“VTel Wireless” or “VTel”, or “we,” “us,” or “our” refers to VTel Wireless, Inc. “You” or “your” refers to the person or entity that is the customer of record.
Thank you for choosing VTel Wireless. This Agreement applies to our wireless products, features, applications, and services (“Services”) and contains important information about the Services you have ordered, including your rights, responsibilities, limitations on the Services and your use of those Services. VTel Service(s) may be used with a wireless device assigned to your account (“Device”) and/or a device that is designed and purchased for use on VTel’s network (“Equipment”).
IMPORTANT: READ THIS ON-LINE SERVICES AGREEMENT BEFORE USING ANY OF THE SERVICES AVAILABLE THROUGH VTEL WIRELESS. You accept this agreement by: (i) agreeing in writing, by email, over the phone, or in person; (ii) clicking on “I Accept” in an on-line click-through format; (iii) opening a package that says you are accepting by opening it; or (iv) activating your Service. When you accept, you are representing that you are at least 18 years old and are legally able to accept an agreement. If you are accepting for an organization, you are representing that you are authorized to bind that organization, and where the context requires, “you” means the organization. By accepting you are agreeing to every provision of this Agreement whether or not you have to read it. YOUR ACCEPTANCE OF THIS AGREEMENT WILL CONSTITUTE YOUR ACCEPTANCE OF ALL THE FOLLOWING TERMS, AND THOSE CONTAINED IN OUR WIRELESS INTERNET AGREEMENT.
1. LIMITED WARRANTY. The accuracy, completeness, timeliness or correct sequencing of the information obtained from our service is not guaranteed by VTel Wireless or any parties transmitting the information ("Information Transmitters"). There may be delays, omissions or inaccuracies in the information. You agree that neither VTel Wireless, the Information Providers nor the Information Transmitters shall have any liability contingent or otherwise, for the accuracy, completeness or correct sequencing of the information, or for any decision made or action taken by you in reliance upon the information of the service, or for the interruption of any data, information or aspect of the service. There is no warranty of merchantability, no warranty of fitness for a particular use, and no warranty of non-infringement. There is no other warranty of any kind, express or implied, regarding the information or any aspect of the service (including but no limited to information access and order execution).
2. LIMITATIONS OF LIABILITY. UNLESS PROHIBITED BY LAW, THE FOLLOWING LIMITATIONS OF LIABILITY AND DISCLAIMERS APPLY. SOME STATES DO NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES OR LIMITS ON REMEDIES FOR BREACH. THEREFORE, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. VTEL WIRELESS MAKES NO WARRANTY, EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, ACCURACY, SECURITY, OR PERFORMANCE REGARDING ANY SERVICES, SOFTWARE OR GOODS (INCLUDING BUT NOT LIMITED TO ANY DEVICE OR EQUIPMENT). WE DO NOT WARRANT THAT YOUR DEVICE AND/OR EQUIPMENT WILL WORK PERFECTLY OR WILL NOT NEED UPGRADES OR MODIFICATIONS, OR THAT IT WILL NOT BE AFFECTED BY NETWORK–RELATED MODIFICATIONS, UPGRADES OR SIMILAR ACTIVITY.
IN NO EVENT SHALL VTEL WIRELESS BE LIABLE, WHETHER OR NOT DUE TO ITS OWN NEGLIGENCE, FOR ANY: (A) ACT OR OMISSION OF A THIRD PARTY; (B) MISTAKES, OMISSIONS, INTERRUPTIONS, ERRORS, FAILURES TO TRANSMIT, DELAYS, OR DEFECTS IN THE SERVICES OR SOFTWARE PROVIDED BY OR THROUGH US; (C) DAMAGE OR INJURY CAUSED BY THE USE OF SERVICES, SOFTWARE, DEVICE OR EQUIPMENT, INCLUDING USE 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 VTel; OR (F) DAMAGE OR INJURY CAUSED BY INABILITY TO CONNECT A CALL TO 911 OR ANY OTHER EMERGENCY SERVICE. VTEL WIRELESS OFFERS DATA-ONLY PLANS. WE DO NOT OFFER FIXED OR MOBILE TELEPHONE SERVICE.
Unless prohibited by law, VTel isn’t liable for any indirect, special, punitive, incidental or consequential losses or damages you or any third party may suffer by use of, or inability to use, Services, Software, Devices or Equipment provided by or through VTel, including loss of business or goodwill, revenue or profits, or claims of personal injuries. Service may be interrupted, delayed, or otherwise limited for a variety of reasons, including environmental conditions, unavailability of radio frequency channels, system capacity, disaster or emergency communications, equipment modifications and repairs, and problems with the facilities of interconnecting carriers.
The use of some Services, including certain Content, may require hardware, software, subscription, credit or debit card, Internet access from your compatible PC and/or special network connection and you are solely responsible for arranging for or obtaining all such requirements.
Notwithstanding the foregoing, if your Service is interrupted for 24 or more continuous hours by a cause within our control, we will issue you, upon request, a credit equal to a pro-rata adjustment of the monthly Service fee for the time period your Service was unavailable, not to exceed the monthly Service fee. Our liability to you for Service failures is limited solely to the credit set forth above.
To the full extent allowed by law, you hereby release, indemnify, and hold VTel Wireless and its officers, directors, employees and agents harmless from and against any and all claims of any person or entity for damages of any nature arising in any way from or relating to, directly or indirectly, service provided by VTel Wireless 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 THE ALLEGED NEGLIGENCE OF VTEL WIRELESS, or any violation by you of this Agreement. This obligation shall survive termination of your Service with VTel Wireless. VTel Wireless is not liable to you for changes in operation, equipment, or technology that cause your Device or software to be rendered obsolete or require modification.
Any information you involuntarily or voluntarily provide to third parties is governed by their policies or terms. 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 VTel Wireless or any content providers or other third party. Delays or omissions may occur. Neither VTel Wireless 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 the Service.
a. Any loss or theft of your user name(s) and or password(s).
b. Any unauthorized use of any user name(s), password(s) or of the service.
You will be responsible for the confidentiality and use of your user name(s) and password(s). You will be responsible for all activities entered through your user name(s) and password(s), and any requests so received by VTel Wireless will be deemed to have been received from you.
4. SOFTWARE BROWSERS AND DATA TRANSMISSIONS. You acknowledge that the transmission of data on the Internet, including e-mail and personal financial data, is not secure and may be accessed by unauthorized third parties. You acknowledge that VTel Wireless is not responsible for notifying you of any upgrades, fixes or enhancements to any "browser" software or for any compromise of data transmitted across the Internet.
You expressly authorize, and specifically consent to allowing, VTel Wireless and/or its outside collection agencies, outside counsel, or other agents to contact you in connection with any and all matters relating to unpaid past due charges billed by VTel Wireless to you, and such contact may include individual persons attempting to communicate with you, pre-recorded or artificial voice messages delivered by an automatic telephone dialing system, pre-set e-mail messages delivered by an automatic e-mailing system, or any other pre-set electronic messages delivered by any other automatic electronic messaging system. You agree that, for attempts to collect unpaid past due charges, such contact may be made to any mailing address, telephone number, cellular phone number, e-mail address, or any other electronic address that you have provided, or may in the future provide, to VTel Wireless.
6. LOCKED or DELETED ACCOUNTS. If there is a restriction on your account(s), you will not be able to use the service until the account is unlocked. VTel Wireless reserves the right in its sole discretion to request a cash deposit to unlock the account. VTel Wireless will not be responsible for any delay or failure to provide the service in the event there is a lock placed on your account(s) or you delay or fail to make such deposit.
7. INDEMNIFICATION. You agree to defend, indemnify and hold VTel Wireless from and against any and all claims, losses, liability costs and expenses (including but not limited attorneys' fees) arising from your violation of this Agreement or any third-party's rights, including but not limited to infringement of any copyright, violation of any proprietary right and invasion of any privacy rights. This obligation will survive the termination of this agreement.
8. OUR ABILITY TO TERMINATE SERVICES.VTel Wireless reserves the right to terminate your access to the service or any portion of it in sole discretion, without notice and without limitation, for any reason whatever, including but not limited to the unauthorized use of your user name(s) and password(s), breach of this Agreement, and the discontinuance of VTel Wireless’ access to any Information or data from any Information Provider or termination of one or more agreements between VTel Wireless and Information Providers. In the event of a termination by VTel Wireless, VTel Wireless shall have no liability to you, provided, however, that if the termination is without cause VTel Wireless will refund the pro rated portion of any fee which may have been paid by you for the portion of the Service not furnished to you as for the date of such termination.
9. INDIVIDUAL USE OF INFORMATION. As a condition of being approved to use our services, you represent and agree that the following statements are and will continue to be true for as long as you use our services. Your account can be used by you and your immediate family only. Resale of our services is prohibited. Our services provide one login account per customer which is to be used ONLY for customer/organization or immediate family. This account is non-transferable and should not be used by anyone other than the customer or immediate family. We prohibit any individual or business from using these facilities to resell voice, data, video, or other services without our express written permission and prices adapted accordingly. This applies to all access mediums, fiber, copper, and wireless; and whether the user is for or non-profit.
10. E-MAIL AND WWW COMMUNICATIONS. The service provides you with the capability to send e-mail directly to the Internet. You agree to the following terms with respect to your use of e-mail through the service:
- You acknowledge that e-mail and other data transmitted on the Internet is not secure and may be accessed by unauthorized third parties. In no event will VTel Wireless be liable for any costs, damages, expenses or any other liabilities incurred by you or other parties as a result of any such unauthorized access by third parties;
- You will not use e-mail of the service for any purpose which is unlawful, abusive, harassing, libelous, defamatory, obscene, or threatening. You will not use the Service to solicit VTel Wireless customers or others or participate in the solicitation of VTel Wireless customers or others for any purpose.
- AT NO TIME WILL YOU SEND UNSOLICITED E-MAILS FROM YOUR ACCOUNT. E-MAIL THAT CREATES A COMPLAINT WILL BE CONSIDERED UNSOLICITED. "SPAM" VIOLATION WILL RESULT IN IMMEDIATE DELETION OF THE OFFENDING ACCOUNT.
- You will not upload, post, reproduce or distribute any information, software or other material protected by copyright or any other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining permission of the holders of such rights; and
- You will not in any way express or imply that the opinions in your e-mail messages are endorsed by VTel Wireless without the prior written consent of VTel Wireless.
- You will not in any way express or imply that the opinions or contents of your web pages are endorsed by or in any way related to VTel Wireless without the prior written consent of VTel Wireless.
- VTel Wireless reserves the right to restrict or remove information on our server containing any subject considered in poor taste, offensive or containing sexually explicit or graphical content, or subjects related to activities that can threaten the security of our network.
11. GENERAL. You acknowledge that, in providing you with Internet access, VTel Wireless has relied upon your agreement to be bound by the terms of this agreement. You further acknowledge that you have read, understood and agreed to be bound by the terms of this Service Agreement.
12. ON-LINE SERVICES. This agreement may be modified at any time. Your use of the Service after receiving such notice will indicate your acceptance of the modification. If any provision of this Agreement is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. This Agreement and performance hereunder will be governed by and construed in accordance with the laws of the state of Vermont, as applied to agreements entered into and completely performed in Vermont. VTel is not responsible for any charges incurred by you, the Internet customer, for telephone-related charges (including long distance calls) used while on-line with our Internet service or any other charges you might incur. You are subject to and responsible for any Local Measured Service charges as applied from your local telephone company. Phone calls to our technical support number, (802) 885-4444 may be long distance for you.