h2o Wireless and h2o BOLT
PLEASE READ THESE terms and conditions carefully and make sure that you understand each provision as they contain important information about the services provided to you and our use of certain information. these terms and conditions require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. these terms and conditions limit our liability and the remedies available to you in the event of a dispute.
1. Parties. In this document, “we,” “us,” “our”, and “h2o” refer to h2o Wireless and h2o BOLT; “you,” “your,” “customer,” and “user” refer to an account holder or user of our Service; “Device” or “Devices” means any phone, device, accessory, or other product that we provide you, sell you, or that is active on your account; and “Service” or “Services” means our offers, rates, or service plans. For any questions, please call Customer Service at 1-800-643-4926.
2. General. This Agreement is the contract under which we provide and you accept all our Services or Devices, including but not limited to your prepaid Services. This Agreement hereby incorporates by reference the terms associated with the Service you select and all additional or updated terms at h2owirelessnow.com and h2obolt.com. h2o BOLT is a hotspot service; any terms and conditions herein that are not applicable to data service (e.g. terms regarding minutes and messaging) do not apply to h2o BOLT. YOU ACCEPT THIS AGREEMENT WHEN YOU: (A) ATTEMPT TO OR IN ANY WAY ACTIVATE AND/OR USE THE SERVICES, (B) PAY FOR ANY SERVICES, (C) UPGRADE OR MODIFY THE SERVICE, (D) START ANY APPLICATION, PROGRAM, OR SOFTWARE THAT STATES YOU ARE ACCEPTING, OR (E) ACCEPT THE SERVICES THROUGH ANY PRINTED, ORAL, OR ELECTRONIC STATEMENT. BY USING THE SERVICES, YOU REPRESENT THAT YOU HAVE THE LEGAL CAPACITY TO ACCEPT THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY TERMS IN THIS AGREEMENT, DO NOT TAKE ANY OF THESE ACTIONS.
3. Using Our Services. Service is for personal use in the U.S. only. You agree not to use our Services in any unlawful, fraudulent, or abusive manner. You may not resell or lease our Services to anyone without our prior written approval. We may, without notice, limit, suspend, or end your Service as follows: if you (a) breach this Agreement, (b) make a misrepresentation to us, (c) “spam” or abusively message or call, (d) modify your Device from its manufacturer's specifications, (e) use the Services in a way that adversely affects our network or other customers, (f) allow anyone to tamper with your Device, or (g) harass our employees or agents. We may terminate your Services at any time by providing you prior notice, and we may terminate your service at any time without notice for any conduct that we believe violates this Agreement. We may also temporarily limit your access to the Services for any operational or governmental reason. We are not responsible for any opinions, advice, statements, applications, or other information provided by third parties and obtained through our Services, including the Internet. You are responsible for any use of the Services through any Device on your account including, but not limited to, use by minors. You acknowledge that the Services are provided through the nationwide wireless network of an underlying service provider.
4. Activating Prepaid Service. Prepaid Service is active at the time of your purchase of a prepaid Device or upon first call. You must maintain a positive account balance on your h2o Device in order to keep your account active. Depending on the type of plan you choose to activate on your Device, terms and conditions may vary. For plan details, consult the applicable plan or refill card terms or visit h2owirelessnow.com or h2obolt.com.
5. Account Authorization. You authorize us to make changes to your account, including adding new services and features, upon the direction of any person able to provide information we deem sufficient to identify you. You consent to our use of regular mail, autodialing equipment, email, text messaging or other reasonable means to contact you to inform you of our services or other matters we believe may be of interest to you.
6. Lost or Stolen Equipment. You must contact us immediately to report a lost or stolen Device. Call Customer Service immediately if your Device is lost or stolen because you may be responsible for usage charges before you notify us of the alleged loss. Once you notify us, we will suspend your Service. We will not credit or refund any account balance as a result of loss or theft of your Device. You agree to cooperate with us in investigating suspected unlawful or fraudulent use.
7. Coverage. Coverage is not available everywhere. You will not have access to our network outside of our coverage areas. Services may be interrupted, delayed, or otherwise limited for a variety of reasons, including, but not limited to, environmental conditions, unavailability of radio frequency channels, system capacity and constraints, priority access by National Security and Emergency Preparedness personnel in the event of a disaster or emergency, coordination with other systems, equipment modifications and repairs, and problems with the facilities of interconnecting carriers. We do not guarantee the availability of the wireless network or any Services. Coverage maps are available at h2owirelessnow.com and h2obolt.com. Our coverage maps approximate our anticipated wireless coverage area, do not show actual network coverage or performance, and include coverage on the network as well as coverage we make available to you through agreements with other carriers ("off network" or “roaming”) and may vary and be affected by circumstances beyond our control (e.g. network capacity, interference from buildings and other structures, terrain and weather).
8. Roaming. Both domestic and international roaming are not available with any h2o Service.
9. Refunds and Returns. Account balances are not refundable, transferable, or redeemable for cash or credit. To the fullest extent permitted by law, h2o Devices are sold “as is” with no manufacturer warranty. h2o Devices purchased on h2owirelessnow.com or h2obolt.com are subject to h2o’s 14-day return policy found at h2owirelessnow.com and h2obolt.com. h2o Devices purchased in a retail location are subject to the return policy of the place of purchase.
10. Your Device and Number. Upon your acceptance of your Device, all risk of loss, damage, theft, or destruction of your Device is borne by you. We do not manufacture any Device that is associated with our Services and as such we are not responsible for any defects, acts, or omissions of the manufacturer. The only warranties on your Device are any limited warranties extended by the manufacturer directly to you or passed on to you through the vendor you purchased the phone from. You agree that you will not use h2o Devices with any non-h2o service or on any other network. Except for any legal right you may have to port/transfer your phone number to another carrier, you do not have any rights in any personal identification number or identifier we assign you. We will notify you if we decide to change or reassign them. If your prepaid account is de-activated, your phone number may be re-assigned. Your wireless phone number and name may show up when you call someone. If you do not want people you call to receive the number assigned to your phone, call Customer Service about Caller ID blocking. Your h2o device may not be 4G enabled.
11. Transferring/Porting Your Number. You must have an active h2o account to transfer, or “port,” your phone number. Call Customer Service if you wish to port your phone number from another service provider to h2o. If you request your new service provider to port a number from us, and we receive your request from that new service provider, we will treat it as notice from you to terminate our Service for that number upon successful completion of porting. You must have an active h2o account for a minimum of five (5) days before requests to port out/transfer your number from h2o to another service provider are fulfilled. If you port your number away from us, the terms of this Agreement still apply. You will not be able to transfer any unused balance on your account to your new service. After the porting is completed, you will not be able to use our Services for that number. We do not guarantee that number transfers to, or from, us will be successful.
12. Charges. You agree to have your prepaid account debited for all usage and other charges associated with your Device, even if you were not the user of, and did not authorize, its use. Charges include, without limitation, monthly recurring access charges, charges based on actual usage and all applicable taxes and regulatory fees. You agree that we may deduct from your account balance all federal, state and local taxes, fees, and other assessments that we are required by law to collect and remit to the government on the Service we provide you. Directory assistance, premium SMS, no answer/busy transfer, caller ID, caller ID block, and roaming not available with any plan. 3-way calling, call forwarding, call waiting, and voicemail features included; voice rates apply where applicable. When calling outside the U.S., additional charges will apply. Advertised international rates may not apply to calls made to foreign mobile phones or to off network/special locations and in some instances may be higher. International voice credit does not roll over upon monthly plan expiration; credit cannot be replenished if used prior to the expiration of your monthly plan. For pay as you go plans, international calls are charged at the applicable international rate plus airtime, except for select international destinations that are included at no extra charge (i.e. airtime charge only). Restrictions on certain countries may apply. All plans, rates and fees are subject to change without notice. Making a payment over the phone with an h2o customer service representative incurs a $3 assistance fee in addition to the airtime amount. You can avoid this fee by paying online, or through our automated system. For current charges and fees, call Customer Service or visit h2owirelessnow.com and h2obolt.com.
13. Calling and Messaging. Call times are measured in whole minutes and rounded up to the nearest minute. For international calling without the use of international voice credit, each monthly plan account can dial up to 10 unique international telephone numbers each month (visit h2owirelessnow.com for destination list) which resets upon the 1st of each month, regardless of plan expiration; calls to countries other than the U.S. will be terminated at 60 minutes but may be re-initiated thereafter. All phone usage (including inbound/outbound calls, voicemail deposits/retrievals, inbound/outbound messaging, international calls, and directory assistance), incurs charges. We may impose limits on the number of voicemail, text, e-mail, or other messages that can be retained through your account. Indicators of messages on your Device, including mailbox icons, may not always provide an up-to-date indication of new messages and you may need to manually reset or clear your mailbox indicator. Legitimate messages may be inadvertently interrupted by software aimed at prevention of unsolicited messages.
14. Text and Picture Messaging. Note: iPhone devices cannot be used on the network for picture messaging or FaceTime at this time. Text messages are typically limited to 160 characters per message, but such character limitation may vary depending on your device. All messages, including text and picture messages are charged when sent (per recipient) or received, regardless of whether they are read or unsolicited. Data usage applies for sending and receiving MMS. h2o is not responsible for any of the data activity sent to or received on your Device, regardless of who initiates the activity. For messages delivered to your Device in multiple parts, you will be charged for each part of the message received. When a single message is delivered from your Device to multiple recipients, you will be charged for one message per each recipient. h2o reserves the right to limit picture message size at any time. In order to protect our network and Services, h2o may issue separate charges, limit the amount of data transfer, or otherwise limit or terminate Services. Memory limitations on your Device may prevent some data or content from being stored. h2o is not responsible for the failure to store data or content nor the deletion of such data or content. Picture and video messaging consume data and are only available on handsets programmed for data.
15. Services Restrictions.
Services are subject to our business policies, practices, and procedures ("Policies"), including our Authorized Use Policy HERE. You agree to follow our Policies when you use our Services. Our Policies are subject to change at any time and become effective when posted to h2o’s website at www.h2owirelessnow.com.
h2o’s Services may not be used to transmit content or messages that are illegal, fraudulent, abusive, or obscene; or that would adversely affect our customers, reputation, property, network, or Services. You are prohibited from using our Services for unsolicited commercial activity or unsolicited advertising. h2o has the sole discretion to limit, suspend, modify, or terminate accounts without notice to anyone using our Services in any prohibited manner.
16. Data Service and Charges. Download speeds max of 8Mbps (LTE)/4Mbps (4G). Videos stream at DVD Quality (480p). A capable device is required for 4G LTE speeds. A compatible device and h2o SIM Card are required for h2o BOLT service. h2o data is up to 4G LTE speeds for the selected plan allotment, if applicable; speeds then reduced to up to 2G for the remainder of the plan cycle. Actual speeds may vary depending on location and device capability. The h2o feature card cannot be used for activation; a monthly plan must have been loaded prior to loading first data card. Feature card balance will carry over as long as account remains active and cannot be used with pay as you go plans. Data allotment for monthly plan is consumed before feature card. Data usage is measured in kilobytes and is rounded to the nearest KB each use. Data usage applies for sending/receiving MMS. For data capable Devices not provided by h2o, manual or auto configuration is needed for MMS and/or data settings. Your account balance will be deducted for all data directed to the Internet address (“IP address”) assigned to your Device, regardless of who initiates the activity or whether your Device actually receives the data. This includes, but is not limited to, the amount of data associated with the particular information/item (e.g. game, ringer, email, etc.), additional data used in accessing, transporting and routing this information/item on our network, data from partial or interrupted downloads, re-sent data, and data associated with unsuccessful attempts to reach websites or use applications. Based on these and a number of other factors (e.g., the specific application, network performance, etc.) data used will vary widely, even for the same activity. Estimates of data usage, for example, the size of downloadable files, will not necessarily be an accurate predictor of actual usage.
17. Unlimited Plan Abuse. For any Service that includes unlimited features, “unlimited” does not mean unreasonable use. h2o’s unlimited voice and data features are provided solely for dialogue between two individuals and for normal, non-commercial use. Other uses have a disproportionate impact on network resources and our ability to manage our network efficiently and are therefore considered unreasonable. Unreasonable voice use includes, but is not limited to, the following: monitoring services, transmission of broadcasts, telemarketing, call center services, autodialed calls, an abnormally high number of conference calling, calls, or messages, and/or calls of abnormally long duration. h2o’s unlimited data or messaging features are provided solely for purposes of non-commercial messaging, Internet browsing, e-mail access, and the non-continuous streaming of data (e.g. downloading files). While most common uses are permitted by our data and messaging features, there are certain uses that cause extreme network capacity issues and are therefore prohibited. Our data and messaging services may not be used: (a) to generate excessive amounts of Internet traffic through the continuous, unattended streaming, downloading, or uploading of videos or other files, (b) to operate hosting services, (c) to maintain continuous active network connections to the Internet such as through a web camera or automated machine-to-machine connection or peer-to-peer (P2P) file sharing, (d) to disrupt e-mail use by others using automated or manual routines, including, but not limited to "auto-responders" or cancel bots or other similar routines, (e) to transmit or facilitate any unsolicited or unauthorized advertising, promotional materials, “spam,” unsolicited commercial or bulk e-mail or messaging, (f) for activities adversely affecting the ability of other people or systems to use either h2o's wireless services or other parties' Internet-based resources, including, but not limited to, "denial of service" (DoS) attacks against another network host or individual user, (g) for an activity that tethers or connects any device to personal computers or other equipment for the purpose of transmitting wireless data over the network (unless customer is using a plan designated for such usage), (h) as a dedicated data connection, (i) for abnormally long data transmissions, or (j) for any other reason that, in our sole discretion, violates our policy of providing “unlimited” Services for non-commercial use. If you use wireless services in any manner that is prohibited, we (i) may interrupt, suspend, cancel, or terminate your wireless data services without advance notice; and (ii) take any action to protect our networks and/or our rights and interests.
18. Expiration; Prepaid Refills. h2o Wireless Monthly plans (“Monthly Plan”) are good for a period of 30 days at the applicable charge and expire at 11:59 p.m. C.S.T. on the 30th day; when you first activate a Monthly Plan the day the Monthly Plan is activated counts as the first full day and counts towards the first 30 days, accordingly, during the first month of activation, your Month Plan may be less than a full 30 days depending on the time of Monthly Plan activation. h2o Wireless Pay as You Go plans and h2o BOLT plans expire in accordance with the expiration date provided with your purchased refill card. If you switch between plans or renew a plan before expiration, the features associated with your prior plan will no longer be available. If you recharge an h2o Wireless Pay As You go plan before expiration, remaining Airtime minutes and Airtime will stack. Stacking is not available for h2o Wireless Monthly plans or for h2o BOLT plans. Credits to your prepaid account will be valid for a limited time from purchase, in accordance with the terms of your plan and/or the expiration date provided in conjunction with your purchased refill card. If your account balance falls to zero while you are on a call, the call will be disconnected. If your account is inactive, you will not be able to utilize your wireless device for any purpose. Your account and phone number will be cancelled if the balance remains at $0 for 30 consecutive days or more. h2o refills can only be used with h2o Devices. Credits cannot be transferred from one account to another. If your account becomes inactive, we may de-activate your account and you may lose your phone number. If you wish to use Services after your account has been de-activated, call Customer Service for reactivation. There may be a charge to reactivate and we cannot ensure and do not guarantee that the same phone number will be available.
20. TTY Access. A TTY (also known as TDD or Text Telephone) is a telecommunications device that allows people who are deaf or hard of hearing, or who have speech or language disabilities, to communicate by telephone. TTY does not work with all Devices. If you have a digital wireless TTY compatible Device, it is possible to make calls, including 911 calls, with a TTY. If you have questions concerning your Device’s TTY compatibility, please contact Customer Service or visit h2owirelessnow.com.
21. Disclaimer of Warranties. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, TO THE EXTENT ALLOWED BY APPLICABLE LAW, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING YOUR SERVICES OR WIRELESS DEVICE. SERVICE IS PROVIDED ON AN “AS IS” BASIS. WE DO NOT PROMISE UNINTERRUPTED OR ERROR-FREE SERVICES AND DO NOT AUTHORIZE ANYONE TO MAKE ANY WARRANTIES ON OUR BEHALF. YOU AGREE TO HOLD US HARMLESS FOR ALL SUCH SERVICE ISSUES.
22. Limitation of Liability/Indemnification. NEITHER WE NOR OUR VENDORS, SUPPLIERS OR LICENSORS SHALL BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH: (A) ANY ACT OR OMISSION BY YOU, OR ANOTHER PERSON OR COMPANY, (B) PROVIDING OR FAILING TO PROVIDE SERVICES, INCLUDING DEFICIENCIES OR PROBLEMS WITH YOUR WIRELESS DEVICE, OUR NETWORK COVERAGE OR SERVICES (E.G., DROPPED, BLOCKED, INTERRUPTED CALLS/MESSAGES, ETC.), (C) ANY HEALTH-RELATED CLAIMS ALLEGEDLY ARISING FROM THE USE OF SERVICES, ANY WIRELESS DEVICES, OR RELATED ACCESSORIES, (D) CONTENT OR INFORMATION ACCESSED WHILE USING OUR SERVICES, SUCH AS THROUGH THE INTERNET; (E) INTERRUPTION OR FAILURE IN ACCESSING, OR ATTEMPTING TO ACCESS, EMERGENCY SERVICES FROM YOUR PHONE, INCLUDING THROUGH 911, E911 OR OTHERWISE, OR (F) EVENTS DUE TO FACTORS BEYOND OUR CONTROL, INCLUDING ACTS OF GOD, WAR, RIOT, STRIKE, OR ORDERS OF GOVERNMENTAL AUTHORITY. IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, OR USE INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT, OR OTHERWISE RELATED TO PROVIDING OR FAILING TO PROVIDE SERVICES IN CONNECTION WITH A DEVICE. YOU ALSO AGREE TO INDEMNIFY US FOR ANY CLAIMS BY THIRD PARTIES AGAINST US ARISING OUT OF THE USE OF OUR PRODUCTS OR SERVICES. IF ANOTHER WIRELESS CARRIER IS INVOLVED IN ANY PROBLEM (E.G. “ROAMING”), YOU AGREE TO ANY LIMITATIONS OF LIABILITY IN ITS FAVOR THAT IT IMPOSES.
23. Mandatory Arbitration of Disputes. YOU AND h2o AGREE TO SUBMIT ANY AND ALL DISPUTES TO BINDING ARBITRATION OR SMALL CLAIMS COURT. DISPUTES INCLUDE ANY CLAIM ARISING OUT OF THIS AGREEMENT WHETHER THE CLAIM AROSE BEFORE THIS AGREEMENT OR ANY PRIOR AGREEMENT WITH US, IS THE SUBJECT OF CURRENT CLASS ACTION LITIGATION TO WHICH YOU ARE NOT A CERTIFIED CLASS MEMBER, OR MAY ARISE AFTER TERMINATION OF THIS AGREEMENT. THIS AGREEMENT DOES NOT PRECLUDE YOU FROM BRINGING ISSUES TO THE ATTENTION OF FEDERAL, STATE, OR LOCAL AGENCIES. ARBITRATION WILL BE GOVERNED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS WIRELESS INDUSTRY ARBITRATION RULES, WHICH ARE PART OF THIS AGREEMENT BY REFERENCE AND ARE AVAILABLE BY CALLING THE AAA AT 1-800-778-7879 OR BY VISITING WWW.ADR.ORG. THE ARBITRATOR MAY AWARD ANY FORM OF INDIVIDUAL RELIEF AND MUST HONOR THE TERMS IN THIS AGREEMENT. ARBITRATION WILL TAKE PLACE IN THE COUNTY OF YOUR BILLING ADDRESS, BUT IF YOUR CLAIM IS FOR $10,000 OR LESS, YOU MAY CHOOSE WHETHER THE ARBITRATION PROCEEDS IN PERSON, BY TELEPHONE, OR BY DOCUMENTS SUBMITTED TO THE ARBITRATOR. YOU FURTHER AGREE THAT WE MAY ATTEND ANY ARBITRATION BY TELEPHONE, VIDEO CONFERENCE, AND/OR DOCUMENT SUBMISSION. CLASS ARBITRATION AND CLASS ACTIONS ARE NOT PERMITTED. BOTH PARTIES ACKNOWLEDGE THAT BY AGREEING TO THIS SECTION, THEY WAIVE ANY RIGHT TO A JURY TRIAL OR PARTICIPATION AS A CLASS MEMBER IN CLASS ACTION LITIGATION/ARBITRATION. WE WILL NOT SEEK REIMBURSEMENT FOR OUR ATTORNEY’S FEES IN ANY DISPUTE, AND IF THE ARBITRATOR DETERMINES YOUR CLAIM TO BE FRIVOLOUS, YOU AGREE TO PAY FOR THE ENTIRE ARBITRATION COST. IF THE ARBITRATOR OR SMALL CLAIMS COURT AWARDS YOU A DOLLAR AMOUNT, WE WILL DOUBLE THAT AMOUNT UP TO AN ADDITIONAL $1,000, AND WE WILL REIMBURSE YOU FOR REASONABLE ATTORNEY’S FEES AND ARBITRATION COSTS. THE FEDERAL ARBITRATION ACT GOVERNS THIS AGREEMENT TO ARBITRATE. IF THE PROHIBITION ON CLASS LITIGATION/ARBITRATION CANNOT BE ENFORCED, THEN THE CLASS ACTION DISPUTE WILL NOT BE SUBJECT TO THIS AGREEMENT TO ARBITRATE. A PARTY WHO INTENDS TO PURSUE ARBITRATION OR RELIEF IN SMALL CLAIMS COURT UNDER THIS AGREEMENT MUST FIRST NOTIFY THE OTHER PARTY OF THE DISPUTE IN WRITING AT LEAST 60 DAYS IN ADVANCE OF INITIATING AN ARBITRATION OR SMALL CLAIMS MATTER. THE NOTICE MUST DESCRIBE THE NATURE OF THE DISPUTE AND RELIEF SOUGHT AND MUST BE MAILED TO: ATTN: DISPUTE RESOLUTION, 1411 W. 190TH STREET, SUITE 650, GARDENA, CA 90248, OR EMAILED TO DISPUTERESOLUTION@h2oWIRELESSNOW.COM. IF AFTER 60 DAYS, WE DO NOT RESOLVE THE DISPUTE, EITHER PARTY MAY INITIATE A SMALL CLAIMS MATTER OR ARBITRATION PROCEEDING BY FOLLOWING THE PROCEDURES SET FORTH IN THE FORMS FOR INITIATING ARBITRATION. FORMS FOR GIVING NOTICE OF DISPUTE AND INITIATING ARBITRATION CAN BE OBTAINED AT https://www.h2owirelessnow.com/mainControl.php?page=forms OR BY CALLING 1-800-643-4926.
24. Changes to Your Service or this Agreement.
We may change any part of the Agreement at any time, without advance notice, including, but not limited to, these General Terms and Conditions, Authorized Use Policy, rates, rate plans, features, products, fees, expenses, coverage areas, roaming partners, international calling plan destinations, provisioning technology, and charges for your Service. Changes become effective when posted to h2owirelessnow.com and/or h2obolt.com. If you continue to access or use our Services or increase your account balance on or after the effective date of a change, you accept that change. Do not access or use our Services after the effective date of a change if you decide to reject the change and cancel Service. You will not be entitled to any refund or credit for the unused portion of your account balance if you decide to cancel Service before your monthly service period ends. You understand that taxes, fees and other charges imposed by the government may increase or decrease at any time without notice and that such charges do not constitute a change to this Agreement or your Service.
25. Miscellaneous. A waiver of, or failure to enforce, any part of this Agreement in one instance is not a waiver of any other part or instance. Section headings are for descriptive, non-interpretive purposes only. You may not transfer or assign this Agreement or any of your rights or duties under it. We may assign all or part of this Agreement, or your debts to us, without notice. Notices are considered delivered when we send them to any e-mail or fax number you have provided to us, 3 days after mailing to the most current billing address we have on file for you, or upon posting on our website. If any part of this Agreement, including any part of its arbitration provisions, is held invalid, that part may be severed from this Agreement and the Agreement shall otherwise be enforceable. This Agreement and the documents to which it refers form the entire agreement between you and h2o on their subjects. If there is a conflict between this Agreement and statements by any sales or service representatives, this Agreement controls. You have no other rights with respect to Service or this Agreement, except as specifically provided by law. This Agreement is not for the benefit of any third party except h2o’s parents, affiliates, subsidiaries, agents, and predecessors and successors in interest. Except to the extent that we have agreed otherwise, this Agreement and disputes covered by it are governed by federal law and the laws of the state of New Jersey, without regard to choice of law principles or the conflicts of laws rules of that state. h2o Wireless is a dba of Locus Telecommunications, LLC.
26. $30 Free Data PROMOTION. Limited time offer. New customers only, valid for the customer's initial recharge. Promotion req’s new svc line or ported number for one (1) h2o® Wireless $30 Monthly Unlimited Plan (Eligible Plan) between 00:01AM ET on July 1, 2017 and midnight ET on November 30, 2017 (Promotion Term) to be eligible to receive FREE 4G LTE data (Promotional Data) as follows: 3GB for $30 plan. Promotion excludes: h2o® Wireless Pay-As-You-Go plans; h2o® Broadband; h2o® BOLT; easyGO. Limit: One (1) Promotion per qualifying line; max. 1 GB of Promotional Data per line. Promotion may not be combined with any other offer, promotion, or discount & cannot be applied to previously placed orders. h2o® Wireless service is for personal use in the U.S. Capable device required for 4G LTE speeds. Speeds limited by device/location. Unused accumulated data, including Bonus Data, is forfeited if you switch between plans, terminate or fail to renew your plan before expiration. “Unlimited” does not mean unreasonable commercial/monitoring/abusive use; see full terms on our website for all prohibited uses. Monthly plans expire 30 days after loaded to account. If you switch between plans or renew a plan before expiration, the features associated with your prior plan will no longer be available unless otherwise specified. Directory assistance, premium SMS, no answer/busy transfer, caller ID, caller ID block, & roaming not available. Unused Data/Bonus Data/Refills/promotions are not redeemable for cash, have no cash value & are not transferable or refundable. Taxes/fees charged where applicable. Plans/rates/fees/promotions subject to change without notice. Coverage & service not available in all areas. h2o® Wireless service is powered by Locus Telecommunications, LLC. © 2017 Locus. Int’l services provided by Touch-Tel USA, LLC. All rights reserved.
Effective September 2013
The following terms apply to the use of services, products, and websites provided by Locus Telecommunications, LLC and its subsidiaries, affiliates, agents, and licensors (collectively "H2O").BY USING THE SERVICE, OR ANY EQUIPMENT PURCHASED BY YOU FROM LOCUS (the “Equipment”), YOU AGREE TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS OF THIS Authorized Use Policy (AUP).
COVERAGE OF THIS POLICY AND AGREEMENT
In addition to other agreements between you and H2O, these terms explain the policies that govern your access to and use of our Website and Network. By accessing or using our Website or Network, you agree to these terms (collectively the "Policy"), as H2O may modify it from time to time. Modifications to this Policy are effective upon its posting on our Website. If you do not agree to accept and comply with the Policy, then do not access or use our Website or Network.
ILLEGAL OR HARMFUL USE
Any and all H2O services are intended for your personal use only, our services are NOT for commercial use and we reserve the right to modify, extend, or cancel this service at any time without notice. Commercial resale of the Equipment is strictly prohibited except by authorized distributors and dealers of Locus. Exporting of Equipment outside the U.S. is strictly prohibited. You may NOT alter any of the hardware or software in this Equipment. Any and all H2O services are intended for use only within the 50 United States wherever the coverage is available.
UNLAWFUL, UNAUTHORIZED USAGE
Any and all H2O services are intended for your personal use only, our services are NOT for commercial use and we reserve the right to modify, extend, or cancel this service at any time without notice. Commercial resale of the Equipment is strictly prohibited except by authorized distributors and dealers of Locus. Exporting of Equipment outside the U.S. is strictly prohibited. You may NOT alter any of the hardware or software in this Equipment. Any and all H2O services are intended for use only within the 50 United States wherever the coverage is available.
Junk E-mail You may not use the Service to transmit or facilitate any unsolicited or unauthorized advertising, telemarketing, promotional materials, "junk mail", unsolicited bulk e-mail, unsolicited duplicative e-mail, unsolicited commercial e-mail, fax broadcasting, or fax blasting (collectively, "Spam"). Violation of the CAN-SPAM Act of 2003, or any other applicable laws regulating e-mail services, constitutes a violation of this Authorized Use Policy (“AUP”). We consider any unsolicited commercial mail to be Spam, regardless of the amount of mail sent, unless the recipient has specifically requested the information. An e-mail may be "unsolicited" for purposes of this AUP if (1) the recipients' e-mail addresses were not obtained through a personal or customer relationship between recipient and sender, (2) recipients did not affirmatively consent to receive communications from the sender, or (3) recipients have opted out of receiving communications from sender when given the opportunity to do so.
You may not use the Service to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to create a false identity for the purpose of misleading others. Without limiting the foregoing, you may not use invalid or forged headers, invalid or non-existent domain names or other means of deceptive addressing.
STOLEN, FRAUDULENT ACTIVITIES
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. LOCUS has the right to interrupt or restrict Service to your Number, without notice to you, if we suspect fraudulent, illegal, or abusive activity, including, but not limited to: (a) conducting business operations and practices; (b) offering or disseminating fraudulent goods, services, schemes, or promotions (e.g., make-money-fast schemes, chain letters, and pyramid schemes); and (c) individual or business representation as an authorized 3rd party affiliation or agent for a business entity (e.g., H2O® Wireless ) without the business' prior consent. 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. You may not use the Service to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scams. You may not use techniques to hide or obscure the source of any e-mail or other communication. You are responsible for all data activity from and to your Equipment, regardless of who initiates the activity.
UNLIMITED PLAN ABUSE
For any Service that includes unlimited features, “unlimited” does not mean unreasonable use. H2O’s unlimited voice features are provided solely for dialogue between two individuals and for non-commercial use. Other uses have a disproportionate impact on network resources and are therefore considered unreasonable. Unreasonable voice use includes, but is not limited to, the following: monitoring services, transmission of broadcasts, telemarketing, call center services, autodialed calls, an abnormally high number of conference calling, calls, or messages, and/or calls of abnormally long duration. H2O’s unlimited data or messaging features are provided solely for purposes of non-commercial messaging, Internet browsing, e-mail access, and the non-continuous streaming of data (e.g. downloading files). While most common uses are permitted by our data and messaging features, there are certain uses that cause extreme network capacity issues and are therefore prohibited. Our data and messaging services may not be used: (a) to generate excessive amounts of Internet traffic through the continuous, unattended streaming, downloading, or uploading of videos or other files, (b) to operate hosting services, (c) to maintain continuous active network connections to the Internet such as through a web camera or automated machine-to-machine connection or peer-to-peer (P2P) file sharing, (d) to disrupt e-mail use by others using automated or manual routines, including, but not limited to "auto-responders," cancel bots, or other similar routines, (e) to transmit or facilitate any unsolicited or unauthorized advertising, promotional materials, “spam,” unsolicited commercial or bulk e-mail or messaging, (f) for activities adversely affecting the ability of other people or systems to use either H2O's wireless services or other parties' Internet-based resources, including, but not limited to, "denial of service" (DoS) attacks against another network host or individual user, (g) for an activity that tethers or connects any device to personal computers or other equipment for the purpose of transmitting wireless data over the network (unless customer is using a plan designated for such usage), (h) as a dedicated data connection, (i) for abnormally long data transmissions, or (j) for any other reason that, in our sole discretion, violates our policy of providing “unlimited” Services for non-commercial use.
LOCUS makes absolutely no representations, warranties or guarantees about the Data Content you access through the Equipment. Data Content may be: unsuitable for children/minors; unreliable or inaccurate; or offensive, indecent or objectionable. You are solely responsible for evaluating the Data Content accessed by you or anyone using your Equipment. We strongly recommend that you monitor content access by children or minors. Prior to accessing certain content which may be inappropriate for children/minors, we may require you to provide certain personal information in order to verify that you are at least 18 years of age. Data Content from third parties may also harm your Equipment or its software. To protect our network or services, or for any other reason, we may place restrictions on accessing certain Data Content, impose separate charges, limit the amount of data you can access or transfer, or otherwise limit or terminate services.
INVESTIGATION AND ENFORCEMENT OF THIS POLICY
Any failure to insist upon or enforce performance of any provision in this Policy will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any provision in this Policy. H2O may assign its rights and duties under these terms to any party at any time without notice to you. If any provision of this Policy is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and conditions so that it does not affect the validity and enforceability of any remaining provisions.
Effective May 2014
All devices or SIM cards purchased through www.h2owirelessnow.com may be returned or exchanged within 14 days after the delivery of your purchase. h2o Wireless will not accept returns/exchanges for items not purchased directly from h2o Wireless including purchases from authorized h2o Wireless dealers or retailers. Please read the terms below thoroughly.
(1) Return Requirements
Items must be returned in like-new condition (i.e. no cracks, scratches, liquid damage, or other damage). Returns and exchanges must include original packaging with all original kit components such as the following:
• SIM Card
• Hard Card(non-redeemed)
• All accessories including but not limited to charger, battery, and battery cover For restrictions, please see Section (4).
(2) How to Return or Exchange Your Device
Complete a Return & Exchange Form and ship the item you wish to return or exchange back to h2o Wireless. Mail all original package contents and the completed Return & Exchange Form to the following address:
h2o Wireless Returns
11 Chapin Road Unit D
Pine Brook, NJ 07058
(4) Restrictions & Fees
Effective February 2012
H2O Wireless strives to provide hearing aid users with the most compatible wireless device possible. To ensure the deaf and hard of hearing can use digital wireless devices, the Federal Communications Commission (FCC) updated the Hearing Aid Compatibility Act of 1988 ("HAC Act”), passing regulations to increase the number of hearing aid-compatible wireless devices.
Compatible Phones and Devices
The following listed handsets have been tested to perform better with hearing aids and are also compatible with H2O Wireless services. The handsets in red are available for purchase through h2owirelessnow.com as of January 2012.
* This phone has been tested and rated for use with hearing aids for some of the wireless technologies that it uses. However, there may be some newer wireless technologies used in this phone that have not been tested yet for use with hearing aids. It is important for the customer to try the different features of this phone thoroughly and in different locations, using their hearing aid or cochlear implant, to determine if they hear any interfering noise. The customer may request additional information from H2O Customer Care or the manufacturer of this phone concerning hearing aid compatibility.
** The levels are "Good" which depicts devices with basic technology on entry level data speeds, “Better” which depicts devices with advanced technology and/or with advanced functionality, and “Best” which depicts devices with new technology and/or with new functionality that operate on faster data speeds. Note: The list of hearing aid compatible phones change from time to time. For the most updated list, please contact the National Center for Customers with Disabilities at:
M-Ratings and Hearing Aid Immunity
Phones with an M-Rating of M3 or M4 meet FCC requirements and are less likely to generate interference to hearing devices than phones that are not labeled. M4 is the better/higher of the two ratings. Hearing devices may also be measured for immunity to this type of interference. Your hearing device manufacturer or hearing health professional can help you find results for your hearing device. The more immune your hearing aid is, the less likely you are to experience interference noise from mobile phones.
T-Ratings and Compatibility with Hearing Aids with Telecoils
A telecoil is a small device that is built into some hearing aids for use with the telephone as well as assistive listening devices. Not all hearing aids have telecoils. Phones with a T-Rating of T3 or T4 meet FCC requirements and are more likely to work well for people who use hearing aids with telecoils with telephones. T4 is the better/higher of the two ratings.
h2o® Wireless Rewards Program Terms and Conditions
Participation in the h2o® Wireless Rewards Program (“Program”) and the rewards of the Program are offered at the sole discretion of h2o® Wireless (“h2o”). Only h2o customers with a valid email address may become members (“Members”) of the Program by enrolling in the Program through h2owirelessnow.com. Membership is limited to one per person. Membership is nontransferable and subject to the present and future h2o® Wireless Rewards Program Terms and Conditions (“Program Terms and Conditions”). h2o reserves the right to modify, terminate or suspend the Program at any time without notice and without further obligations to Members. This Program is void to the extent where prohibited by law. State fees and taxes may apply where required by law. A Member can review his or her rewards balance online at h2owirelessnow.com. By enrolling in the Program, you consent to the release of your personal information, including but not limited to name and email address, to third parties to administer the Program. You agree to receive communications, including but not limited to via email, by h2o® Wireless and third parties administering the Program, regarding your Membership and Program activity.
Earning Rewards Points
Once enrolled in the Program, a Member earns 2 rewards points (i.e. 2% of the purchase price) (“points” or “rewards points”) for every dollar spent on “Eligible Rewards Items” (as defined below) on h2owirelessnow.com. Only purchases made on h2owirelessnow.com, subject to the rules herein, qualify for rewards points.
Eligible Rewards Items include:
Eligible Rewards Items do NOT include shipping or taxes.
Other ways to earn rewards points include:
Points cannot be earned on purchases made prior to the time of enrollment in the Program. If a purchase is canceled/returned, any points awarded from that purchase will be revoked. Notification of earned rewards points will be delivered via email to the email address associated with the Program account. Points cannot be earned on recharges of any line in a Friends and Family Plan, including the primary line.
Redeeming Rewards Points
Points can only be redeemed as discounts off the purchase price of an eligible purchase through h2owirelessnow.com. 100 points = $1 in available discount off the purchase price of an eligible purchase. Each redemption requires a minimum of 100 points. Points are non-transferrable and cannot be combined among Members. Points cannot be redeemed for cash or purchases made prior to the time points are earned. You can choose to redeem your available points at the time of checkout.
Points can be redeemed for:
Points cannot be redeemed for shipping or taxes.
If points are redeemed on a purchase that’s later cancelled or returned, the redeemed points will not be replaced in your account. Once points are redeemed, they are forfeited even if you later cancel/return the purchase. Points cannot be redeemed on recharges of any line in a Friends and Family Plan, including the primary line.
Expiration of Rewards Points
Points earned from the purchase of an Eligible Rewards Item (i.e. devices, SIM cards, and recharges (excluding auto-recharges or h2o Family and Friends Plan recharges)) expire one year after the date earned.
Points earned from (i) new activations (excluding h2o Family and Friends Plan activations); and (ii) referring a friend pursuant to the Refer a Friends Program, expire 90 days after the date earned.
h2o reserves the right to modify the Rewards Program rules in its sole discretion, including but not limited to the number of points awarded, the types of purchases/activities eligible for points, the redemption rate, rewards points expiration dates, and conditions of participation in the Program, at any time without prior notice even though the changes may affect the value of the points already accumulated. h2o reserves the right to terminate or suspend the Rewards Program at any time without prior notice and without further obligations to Members. h2o may change the Program Terms and Conditions at any time without notice by posting the updated Program Terms and Conditions on h2owirelessnow.com. Abuse of the Program, as determined by h2o in its sole judgment, including but not limited to failure to follow Program rules, the sale or barter of points, using multiple accounts in an effort to abuse the h2o Rewards Program, and false referrals for the Refer a Friend Program, may result in a Member being disqualified from the Program, forfeiture of accumulated rewards points, and/or a permanent ban on Reward Program participation. These Program Terms and Conditions are separate and independent from the general terms and conditions for h2o® Wireless service found at h2owirelessnow.com. These Program Terms and Conditions are governed by the laws of the state of New Jersey, without regard to conflict of laws principles. Any disputes arising from or related to this Program shall be resolved in accordance with Section 23 (Mandatory Arbitration of Disputes) of the h2o® Wireless Terms and Conditions located at h2owirelessnow.com.
h2o® Wireless and its affiliates make no warranty, express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose with respect to the Program, Membership, or any points, products or services related to the Program, to the fullest extent permitted by law. By participating in the Program, you agree to hold harmless h2o® Wireless, its affiliates, merchant partners, promotion agencies and their respective directors, officers, employees, representatives and agents from and against any and all claims, costs, suits, liabilities, damages, losses, demands and expenses of every kind, including but not limited to attorneys’ fees, relating to your participation in the Program. In no event shall h2o® Wireless be liable for any damages, including incidental, special, consequential, or punitive damages, arising out of or in connection with your participation in the Program.
h2o® Wireless Refer a Friend Program Terms and Conditions
Participation in the h2o® Wireless Refer a Friend Program (“RAF Program”) and the rewards of the RAF Program are offered at the sole discretion of h2o® Wireless (“h2o”). Participation in the RAF Program is subject to the present and future h2o® Wireless Refer a Friend Program Terms and Conditions (“RAF Program Terms and Conditions”). h2o reserves the right to modify, terminate or suspend the RAF Program at any time without notice and without further obligation to participants. This RAF Program is a limited time offer and is void to the extent where prohibited by law. State fees and taxes may apply where required by law.
Eligibility and Enrolling in the Program
“Referrers” are defined as persons who initiate a referral through h2owirelessnow.com. “Referees” are defined as non-customers who purchase an h2o monthly plan and complete the activation process pursuant to a referral.
To earn rewards points on referrals, the Referrer must enroll in the RAF Program through h2owirelessnow.com and agree to the RAF Program Terms and Conditions. You may only participate in the RAF Program with one account. You cannot refer yourself. By enrolling in the RAF Program, you consent to the release of your personal information, including but not limited to name and email address, to third parties to administer the Program. You agree to receive communications, including but not limited to via email, by h2o® Wireless and third parties administering the RAF Program, regarding your RAF Program activity.
Referees cannot be current h2o customers; referees must be new h2o customers.
RAF Program Participation – How it Works
Referrers and Referees earn rewards points through the RAF Program. Rewards points cannot be redeemed for cash or credit. In order for the Referrer to receive rewards points (discussed herein), the Referee must do the following within 90 days from when the coupon code from the referral link is generated (i.e. after the Referee clicks on the link in the offer): (i) purchase an h2o monthly plan (pay as you go plans do not qualify) using the coupon code provided with the referral; and (ii) activate the h2o monthly plan. Referrers may only send referrals through means authorized by h2o (i.e. via email, specified social media sites). Self-referrals, renewing your plan, and adding a line to an existing account do not qualify for the rewards points. Rewards points will not be awarded for: (i) rejected referrals; (ii) referrals not received for any reason; (iii) a referee’s activation of a qualifying plan without using the coupon code generated by the referral link; or (iv) referrals or activations that are found ineligible by h2o in its sole discretion. For Referrers, a max of 2500 h2o Rewards points are given per successful referral. For Referees, a max of 1000 h2o Rewards points are given per successful referral. A completed Refer a Friend transaction is equivalent to (1) one successful referral. Each Refer a Friend coupon code can only be applied to one qualifying h2o Monthly Unlimited Plan and SIM purchase.
Participation in the RAF Program may require you to disclose personal information about you and the persons you refer, such as name and email address. You agree to allow us to communicate with the persons you refer about your participation in the RAF Program (i.e. disclosing that an invitation was sent by you). Referrals should only be used for personal and non-commercial purposes. You may not send referrals using spam, display advertising, unsolicited commercial email, sponsored links, links on message boards or forums, or any other form of illegal means of communication.
h2o reserves the right to void any referral and/or rewards points, and terminate your account and/or eligibility to earn rewards points, if h2o, in its sole discretion, suspects or determines that you have violated any of the RAF Program Terms and Conditions or engaged in any fraudulent activity.
RAF Program Rewards Points
Rewards Points are subject to the h2o Rewards Program Terms and Conditions. For qualifying uses of rewards points, limitations of use, and complete details, see the h2o Rewards Program Terms and Conditions at h2owirelessnow.com. Rewards points are non-transferrable and cannot be redeemed for cash or applied to previous purchases.
Referrers earn 2500 points ($25 in points) for each person referred by the Referee who purchases an h2o Monthly Unlimited Plan using the coupon code within 90 days after the coupon code is generated from the link in the offer. Rewards points are allocated to the Referrer upon the Referee’s qualifying purchase and activation of a monthly h2o plan. Rewards points earned by the Referrer from the h2o Refer a Friend Program expire 90 days after earned. Referrers can earn a maximum of 25,000 rewards points ($250 in points) through the RAF Program each calendar month (i.e. 10 successful referrals each month), for a maximum of 300,000 points per calendar year.
Referees earn 1000 rewards points ($10 in points) upon the purchase and activation of an h2o monthly plan using the coupon code generated from the referral. Rewards points earned by the Referee from the h2o Refer a Friend Program expire 90 days after earned.
h2o reserves the right to modify the RAF Program Terms and Conditions in its sole discretion, including but not limited to the number of points awarded, the types of purchases/activities eligible for points, the redemption rate, rewards points expiration dates, elimination of the free SIM and free shipping for Referees, and conditions of participation in the RAF Program, at any time without prior notice even though the changes may affect the value of the points already accumulated. h2o reserves the right to terminate or suspend the RAF Program at any time without prior notice and without further obligations to participants. h2o may change the RAF Program Terms and Conditions at any time without notice by posting the updated RAF Program Terms and Conditions on h2owirelessnow.com. Abuse of the RAF Program, as determined by h2o in its sole judgment, including but not limited to failure to follow RAF Program rules, the sale or barter of points, using multiple accounts in an effort to abuse the RAF Program, and false referrals for the RAF Program, may result in a participant being disqualified from the RAF Program, forfeiture of accumulated rewards points, and/or a permanent ban on RAF Program participation. These RAF Program Terms and Conditions are separate and independent from the general terms and conditions for h2o® Wireless service found at h2owirelessnow.com. These RAF Program Terms and Conditions are governed by the laws of the state of New Jersey, without regard to conflict of laws principles. Any disputes arising from or related to this RAF Program shall be resolved in accordance with Section 23 (Mandatory Arbitration of Disputes) of the h2o® Wireless Terms and Conditions located at h2owirelessnow.com.
h2o® Wireless and its affiliates make no warranty, express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose with respect to the RAF Program, participation, or any points, products or services related to the RAF Program, to the fullest extent permitted by law. You agree that this RAF Program and associated rewards points are provided “as is”. By participating in the RAF Program, you agree to hold harmless h2o® Wireless, its affiliates, merchant partners, promotion agencies and their respective directors, officers, employees, representatives and agents from and against any and all claims, costs, suits, liabilities, damages, losses, demands and expenses of every kind, including but not limited to attorneys’ fees, relating to your participation in the RAF Program. In no event shall h2o® Wireless be liable for any damages, including incidental, special, consequential, or punitive damages, arising out of or in connection with your participation in the RAF Program.