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Terms and Conditions

Last updated on: September 9, 2022

These Plan Terms and Conditions (“T&Cs”) are part of your service agreement with NetZero Wireless, Inc., including its affiliates, assigns, and agents (“magicJack Wireless,” “we,” “us,” or “our”) and constitute a contract under which we provide you Service (defined below) under terms and conditions that you accept. Your service agreement (“Agreement”) with us includes (i) these T&Cs, (ii) our Privacy Policy, (iii) our Acceptable Use Policy, (iv) any subscriber agreement or transaction materials that you sign or accept, (v) the service plan(s) that you choose as set forth in our written services and transaction materials that we provide or refer you to during the sales transaction (if your service plan is not specifically set forth in any printed materials, the requirements and terms set forth in the current written services and transaction materials apply, excluding plan charges and number of minutes included in your service plan), (vi) any confirmation materials that we may provide to you, (vii) the terms set forth in any applicable coverage map brochures, and (viii) any other supplemental terms and conditions that we provide or otherwise make available to you.  In the event of a conflict between these T&Cs and any other materials that comprise the Agreement, these T&Cs shall govern to the extent necessary to resolve the conflict.

Please read these T&Cs carefully. They cover important information about our services provided to you (collectively, “Service”); your phone, handset, device, SIM card, data card, or other equipment or third party device used with our Service (collectively, “Device”); and any access and usage charges, taxes, fees, assessments, and other charges we bill you or that were accepted or processed through your Device (collectively, “Charges”). These T&Cs include terms regarding service plan changes and late payments, limitations of liability, privacy and resolution of disputes by arbitration instead of in court.

1. You and any authorized users on your account will have access to account information and may be able to make changes to your account. If you give your personal account validation information to someone, they can access and make changes to your account. Those changes will be binding on you. Your account is personal to you and you are solely responsible for and accept all risk relating to any and all acts or omissions that occur through the use of your account, whether or not permitted or authorized by you. You shall immediately notify magicJack Wireless upon learning of any unauthorized access to or use of your account, your username or password or any other security breaches. Authorized changes may require your agreement to new T&Cs.   Acceptance. YOUR AGREEMENT WITH magicJack Wireless STARTS WHEN YOU ACCEPT. You represent that you are at least eighteen (18) years old (twenty-one (21) years old or legally emancipated if you are a Puerto Rico customer) and you are legally authorized to enter into this Agreement. You accept your Agreement by doing any of the following: (a) giving us a written or electronic signature or telling us orally that you accept; (b) activating Service; (c) using your Service after you make a change or addition; or (d) paying for the Service or a “magicJack Wireless Device” (a Device purchased from magicJack Wireless, a magicJack Wireless dealer, or other magicJack Wireless authorized retailer (“Dealer”)). IF YOU DO NOT WANT TO ACCEPT, DO NOT DO ANY OF THESE THINGS.

2. Dispute Resolution and Arbitration. MAGICJACK WIRELESS AND YOU EACH AGREE THAT, EXCEPT AS PROVIDED BELOW (AND EXCEPT AS TO PUERTO RICO CUSTOMERS), ANY AND ALL CLAIMS OR DISPUTES IN ANY WAY RELATED TO OR CONCERNING THE AGREEMENT, OUR SERVICE, MARKETING PRACTICES, DEVICES OR PRODUCTS, WILL BE RESOLVED BY BINDING ARBITRATION ON AN INDIVIDUAL, NON-REPRESENTATIVE, BASIS. This agreement to arbitrate is intended to be given the broadest meaning under law and includes, but is not limited to, (i) disputes and claims arising out of or relating to any aspect of the relationship between you and magicJack Wireless, whether based in statute, fraud, tort, contract, misrepresentation, or any other legal theory, (ii) disputes and claims concerning the scope of this arbitration provision, (iii) claims against other parties relating to Service or Devices provided or billed to you (such as our suppliers, Dealers or third-party vendors) whenever you also assert claims against us in the same proceeding, and (iv)  claims brought after your service agreement with magicJack Wireless terminates. For the avoidance of doubt, claims under the Telephone Consumer Protection Act are subject to this Dispute Resolution and Arbitration Clause. magicJack Wireless and you each also agree that the Agreement affects interstate commerce so that the Federal Arbitration Act and federal arbitration law apply (despite the choice of law provision in Section 22). THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR MUST FOLLOW THIS AGREEMENT AND CAN AWARD THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING ATTORNEYS’ FEES).

For all disputes (except for Puerto Rico customers), you must first give us an opportunity to resolve your claim by sending a written description and supporting documentation of your claim to the address set forth in Section 12 below. magicJack Wireless and you each agree to negotiate your claim in good faith. If magicJack Wireless and you are unable to resolve the claim within sixty (60) days after magicJack Wireless receives your claim description and supporting documentation, you may pursue your claim in arbitration.

As an alternative to arbitration, magicJack Wireless may choose to resolve billing disputes in small claims court in the county of your most recent billing address.  magicJack Wireless may assign your account for collection, and the collection agency may pursue, in small claims court, claims limited strictly to the collection of the past due amounts and any interest or cost of collection permitted by law or the Agreement.

Either you or we may start arbitration proceedings. You must send a letter requesting arbitration and describing your claim to our registered agent (see Section 12) to begin arbitration. The American Arbitration Association (“AAA”) will arbitrate all disputes. For claims of less than Seventy-five Thousand Dollars ($75,000.00), the AAA’s Consumer Arbitration Rules will apply; for claims over Seventy-five Thousand Dollars ($75,000.00), the AAA’s Commercial Arbitration Rules will apply. The AAA rules are available at www.adr.org. Upon filing of the arbitration demand, magicJack Wireless and you will share equally all filing, administration and arbitrator fees for claims that total less than
Seventy-five Thousand Dollars ($75,000.00). For claims that total more than Seventy-five Thousand Dollars ($75,000.00), the payment of filing, administration and arbitrator fees will be governed by the AAA Commercial Arbitration Rules. The arbitration will be based only on written submissions of the parties and the documents submitted to the AAA relating to the dispute,
unless either party requests that the arbitration be conducted using the AAA’s telephonic, online, or in-person procedures. Additional charges may apply for these procedures. Arbitrations under the Agreement shall be confidential as permitted by federal law. However, by filing for arbitration, you may elect to relieve both parties to the arbitration of confidentiality obligations.
Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.  An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees.  You have the right to be represented by counsel in an arbitration. In conducting the arbitration and making any award, the arbitrator shall be bound by and strictly enforce the terms of the Agreement and may not limit, expand, or otherwise modify its terms. Puerto Rico customers: Refer to Section 11 for details of the Puerto Rico Telecommunications Dispute Procedure.

CLASS ACTION WAIVER. MAGICJACK WIRELESS AND YOU EACH AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR
COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE
ACTION. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding against magicJack Wireless.

JURY TRIAL WAIVER. If a claim proceeds in court rather than through arbitration, MAGICJACK WIRELESS AND YOU EACH WAIVE ANY RIGHT TO A JURY TRIAL in any court action arising out of the Agreement.

Nothing in this Section 2 or otherwise shall preclude magicJack Wireless from seeking any injunctive relief in any court of competent jurisdiction for protection of magicJack Wireless’ intellectual property rights or other proprietary rights.  You acknowledge and agree that magicJack Wireless’ remedies at law for a breach or threatened breach by you of any of the provisions of the Agreement would be inadequate and therefore agree that in the event of a breach or threatened breach, in addition to any remedies at law, magicJack Wireless shall, without posting any bond or other security, be entitled to obtain equitable relief in the form of specific performance, a temporary restraining order, a temporary or permanent injunction, or any other equitable remedy which may then be available.

 

All rights and remedies of magicJack Wireless upon your breach or other default under the Agreement will be deemed cumulative and not exclusive of any other right or remedy conferred by the Agreement or by law or equity on magicJack Wireless, and the exercise of any one remedy will not preclude the exercise of any other.

3. No Refunds for Your Cancellation of Service Plans. You may cancel any Service plan that you pay for in advance at any time; provided that, except as otherwise required by applicable law, you will not receive any refund of amounts paid to us in connection with such Service plan (regardless of whether such plan is a 30-day Service plan or a multi-month Service plan).

4. Our Rights to Make Changes. This provision is subject to requirements and limitations imposed by applicable law and will not be enforced to the extent prohibited by law. Your Service is subject to our business policies, practices, and procedures, which we can change at any time without notice. WE RESERVE THE RIGHT TO CHANGE OR MODIFY THESE T&Cs, OUR SERVICES, DISCOUNTS, TECHNOLOGIES (INCLUDING CHANGES TO OUR NETWORK THAT MAY IMPACT YOUR DEVICE’S COMPATIBILITY), COVERAGE, OR ANY OTHER TERMS IN THE AGREEMENT AT ANY TIME AND YOU AGREE TO BE BOUND BY ALL SUCH CHANGES OR MODIFICATIONS ON THE EARLIER OF WHEN WE (i) POST THEM ON OUR INTERNET WEBSITE, OR (ii) SEND THEM TO YOU (ELECTRONICALLY OR OTHERWISE). BECAUSE THESE T&Cs ARE SUBJECT TO CHANGE AT ANY TIME, IT IS YOUR OBLIGATION TO ALWAYS CHECK OUR WEBSITE FOR THE MOST CURRENT VERSION. IF WE CHANGE THE SERVICE FEE APPLICABLE TO YOUR SERVICE PLAN, YOU WILL HAVE 5 DAYS FROM THE DATE WE POST OR NOTIFY YOU OF THE REVISED SERVICE FEE TO TERMINATE YOUR SERVICE PLAN BY (i) contacting our customer service department at info@magicjackwireless.com, (ii) calling (800) 292-7099, or (iii) managing your account preferences on the magicJack Wireless website.  IF YOU FAIL TO CANCEL YOUR SERVICE PLAN WITHIN THE 5 DAY PERIOD, YOU WILL BE DEEMED TO HAVE ACCEPTED THE RATE INCREASE.  ANY INCREASE IN TAXES, REGULATORY FEES OR ASSESSMENTS WILL NOT BE CONSIDERED AN INCREASE IN ANY SERVICE FEE AND WILL NOT ENTITLE YOU TO EXERCISE THE FOREGOING CANCELLATION RIGHT. WE ARE NOT LIABLE TO YOU FOR CHANGES IN OPERATION, EQUIPMENT, OR TECHNOLOGY (INCLUDING THE NETWORK) THAT CAUSE YOUR DEVICE TO BE RENDERED OBSOLETE OR REQUIRE MODIFICATION.

5. Compatible Devices. You must use a supported, compatible Device to access the magicJack Wireless network. Only certain phones and tablet computers are supported Devices. magicJack Wireless will provide you with a list of supported Devices upon your request. Modems, bypass, gateways, automated relay devices and any other Devices used for commercial or re-direction purposes are not supported Devices and violate our Acceptable Use Policy. Failure to use a supported, compatible Device when accessing our network will result in immediate termination of your Service.

6. Service Availability. Coverage maps only approximate our anticipated wireless coverage area outdoors; actual Service area, coverage and quality may vary and change without notice depending on a variety of factors, including without limitation, network capacity, terrain and weather. Outages and interruptions in Service may occur, and speed of Service varies. You agree we are not liable for problems relating to Service availability or quality.

In addition to any limitations provided by applicable law, magicJack Wireless shall be excused from liability for non-delivery or delay arising from any event beyond its reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, pandemic, and other causes or events beyond its reasonable control, whether or not similar to those which are enumerated above.

7. Important Emergency and 9-1-1 Information and Emergency Alerts. When making a 9-1-1 call, always state the nature of your emergency and provide both your location and phone number, as the operator may not automatically receive this information. magicJack Wireless is not responsible for failures to connect or complete 9-1-1 calls or if inaccurate location information is provided. 9-1-1 service may not be available or reliable and your ability to receive emergency services may be impeded. We or our network supplier may use a variety of information
and methods to determine the location of a 9-1-1 call, including Global Positioning Satellites, our network supplier’s wireless network, the street address you have provided us as your primary use location, or other information. Even with this information, an emergency operator may not be able to locate you in order to provide emergency services. Other third-party entities are involved in connecting a 9-1-1 call and neither magicJack Wireless nor its network supplier determines the public safety agency to which your 9-1-1 call is routed. If you are porting a phone number to or from us, we may not be able to provide you with some Services, such as 9-1-1 location services, while the port is being implemented. If you are porting a phone number to magicJack Wireless, it is your obligation and responsibility to make certain that all information forwarded from the port-out carrier is accurate and complete. If you dial 9-1-1 while outside the U.S., 9-1-1 services may not be available.

8. Service Plans.

8.1 General. Your Service will operate only after you have purchased and redeemed a magicJack Wireless Service plan.  Please visit our website at www.magicJackwireless.com for the latest information regarding our Service plans.

8.2 Charges. You agree to pay all charges we bill you or that were accepted or processed through your Device or on such other Devices connected with your account and as designated in your Service plan. For disputed charges, see Section 11. You agree to provide us with accurate and complete billing information and to immediately report to us all changes to your billing information.

8.3 Voice Usage.  magicJack Wireless Service plans include a voice plan as part of your Service.  We round up any fraction of a minute to the next full minute. Airtime usage is measured from the time the network provider begins to process a call (before the phone rings or the call is answered) through its termination of the call (after you hang up) and the network disconnects. magicJack Wireless reserves the right to periodically review usage levels of Unlimited Talk & Text Plans to ensure you are not using the plan in violation of acceptable use and, if such abuse or violation is discovered, to terminate or adjust the plan as appropriate. You agree to use the voice portion of your Unlimited Talk & Text Plan for traditional voice calls between two individuals of a duration comparable to that of the average individual customer presently utilizing magicJack Wireless Unlimited Talk & Text plans and will not employ methods, devices, or other procedures to take advantage of your Unlimited Talk & Text Plan by using the plan excessively or for means not intended by magicJack Wireless.  Excessive use of the voice portion of the Unlimited Talk & Test plan is defined by magicJack Wireless as use that exceeds the average call volume or duration used by all other magicJack Wireless customers on the Unlimited Talk & Text plan.  magicJack Wireless may terminate your service or change your service plan if, in its sole discretion, magicJack Wireless determines that your use of the voice portion of your Unlimited Talk Plan violates this prohibition or is otherwise ‘unreasonable’ or results in abuse of the Unlimited Talk Plan.

8.4 Data Usage and Messaging. magicJack Wireless Service plans include a data plan (“Data Plan”) as part of your Service.  Data usage is rounded up to the next full-kilobyte increment at the end of each data session.   For all magicJack Wireless Service plans except the magic Basic plan, 1 gigabyte of data is equivalent to 1,024 megabytes.  For the magic Basic plan, 1 gigabyte of data is equivalent to 1,000 megabytes.  Your data usage includes, among other things, text, web browsing, instant or picture messages, and email whether read or unread, sent or received, solicited or unsolicited. We use filters to block spam messages, but we do not guarantee that you will not receive spam or other unsolicited messages, and we are not liable for such messages.  All data purchased with a magicJack Wireless Service plan (both data that comes with a magicJack Wireless Service plan and any additional data you purchase as an add-on) will expire immediately upon termination of your magicJack Wireless Service plan for any reason.

8.5 Permissible and Prohibited Uses. Your Data Plan is intended for Web browsing, messaging, and similar activities on your Device. Examples of prohibited uses can be found in Section 14 of these T&Cs and in our Acceptable Use Policy.

8.6 Data Usage Level. magicJack Wireless has set a 30-day 5G and/or 4G LTE usage level (“Usage Level”) for each of its Service plans. Our network supplier measures your upload and download data usage (“Actual Usage”) to determine if your total Actual Usage, as aggregated over the applicable 30-day period (“Usage Total”), exceeds the 30-day Usage Level for the Service plan you selected. Partial megabytes are rounded up. Please note that “Actual Usage” includes all your requests to upload or download data, whether such data is actually uploaded or downloaded, as well as network overhead. For example, if you request that an image be downloaded to your Device but travel outside of your network coverage area before the download is complete, such request will be included in your Actual Usage even though the image was never downloaded to your Device. If you purchased a Service plan that includes a finite amount of data in a 30-day Service period, and you reach your limit, magicJack Wireless will reduce the speed at which you can send and receive data over the magicJack Wireless network until the end of the applicable 30-day period. The initial reduction in your data speed depends upon your Service plan and can be found in our FAQs, but in no instances will be faster than 128 kbps. magicJack Wireless may also reduce speeds during times of network congestion.  If you continue to send and/or receive a substantial amount of data (as determined by magicJack Wireless in its sole discretion) after our initial reduction of your data speed, we may further reduce your data speed.  Once you begin a new 30-day period in your Service plan, your Service Plan Usage Level will be reset and your upload and download speeds will be restored. For example, if a customer purchases a Service plan that includes unlimited data service, but only includes up to 1 gigabyte of high speed data at 5G and/or 4G LTE speeds during a given 30-day period, then the first gigabyte of data requested by that customer in that 30-day period will be provided at up to 5G and/or 4G LTE speeds (subject to 5G and 4G LTE network availability, a capable device and SIM within an appropriate coverage area, and the actual network speeds of magicJack Wireless’ network supplier).  Any data uploaded or downloaded by that customer in excess of 1 gigabyte will be provided at reduced speeds at a max of 128 kbps. Please be aware that your Usage Level is much more likely to exceed your Service plan’s 30-day Usage Level if you use streaming video, or if you download significant quantities of music files, movies, software applications, or engage in other high-bandwidth activities.

8.6.1 Unlimited Data Plans. If you purchased a Service plan that includes unlimited data and your Service plan’s 30-day Usage Level exceeds 25GB of high-speed data, the speed at which you can send and receive data will be reduced to 128 kbps until the end of the applicable 30-day period. The initial reduction in your data speed depends upon your Service plan and can be found in the magicJack Wireless FAQs. If you continue to send and/or receive a substantial amount of data, as determined by our underlying service provider, your data speed may be further reduced to lower speeds as determined by our network provider. Once you begin a new 30-day period in your Service plan, your Service plan Usage Level will be reset and your upload and download speeds will be restored. Please be aware that your Usage Level is much more likely to exceed your Service plan’s 30-day Usage Level if you use streaming video, a Mobile HotSpot (tethering), or if you download significant quantities of music files, movies, software applications, or engage in other high-bandwidth activities.

8.7 Protective Measures. To provide a good experience for most of our customers and minimize capacity issues and degradation in network performance, we may, in our discretion, take measures including temporarily reducing data throughput for a subset of customers who use a disproportionate amount of bandwidth. If you use your Data Plan in a manner that could interfere with other customers’ service, affect our ability to allocate network capacity among customers, or degrade service quality for other customers, we may, in our discretion, suspend, terminate, or restrict your data session, or switch you to a more appropriate Data Plan which may result in an increased cost. We also manage our network to facilitate the proper functioning of services that require consistent high speeds, such as video calling, which may, particularly at times and in areas of network congestion, result in reduced speeds for other services. Additionally, we may implement other network management practices, such as caching less data, using less capacity, sizing video more appropriately for a Device to transmit data files more efficiently, and deploying streaming video optimization technology, which may affect the performance and download times of data-heavy activities such as video-streaming on our unlimited plans. Streaming video optimization technology is intended to manage data usage on the network, reduce the risk of streaming video stalling and buffering, and reduce the amount of high-speed data consumption used for streaming video. Streaming video optimization improves streaming video reliability as well as makes room for other users to enjoy higher browsing speeds. Detectable video may typically stream at DVD quality or Standard Definition. The streaming video optimization process is agnostic as to the streaming video content itself and to the website that provides it. While most changes to streaming video files are likely to be indiscernible, the optimization process may minimally impact the appearance of the streaming video as displayed on your Device. These practices operate without regard to the content itself or the source of the content, and do not discriminate against offerings that might compete against those offered by us on the basis of such competition.  

8.8 Wi-Fi Features.  magicJack Wireless, at its sole discretion, may make available Wi-Fi voice and text messaging services, i.e., the ability to originate and terminate calls and text messages over a Wi-Fi connection (“Wi-Fi Calling).  If offered by magicJack Wireless, Wi-Fi Calling will only be available for magicJack Wireless customers that (i) have a Wi-Fi capable Device with magicJack Wireless supported Wi-Fi calling capability, (ii) have Wi-Fi Calling service provisioned on their account, (iii) have a compatible SIM card, and (iv) are connected to functioning third-party internet service.  Not all services available on magicJack Wireless’ supplier’s network are available while using Wi-Fi Calling.  For example, emergency alerts may not be available with Wi-Fi Calling.  You acknowledge that calling 9-1-1 via Wi-Fi Calling uses the internet and operates differently than traditional 9-1-1 (see our complete 9-1-1 disclosure posted on our website at www.magicJackwireless.com/911-e911-disclosure).  For example, 9-1-1 may not work during power or internet outages or disruptions, or if internet or your Service is suspended.  Location information when using Wi-Fi Calling may be limited or unavailable.  If magicJack Wireless makes Wi-Fi Calling available to you, you must provide us with your up-to-date, primary address.  If the location at which you primarily use Wi-Fi Calling changes, either temporarily or permanently, you must promptly update your address with magicJack Wireless.  You may provide us with your primary address, or update your primary address, by contacting us at the email address, telephone number or mailing address specified in Section 12.  If you do not provide us with your primary address and update it promptly as described above, we or our network supplier may block your usage of certain Wi-Fi Networks.  When you call 9-1-1 over Wi-Fi away from your primary address, we and our network supplier may have no or very limited information about your location.  Neither magicJack Wireless nor its network supplier is responsible or liable for anything related to your use of or inability to use any Wi-Fi Calling MADE AVAILABLE TO you, including, without limitation, any failure of emergency calls (whether 9-1-1 calls or otherwise).  Wi-Fi Calling may decrement Service plan minutes.  Most devices will not transition between Wi-Fi and the wireless network.  Devices using wireless connections may be vulnerable to unauthorized attempts to access data and software stored on the device.

8.9 Downloadable Content and Applications. Content or applications (e.g., downloadable or networked applications, wallpapers, ringtones, games, and productivity tools) (collectively, “Content & Apps”) that you can purchase with your Device are not sold by magicJack Wireless. magicJack Wireless is not responsible for the Content & Apps, including download, installation, use, transmission failure, interruption, or delay, or any content or website you may be able to access through the Content & Apps. Unless otherwise stated, any support questions for these Content & Apps should be directed to the third-party seller. When you use, download or install Content & Apps sold by a third-party seller, you may be subject to license terms, terms of use, a privacy policy and/or other policies between you and that third party. magicJack Wireless encourages you to read the terms and conditions, privacy policy and other policies of each other third party seller that you visit. Content & Apps you purchase from third parties are licensed for personal, lawful, non-commercial use on your Device only. You may not transfer, copy, or reverse engineer any Content & Apps, or alter, disable or circumvent any digital rights management security features embedded in the Content & Apps. Content & Apps may not be transferable from one Device to another Device. Some Devices or Content & Apps may continue to have contact with our network without your knowledge, which may result in additional charges, for example, while roaming internationally. Software on your Device may automatically shutdown or limit the use of Content & Apps or other features or Services without warning. magicJack Wireless is not responsible for any third-party content, advertisements, or websites you may be able to access using your Device. Any access by you to third-party websites shall be entirely at your own risk. Transactions that occur between you and such third party sites are strictly between you and the third party and are not the responsibility of magicJack Wireless.

8.10 Use of Information. If you visit any third-party website or app store, or download or use any Content & Apps, the third party may access, collect, use or disclose your personal information or require the network carrier to disclose your information, including location information (when applicable) to the Content & Apps provider or some other third party.  If you access or use any Content & Apps through magicJack Wireless’ Service, you agree and authorize magicJack Wireless and its network carrier to provide information related to such use. You understand that your use of a third-party app is subject to the third party’s terms and conditions and policies, including its privacy policy. Please refer to the Content & Apps creator/owner’s privacy policy for information regarding their use of information collected when you download, install, or use any third-party Content & Apps. We are not responsible for any transmission failure, interruption, or delay related to Content & Apps, or any content or website you may be able to access through the Content & Apps.

8.11 Roaming. Your Device may connect to another provider’s network (“Roaming”) even when you are within the magicJack Wireless coverage area. Check your Device to determine if you are Roaming. There may be extra charges (including long distance, tolls, data usage) and higher rates for Roaming usage, and your quality and availability of service may vary significantly.  Our Roaming charges and rates are subject to change at any time and any such changes are effective forty-five (45) days after the posting of same to the magicJack Wireless web site. Please check our web site frequently so that you are aware of our Roaming charges and rates and any changes thereto.

magicJack Wireless does not guarantee your ability to roam nor the availability and/or quality of Service.  Domestic roaming may be discontinued or changed at any time without notice.  Due to carrier restrictions, magicJack Wireless reserves the right to terminate the Service of any customer whose roaming usage exceeds 50% of their total usage in any three (3) plan cycles within a 12-month period.  International roaming is not offered by magicJack Wireless and is strictly prohibited.

8.12 Suspension and Cancellation. If your account is deactivated due to nonpayment, your account will be in a suspended status for 30 days. If your account is not reactivated within the 30-day period, it will be cancelled. If your account is cancelled, your remaining balance will be forfeited, and we may reassign the phone number associated with your account. If you wish to port to a different carrier, you must have an active account.

9. International Long Distance

9.1 General. magicJack Wireless offers its customers international long-distance service (“ILD Service”) as an additional feature for customers who purchase the ILD Service.  Customer will purchase prepaid credits to be added to the customer ILD Service Wallet for use in making international long-distance calls. ILD Service credits are purchased for the line indicated by the customer at the time of purchase and are non-transferrable and non-refundable.  ILD Service credits are available for dialing internationally only on the number purchased and cannot be transferred to another number.

The applicable rates to specific countries, regions or cities for customer who have purchased the ILD Service credits are available online.  All rates are subject to change at any time without prior notice.  Calls are billed in one-minute increments.  ILD Service credits purchased are available until 1) fully used or 2) the service terminates.  There are no refunds for unused ILD Service credits and all remaining credits are forfeited if the account is terminated.  You are responsible for preventing the unauthorized use of your Account and the Service, and You are responsible for any reduction in value in your Account arising from authorized and unauthorized use.

Events beyond our control may affect the availability and/or quality of service. No representation or warranty, express or implied, is made regarding the number of minutes available for calls to a particular country or, after having placed a call, the remaining number of minutes available for calls to any country.

Call times for each call are rounded up to the next whole minute and billed in full minute increments. Per call charges are rounded up to the next whole penny. You will be charged for calls based upon the rates that are effective as of the date and time you place the call. You are responsible for safeguarding your ILD Service and Account information. magicJack Wireless is not responsible for and will not issue credit for unauthorized use.

All international long-distance services are handled by PLD, LLC (“PLD”) and are delineated on your invoices as ILD Purchases separate from the services provided by magicJack Wireless.  PLD is not affiliated with magicJack Wireless.  ILD is for
voice calls only.  magicJack Wireless does not offer the ability to text to international numbers.

9.2 International roaming – magicJack Wireless does not offer international roaming capabilities on the Service Plan SIM card purchased.  To use your device internationally, you will need to contact a local carrier in the country you are in to inquire about.

10. Taxes, Fees and Surcharges.

You are responsible for, and shall pay, the taxes, fees and surcharges set forth in Sections 10.1 – 10.5 below (“Taxes, Fees and Surcharges”) in connection with your Service account. Such Taxes, Fees and Surcharges will be included in your Service account charges (a) at the time you order the Service and (b) each time there are any further charges to your Service account. Payment of Taxes, Fees and Surcharges is in addition to payment for the Service and will be billed to your credit card.

10.1 Recovery Fee. The Recovery Fee is assessed to help recover magicJack Wireless’ costs to comply with various federal and state programs, taxes and fees including, but not limited to, (i) state and federal Telecommunications Relay Service Programs, (ii) Federal Universal Service Fund Program, (iii) international, federal, state, municipal, local and/or other governmental franchise, excise, public utility and other telecommunications taxes, fees and charges now in force or enacted in the future, and (iv) other costs we incur to comply with government regulations and programs, which are not taxes or fees that local, state or federal governments require magicJack Wireless to collect. A flat fee per transaction of 2.0% will also be applied to the purchase of pre-funded SIM cards at www.magicjackwireless.com to help recover other administrative fees.  Although added to the overall charge, the Recovery Fee is separate from the cost of Service and the Recovery Fee shall not result in the purchase of any additional Service time. We set the Recovery Fee, and the amount and what the Recovery Fee includes may change at any time without notice. 

10.2 Federal Universal Service Fund Fee. The Federal Universal Service Fund Fee is designed to recover magicJack Wireless’ contribution to the Federal Universal Service Fund program. The Federal Universal Service Fund Fee is used to fund programs to increase access to advanced telecommunications services for consumers in rural areas at reasonable rates and provides federal program funding. Rate may change as determined by the Federal Communications Commission. The Universal Service Administrative Company (“USAC”) establishes a quarterly contribution factor, and magicJack Wireless charges its customers the then-applicable rate charged to magicJack Wireless by USAC.

10.3 State Universal Service Fund Fees. The State Universal Service Fund Fee is designed to recover magicJack Wireless’ contribution to various state universal service fund programs. The State Universal Service Fund Fee is assessed as a percentage of intrastate revenues, gross revenues, or as a flat rate per line as set forth by the various state, county or municipal jurisdiction. Certain state agencies establish a quarterly, semi-annual or annual contribution factor, and magicJack Wireless may choose to charge its customers to recoup the state universal service fund fees charged to magicJack Wireless.

10.4 Sales and Use Taxes. Sales and use taxes are assessed to allow magicJack Wireless to recover the cost of all federal, state, municipal, local or other governmental sales and use taxes now in force or enacted in the future, that arise as a result of your subscription to, use of, or payment for magicJack Wireless Service. To determine sales and use taxes, we will use the street address you identified as your Place of Primary Use (“PPU”). The PPU for Puerto Rico must be in Puerto Rico. If you did not identify the correct PPU, or if you provided an address (such as a PO box) that is not a recognized street address, does not identify the applicable taxing jurisdictions or does not reflect the Service area associated with your telephone number, you may be assigned a default location for tax purposes. In the event of a disputed tax jurisdiction location being assigned, any tax refund must be requested within sixty (60) days of our notification to you that the tax has been assessed.

10.5 9-1-1 Fees. Each state, city, municipality, or county has specific charges that are levied for access to 9-1-1.  Determination of the applicable 9-1-1 charges depends on where you purchase magicJack Wireless Service.  magicJack Wireless may bill its customers for 9-1-1 charges.  Any such 9-1-1 charges are a monthly recurring charge assessed on a per line basis and will appear on your monthly invoice.

11. Your Right to Dispute Charges.

11.1 Unless otherwise provided by law, you agree to notify us of any dispute regarding your bill or charges to your account within sixty (60) days (twenty (20) days for Puerto Rico customers) after the date you first receive the disputed bill or charge. If you do not notify us of your dispute in writing with supporting documentation within this time period, your claim is waived and you may not pursue a claim in arbitration or in court. Except for Puerto Rico customers and unless otherwise provided by law, you must pay disputed charges until the dispute is resolved. If you accept a credit, refund or other compensation or benefit to resolve a disputed bill or charge, you agree that the issue is fully and finally resolved. For unresolved disputes see Section 2 above. To contact or notify us, see Section 12. This paragraph is notice to Puerto Rico customers that payment of undisputed charges is due when stated on your bill, regardless of any dispute.

11.2 Puerto Rico Customers. We will provide you with a determination regarding any dispute that is presented to us in accordance with this Section 11 within fifteen (15) days after we receive it. You may appeal our determination to the Telecommunications Board of the Commonwealth of Puerto Rico (“Telecommunications Board”) by filing a petition for review up to thirty (30) days after the date of our determination. Your petition for review shall be made through the filing of a document containing the following information: (i) your name and address; (ii) our company name; (iii) the pertinent facts; (iv) any applicable legal provisions that you are aware of; and (v) the remedy you are requesting. The document may be filed handwritten or typewritten and must be signed by you. You must send us a copy of your document to the following address: NetZero Wireless, Inc., Attn: Customer Service, 931 Village Boulevard, Suite 905, Box 386, West Palm Beach, FL 33409. You must send your petition for review to the Telecommunications Board at the following address: 500 Ave. Roberto H. Todd (Pda. 18 – Santurce), San Juan, Puerto Rico 00907-3941. The Telecommunications Board will review our determination only on appeal. You are advised of the provisions regarding suspension of Service that appear in Law 33 of July 7, 1985, Law 213 of September 12, 1996 and Regulation 5940 promulgated by the Telecommunications Board. You are also advised of Regulation 5939 of March 12, 1999 promulgated by the Telecommunications Board regarding the procedures for resolution of customer disputes.

11.3 Louisiana Customers.  Customers in Louisiana should be aware that, consistent with applicable law, the Louisiana Public Service Commission has the authority to review disputed billings and charges.

12. Notices and Customer Communications.

12.1 Receipt of Communications.  You expressly consent to receive all communications, agreements, documents, notices and disclosures (“Notices”) from us, at the telephone number associated with your Device, or physical or electronic address you provide to us. Notices from us to you are considered delivered when we deliver them to your Device by text message or voice, or by email to any email address you provide to us, or three (3) days after mailing to your billing address.

12.2 Autodialed or Prerecorded Messages. We may at times contact you using autodialed or prerecorded message calls or text messages at the telephone number associated with your Device. We may place such calls or texts to (i) provide notices regarding your magicJack Wireless account or account activity, (ii) investigate or prevent fraud, (iii) inform you about products or services that may be of interest to you, or (iv) collect a debt owed to us. You agree that we and our service providers may contact you using autodialed or prerecorded message calls and text messages to carry out the purposes we have identified above. We may also share your phone number with service providers with whom we contract to assist us in pursuing these interests. Standard telephone minute and text charges may apply.

12.3 Revocation of Consent.  You do not have to consent to receive autodialed or prerecorded message calls or texts in order to use magicJack Wireless Service. Where magicJack Wireless is required to obtain your consent for such communications, you may choose to revoke your consent by any reasonable means, including by (i) contacting our customer service department at info@magicJackwireless.com, (ii) calling 800-292-7099, (iii) writing to: NetZero Wireless, Inc., 30870 Russell Ranch Road Suite 250, Westlake Village, CA 91362, Attn: Customer Service, or (iv) managing your account preferences on the magicJack Wireless website. Written notices from you to us are considered delivered when you send an email or three (3) days after mailing to the address above.

To begin arbitration or other legal proceeding, you must serve our registered agent. Our registered agent is NetZero Wireless, Inc., and can be contacted at info@magicjackwireless.com.

13. Lost or Stolen Devices. You agree to immediately notify us if your Device is lost or stolen. Once you notify us, we will suspend your Service. After your Service is suspended, you will not be responsible for additional usage charges incurred in excess of your Service plan charges, and applicable Taxes and Surcharges. If you request that we not suspend your Service, you will remain responsible for all usage and charges incurred and applicable Taxes and Surcharges. We may prevent a lost or stolen Device from registering on any network. California customers: For charges incurred before you notify us, you are not liable for charges you did not authorize, but the fact that your Device or account was used is some evidence of authorization. You may request that we investigate charges you believe were unauthorized. We may ask you to provide information and you may submit information to support your request. If we determine the charges were unauthorized, we will credit your account. If we determine the charges were authorized, we will inform you within thirty (30) days and you will remain responsible for the charges.

14. Misuse of Service or Device. By activating or renewing Service with magicJack Wireless, you agree that you do so because you want Service from magicJack Wireless and not for any other purposes, and you agree to use Service and your Device only for lawful purposes. magicJack Wireless Service plans may only be used for the following purposes (and your use of magicJack Wireless Service must be initiated from your supported, compatible Device): (i) voice calls between two individuals; (b) text and picture messaging; and (iii) Internet browsing and ordinary content downloads. You agree not to misuse the Service or Device, including but not limited to: (a) reselling or rebilling our Service; (b) using the Service or Device to engage in unlawful activity, or in conduct that adversely affects or could be detrimental to our customers, employees, business, or any other person(s), or that interferes or could interfere with our operations, network, reputation, or ability to provide quality service, including but not limited to the generation or dissemination of viruses, malware or “denial of service” attacks; (c) using the Service as a substitute or backup for private lines or dedicated data connections; (d) using the Service for continuous, mobile to mobile or mobile to landline voice calls; (e) using the Service for automated text or picture messaging to another mobile device or email address; (f) uploading, downloading or streaming of continuous video or audio; (g) tampering with or modifying your magicJack Wireless Device; (h) “spamming” or engaging in other abusive or unsolicited communications, or any other mass, automated voice or data communication for commercial or marketing purposes; (i) reselling magicJack Wireless Devices for profit, or tampering with, reprogramming or altering magicJack Wireless Devices for the purpose of reselling the magicJack Wireless Device; (j) using the Service in connection with server devices or host computer applications, including continuous Web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections, voice or SMS relay, or peer-to-peer (P2P) file-sharing; (k) accessing, or attempting to access without authority, the information, accounts or devices of others, or to penetrate, or attempt to penetrate, magicJack Wireless’ or another entity’s network or systems; (l) running software or other devices that maintain continuously active Internet connections when a computer’s connection would otherwise be idle, or “keep alive” functions (e.g., using a Service plan for Web broadcasting, operating servers, telemetry devices and/or supervisory control and data acquisition devices); (m) using the Service to relay voice calls or text and picture messages not originated from the Device; or (n) assisting or facilitating anyone else in any of the above activities. You agree that you will not install, deploy, or use any regeneration equipment or similar mechanism (for example, a repeater or signal booster) to originate, amplify, enhance, retransmit or regenerate a transmitted RF signal. Voice services may not be used for monitoring services, data transmission, transmission of broadcasts, transmission of recorded material, relay services, interconnection to other networks, telemarketing activity, autodialed calls or robocalls.

15. Our Rights to Limit or End Service or the Agreement.

15.1 WE MAY LIMIT, THROTTLE, SUSPEND OR TERMINATE YOUR SERVICE OR AGREEMENT WITHOUT NOTICE AT ANY TIME AND FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, if you, any user of your Device, or any user on your account: (a) breaches the Agreement; (b) transfer(s) Service to another person without our consent; (c) becomes insolvent, goes bankrupt or threatens bankruptcy (except as prohibited by law); (d) misuses your Service or Device as described in Section 14 above; (e) uses your Service or Device in a manner that is excessive, unusually burdensome, or unprofitable to us; or (f) are on a Service plan that we determine is no longer available to you. We may impose credit, usage or other limits to your Service, suspend your Service, or block certain types of calls, messages or sessions (such as international, 10XXX, 0+/0-, chat services, 900 or 976 calls), in our sole discretion and without notice. “Unlimited data” single-month and multi-month plan subscribers will experience reduced speeds and increased latency after using 40GB of data within a given monthly period. 

magicJack Wireless reserves the right to cancel or deactivate Service or reduce data throughput speeds at any time in order to protect its supplier’s network from harm or to protect itself from financial or other harm due to any cause including, without limitation, the excessive and/or unauthorized use of magicJack Wireless Service. magicJack Wireless reserves the right to limit throughput or the amount of data transferred and to deny or terminate Service to anyone magicJack Wireless believes is using their Service in an unauthorized or illegal manner or whose usage, in magicJack Wireless’ sole discretion, adversely impacts its supplier’s network or customer service levels. magicJack Wireless will presume you are engaging in an unauthorized use in violation of these T&Cs, if in magicJack Wireless’ sole discretion, you are placing an abnormally high number of calls, or repeatedly placing calls of unusually long duration, or if your talk, text, or data usage is harmful or disruptive to magicJack Wireless’ supplier’s network or service levels or to magicJack Wireless’ financial or other interests. If we determine, in our sole discretion, that you are using your Service in violation of these T&Cs or in any other manner that we deem to be unreasonable or excessive, we may at any time terminate individual calls or data connections, terminate or reduce data throughput or terminate your Service, decline to renew your Service, or offer you a different Service plan without an unlimited usage component which may result in an increased cost to you.

magicJack Wireless may at any time discontinue providing Service to you, discontinue your account, terminate data connections and/or reduce data throughput speeds if your usage, in the sole judgment of magicJack Wireless: (i) appears likely to generate abnormally high call volumes or data usage and/or abnormally long average call lengths or data usage as compared to the usage of other magicJack Wireless customers; or (ii) may be harmful or disruptive to, or interfere with, magicJack Wireless’ supplier’s network, magicJack Wireless’ service or the ability to provide quality service to other customers. By initiating Service and placing or receiving calls, you acknowledge and agree to magicJack Wireless’ right to terminate your Service under these circumstances.

If you provide any information that is not current, untrue, inaccurate or incomplete, or fail to update any information on a timely basis, or if magicJack Wireless has reason to believe that information you provided is not current, untrue, inaccurate, or incomplete, magicJack Wireless may suspend or terminate your account.  magicJack Wireless also retains the right, in its sole discretion, to suspend, deactivate, or terminate your account as reasonably necessary to investigate or stop illegal, fraudulent, or suspicious activities.

If we limit, suspend or terminate your Service and later reinstate your Service, you may be charged a reinstatement fee. This paragraph constitutes notice to Puerto Rico customers that your Service may be suspended or cancelled if you engage in any of the foregoing actions in Sections 14 and 15 in accordance with the Puerto Rico Suspension Regulation 5940 of March 12, 1999, promulgated by the Telecommunications Board where applicable, or in magicJack Wireless’ sole discretion. If your Service or account is limited, suspended or terminated and then reinstated, you may be charged a reactivation fee.

15.2 Final Sale.  All sales are final.

15.3 Device Refunds and Restocking Fees. For magicJack Wireless-provided Devices returns and exchanges, see the applicable device return policy, which is available at Device Return Information. Some magicJack Wireless-provided Devices may not be refunded or exchanged, and you may be required to pay a restocking fee.  Devices offered to magicJack Wireless customers, if any, will comply with the FCC’s regulations concerning hearing aid compatibility.

15.4 No Future Service.  In the event magicJack Wireless terminates your Service for any reason specified in Section 15.1 or otherwise, we reserve the right to prohibit you from using any magicJack Wireless Service plan in the future by blocking your device from our network, prohibiting you from using a new magicJack Wireless Service account that you purchase, or through other means.

16. Intellectual Property. You agree not to infringe, misappropriate, dilute or otherwise violate the intellectual property rights of magicJack Wireless or any third party. Except for a limited license to use the Services, your purchase of Services and magicJack Wireless Devices does not grant you any license or right to copy, modify, reverse engineer, download, redistribute, or resell the intellectual property of magicJack Wireless or others related to the Services and magicJack Wireless Devices. magicJack Wireless’ name and trademarks and all related names, logos, product and service names, designs and slogans are trademarks of magicJack Wireless or its affiliates (the “Marks”). You agree not to use the Marks in any manner without the prior written permission of magicJack Wireless or its appropriate affiliates. You agree that a violation or threatened violation of this section harms magicJack Wireless, which cannot be fully redressed by money damages, and that magicJack Wireless shall be entitled to immediate injunctive relief in addition to all other remedies available.

17. Privacy Information. Our Privacy Policy governs how we collect and use information related to your use of our Service and is available online at www.magicJackwireless.com/privacy-policy. We may change our Privacy Policy without notice; however, if we change our policy to allow use or disclosure of personal information in a way that, in our sole determination, is materially different from that stated in the policy at the time the data was collected, we will post notice in advance of the change. Data on your Device may automatically be stored on your SIM card, Device or our network. Your data may remain on the Device even if your SIM card is removed; the data left on your Device will be accessible to others who use your Device, and may be deleted, altered, or transferred to our or our supplier’s network servers.

18. Disclaimer of Warranties. EXCEPT TO THE EXTENT OTHERWISE EXPRESSLY PROVIDED IN WRITING, AND TO THE EXTENT PERMITTED BY LAW, THE SERVICES AND DEVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OF ANY KIND. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES AND DEVICES IS AT YOUR SOLE RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES, OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING YOUR SERVICE OR YOUR DEVICE. WE DO NOT PROMISE UNINTERRUPTED OR ERROR-FREE SERVICE AND WE DO NOT AUTHORIZE ANYONE TO MAKE ANY REPRESENTATIONS OR WARRANTIES ON OUR BEHALF. WE DO NOT GUARANTEE THAT YOUR COMMUNICATIONS WILL BE PRIVATE OR SECURE.

19. Waivers and Limitations of Liability. UNLESS PROHIBITED BY LAW, OUR LIABILITY FOR DAMAGES OR OTHER MONETARY RELIEF FOR ANY CLAIMS YOU MAY HAVE AGAINST US IS STRICTLY LIMITED TO NO MORE THAN THE AMOUNTS ACTUALLY PAID BY YOU TO US FOR THE SERVICE FROM WHICH THE DAMAGES OR OTHER LIABILITY AROSE IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. YOU EXPRESSLY AGREE THAT UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, TREBLE, EXEMPLARY OR PUNITIVE DAMAGES OR LOSS OF GOODWILL, PROFITS, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OUR SERVICE (INCLUDING THE PROVISION OF OR FAILURE TO PROVIDE SAME), ANY DEVICE, OR OTHERWISE IN CONNECTION WITH THE AGREEMENT OR THE SUBJECT MATTER HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF, OR OTHERWISE MIGHT HAVE ANTICIPATED, THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION AND WAIVER ALSO APPLIES TO ANY CLAIMS YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT WE WOULD BE REQUIRED TO INDEMNIFY THAT PARTY FOR SUCH CLAIM. YOU AGREE WE ARE NOT LIABLE FOR PROBLEMS CAUSED BY YOU OR A THIRD PARTY. EXCEPT TO THE EXTENT PROHIBITED BY LAW, ALL CLAIMS MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE THE CLAIM ARISES or be forever barred.20. Indemnification. You agree to defend, indemnify, and hold us (including without limitation our parent, subsidiaries and affiliates, and their respective shareholders, members, officers, directors, managers, employees, and agents) harmless from and against any and all losses, claims, liabilities, costs and expenses (including taxes, fees, fines, penalties, interest, expenses of investigation and attorneys’ fees and disbursements) as incurred, arising out of or relating to use of the Service or Devices, breach of the Agreement or any other agreement with magicJack Wireless, your negligence or willful misconduct, or violation of any laws or regulations or the rights of any third party by you or any person on your account or that you allow to use your Service or Device. magicJack Wireless reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

21. Enforceability and Assignment. A waiver of any part of the Agreement in one instance is not a waiver of any other part or any other instance and must be expressly provided in writing. If we do not enforce our rights under any provisions of the Agreement, we may still require strict compliance in the future. Except as provided in Section 2, if any part of the Agreement is held invalid that part may be severed from the Agreement. You cannot assign the Agreement or any of your rights or duties under it without our written consent. We may assign all or part of the Agreement or your debts to us without notice. The Agreement is the entire agreement between magicJack Wireless and you and defines all of the rights you have with respect to your Service or magicJack Wireless Device, except as provided by law, and you cannot rely on any other documents or statements by any sales or service representatives or other agents. If you purchase a Device, services or content from a third party, you may have a separate agreement with the third party; magicJack Wireless is not a party to that agreement. Any determination made by us pursuant to this Agreement shall be in our sole discretion. Any provision of the Agreement which by its nature would survive the termination or expiration of the Agreement, including without limitation Sections 2-3, 5, 8-14, and 16-22 of this Agreement, shall continue after termination of the Agreement.

22. Choice of Law. This Agreement is governed by the Federal Arbitration Act, applicable federal law, and the laws of the state in which your billing address in our records is located, without regard to the conflicts of laws rules of that state. Foreign laws (except for Puerto Rico) do not apply. Arbitration or court proceedings must be in: (a) the county and state in which your billing address in our records is located, but not outside the U.S.; or (b) in Puerto Rico if your billing address is in Puerto Rico. If any provision of the Agreement is invalid under the law of a particular jurisdiction, that provision will not apply in that jurisdiction.

23. CPNI. Customer Proprietary Network Information (“CPNI”) is information that magicJack Wireless and other telecommunications carriers obtain when providing your telecommunications services to you. CPNI includes the types of telecommunications services you currently purchase, how you use them, and the billing information related to those services, including items such as the types of local, long distance and wireless telecommunications services that you have purchased and your calling details.  Your telephone number, name and address are not considered CPNI.

We may use CPNI to offer you additional services of the type you already purchase from magicJack Wireless.  We may also use your CPNI to offer you products and services, packages, discounts and promotions from our affiliates, which may be different from the types of services you already purchase.

magicJack Wireless uses technology and security features and strict policy guidelines to safeguard the privacy of CPNI and protect it from unauthorized access or improper use.  magicJack Wireless does not disclose CPNI outside of magicJack Wireless, its affiliates and their respective agents without customer consent except as required by law. When magicJack Wireless uses third parties to perform services on its behalf that require the use of CPNI, magicJack Wireless requires that they protect the CPNI consistent with this privacy policy. magicJack Wireless does not sell CPNI to unaffiliated third-parties.

If you wish to restrict our use of your CPNI for marketing purposes, you may contact a customer service representative at the customer service phone number located on your magicJack Wireless telephone bill or in Section 12 of these T&Cs.

24. magicJack Multi-Month Plan Terms

magicJack Wireless Multi-Month Plans are subject to the magicJack Wireless Terms & Conditions (available at www.magicjackwireless.com/terms-and-conditions), in addition to the terms in this Section 24. Advertised prices do not include the Recovery Fee. Taxes and fees apply. Payment for entire subscription period required in advance. Not combinable with other offers. All plans are data limited, with data speeds slowed to a max of 128 kbps after use of monthly allotment and/or during times of network congestion. Data on 250MB plan is capped after data threshold is reached; MMS messages will no longer be able to be sent after reaching data threshold. Video streams at Standard Definition quality (about 480p) on all plans. 5G and 4G LTE access requires a capable device and SIM within an appropriate coverage area. Actual availability, speed, and coverage may vary. One month equals 30 days. Partial megabytes rounded up. Plans must be activated within 45 days of purchase. Pricing, promotions, and terms & conditions are subject to change and may be modified or terminated at any time without notice. 

25. magicPerks Rewards Program

25.1 Eligibility and Overview. The magicPerks Loyalty Program (the “Program”) is offered only on www.magicjackwireless.com, at our sole discretion. Your participation in the Program is subject to these Ts&Cs, as amended from time-to-time.

25.2 Membership in the Program is open to all active magicJack Wireless customers, and is limited to one (1) membership per individual. You do not need to join the Program in order to purchase products on www.magicjackwireless.com.

25.3 By joining the Program and becoming a Program member, you agree that you have read, understand, and agree to be bound by the Program terms contained in this Section 25, as amended from time-to-time (the “Program Terms”). Your continued participation in the Program after any amendment(s) to the Program Terms constitutes your consent and agreement to be bound by such Program Terms.

25.4 Enrollment. Eligible individuals may enroll In the Program by logging into their magicJack Wireless customer account and signing up. By enrolling in the Program, you are agreeing to the Program Terms.

25.5 Points and Rewards earned through the Program have no cash value, are non-negotiable, and cannot be redeemed in whole or in part for cash. Only the Program member paying for service in a qualifying purchase may accumulate points or rewards. Points and rewards do not constitute property of any member or any other person and may not be brokered, bartered, pledged, gifted, sold, or otherwise transferred, other than by magicJack Wireless or as otherwise expressly provided for in these Program Terms, and any receipt or use of points or rewards in violation of these Program Terms will render such points and rewards void. Neither accounts nor points or rewards may be shared or combined.

25.6 You may redeem points for eligible products by signing into your account. Rewards may only be redeemed for eligible products available on www.magicjackwireless.com unless expressly authorized by magicJack Wireless. You cannot combine rewards with any other coupon or promotion. Rewards cannot be exchanged or returned for another product or service or a monetary refund. Points used to redeem a reward will be deducted from the total points available in your Program account. Points may not be used toward purchases of gift certificates, charitable items, promotional value sets, sales tax, or shipping charges. Credits from multiple accounts may not be aggregated unless authorized by magicJack Wireless. Taxes on rewards may apply where required by law. You are solely responsible for any tax liability, including disclosure, related to your participation in the Program, including upon receipt of points or redemption of rewards.

25.7 magicJack Wireless reserves the right, at any time in its sole discretion and without notice to you, to change rewards, how you earn points, and how we evaluate and reward your eligible purchases and other Program action.

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