C Spire Wireless Customer Service Agreement
Last Updated: February 16, 2022
Please carefully read this Service Agreement because it contains important information regarding your rights and obligations, as well as C Spire’s. If you do not agree to the terms and conditions of this Service Agreement, do not activate or begin using C Spire’s wireless service.
NOTICE OF ARBITRATION AGREEMENT
THIS SERVICE AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. IT REQUIRES YOU TO RESOLVE DISPUTES THROUGH ARBITRATION ON AN INDIVIDUAL BASIS RATHER THAN BY WAY OF A JURY TRIAL OR A CLASS ACTION.
- Definitions of Certain Terms:
If a term is not defined in this Service Agreement, you agree that it shall be construed in accordance with customary usage in the telecommunications industry. In addition, you recognize and acknowledge the following definitions apply to this Service Agreement:
- “C Spire,” “us,” “we,” and “our” mean C Spire Wireless and its parents, subsidiaries, affiliates, agents, employees, successors and assigns;
- “You” and “your” mean the individual or entity who is bound to the terms and conditions of this Service Agreement, as well as all authorized or unauthorized users or beneficiaries of the Service or Device;
- "Service" shall mean any and all types of wireless service plan(s) you purchased from us or that were furnished by C Spire including, but not limited to, voice, data, video, broadband services and transmission services, whether provided via wireless, VoIP, time division multiplexing, broadband connection, or other transmission medium;
- “Account” means the C Spire account that you opened to purchase wireless services from C Spire and, in opening your C Spire account, you agreed to pay the monthly service charge for your wireless service which is comprised of various fees, taxes, and governmental or regulatory surcharges, such as federal or state universal service fund surcharges;
- “SOLO” and “SOLO by C Spire” mean the talk, text and data Service available to Mississippi residents on C Spire’s network for a flat monthly subscription fee for each Device which is subject to the terms and conditions of this Service Agreement, specifically including (but not limited to) the terms and conditions contained in the paragraph titled, Additional Terms and Conditions for SOLO;
- “Prepaid Service” means prepaying C Spire on a thirty (30) day basis the charges for talk, text and data Service subject to the terms and conditions of this Service Agreement, specifically including (but not limited to) the terms and conditions contained in the paragraph titled, Additional Terms and Conditions for Prepaid Service;
- “Device" shall mean the wireless telephone, smartphone, personal digital assistant, laptop computer, tablet, and/or other device or equipment, including, but not limited to, accessories, that you have purchased or which have been furnished to you through lease by C Spire, a third party, or otherwise; and
- “Software” means a Device’s software interfaces, documentation, data, content and applications, as each may be updated or replaced by feature enhancements or other updates.
- How You Accept This Service Agreement:
You accept and agree to be bound by this Service Agreement by doing any of the following: (a) by agreeing in writing, by email, online, or in person; (b) by activating, using or paying for Service or the Device, or (c) by opening the Device’s packaging. When you accept this Service Agreement, you are representing that you are at least the age of majority in the state where you reside and legally able to enter into a binding contract. If you are accepting for an entity, you are representing that you are authorized to bind that entity. You agree that you are responsible for access to or use of the Service and Device, and payment of all charges incurred on your Account by any user of the Service. By accepting, you agree to each and every term and condition contained in this Service Agreement. This Service Agreement will end when you or we terminate it as described herein below.
- Your C Spire Account:
If you’ve not already done so, please visit www.cspire.com to set up your Account in order to purchase or use C Spire’s Service or a Device. You may be required to provide specific information and to create a user ID and password to establish an Account. You are responsible for the security of all of your usernames, passwords, and registration information. In addition, you are solely responsible for any authorized or unauthorized use of your Account. Because you are responsible for any activity that occurs on your Account, we recommend that you regularly monitor the status of your Account. Any information that you provide to us in connection with your Account, including (but not limited to) contact and billing information, must be accurate and remain up-to-date. As we do not guarantee the security of your Account, please ensure that the login details for your Account are securely stored or saved. C Spire may in its discretion suspend or terminate any of your usernames and passwords at any time with or without notice.
- Service Provided by C Spire and Functionality Limitations:
The Service provided under this Service Agreement is solely for your personal, residential use, and you shall not use the Service for any commercial purpose. Your use of the Service and Device may not cause harm to C Spire’s network, may not be used to commit fraud, and must comply with the terms and conditions of the Permissible and Prohibited Uses of Your Service paragraph below.
C Spire does not guarantee network availability or performance. Service may be changed, slowed, suspended, terminated, and/or restricted based upon usage, location, roaming, interference with our network or ability to provide quality service to other users, or for any reason in C Spire's sole discretion. Data usage and Service quality varies by device, apps, available network speeds, roaming, file sizes and/or as a result of settings. Actual download and upload speeds can depend on Device characteristics, network, network availability and coverage levels, tasks, file characteristics, applications and other factors. Performance may also be impacted by transmission limitations, terrain, in-building/in-vehicle use and capacity constraints.
The Service purchased under your Account and this Service Agreement may be provided by C Spire or any of its affiliates. If you are purchasing multiple categories of Service under this Service Agreement or another agreement, i.e. wireless Service and VoIP Service, then your “Customer Proprietary Network Information” (as defined in 47 U.S.C. § 222(h)(1)) will be shared between C Spire and its affiliates as necessary to provide all categories of Service ordered by you as permitted by 47 C.F.R. § 64.2005(a)(1).
- Permissible and Prohibited Uses of Your Service:
The Service is intended and offered only for use in a manner consistent with the nature of the Service to which you have subscribed. Except to the extent that you have subscribed to commercial Service, you agree to use the Service primarily for your own personal, household, or family purposes for the following permitted activities: (a) web browsing; (b) email; (c) voice calls; (d) messaging; (e) streaming music; (f) uploading and downloading applications and content to and from the Internet and third-party stores; and (g) using applications and content without excessively contributing to network congestion.
You agree not to use the Service for any of the following: (a) resale; (b) as a substitute for private lines of dedicated data connections; (c) in conjunction with applications or devices which aggregate usage from multiple sources prior to transmission to our network such as Wi-Fi hotspots, tethers, Bluetooth®, or any other optic, wired, or wireless technology connecting computers or other equipment, unless all such sources are located within your household or belong to you or other persons covered by your Service; or (d) to generate revenue from conference calling or forwarding of traffic (i.e. "traffic pumping"). If you have subscribed to commercial or custom Service, the foregoing uses are permitted only to the extent they are explicitly allowed under the terms of such Service.
You agree not to use the Service in any manner or for any purpose that is, or we reasonably determine may be, harmful to C Spire, its network, or other users including, but not limited to: (a) any activity that adversely affects the ability of other people or systems to access or use either our wireless Services or other parties' Internet-based resources; (b) attempted hacking of our network or any other user's Device; (c) intentionally uploading or sending viruses, worms, malware, corrupt files, Trojan horses, time bombs, or any other similar data, applications, or software which may harm another user, another user's Device, or C Spire's network; (d) denial of service attacks; or (e) the connection or use of any Devices which have the potential to harm or degrade C Spire’s network or Service, except as may be specifically allowed by federal law. You also agree not to intentionally transmit unwanted, malicious, or harmful traffic such as: spam, phishing, stalking, harassing, or threatening transmissions, or any other use that generates complaints by other network or Internet users or may expose C Spire to liability to third parties.
The Service may be used only for lawful purposes. You will not use or allow others to use the Service in any manner that is in violation of any applicable federal, state, local or international laws or regulations or to promote, engage in, or enable illegal activity or conduct that violates or infringes upon the rights of any person. Transmission or distribution of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret, or other intellectual property right used without proper authorization, and material that is obscene, illegal, defamatory, constitutes an illegal threat, or violates export control laws. C Spire may block calls or data transmissions that are made to, or received from, certain countries, cities or telephone exchanges, or that use certain authorization codes if, in its sole discretion, C Spire deems it reasonably necessary to prevent non-standard, excessive, unlawful or fraudulent use of the Service. Furthermore, use of the Service to impersonate a person or entity or to engage in fraudulent activities is not permitted.
C SPIRE RESERVES THE RIGHT AT ITS SOLE DISCRETION TO IMMEDIATELY SUSPEND, TERMINATE, OR RESTRICT USE OF SERVICE WITHOUT NOTICE IF SUCH USE VIOLATES THE RESTRICTIONS IN THIS PARAGRAPH.
- Your Agreement with C Spire’s Network Management:
C Spire's Service is provided to you over a network with finite capacity that is shared with C Spire's other users. As a consequence, we may engage in network management to ensure that all users have reasonable and equitable access to our network. For example, the Service is not intended to provide full-time connections and the connection may be discontinued after a significant period of inactivity. Your Service may be changed, slowed, suspended, terminated and/or restricted based on usage, location, roaming, and/or interference with C Spire’s network or the ability to provide Service to other users, as determined by C Spire in its sole discretion. Further, C Spire reserves the right to limit throughput speed or amount of data transferred at times of network congestion.
- Features and Limitations of Your Device:
Your Device must comply with Federal Communications Commission regulations, be certified for use on and be compatible with the network on which C Spire provides the Service.
Devices purchased from C Spire may include pre-installed applications or Software that manages wireless connections. C Spire may change a Device's Software, applications, or programming remotely, with or without notice to you. This could affect how you have programmed your Device or your use of the Device. By activating Service that uses a SIM card (whether physical or electronic), you agree C Spire owns the intellectual property and software in the SIM card, that C Spire may change the Software or other data in the SIM card without notice, and that C Spire may utilize any capacity in the SIM card for administrative, network, business, and/or commercial purposes.
If you purchased a Device from C Spire, it may have been programmed with a Device or SIM lock which will prevent it from operating with other wireless network operators' services. You acknowledge and agree that your Device may include one or more features which prevent your use of the Device as a customer of other wireless carriers and that C Spire has no obligation to deactivate this feature or make any change to the Device to allow you to use it as a customer of another wireless carrier in the event that you deactivate C Spire’s Service. C Spire’s Device Locking Policy is available at https://www.cspire.com/web/legal/terms-of-use#DLP. The Device uses radio transmissions to access the Service. If your Device is not in range of a transmission signal, the Service may not work. Accordingly, actual speeds of the Service will vary. The Service that relies on location information, such as Enhanced 911 ("E-911"), which can provide the 911 operator with a person's location, and Global Positioning Satellite ("GPS") navigation, depends on a Device's ability to acquire satellite signals (typically not available indoors) and network coverage. You may be unable to use your Device in any manner, including to call 911, while the Device is receiving a Software update until the Software update is complete. Your Device may automatically connect to other Wi-Fi hotspots, including the Wi-Fi network in your home that is connected to your home Internet service or available third-party Wi-Fi hotspots. When your Device is connected to the Wi-Fi network in your home that is connected to your home Internet service, the Device is not utilizing C Spire’s Service and is subject to the terms and conditions of your home Internet service. Connection of a Device to other third-party Wi-Fi hotspots is subject to the terms and conditions associated with the operator of the hotspots. Disabling the automatic Wi-Fi connection feature may limit the performance and enhanced coverage C Spire provides and may increase your monthly Service data usage. Some Device settings may allow and/or default to Voice over Wi-Fi (“VoWiFi”) calling. Devices with VoWi-Fi calling allow you to enter an address that may be used for the purpose of routing emergency services if an emergency call is made from the Device over Wi-Fi. You are responsible for keeping this information up to date on your Device.
C Spire is not responsible for any defects, acts, omissions, or other problems with a Device. Device performance may vary based on Device specifications (for example, a Device's Software, memory, and storage) and Device performance may impact access to C Spire’s Service.
You are responsible for the security of any Device connected to the Service, including any data stored on the Device, and maintaining virus and other Internet security protections when accessing third-party products or services. At your own risk, you are free to download and use content and applications on the Device that are not provided by C Spire.
- Your Use of C Spire’s Data Service:
Your Service and Device may allow you, among other things, to access the Internet, email, text, take pictures and video, use C Spire’s Wi-Fi, download, view, send or play games, video, music, graphics, sound, applications and other materials. Video resolution may be reduced to standard definition depending on the amount of your usage or Service. Subject to network management practices of C Spire, C Spire does not control the content that you access or create on a Device. Content may be: (1) unsuitable for children/minors; (2) unreliable or inaccurate; or (3) offensive, indecent, or objectionable. You are solely responsible for evaluating the content accessed or created by you or anyone else through the Device and/or the Service.
Content from third parties may also harm a Device or its Software. C Spire is not responsible for any content, or any damage caused by any content, that you access or create through the Service, that you load on a Device, or that you request that C Spire’s representatives access and load on a Device.
- Coverage Map:
You will find a coverage map on our website. The map is for general information purposes only and depicts the general coverage areas of C Spire. C Spire does not guarantee coverage or Service availability and the coverage map is not a guarantee of coverage. Coverage is not available everywhere. The coverage map displays only the predicted and approximate optimal coverage, while outdoors, including the coverage areas of the network’s roaming partners, if applicable. The coverage areas shown do not guarantee service availability and may include locations with limited or no coverage. Within coverage areas, there may be significant limitations or interruptions in coverage that may impact Service and result in dropped and blocked connections, slower data speeds or no data connectivity and call interference. Some features on your Device may not operate when roaming on the network of a network roaming partner. If you travel outside of your coverage area, your phone will not work. The coverage depicted on the C Spire coverage map is based on information provided by other carriers and public sources and we cannot guarantee their accuracy. Your coverage will also vary based upon the Service that you select.
- Roaming Charges:
Domestic roaming charges for your Service may be charged when outside C Spire’s wireless network. Service originated or received while outside of your plan’s coverage area is subject to roaming charges. Use of Service is dependent upon a roaming carrier’s support of applicable network technology and functionality. C Spire does not guarantee your ability to roam. Roaming may be discontinued or changed at any time without notice. If your domestic roaming usage of Service on other carriers’ networks exceeds 50% of your total usage of Service on C Spire’s network during a monthly wireless plan cycle, C Spire reserves the right to terminate your Service, deny your continued use of other carriers’ networks, change your Service to one imposing usage charges for roaming, or change your Service as necessary, based on the sole discretion of C Spire. International roaming charges are governed by the terms and conditions of an international roaming plan you may purchase from C Spire.
- Your Non-Transferable Software License:
C Spire reserves the right through remote or other means to periodically update, monitor, upgrade, change or discontinue the Software used to support a Device or Service and to make related changes to the settings and Software on the Device. You agree to permit such changes and access to your Device(s). You may use the Software only in connection with the Service and for no other purpose.
Certain Software may be accompanied by an end-user license agreement (“EULA”) from us or a third party. Your use of the Software is governed by the terms of that EULA and this Service Agreement, where applicable. You may not install or use any Software that is accompanied by or includes a EULA unless you first agree to the terms of the EULA, including any updates to the EULA. To the extent that any terms of a given EULA directly conflict with the terms of this Service Agreement, the terms of the EULA will apply.
For Software provided in relation to the Service but not accompanied by a EULA, C Spire grants you a non-exclusive and non-transferable license or sublicense to use the Software, in accordance with the applicable Software licensing terms. No rights are granted to source code. A Device's Software is licensed to you by C Spire for your personal, lawful, noncommercial use on your Device only.
Except as permitted by applicable law, you may not assign, transfer, sublicense, copy, reproduce, redistribute, resell, modify, decompile, attempt to derive the source code of, or reverse engineer all or any part of the Software, or alter, disable or circumvent any digital rights management security features embedded in the Software. The Software may not be transferred from one Device to another Device. You may not create derivative works of all or any part of the Software. You agree that the Software contains proprietary content and information owned by C Spire, its licensors, and/or other third parties. C Spire, its licensors, and such other third parties reserve the right to change, suspend, terminate, remove, impose limits on the use or access to, or disable access to, the Software at any time without notice and will have no liability for doing so.
Third-party operating system Software and pre-installed Software not provided by C Spire are subject to the licensing agreements of such parties.
- Your Agreement to Pay C Spire’s Monthly Service Charge:
You agree to pay the monthly service charge for the Service which is comprised of various fees, taxes, and governmental or regulatory surcharges, such as administrative fees and universal service fund surcharges. C Spire reserves the right to increase or decrease any fee for the Service offered. Taxes and fees are subject to change. Your Service shall be terminated in the event you do not timely pay the amounts due and owning on the Account. Depending on your Service, charges for additional services may include operator and directory assistance, voicemail, call forwarding, data calls, texts, and Internet access.
Upon activation of your Service, billing for the Service will begin automatically. Your first bill will reflect a prorated charge for the current month plus the monthly charge for the following calendar month. The prorated charge for the month in which Service was activated is calculated as follows: the monthly charge for your Service multiplied by a fraction the numerator of which is the number of calendar days from the date of Service activation until the end of the calendar month, and the denominator of which is the number of days in the particular month Service was activated. Thereafter, you are billed each month for the next month's Service in advance. The prepaid monthly Service is not refundable.
Unless terminated by C Spire for your default or for another reason specified in this Service Agreement, we will continue to provide you Service through the end of the calendar month for which you have paid for Service.
- If You Make Payment to C Spire by Check:
If you tender a check or like instrument in payment of any obligation under this Service Agreement or your Account, which is returned due to insufficient funds in your bank account for payment upon presentation, and C Spire is charged a fee or service charge as a result of such return, you agree that C Spire is authorized to add the amount of the fee or service charge (up to the maximum amount allowed by law) to the amount due under your Account. In event of a returned check or like instrument, you also agree to pay a $30.00 returned check charge. You further agree that C Spire is not responsible for any unauthorized payments on your Account, whether by check or otherwise.
- If You Are Enrolled in C Spire’s AutoPay:
If you are enrolled in C Spire’s AutoPay, the amount due on your C Spire billing statement will be paid automatically each month with AutoPay. By enrolling in AutoPay, you authorize C Spire to automatically charge your credit or debit card or withdraw funds from your bank account each month on the “Total Amount Due By” date printed on your billing statement for the total amount due and owing on your Account. You agree that each time AutoPay is used, you have made a separate and complete authorization as required by the rules of the National Automated Clearing House Association (“NACHA”) and, as applicable, the Electronic Fund Transfer Act, 15 U.S.C. 1693 et. seq., and Regulation E promulgated thereunder, 12 C.F.R 205 et. seq., and applicable credit card rules.
Your enrollment in AutoPay will remain in full force and effect until C Spire receives written notification from you advising of the termination of your enrollment in such time and in such manner as to afford C Spire a reasonable opportunity to act on it.
- Dispute Resolution and Arbitration Agreement:
*CLASS ACTION WAIVER. WE 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. If a court or arbitrator determines in an action between you and us that this Class Action Waiver is unenforceable, the arbitration agreement will be void as to you.
*JURY TRIAL WAIVER. IF A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND C SPIRE EACH WAIVE ANY RIGHT TO A JURY TRIAL, UNLESS OTHERWISE PROHIBITED BY APPLICABLE LAW.
- When You Are in Default:
You will be in default of this Service Agreement or your Account if any one or more of the following occurs: (a) you fail to timely pay the amounts due and owing on your Account; (b) you die, are declared incompetent, or become insolvent (either because your liabilities exceed your assets or because you are unable to pay your debts as they become due); (c) you fail to keep any promise contained in this Service Agreement, your credit application, or any other agreement with C Spire; (d) you make any statement or provide any information to C Spire that is untrue or inaccurate at the time it was made or provided; (e) you fail to provide any additional deposit C Spire may require; (f) any legal entity (such as a partnership or corporation) that has agreed to pay for the Service merges, dissolves, reorganizes, terminates its business or existence, or a partner or majority stockholder dies or is declared incompetent; (g) any fact appears or event occurs that causes C Spire to consider itself unsecured; or (h) the prospect of your performance of the obligations under this Service Agreement is impaired, as determined in C Spire’s sole discretion.
- C Spire’s Remedies for Your Default:
If you default under this Service Agreement or your Account, you agree that C Spire has the following remedies: (a) C Spire may, without prior demand or notice, set-off any outstanding balances against any deposit or monies held by C Spire for your Account, or any right you have to receive money from C Spire, and you agree to indemnify and hold C Spire harmless from and against any and all claims arising out of or related to C Spire's exercise of its right to set-off; (b) C Spire may require an additional deposit or require that other parties be obligated to pay for the Service rendered under your Account or this Service Agreement (or both) as a condition of waiving, for any period of time, any other remedy C Spire may have; (c) C Spire may suspend your Service until such time as you cure your default as defined above; (d) C Spire may disable the Device(s); (e) C Spire may require you to immediately pay the entire unpaid balance of the indebtedness on your Account and all other sums for which you are liable under this Service Agreement; (f) C Spire may require you to pay costs of collection, including (but not limited to) reasonable attorneys’ fees; (g) C Spire may take possession of the Device and sell, lease, license or otherwise dispose of the Device to satisfy some or all of indebtedness under your Account and this Service Agreement; (h) C Spire may use any remedy given to C Spire under this Service Agreement; and (i) C Spire may use any remedy available to it under applicable law. C Spire does not waive its right to later use any other remedy that C Spire may have under state or federal law by choosing any one or more of these remedies.
C Spire does not waive a default if it chooses not to use any remedy and, by electing not to use any remedy, C Spire does not waive its right to later consider the event a default and to immediately use any remedies if a default continues or occurs again. In the event C Spire attempts to collect an account in default, then C Spire may recover reasonable attorneys' fees incurred and/or collection agencies' fees and all costs of collection.
- Authorized Use of Your Credit Information:
We may evaluate your credit history before providing or modifying the Service and we may review your Account to ensure that you continue to meet the terms of this Service Agreement. In order to establish and maintain an account with C Spire and/or obtain or modify the Service, you hereby authorize and consent to C Spire procuring your consumer report from a consumer reporting agency. In authorizing and consenting to C Spire procuring your consumer report, you acknowledge and agree that C Spire has legitimate, permissible purposes under the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., for procuring and using your consumer report including (but not limited to): (1) a business transaction that is initiated by a consumer, and (2) to review an account to determine whether a consumer continues to meet the terms of the account. You agree that C Spire shall not be liable for any claim arising from the use of credit information provided to C Spire by others or for providing such information to others.
- Limitation of C Spire’s Liability
THE LIABILITY OF C SPIRE FOR DAMAGES OR LOSSES ARISING OUT OF THE FURNISHING OF THE SERVICE HEREUNDER, INCLUDING BUT NOT LIMITED TO MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS OR OTHER DEFAULTS, REPRESENTATIONS OR USE OF OR OTHERWISE ARISING IN CONNECTION WITH THE INSTALLATION OR MAINTENANCE OF THE SERVICE, OR ARISING OUT OF THE FAILURE TO FURNISH THE SERVICE, INCLUDING E-911/911 SERVICE, WHETHER CAUSED BY ACTS OF COMMISSION OR OMISSION, AND/OR LOSS OF ELECTRICAL POWER, SHALL BE LIMITED TO AN ALLOWANCE PRORATED FOR THE TIME PERIOD OF THE SERVICE INTERRUPTION. C SPIRE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE LOSSES OR DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF EARNINGS, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF DATA, PROPERTY DAMAGE, PERSONAL INJURIES OR LEGAL FEES AND EXPENSES THAT YOU, OR YOUR USERS, MAY SUFFER OR INCUR. FINALLY, C SPIRE SHALL NOT BE LIABLE FOR ANY LOSS OR INTERRUPTIONS IN SERVICE OR FOR ANY DAMAGES OR LOSSES DUE TO THE FAULT OR NEGLIGENCE OF YOU, YOUR USERS, AND ANY OTHER PARTY OR PERSON(S), OR DUE TO THE FAILURE OR MALFUNCTION OF ANY EQUIPMENT YOU PROVIDED, OR DUE TO YOUR FAILURE TO FULFILL ANY OBLIGATION UNDER THIS SERVICE AGREEMENT.
THIS LIMITATION OF LIABILITY WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY. YOU AGREE THAT C SPIRE IS NOT RESPONSIBLE FOR DAMAGES OR LOSSES CAUSED BY ANY ACT OF GOD. YOU ALSO AGREE THAT C SPIRE IS NOT LIABLE OR RESPONSIBLE FOR MISSED OR DELETED VOICE MAILS OR OTHER MESSAGES OR FOR ANY INFORMATION LOST OR DELETED.
- Disclaimer of Warranties and Limitation of Your Remedies:
YOU AGREE THAT C SPIRE PROVIDED THE DEVICE “AS IS” AND “WITH ALL FAULTS.” NO ADVICE OR INFORMATION GIVEN BY C SPIRE, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES, INCLUDING THEIR EMPLOYEES AND AGENTS, SHALL CREATE ANY WARRANTY.
You acknowledge and agree that C Spire is not the manufacturer of the Device and C Spire, except as limited by law, hereby disclaims all representations and warranties, direct or indirect, express or implied, written or oral, in connection with the Device (whether purchased or leased by you from C Spire or a third party) and Service, including, but not limited to, any and all express and implied warranties of suitability, durability, merchantability, and fitness for a particular purpose. C Spire, to the extent permitted by law, assigns to you any and all manufacturers' warranties relating to the Device, and you acknowledge receipt of any and all such manufacturers' warranties. You acknowledge and agree that your sole and exclusive remedy in connection with any defects in the Device, including manufacture or design, shall be against the manufacturer of the Device under the manufacturers' warranties and that C Spire shall have no liability to you in any event for any losses, damages, injuries, or expenses of any kind or nature related directly or indirectly to the Device. Without limiting the above, C Spire shall have no liability or obligation to you, either in contract or tort, for special, incidental, or consequential damages of any kind incurred by you, such as, but not limited to, claims for damages for personal injury, wrongful death, loss of use, loss of anticipated profits, or other incidental or consequential damages or economic losses of any kind incurred by you directly or indirectly resulting from or related to a Device or Service, irrespective of whether C Spire has been notified of the possibility of such damages, whether or not caused by C Spire's negligence, to the full extent permitted by applicable law.
- Your Release of C Spire:
You agree to and hereby release C Spire, its parents, subsidiaries, and affiliates, and each of their officers, directors, agents, and employees ("C Spire Releasees"), to the full extent permitted by law, from and against any and all claims, damages, liabilities and expenses, including attorneys' fees and expenses, of any nature arising directly or indirectly out of this Service Agreement, the Service or your Account, including, without limitation, claims for personal injury or wrongful death to you or users of the Device or Service or used in conjunction with such Device or Service and arising out of the manufacture, purchase, operation, condition, maintenance, installation, return or use of the Device or Service, or arising by operation of law, including without limitation, claims based upon a strict liability doctrine, to the extent such claims are not based on the grossly negligent acts or omissions of C Spire, its agents or employees. This release shall apply to the extent stated above even where C Spire is found to have been substantially at fault or to have actively engaged in conduct which substantially contributed to the injury suffered by you, and C Spire's assertion of this release as a whole or partial defense to any claim by you shall not be barred by fault or active negligence on the part of C Spire, to the full extent permitted by applicable law.
- C Spire’s Intellectual Property:
You agree to respect the intellectual property rights of C Spire, its third-party content providers, and any other owner of intellectual property whose protected property may appear on any website or be accessed through C Spire’s website. C Spire’s intellectual property and related documents are protected by trademark, copyright, or other intellectual property laws, and international treaty provisions. C Spire’s and its affiliates’ websites and all corporate names, service marks, trademarks, trade names, logos, and domain names (collectively, "Marks") are and shall remain C Spire's and its affiliates' exclusive property. Nothing in this Service Agreement shall grant you the right or license to use any of C Spire’s intellectual property or its Marks. Except for a limited license to use the Service or Device, you agree that the purchase of a Device or Service does not grant you any license to copy, modify, reverse engineer, download, redistribute, or resell C Spire’s intellectual property or its Marks. In addition, you agree that a violation of this paragraph shall irreparably harm C Spire, which cannot be fully redressed by money damages, and that C Spire shall be entitled to immediate injunctive relief in addition to all other remedies available.
- Authorized Disclosure of Account Information:
You hereby consent to C Spire's disclosure of information about your Account to: (a) any person claiming to be you who is able to provide the following correct information: your name, address, social security number and the assigned number for Service, and such person may make changes to the Account; and (b) any person(s) or entity as required by any request made pursuant to a subpoena or court order appearing proper on its face.
- Consent to Contact:
C Spire, its affiliates, agents and service providers may at times contact you, including using your email address, automatic telephone dialing systems, prerecorded or artificial voice message calls, and/or text messages at the telephone number(s) you have provided us. You agree to immediately update your Account whenever personal or billing information changes (including, by way of example, your name, home address, email address, banking information, and cellular and residential telephone number). C Spire may place calls or texts on matters related to the Service, Account and/or Device including to (a) provide notices regarding your Account or this Service Agreement; (b) investigate or prevent fraud; (c) provide you with technical assistance relating to the Service or Device; (d) market our products or services; or (e) collect a debt owed to us. You agree to be contacted using autodialed or prerecorded voice calls, emails, and text messages to carry out the purposes identified above, regardless of whether you incur charges as a result.
- Location Based Services:
C Spire collects information about the approximate location of your Device in relation to certain cell towers and the Global Positioning System (“GPS”). By using various technologies to locate your Device, C Spire may provide enhanced emergency 911 Services where local government entities have installed the equipment necessary to provide such Services and optional location-sensitive Services provided by us or a third party. Environmental factors (such as structures, buildings, weather, geography, landscape, and topography) can significantly impact the ability to access your Device’s location information and use of location-sensitive Services. The terms and conditions of any location-sensitive Device may provide more information about how location information is used and disclosed. Use of some location-sensitive Services may require network coverage. If any Device on your Account uses a location-sensitive Service, you authorize the end user to download, access and use location-sensitive Services and agree to clearly and regularly notify the end user of your Device that his or her location may be tracked or discovered. C Spire may also use location information to create aggregate data from which your personally identifiable information has been removed or obscured. Such aggregate data may be used for Services like traffic-monitoring and other purposes.
In some cases, C Spire's directory assistance Service (411) will use the location of a Device to deliver relevant customized 411 information based upon your request for a listing or other 411 Service. By using this directory assistance Service, you consent to C Spire's use of your location information for such purpose. This location information may be disclosed to a third party to perform the directory assistance Service.
- 911 or Other Emergency Calls:
When making 911 or other emergency calls, you should be prepared to provide location information. 911 operators may not know your phone number or have information about your location. In certain circumstances, an emergency call may be routed to a dispatcher or alternative location set by local emergency service providers. Enhanced 911 service, where enabled by local emergency authorities, uses GPS technology to provide location information. If you are porting a phone number to or from C Spire, C Spire may not be able to provide you with some Services, such as 911 location Services, while the port is being implemented. If the Device is indoors or for some other reason cannot acquire satellite signal, you may not be located. C Spire is not responsible for failures to connect or complete 911 calls, for your failure to provide location information, or for your failure to provide accurate location information.
- Additional Terms and Conditions for Promotional Offer Contract:
C Spire, in its sole discretion, may from time to time make a Device or Service available for purchase at a special price or free of charge, subject to your agreement to the terms and conditions of a Promotional Offer Contract ("POC").
You acknowledge and agree that if you have deactivated Service within the last thirty (30) days, you are ineligible for a POC. If you are eligible for a POC and you agree to the terms and conditions of the POC by activating a Device or Service which is subject to the POC (hereinafter, "Promotional Wireless Device or Service"), you accept and agree to be bound by these additional terms and conditions:
(a) You have purchased the Promotional Wireless Device or Service at a special price or have received it free of charge, as applicable;
(b) You shall activate Service for the Promotional Wireless Device or Service (if not already activated);
(c) You shall not deactivate Service for the Promotional Wireless Device or Service for a period of not less than twenty-four (24) months. If you do not need to activate new Service to use the Promotional Wireless Device or Service, but instead use the Promotional Wireless Device or Service in addition to or with your existing Service (i.e., as an upgrade or replacement), then you agree that any prior Service Agreement for such existing Service is hereby amended and replaced in its entirety by the terms and conditions of the POC and this Service Agreement;
(d) If you are activating new Service for the Promotional Wireless Device or Service and you have existing C Spire Service for other Device(s), you shall not deactivate any existing Service for other Device(s) before expiration of the remaining term of the existing Service for such Device(s) (including any applicable prior POC); and
(e) Failure to maintain Service for the commitment period or periods set forth above may result in an early termination fee, as described in the Parties’ Respective Rights to Limit or Terminate this Service Agreement paragraph below.
To the extent that any term or condition of the POC should conflict with any term or condition of this Service Agreement, the above terms and conditions for the POC shall control and apply to you.
- Third Party Applications:
In addition to this Service Agreement, third-party applications and Software available in connection with the Service and/or a Device may be subject to other terms and conditions, which are posted from time to time on C Spire's website at www.cspire.com. Unless expressly granted herein, neither C Spire nor any provider of a third-party application grants any license in any Software or other intellectual property to you.
Certain information or content may be provided through the Service by independently owned and operated content providers or service providers who are subject to change at any time without notice. C Spire is not a publisher of third-party content and will not be responsible for any information or services provided by such third parties. These third parties may impose additional charges (on top of regular Service charges levied by C Spire) for certain content. As the user of such services, you are bound by the third parties' policies when you visit their respective sites or uses their services. It is your responsibility to read the rules or service agreements of each content or service provider as well as to understand any and all billing practices which are stated by the content or service provider. Any information you involuntarily or voluntarily provide third parties is governed by their policies. The accuracy, appropriateness, content, completeness, timeliness, usefulness, security, safety, merchantability, fitness for a particular purpose, transmission or correct sequencing of any information or downloaded data is not guaranteed or warranted by C Spire or any content providers or other third party. Delays or omissions may occur. Neither C Spire nor its content providers, service providers or other third parties shall be liable to you for any loss or injury arising out of or caused, in whole or in part, by any information acquired through the Service.
- Content Blocking/Filtering Applications:
Certain third-party applications and/or features may be made available to you which allow you to block and/or filter certain types of content from being sent to your Device. Your use of such applications is pursuant to the terms and conditions of this Service Agreement and any applicable license and/or agreement of the third-party application provider. C Spire makes no warranty or representation regarding the operation of the applications and/or features or their ability to successfully filter the types of content you have chosen for filtering. You assume the risks of using such applications and/or features and agree to hold C Spire harmless from any alleged damage caused by your use of such applications and/or features. Neither C Spire nor the third-party application/feature provider shall be liable to you for any loss or injury arising out of or caused, in whole or in part, by your use of content blocking and/or filtering applications or features.
- Export Regulation:
You acknowledge that software, information, and technology downloaded (collectively, "technology") may be subject to certain United States export regulations and laws and import regulations and laws in other countries and that you are responsible for complying with such relevant regulations and laws. You agree to comply with all export or import regulations and laws both foreign and domestic, including, but not limited to, the Export Administration Act (50 U.S.C. Appx. §§ 2401 et seq.) and the Export Administration Regulations ("EAR," 50 C.F.R. Parts 730-774). You further specifically agree, unless expressly authorized by law, not to export or re-export the technology to any country, person, entity, or end user subject to United States export controls or under United States embargo.
- Indemnification of C Spire:
You agree to defend, indemnify, and hold harmless C Spire and its parents, subsidiaries, affiliates, agents, employees, successors and assigns from any and all liabilities, penalties, claims, causes of action, and demands brought by a third party, including all costs, expenses, and attorneys’ fees, related to or arising from this Service Agreement or your use of the Service and/or Device (or the use of the Service or your Device by anyone else), whether based in contract or tort (including, but not limited to, strict liability) and regardless of the form of the action.
- Parties’ Respective Rights to Limit or Terminate This Service Agreement:
You may terminate this Service Agreement at any time, but you will be responsible for all charges incurred through the date of termination. If you do terminate this Service Agreement, you must notify us in writing. Termination of this Service Agreement will result in the immediate termination of your Service. If you have entered into a Retail Installment Sales Agreement with C Spire, C Spire incorporates, as if fully set forth herein, the remedies available for any default on your commitment to maintain Service for a period of time. If you have not entered into a Retail Installment Sales Agreement with C Spire, your failure to maintain Service for the time period applicable to the wireless service plan you purchased may result in an early termination fee (hereinafter, “ETF”) in addition to your responsibility for any other damage and/or loss caused by such termination. The ETF is a way to fulfill your commitment to maintain Service for a period of time if you want to cancel Service early. If your commitment to maintain Service for a period of time is complete, you will not owe an ETF. The ETF amount depends on how much of your time commitment for Service is left when you cancel. The ETF decreases over time. If you terminate this Service Agreement before the fulfillment of the commitment period applicable to your Service and/or wireless service plan, you agree the ETF shall be one or more of the following, as applicable: (i) One Hundred and Eighty Dollars ($180) for the Promotional Wireless Device (other than smartphones, netbooks, data cards, or laptop computers) or Service, minus a prorated dollar amount equal to the number of full months completed on the time commitment for your Service; or (ii) Three Hundred and Sixty Dollars ($360) for Promotional Wireless Devices that are smartphones, netbooks, data cards, or laptop computers, minus a prorated dollar amount equal to the number of full months completed on the time commitment for your Service. You agree that the ETF is a reasonable pre-estimate of the amount of damages suffered by C Spire as a result of your failure to maintain Service with C Spire for the period of your service commitment. Any Service that remains unused at the time of termination will not be refunded to you or transferred to another person.
C Spire may terminate this Service Agreement at any time if we cease to provide Service in your area. C Spire can, without notice, limit, suspend, cancel or terminate your Service or any agreement with you for any reason whatsoever or for no reason, including, but not limited to, if you: (a) breach any term or condition of this Service Agreement; (b) resell the Service; (c) use the Service for any unlawful, illegal or fraudulent purpose; (d) install, deploy, or use any regeneration equipment or similar mechanism (for example, a repeater) to originate, amplify, enhance, retransmit or regenerate a radio frequency signal without C Spire’s permission; (e) steal from or lie to C Spire; (f) do not timely pay the amounts due and owing on your Account; (g) incur charges larger than a required deposit or billing limit, or materially in excess of your monthly access charges (even if C Spire hasn't yet billed the charges); (h) threaten, harass, or use vulgar and/or inappropriate language towards a C Spire representative, officer, employee, or agent; (i) interfere with C Spire’s operations; (j) modify your Device from its manufacturer's specifications; or (k) use the Service in a way that adversely affects C Spire’s network or the Service. C Spire may also temporarily limit your Service for any operational or governmental reason.
C Spire’s rights under this paragraph are in addition to any specific rights afforded C Spire in other provisions of this Service Agreement to interrupt, suspend, modify, or cancel your Service and to terminate the Service Agreement.
- C Spire’s Right to Change this Service Agreement:
C Spire may notify you of any such changes to this Service Agreement, or any other required or desired notice hereunder, by posting notice of such changes on C Spire’s website, or by sending notice via email or postal mail to your billing address, and/or by contacting the telephone number(s) on your Account (including mobile phones) by means such as, but not limited to, browser bulletins, walled garden (browser interruption), voice, SMS, MMS, and text messages, including by the use of an automatic telephone dialing systems. You agree that any one of the foregoing will constitute sufficient notice. If any material change negatively affects your Service, you have the right to cancel your Service. Your continued receipt of the Service for more than thirty (30) days after the change, however, will constitute your acceptance of the change.
This Service Agreement, the Service, and Device are not assignable or otherwise transferable by you, without specific written authorization from C Spire. Any such transfer without C Spire’s written authorization is void. At C Spire’s sole discretion, C Spire may assign, in whole or in part, this Service Agreement, and the Service may be provided by one or more authorized C Spire affiliates.
- Written Notice to C Spire:
Written notice to us shall be effective when directed to the attention of our Director of Product Development & Management and received at the following address: 1018 Highland Colony Parkway, Suite 300, Ridgeland, Mississippi 39157. Your notice to us must contain your Account number.
- Governing Law:
Except as otherwise required by law, you and C Spire agree that the Federal Arbitration Act and the substantive laws of the State of Mississippi, without reference to its principles of conflicts of laws, will be applied to govern, construe, and enforce all of the rights and duties of the parties arising from or related in any way to the subject matter of this Service Agreement. UNLESS YOU AND C SPIRE AGREE OTHERWISE, YOU AND C SPIRE CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN ARBITRATION OR SMALL CLAIMS COURT IN THE STATE OF MISSISSIPPI FOR ANY SUITS OR CAUSES OF ACTION CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT MATTER OF THIS SERVICE AGREEMENT.
If any provision of this Service Agreement is determined to be invalid, illegal or unenforceable, the remaining provisions of this Service Agreement shall remain in full force and effect and the unenforceable provision shall be construed as nearly as possible to reflect the original intention of the parties.
All representations, warranties, indemnifications, dispute resolution provisions and limitations of liability contained herein shall survive the termination of this Service Agreement or the discontinuation of your Service, as well as any other obligations of the parties hereunder which, by their terms, would be expected to survive such termination or which relate to the period prior to termination including, but in no way limited to, all indemnifications, releases, limitations of liability, disclaimers of warranties, limitations of remedies, the agreement to arbitrate, the restrictions on use of Service and the Device, and the rights of C Spire to disable the Device, all as more particularly set forth herein.
C Spire’s failure at any time to insist upon strict compliance with any of the provisions of this Service Agreement shall not be construed to be a waiver of such terms in the future.
- Force Majeure:
C Spire shall not be liable for any delay or failure of performance of the Service or Device due to causes beyond its control, including, but not limited to: acts of God, fire, flood, explosion or other catastrophes; any law, order, regulation, direction, action or request of the United States government or of any other government including state and local governments having or claiming jurisdiction over C Spire, or of any department, agency, commission, bureau, corporation or other instrumentality of any one or more of these federal, state, or local governments or of any military authority; and cessation and/or interruption of Service in compliance with national emergencies, acts of terrorism, insurrections, riots, wars, unavailability of rights-of-way, material shortages, strikes, lockouts, or work stoppages.
- Additional Terms and Conditions for Prepaid Service:
If you are eligible for Prepaid Service and you agree to the terms and conditions of this Service Agreement by activating such Service, you further accept and agree to be bound by the following terms and conditions:
To utilize the Prepaid Service, you must prepay the charge for thirty (30) days of Service and have sufficient funds in your Prepaid Account to cover charges for any additional Services you use (such as roaming, directory assistance, Speed Pass, etc.). Prepaid Service provides thirty (30) days of Service from the date of activation and is eligible for renewal subject to your agreement that C Spire may deduct the Prepaid Service charge from your Prepaid Account or may process your renewal payment by way of AutoPay. If you fail to renew the Prepaid Service after activation, your Prepaid Service may be suspended and/or deactivated and you will not receive further Service until you pay the amounts due for the Prepaid Service and any other charges for additional Services.
Information on how to establish and maintain a balance in your Prepaid Account are provided at the time of activation of your Prepaid Service. There are multiple methods to replenish your Prepaid Account. Fees may apply to some replenishment methods. Replenishment by AutoPay may be subject to certain limitations. You may not replenish your Prepaid Account by way of a check.
If you sign up for AutoPay, you agree that C Spire has no obligation to provide you with additional notices or secure additional consent before C Spire invoices the credit card or debits the bank account for amounts due to C Spire for the Prepaid Service. You are responsible for paying all charges applicable to your Prepaid Service.
If you do not pay for the Prepaid Service, your Prepaid Account may be suspended. If your Prepaid Account remains suspended for more than fifty-nine (59) days, your Prepaid Account may be closed. If your Prepaid Account is closed, you may reactivate your Prepaid Service by opening a new Prepaid Account. In that situation, you may be assigned a new phone number and you may be subject to a reactivation fee.
C Spire assigns telephone numbers, personal identification numbers ("PINs"), and other personal identifiers in connection with Prepaid Service. You agree that you have no proprietary rights to any such personal identifiers and you agree that C Spire retains the right to change the personal identifiers. C Spire is not responsible for, nor will C Spire refund, lost, stolen, misused, or damaged PINs, regardless of distribution method.
All charges for Prepaid Service are final and non-refundable. No refunds or other compensation will be given for unused, lost or stolen Prepaid Cards or coupons.
The fees for your Prepaid Service include applicable federal, state, and local taxes and other assessments that C Spire may be permitted to collect and/or remit to applicable government authorities.
Network coverage specific to Prepaid Service as well as details for Prepaid Service may be found at www.cspire.com, which terms are incorporated by reference herein. Network coverage for Prepaid Service may differ from network coverage for other Service provided by C Spire.
To the extent that any term or condition for the Prepaid Service should conflict with any term or condition of this Service Agreement, the above terms and conditions for the Prepaid Service shall control and apply to you.
- Additional Terms and Conditions for SOLO:
Please be aware that only resident citizens of the State of Mississippi are eligible for SOLO.
If you are eligible for SOLO and you agree to the terms and conditions of this Service Agreement by digitally activating the service by way of the SOLO App, you further accept and agree to be bound by the following terms and conditions:
SOLO consists of talk, text and data service on C Spire’s network for a flat monthly subscription fee for each Device. You may connect an eligible wearable device to SOLO for an additional monthly subscription fee.
In order to use SOLO, you must download the SOLO App on your Device. You will be required to verify your email address in connection with applying for SOLO. In addition, you agree to receive communications from C Spire regarding the SOLO Service by way of the SOLO App. SOLO by C Spire is a trademark and service mark owned by Cellular South, Inc. Cellular South, Inc. provides Services under the C Spire and SOLO brands.
You agree to pay for the SOLO Service on a subscription fee basis for a minimum period of one month. You are responsible for paying all applicable taxes, surcharges, fees or other charges associated with the SOLO Service. You are solely responsible for any charges that you incur with any third party.
In order to be eligible, you must also subscribe to SOLO. By subscribing to SOLO, you authorize C Spire to automatically charge your credit or debit card or withdraw funds from your bank account each month on the subscription renewal date shown in the SOLO App for your SOLO Service. In addition, by subscribing to SOLO, you agree that you have provided C Spire with a separate and complete authorization for each subscription fee charged as required by the rules of the National Automated Clearing House Association (“NACHA”) and, as applicable, the Electronic Fund Transfer Act, 15 U.S.C. 1693 et. seq., and Regulation E promulgated thereunder, 12 C.F.R 205 et. seq., and applicable credit card rules.
Your monthly subscription will begin on the date the primary account holder’s SOLO Service is activated. You must pay the next month’s subscription fee before expiration of the current subscription to keep your SOLO Service active. The subscription for your SOLO is renewed for the next month when we receive payment in full. We will not refund any amounts paid for the SOLO Service, subject to applicable law.
After you agree to the terms and conditions of the SOLO Service, C Spire will either mail a SIM card to the address that you provided or will electronically provide you with an eSIM, which allows you to activate your Service without having to use a physical SIM. Once you receive the SIM card (either physically or electronically) from C Spire, install the SIM card into your Device and then follow the set up process described in the SOLO App to begin receiving SOLO Service.
If you terminate your subscription to SOLO, if you fail to update your designated subscription payment method before it expires, or if the charge for your monthly subscription fee is declined by your designated credit or debit card or the withdrawal of funds from your designated bank account is unsuccessful, your SOLO Service will be no longer available, without additional notice to you. You may restore your SOLO Service by re-subscribing.
Support for SOLO is exclusively provided by way of the SOLO App, the live chat feature accessible on the SOLO App, and C Spire’s website. You may access your subscription information on the SOLO App.
To the extent that any term or condition for the SOLO Service should conflict with any term or condition of this Service Agreement, the above terms and conditions for the SOLO Service shall control and apply to you.
- Entire Agreement
This Service Agreement, including all policies referred to herein and posted at www.cspire.com, constitutes the entire agreement between you and C Spire with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. No changes by you to this Service Agreement shall be effective unless agreed to in a writing signed by an authorized representative of C Spire. No undertaking, representation or warranty made by any employee, agent or representative of C Spire in connection with the sale, installation, maintenance or removal of Service and/or Device shall modify or amend this Service Agreement.