illegal activity, (b) any action that infringes the rights of others, and (c) actions that interfere with or diminish the use and enjoyment of the Service by others. Further details are below.
Data Service sessions may be conducted only for the following purposes: (i) Internet browsing (ii) email; (iii) sending and receiving pictures; and (iv) browsing the BREW platform.
Unless specifically outlined by your rate plan as permitted, prohibited use of the Service includes, but are not limited to, using the Service: (i) with server devices or with host computer applications, including, without limitation, Web camera posts or broadcasts, continuous file transfers, continuous Internet browsing, continuous streaming video, automatic data feeds, telemetry applications, automated functions or any other machine-to-machine applications; (ii) as substitute or backup for private lines or dedicated data connections; (iii) in conjunction with WWAN or other applications or devices which aggregate usage from multiple sources prior to transmission; (iv) for any activity that adversely affects the ability of other people or systems to use either the Service or other parties’ Internet-based resources including, but not limited to, excessive consumption of network or system resources (whether intentional or unintentional) and “denial of service” (DoS) attacks against another network host or individual user; (v) for interference with or disruption of other network users, network services or network equipment.
Thumb Cellular reserves the right to: (i) limit throughput or the amount of data transferred, deny Service, or terminate Service, without notice, to anyone it believes is using the Service in any manner prohibited by this Policy or whose usage adversely impacts Thumb Cellular’s network or service levels; and (ii) protect its network from harm, which may impact legitimate data flows.
You may not send solicitations to Thumb Cellular subscribers without their consent. You may not use the Service other than as intended by Thumb Cellular and allowed under applicable law. Plans are for individual use only and are not for resale. While in a data session, you will be unable to make or receive voice calls.
Unless specifically outlined by your rate plan as permitted, unsupported uses include, but are not limited to, using the Service: (i) for uploading, downloading or streaming of video content (e.g. movies, TV), music, or games; (ii) for any applications that tether the device (through use of, including without limitation, connection kits, other phone or PDA-to-computer accessories, Bluetooth, or any other wireless technology) to a laptop, PC, or other equipment for any purpose; (iii) as a medium to distribute mass, unsolicited or otherwise unlawful mail or content. Service is not intended to provide full-time connections, and the Service may be discontinued after a significant period of inactivity or after sessions of excessive usage, which Thumb Cellular may determine in its sole and complete discretion; and (iv) for Voice over IP.
Conduct and Information Restrictions
The following uses of the Service are also prohibited:
- Undertake or accomplish any unlawful purpose;
- Upload, post, publish, transmit, reproduce, create derivative works of, or distribute in any way information, software, or other material obtained through the Service or otherwise that is protected by copyright or other proprietary right, without obtaining any required permission of the owner;
- Transmit unsolicited bulk or commercial messages commonly known as “spam”;
- Send large numbers of copies of the same or substantially similar messages, empty messages, or messages that contain no substantive content, or send large messages or files that disrupt a server, account, blog, newsgroup, chat, or similar service;
- Participate in any pyramid or other illegal scheme;
- Participate in collecting large numbers of e-mail addresses, screen names, or other identifiers of others (without their prior consent), a practice sometimes known as spidering or harvesting, or use software (including “spyware”) designed to facilitate this activity;
- Collect responses from unsolicited bulk messages;
- Falsify references to Thumb Cellular or its network, by name or other identifier, in any message;
- Impersonate any person or entity, engage in sender address falsification, forge anyone else’s digital or manual signature, or perform any other similar fraudulent activity (for example, “phishing”); and
- Violate the rules, regulations, terms of service, or policies applicable to any network, server, computer database, service, application, system, or website that you access or use.
Thumb Cellular does not allow you to:
- Access any other person’s computer or computer system, network, software, or data without that person’s knowledge and consent;
- Breach the security of another user or system, or attempt to circumvent the user authentication or security of any host, network, or account;
- Use or distribute tools or devices designed or used to compromise security; or
- Service, alter, modify, or tamper with any Thumb Cellular Equipment, including an AirCard, or permit any other person to do the same who Thumb Cellular has not authorized.
Network and Usage Restrictions
Thumb Cellular does not allow the following conduct regarding the usage of its network:
- Interference with the ability of any other person to use or enjoy the Service (except for tools for safety and security functions such as parental controls, for example), including, without limitation, posting or transmitting any information or software that contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others’ ability to use, send, or retrieve information;
- Disruption of the network or causing a performance degradation to the Service or any Thumb Cellular (or one of its suppliers) host, server, backbone network, node or service, or otherwise cause a performance degradation to any Thumb Cellular (or one of its suppliers) facility used to deliver the Service;
- Interference with computer networking or telecommunications service to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abusing operator privileges, and attempts to “crash” a host; and
- Access and use of the Service with anything other than a dynamic Internet Protocol (“IP”) address that adheres to the dynamic host configuration protocol (“DHCP”).
You may not configure the Service or any related equipment to access or use a static IP address or use any protocol other than DHCP unless you are subject to a Service plan that expressly permits you to do so.
Customer Conduct and Features of the Service
What obligations do I have under this Policy?
You are responsible for your own compliance with this Policy. You are also responsible for any use or misuse of the Service that violates this Policy – even if it was committed by someone else with access to your Service account. You must take steps to ensure that others do not use your account to gain unauthorized access to the Service by, for example, strictly maintaining the confidentiality of your Service login and password.
How does Thumb Cellular address inappropriate content and transmissions?
Thumb Cellular may refuse to transmit or post, and may remove or block, any information that it believes violates this Policy or that it believes is harmful to Thumb Cellular’s network or customers using the Service, regardless of whether this material or its dissemination is unlawful so long as it violates this Policy. Neither Thumb Cellular nor any of its affiliates, suppliers, or agents have any obligation to monitor transmissions or postings (including, but not limited to, e-mail, file transfer, blog, newsgroup, and instant message transmissions as well as materials available on the personal web pages and online storage features) made on the Service. However, Thumb Cellular and its affiliates, suppliers, and agents have the right to monitor these transmissions and postings from time to time for violations of this Policy and to disclose, block, or remove them in accordance with this Policy, the Customer Agreement, and applicable law.
Network Management and Use Limits
Why and how does Thumb Cellular manage its network?
Thumb Cellular manages its network so it can deliver the best possible broadband Internet experience to all of its customers. High-speed bandwidth and network resources are not unlimited. Managing the network is essential to promote customers’ use and enjoyment of the Internet.
Thumb Cellular uses reasonable network management practices that are consistent with industry standards, always trying to be minimally intrusive. And just as the Internet changes and evolves, so too will the Thumb Cellular network management practices so that it can address the on-going challenges on the Internet.
Are there restrictions on data consumption that apply to the Service?
Data consumption limits apply only to certain customers on certain plans. For the specifics of the plan you are on, please visit any Thumb Cellular Customer Care Center or by calling 800-443-5057 to speak with a representative. Also, Thumb Cellular may suspend or terminate Service accounts where data consumption is not characteristic of a typical residential user of the Service as determined by the company in its sole discretion.
Common activities that may cause excessive data consumption in violation of this Policy include, but are not limited to, numerous or continuous bulk transfers of files and other high capacity traffic using (i) file transfer protocol (“FTP”), (ii) peer-to-peer applications, and (iii) newsgroups. You must also ensure that your use of the Service does not restrict, inhibit, interfere with, or degrade any other person’s use of the Service, nor represent (as determined by Thumb Cellular in its sole discretion) an overly large burden on the network. In addition, you must ensure that your use of the Service does not limit or interfere with Thumb Cellular’s ability to deliver and monitor the Service or any part of its network.
Any use of the Service in violation of the restrictions above is a violation of this Policy.
Violation of this Acceptable Use Policy
What happens if you violate this Policy?
Thumb Cellular reserves the right to immediately suspend or terminate your Service account and terminate the Customer Agreement if you violate the terms of this Policy or the Customer Agreement.
How does Thumb Cellular enforce this Policy?
Thumb Cellular does not routinely monitor the activity of individual Service accounts for violations of this Policy, except for determining aggregate data consumption in connection with the data consumption provisions of this Policy.
However, in an effort to promote good citizenship within the Internet community, Thumb Cellular will respond appropriately if it becomes aware of inappropriate use of the Service or any violation of this Policy. Thumb Cellular has no obligation to monitor the Service or the network. However, Thumb Cellular may monitor bandwidth, usage, transmissions, and content to: (i) operate the Service; (ii) identify violations of this Policy; or (iii) protect the network, the Service, and Thumb Cellular users.
Before pursuing suspension or termination and where practicable, Thumb Cellular prefers to inform customers of inappropriate activities and give them a reasonable period of time in which to take corrective action. Thumb Cellular also prefers to have customers directly resolve any disputes or disagreements they may have with others, whether customers or not, without Thumb Cellular’s intervention.
However, if the Service is used in a way that Thumb Cellular believes violates this Policy, Thumb Cellular may take any responsive actions it deems appropriate under the circumstances with or without notice. These actions include, but are not limited to, temporary or permanent removal of content, cancellation of newsgroup posts, filtering of Internet transmissions, and the immediate suspension or termination of all or any part of the Service. Neither Thumb Cellular nor its affiliates, suppliers, or agents will have any liability for any of these responsive actions.
The actions described above are not Thumb Cellular’s exclusive remedies. Thumb Cellular may take any other legal or technical actions it deems appropriate with or without notice. Thumb Cellular reserves the right to investigate suspected violations of this Policy, including the gathering of information from the users involved and the complaining party, if any, and the examination of material on Thumb Cellular’s servers, equipment, and network. During an investigation, Thumb Cellular may suspend any account involved and remove or block material that potentially violates this Policy. You expressly authorize and consent to Thumb Cellular and its suppliers cooperating with: (i) law enforcement authorities in the investigation of suspected legal violations, and (ii) and system administrators at other Internet service providers or other network or computing facilities in order to enforce this Policy.
Upon termination of your Service account, Thumb Cellular is authorized to delete any files, programs, data, e-mail, and other messages associated with your account (and any secondary accounts). The failure of Thumb Cellular to enforce this Policy is not a waiver of its right to do so at any time. If any part of this Policy is held invalid or unenforceable, that declaration does not invalidate the remaining parts. You agree to indemnify, defend and hold harmless Thumb Cellular and its affiliates, suppliers, and agents against all losses, claims, judgments, damages, and expenses (including reasonable attorneys’ fees) resulting from any violation of this Policy. Your indemnification obligation will survive any termination of the Customer Agreement.
Revised and effective: 11-01-2019
18258:00001:100058155-1 • 18258:00001:100058155-1
Your privacy is important to us. Thumb Cellular (the Company) respects and protects the privacy of our customers. We carefully ensure the confidentiality of each customer’s account and calling information. Our employees are educated about their obligations to safeguard customer information and are held accountable for any failure to meet their obligations.
The Federal Communications Commission (FCC) has adopted new rules to safeguard the privacy of Customer Proprietary Network Information (CPNI) by telecommunications companies. CPNI is information typically available from details on a customer’s monthly bill that has been obtained in the normal course of providing service. It includes call detail records, services and features purchased, data usage, calling patterns and related billing information. The FCC rules add new requirements in accessing CPNI data, even when requested to do so by the account holders.
Any Thumb Cellular customer who wishes to access certain account information will need to establish a password in advance with Thumb Cellular and the Company’s customer service representatives must require the customer to give the password before accessing any CPNI data. CPNI information can only be sent to the mailing address on record at Thumb Cellular. Also, any customer visiting one of our offices must present valid government photo identification or give the account password before the Company’s customer service representatives will be allowed to divulge any CPNI data on an account. Please contact us at 1-800-443-5057 if you have not already set up your password.
Under Federal Law, you have the right to, and we have the duty to protect the confidentiality of your CPNI. Although it is Thumb Cellular policy not to use or provide CPNI to others for marketing purposes, under FCC rules, without further authorization from you, we can use CPNI to offer you services of the type you already purchase from us, or we may share CPNI with our affiliates that offer different categories of service, if they already have an existing service relationship with you. Thumb Cellular has affiliates, Pigeon Telephone Company and AVCI.net that offer local exchange and Internet services. Although Thumb Cellular does not currently use or provide CPNI for marketing purposes, if in the future the Company decides to share CPNI with our affiliates to offer you services that may be different from the type of services you currently buy from us, you will be notified in advance. You will then have the opportunity to tell us you do not want us to use your CPNI for that purpose. However, customers may receive marketing information developed without using confidential information.
Giveaway Rules & Conditions
NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A purchase of a product or service from the Sponsor or any of its member state agencies or companies will not improve the chance of winning. Void where prohibited. Subject to all federal, state and local laws. Participation may require Internet access. ALL ENTRIES MUST BE RECEIVED PRIOR TO THE GIVEAWAY DRAWING.
1. Random Giveaway/Odds: Winner(s) will be selected on or about the advertised date and time in a random drawing (the “Giveaway”) from among all eligible entries received. The Sponsor reserves the right to change the date of the drawing. The odds of winning the Prize depend upon the number of eligible entries received.
2. Eligibility: This Giveaway is open to any legal Resident of Michigan 18 years of age or older at time of entry, has a social security number or a U.S. taxpayer identification number, and has an address in Michigan (the “Entrant”). Employees, officers, and directors and their immediate families (parents, children, siblings, and spouse) and members of their household (whether or not related) of Agri-Valley Communications, Pigeon Telephone, Thumb Cellular, or Agri-Valley Services and other parties involved in any aspect with the creation, production, operation, execution and fulfillment of the Giveaway are not eligible to win.
3. How to Enter: Eligible Entrants must “Enter” by following the Giveaway’s advertised procedure, whether it be an online entry or in-person entry. The Sponsor is not responsible for lost, late, or corrupted entries, whether due to technical or computer malfunctions or otherwise. Each entrant may submit one entry per Giveaway.
ALL ENTRIES MUST BE RECEIVED BY THE END OF THE CONTEST PERIOD.
4. Prize: The winner will receive the advertised Giveaway prize (the “Prize”). A winner is not a winner of the Prize unless and until the winner‘s eligibility has been verified and the winner has been notified that verification is complete. The Prize is non-transferrable. The Sponsor is not responsible to deliver the Prize to the winner.
5. Notification: A winner will be notified by email, telephone or another reasonable method of communication. The Prize may be awarded to an alternate winner (selected in a random drawing from among all remaining eligible Entrants) if: (i) the Prize notification is returned as undeliverable or (ii) the Sponsor’s good faith attempts to contact the Entrant are unsuccessful. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of Prizes as set forth in these rules to be available and/or claimed, the Sponsor reserves the right to award only the stated number of Prizes by a random drawing among all legitimate, un-awarded, eligible Prize claims.
6. Miscellaneous and Conditions of Participation: This Giveaway is void where prohibited or restricted by law, and is subject to all applicable federal, state, and local laws and regulations. Taxes and fees, if any, are the sole responsibility of the Entrant. By entering the Giveaway, Entrants fully and unconditionally agree to be bound by these rules and the decisions of the Sponsor, which will be final and binding on all matters relating to this Giveaway, and each Entrant warrants that (s)he is eligible to participate in this Giveaway. The Sponsor reserves the right to disqualify any Entrant if these Giveaway rules are not followed, and to change, alter, or amend these Giveaway rules or to alter, modify, suspend, or terminate the Giveaway, as necessary, in its sole discretion, to ensure the fair administration of the Giveaway or to comply with applicable law.
7. Release: By participating, Entrants agree to release and hold harmless the Agri-Valley Communications, Pigeon Telephone, Thumb Cellular, and Agri-Valley Services, and their respective directors, officers, agents, affiliates and employees (collectively, “Released Parties”) from any and all liability for any claims, costs, injuries, losses or damages of any kind caused by participation in the Giveaway, including, but not limited to, the unauthorized or illegal access to personally identifiable or sensitive information. All entries become the property of the Sponsor and will not be acknowledged nor returned under any circumstances. Upon request of the Sponsor, entrant will provide a copy of any written consent and release. Neither Released Parties nor any service providers are responsible for late, lost, or misdirected or postage-due mail or for incorrect or inaccurate transcription of entry information, or for any human or other error, technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software, inability to access any online service or Web site, or any other error or malfunction, or any injury or damage to entrant’s or any other person’s computer, or for any other error related to or resulting from participation in this Giveaway, whether computer, technical, typographical, printing, human or otherwise, including, without limitation, errors or malfunctions which may occur in connection with the administration of the Giveaway, the processing or judging of entries, the announcement of the Prizes or in any Giveaway-related materials. Winners will grant to the Sponsor and its designees the right, except where prohibited by law, to use the names, likenesses, pictures, voices, information provided on the Official Entry Form, and written and oral statements, for advertising, promotional and online voting purposes in promoting the Sponsor, its products, Web sites, and/or this Giveaway or succeeding Giveaway, in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification or permission. Entries not complying with all rules are subject to disqualification.
8. Publicity: Except where prohibited by law, by entering the Giveaway and by winning, the Entrant grants to the Sponsor, the right to publicize the Entrant’s/winner’s name, photograph, image, likeness, voice, statements, and biographical information in all manner and media, worldwide, in perpetuity, for advertising, trade, and promotion purposes without compensation and without opportunity for review.
9. Limitations of Liability: The Sponsor, its employees, agents and representatives, officers and directors and their immediate families, successors and assigns, and all others associated with the development and execution of this Giveaway shall have no responsibility or liability for (i) any incorrect or inaccurate information, whether caused by Entrants, printing errors or by any of the equipment or programming associated with or utilized in the Giveaway; (ii) technical failures of any kind, including, but not limited to, malfunctions, interruptions or disconnections in telephone lines or network hardware or software; (iii) unauthorized human intervention in any part of the entry process or the Giveaway; (iv) technical or human error which may occur in the administration of the Giveaway; or (v) failed, incomplete, garbled, jumbled, corrupted or delayed computer transmissions which may limit an individual’s ability to enter the Giveaway, including any injury or damage to an Entrant’s or any other person’s computer relating to or resulting from entering the Giveaway or downloading any materials related to the Giveaway.
10. Entrant’s and Winner’s Personal Information: Information collected from Entrants will be maintained by the Sponsor and its representatives in accordance with applicable federal and state consumer privacy laws, rules and regulations.
11. Copy of Rules/Name of Winner: For a copy of these rules and/or the winner’s name, send your request and a self-addressed, stamped envelope to the address listed below.
12. Sponsors: Agri-Valley Communications, Pigeon Telephone, Thumb Cellular, and Agri-Valley Services:
P.O. Box 650 Pigeon, MI 48755 firstname.lastname@example.org
Effective: 3-15-19, Revised 3-15-19
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