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Viva Prepaid Wireless Airtime Cards - Prepaid Refill Wireless Cards, Top-up Your Cell Phone
Recharge Instructions:
Terms and Conditions:PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. They govern the relationship between you and VIVASM Prepaid Wireless (Locus Telecommunications, Inc.) and explain our respective legal rights concerning all aspects of our relationship, including without limitation:Rates and charges Availability of the service and features Replenishment and expiration of balances Privacy and confidentiality Your rights related to Customer Proprietary Network Information Modifications to the agreement Limitations of liability and warranty Resolution of past or future disputes by mandatory binding arbitration instead of court trials and class actions. IF YOU USE THE SERVICE OR THE WIRELESS DEVICE, YOU CONSENT TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT USE THE SERVICE OR PHONE AND NOTIFY US IMMEDIATELY TO CANCEL SERVICE. I. SERVICE a. Availability/Interruption. Service is normally available to your Device when it is within the operating range of our system, and may be available outside of that area in other participating carrier service areas. Service is subject to transmission limitation or interruption caused by weather, terrain, obstructions such as trees or buildings, and other conditions. Service may be limited in some areas where coverage is not available or may be temporarily limited or interrupted due to system capacity limitations and system repairs or modifications or to combat potential fraud. Digital PCS features require a compatible digital multi-network phone, are only available in the Digital PCS features area, and may require local telephone company support and message sender access to computer and modem. Not all features or Service offerings are available. b. Use of Service/Device/Number. Reproduction, retransmission, dissemination or resale of Service is prohibited without prior written contractual arrangements with us and any required regulatory approvals. You are responsible for the purchase and maintenance of any additional hardware, software and/or Internet access from your PC required to use the Service. You consent to receiving advertising, alerts and other broadcast messages from us or our authorized agents. You have no ownership rights to the Number, any IP address, any e-mail address or any other identifier provisioned by us, our agents or the manufacturer of your Device to be used with the Service, and you agree we may change any such Number, IP address, e-mail address or any other identifier at any time with or without prior notice to you. By using Service, you agree to abide by the terms and conditions of any applicable software license. Use of Premium SMS and Mobile Content. c. Use of Premium SMS and Mobile Content. Locus Telecommunications, VIVASM Prepaid Wireless and its underlying carrier, may provide you with access to a mobile content delivery service (each, a `Service`), together with a third-party content provider. This access will allow you to download to your compatible mobile phone various third-party mobile entertainment content, such as ringtones, wallpapers, games, graphics, data, news, etc. (collectively, the `Content`) via the Internet, SMS, MMS, WAP, BREW and other means of mobile content delivery through the use of Premium SMS messaging or other mobile technologies. A surcharge of 50¢ will be assessed for Premium SMS messaging. This surcharge is in addition to and independent from any charges assessed by the third-party content provider. This surcharge, plus all other charges assessed by the mobile content provider, will be incurred when you consent to download the third party content provider's Content. By using these Content services you warrant and represent that (i) you have read and understood this Agreement and agree to be bound by its terms and conditions; (ii) you are at least 21 years of age; (iii) you are the owner of the Device whose phone number you are using, or if you do not own the Device you have explicit permission from the owner of the Device to use the Device and to enter the phone number for such Device; and (iv) you are a resident of the U.S. Please note, given the aforementioned herein, that the downloading of mobile Content and use of Premium SMS messaging is up to the discretion of the owner of the phone and whomever the owner gives permission to utilize these services. You agree to hold Locus Telecommunications, VIVASM Prepaid Wireless and its underlying carrier harmless for any and all Content that is downloaded to your phone. If you do not agree (or cannot comply) with the terms and conditions of this Agreement, Locus Telecommunications / VIVASM Prepaid Wireless Privacy Policy and any applicable Rules, you are not authorized to access or use any services or products, register for or use any Service provided by Locus Telecommunications, VIVASM Prepaid Wireless and its underlying carrier, and your sole remedy is to immediately stop accessing and using any service or product provided by Locus Telecommunications, VIVASM Prepaid Wireless, and its underlying carrier. d. Unauthorized Usage. You agree not to use the Device or Service for any unlawful, unauthorized or abusive purpose or in any way that damages our property or others` property, or interferes with, harms or disrupts our system or other operators` systems or other users. You will comply with all laws while using the Service and you will not transmit any communication or data that would violate any laws, court order, or regulation, or would likely be offensive to the recipient. You are responsible for all content you transmit using the Service. You may not install any amplifiers, enhancers, repeaters or other devices that modify, disrupt or interfere in any way with the radio frequency licensed to us to provide Service. If your Device, user name or password is stolen or Service is fraudulently used, you must immediately notify us and provide us with such documentation and information as we may request (including affidavits and police reports). Until you notify us, you will remain responsible for all charges. We have the right to interrupt or restrict Service to your Number, without notice to you, if we suspect fraudulent, illegal, or abusive activity. You agree to cooperate with us in any fraud investigation and to use any fraud prevention measures we prescribe. Failure to provide reasonable cooperation may result in your liability for all fraudulent usage. e. Release of Information. You consent to our release of information about you when we believe release is appropriate to comply with the law (e.g. a lawful subpoena, E911 information); to enforce or apply our customer agreements; to initiate, render, bill and collect for Services; to protect our rights or property; to protect users of those Services and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, such Services; or if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of records without delay. You are deemed to have reviewed and consented to our Privacy Policy posted on our website at www.VIVA-Wireless.com. f. Your Rights to End This Agreement. You may terminate your Service at any time by notifying us of your intention to terminate Service. There is no penalty or termination fee; however, it may take up to 30 days to process the termination request and the balance remaining in your account is forfeited upon termination of Service. Your Service will resume and the termination request will be cancelled if you use your Service prior to our processing your termination notification. g. Number Portability. You may be able to take your current wireless phone number to another service provider. This is called `porting` and will also terminate our service to you for that number. If you request your new service provider to port a number from us, and we receive your request from that new service provider, we`ll treat the request as notice from you to terminate our service for that number upon successful completion of porting. After the porting is completed, you won`t be able to use our service for that number even if you have unused airtime on that account, and you won`t be entitled to a refund for any unused airtime. If you`re porting a phone number to us from another company, we may not be able to provide some services, such as 911 location services, immediately. II. CHARGES/PAYMENTS/DEFAULT a. Generally. You are responsible for paying all charges, including but not limited to: airtime, access, features, voice mail access, voice mail delivery, data usage, text messages, downloadable, alerts, roaming, long distance, directory and operator assistance charges, the price of Devices and accessories, charges for other goods and services and shipping/handling fees. You will be billed at domestic airtime or roaming rates for 800, 866, 877, 888, and other `toll free` calls. Applicable international wireless long distance charges, if applicable, will be charged for calls placed from your wireless phone. For all incoming Service, the length of the call will be measured during the time that you are connected to our system, which is approximately from the time you press `Send` or other key to answer a call until approximately the time you press `End` or other keys to terminate the call. For all outgoing Service, the length of the call will be measured from when you are released by the automated balance notification system until approximately the time you press `END` or other key to terminate the call. Airtime usage on each call is deducted in full minute increments, with partial minutes of use rounded up to the next full minute. For calls placed in the United States, you will not be charged for busy or unconnected calls if you press `E All questions and problems should be resolved through Customer Service. All rates and applicable charges are subject to change without notice in accordance with legal requirements. Federal, state, and local taxes may apply. Services provided are subject to terms and conditions of federal and state tariffs. Application of surcharges, taxes and fees has the effect of reducing total minutes on a card. The card has no cash value and is non-refundable. LDPOST attempts to be as accurate as possible. However, LDPOST does not warrant that product descriptions or other content of these pages is accurate, complete, reliable, current, or error-free. |
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