By electing to use location based services, you agree and authorize us to send targeted, location based information to your mobile device and also to use or provide to third parties your location information in an aggregate form. Emergency Alerts. Metro by T-Mobile has chosen to offer wireless emergency alerts, within portions of its coverage area, on wireless alert capable Devices.
There is no additional charge for these wireless emergency alerts. For details on the availability of this service and wireless emergency alert capable Devices, please visit https: Data Access. We shall determine in our sole discretion what data usage constitutes Data Access and reserve the right to alter, make additions to or deletions to what type of data usage, or protocols, constitute Data Access without notification to you.
Data Access may include, for example, multimedia streaming and video on demand services, as well as certain multimedia uploads, downloads and gaming services and applications. Uploads are data sessions where the data is transferred from your Wireless Device to some other computer or wireless device, while downloads are data sessions where the data is transferred from some other computer or wireless device to your Wireless Device. Depending on your Rate Plan, certain usages may not count against your Data Access limit.
Data Access usage includes, but is not limited to, the actual data sent and received along with overhead, header packets, and may include other information sent in connection with a data session in which Data Access occurs. Data Access on networks not owned by us, such as when you are roaming, may not be available or may be further limited. Charges and availability are based on the location of the cell site receiving and transmitting the Data Access service and not your location. The absolute capacity of the wireless data network is limited. Accordingly, Data Access is only provided for prescribed purposes and pricing for Data Access is device dependent and based on the transmit and receive capacity of each device.
A Data Access pricing plan designated for one type of device may not be used with another device. Compatible data-enabled wireless devices are required. You acknowledge and agree that your Data Access usage and speed may vary depending on certain factors outside of our control. Such factors may include the amount of users on the service, network congestion, the distance to the serving cell site, the number of users served by your serving cell site, the management of backhaul at the serving cell site, any application s you are using for your data session, the screen size of your Wireless Device, the bit rate s of your data session, the type s and amount s of compression used by the computers or wireless devices involved in the data session, and any error s that might occur in the data session.
We also manage our network to facilitate the proper functioning of services that require consistent high speeds, such as video calling, which may, particularly at times and in areas of network congestion, result in reduced speeds for other services. Additionally, we may implement other network management practices, such as deploying streaming video optimization technology and prioritizing all Smartphone Mobile Hotspot tethering data below on-device data.
This technology is intended to manage data usage on the network, reduce the risk of streaming video stalling and buffering, and reduce the amount of high-speed data consumption used for streaming video. Streaming video optimization improves streaming video reliability as well as makes room for other users to enjoy higher browsing speeds.
The streaming video optimization process is agnostic as to the streaming video content itself and to the website that provides it. These practices operate without regard to the content itself or the source of the content, and do not discriminate against offerings that might compete against those offered by Metro by T-Mobile on the basis of such competition.
In order to assess your usage during an applicable service cycle, you may obtain approximate usage information by using one of our automated systems. Any application on your Wireless Device which describes the amount of data usage does not necessarily reflect your usage of Data Access. We may provide a meter for your use in one or more locations accessible by you. Any meter provided for your use may deliver readings higher or lower than your actual Data Access usage, or deliver readings that are higher than your actual Data Access usage because of the units of measurement used by Us.
Any reading delivered by any meter we provide for your use will have inherent inaccuracies and may not provide up to the minute or second accuracy. Further, any reading delivered by any meter We provide for your use may only be completely accurate if your Wireless Device is turned off and not transmitting or receiving any data from any data session. Network Traffic Management. Metro by T-Mobile reserves the right to manage our network and the traffic on our network in the way we believe best benefits our customers and best enables us to maintain Service of the nature described in this Agreement.
We have determined that our ability to provide Service to our customers is disrupted when you place an abnormally high number of calls, repeatedly place calls which result in abnormally long call lengths, high or disproportionate use, or otherwise use our Services or network in excess of our expectations for the normal amount of use by our customers.
Other examples of prohibited uses can be found in Section Some elements of multimedia messages may not be accessible, viewable, or heard due to limitations on certain wireless phones, PCs, or e-mail.
We reserve the right to change the multimedia message size limit at any time without notification. Text message notifications may be sent to non-multimedia messaging subscribers if they subscribe to text messaging. You may receive unsolicited messages from third parties as a result of visiting Internet sites, and a per-message charge may apply whether the message is read or unread, solicited or unsolicited.
To differentiate the services we sell, at times and at locations where there are competing customer demands for network resources, we give the data traffic of customers who choose T-Mobile-branded services precedence over the data traffic of customers who choose non-T-Mobile-branded services such as Metro by T-Mobile. Where the network is lightly loaded, a Metro by T-Mobile customer will notice little, if any, effect from having lower priority.
This will be the case in the vast majority of times and locations. At times and at locations where the network is heavily loaded in relation to available capacity, however, Metro by T-Mobile customers will likely see reductions in data speeds, especially if they are engaged in data-intensive activities.
Metro by T-Mobile constantly works to improve network performance and capacity, but there are physical and technical limits on how much capacity is available, and at constrained locations, the frequency of heavy loading in relation to available capacity may be greater than at other locations. Metro by T-Mobile also reserves the right to restrict, or otherwise prevent access to services, countries, carriers, destinations that Metro by T-Mobile determines, in its sole discretion, are inconsistent with the nature of Service provided by Metro by T-Mobile, are indicative of uses not permitted hereunder, or result in abnormally long calls, or abnormally high usage.
We also may block calls to telephone numbers at the request of the called party. You can purchase Content and Applications for example, downloadable, streaming or networked applications, wallpapers, ringtones, games, productivity tools and video "Content and Apps" for and with your compatible wireless device. Some Content and Apps that you can purchase with your wireless device are not sold by Metro by T-Mobile and for such Content and Apps, you can identify the third party seller at the point of purchase.
Metro by T-Mobile is not responsible for such Content and Apps, including download, installation, use, transmission failure, interruption, or delay, or any content or website you may be able to access through the Content and Apps. Any support questions for such Content and Apps should be directed to the third party seller identified at the point of purchase.
Whether purchased from Metro by T-Mobile or a third party seller, any Content and Apps you purchase are licensed for personal, lawful, non-commercial use on your wireless device only. You may not transfer, copy, or reverse engineer any Content and Apps, or alter, disable or circumvent any digital rights management security features embedded in the Content and Apps.
Content and Apps may not be transferable from one wireless device to another wireless device. You understand and agree that the Content and Apps contain the intellectual property of third parties. You understand and agree that the Content and Apps are protected by law including copyright law and are solely for your personal, non-commercial use. You agree to comply with all applicable laws including copyright law , and may only make such copies as are reasonably necessary for your personal and non-commercial use.
You agree that any other redistribution, reproduction, transmission, communication, sale, use including, except in the case of Ringtones, as a "ringer" for a telephone , broadcast, public performance, rental or lending, adaptation, sub-license or other use of the Content and Apps without the prior written consent of the copyright owner is prohibited. You understand and agree that all rights not expressly granted herein are reserved by the applicable content owner. Third Party Applications. Your location can be identified while using GPS applications. It is your responsibility to notify Authorized Users that their location can be identified while using GPS applications.
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You agree that any Authorized User may access, use or authorize Metro by T-Mobile or third party location-sensitive applications through the Services.
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Off-Net Usage. Our Services and Rate Plans are designed for you to use your Service each month predominantly using our networks. You must use your wireless device predominantly within the Metro by T-Mobile owned network coverage area. If your minutes of use, text messaging usage, or data usage are not predominantly on our networks "Off-Net Usage" , or are excessive, abnormally high, or cause Metro by T-Mobile to incur too much cost, Metro by T-Mobile may, at its option and sole discretion, limit or terminate your service, deny your continued use outside the areas served by our network or on other carriers' coverage, or change your Rate Plan.
Metro by T-Mobile will provide you with advance notice that it intends to take any of the above actions. Nationwide roaming requires multi-band wireless devices and is not available with single-band wireless devices, certain other wireless devices, or to customers residing outside their home area. The term "roaming" typically refers to coverage on another carrier's network that we may make available to you based on our agreements with other carriers. These agreements may change from time to time and roaming coverage and available services are subject to change without notice.
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Your ability to roam depends on the radio transmissions your wireless device can receive and use, and the availability of roaming coverage. We make no guaranty that roaming coverage will be available. Roaming coverage may exist both within and outside our network coverage areas. Depending on your Services, separate charges or limits on the amount of minutes used while roaming may apply.
We may, but you agree we are not obligated to, provide you with notice when you are roaming. You agree to pay for all charges for Service "Service Charges" , including, but not limited to the following: You must pay all taxes, fees and surcharges set by federal, state and local governments. If you did not identify the correct PPU, or provided an address that is not a recognized street address, such as a PO Box, does not identify the applicable taxing jurisdictions or does not reflect the Service area associated with your telephone number, you may be assigned a default PPU for tax purposes.
You acknowledge and agree that a default PPU may affect your ability to receive E assistance and you agree to indemnify and hold us harmless for any claims relating to your failure to provide a valid PPU. In addition, if you are not on a tax-inclusive plan, you agree to pay all regulatory administration charges "Regulatory Administration Charges" , which may include, but are not limited to, Federal Universal Service, various regulatory charges, our administrative charges, gross receipts charges, margin taxes, and charges for the costs we incur in complying with governmental programs.
Regulatory Administration Charges are not taxes and are not required by law. We set these charges, and the amounts and what they include may change without notice. They are rates we choose to collect from you and are kept by us in whole or in part. The number and type of Regulatory Administration Charges may vary depending upon the PPU of the wireless device and can change over time.
We determine the rate for these charges and these amounts are subject to change as are the components used to calculate these amounts. Changes to taxes, fees and surcharges will become effective as provided by the taxing authority and changes to Regulatory Administration Charges shall be effective immediately. You are responsible for all Charges to your account, whether or not you were the user of the wireless device. If your wireless device gets lost or stolen, you agree to notify us immediately, so we can suspend your Service to prevent someone else from using it. After your Service is suspended, you will not be responsible for additional usage charges incurred in excess of your Rate Plan Charges, applicable taxes, fees, and Surcharges.
If you request that we not suspend your Service, you will remain responsible for all usage, Charges incurred, and applicable taxes and fees. We may prevent a lost or stolen wireless device from registering on our and other networks. Charges for Third-Party Services. Certain parties besides Metro by T-Mobile have the ability to place charges on your account for their services.
You may access these services and authorize the placement of charges on your account through your phone or online account. Metro by T-Mobile also provides customers, at no additional cost, with the ability to restrict the placement of charges for third-party services on your account. Service Charges must be paid in advance and are due before the first day of your service cycle. Service Charges cannot be paid in arrears. Unless otherwise specified in your Rate Plan, monthly service cycles are approximately 30 days long. The dates of your monthly or weekly service cycle and other dates related to your account may change from time to time.
You must promptly notify us of any change in your account address. As a convenience, you may authorize recurring payment of your Service Charges through a credit or debit card or bank transfer authorization; this authorizes us to charge all amounts you owe us to the credit or debit card or bank transfer authorization up to five 5 days prior to the due date and to demand immediate payment from the card or debit issuer or bank.
We may change the day on which we charge your credit or debit card, in our sole and exclusive discretion, but in no event will that day be more than five 5 days prior to the due date. Unless required by law, we will not give any additional notice to you or obtain additional consent from you before charging Service Charges to that credit or debit card. You must promptly notify us of any change in the credit or debit card or bank transfer authorization you want to use for payment. You may also make a payment by credit or debit card online at www.
In addition, you may pay your Service Charges by sending a check or money order by mail to P. Box , Carol Stream, Illinois, , or by bringing cash, check, or money order in person to any Metro by T-Mobile store or authorized payment center. You may be required to pay an additional service charge, depending on the payment method you choose. This information is available at MetroPCS. In addition, we may charge an additional fee up to the maximum amount permitted by law for any check or other negotiable instrument tendered by you and returned unpaid by a financial institution for any reason.
We reserve the right, in our sole discretion, to require that you pay your Service Charges with cash, certified check, cashier's check, or money order. We also reserve the right to report any check returned to us to reporting and credit agencies and law enforcement. Your payment will be considered late if we do not receive it before the first day of the service cycle for which the payment is due. If you do not make all payments when they are due, you will be in default under this Agreement, and Metro by T-Mobile will be entitled to exercise any rights it may have under this Agreement, including the suspension or termination of Service to you.
If we accept a late or partial payment, even if you mark the payment "paid in full," we do not waive our rights to suspend or terminate your Service or any other rights we may have. If your Service is terminated and you promptly pay amounts that are overdue, Metro by T-Mobile, in its sole discretion, may reconnect your Service after you have paid any reconnection fees we have imposed. In such case, your service cycle anniversary date will not change, which will result in fewer days of service for that month.
If you have a dispute regarding the Charges to your account, or about the Services provided to you, you agree to notify us of the dispute within 60 days after the date you first receive the disputed Charge "Dispute Period" , unless otherwise provided by law. If you do not notify us of your dispute in writing within the Dispute Period, you have waived such claim and will be forever barred and estopped from raising, or making a claim for such dispute and you may not pursue a claim in arbitration or in court.
Unless otherwise provided by law, you must pay disputed Charges until the dispute is resolved. If you accept a credit, refund or other compensation or benefit to resolve a disputed Charge, you agree that the issue is fully and finally resolved and such credit shall act as an accord and satisfaction. In the event of a lost or stolen wireless device, for Charges incurred before you notify us, you are not liable for charges you did not authorize, but the fact that your wireless device or service was used is some evidence of authorization.
You may request that we investigate Charges you believe were unauthorized. We may ask you to provide information and you may submit information to support your request. If we determine the charges were unauthorized, we will credit your account. If we determine the charges were authorized, we will inform you within 30 days and you will remain responsible for the charges. You expressly consent to be contacted, by Metro by T-Mobile or anyone calling on its behalf, for any and all purposes, at any telephone number, or physical or electronic address where you may be reached, including any wireless telephone number.
You agree that Metro by T-Mobile may contact you in any way, including, pre-recorded or artificial voice or text messages delivered by an automatic telephone dialing system, or e-mail messages delivered by an automatic e-mailing system. You agree that we also have the consent to contact any Authorized User on your account for Service or payment related reasons. You must notify us of any address changes.
Failure to notify us of a change in your address constitutes a breach of this Agreement and grounds for possible suspension or termination of your Service. Box , Dallas, Texas By activating or renewing Service with Metro by T-Mobile, you agree that you do so because you want Service from Metro by T-Mobile and not for any other purposes. You agree not to misuse the Service or Device, including but not limited to: Unless authorized by Metro by T-Mobile, you agree that you won't install, deploy, or use any regeneration equipment or similar mechanism for example, a repeater or signal booster to originate, amplify, enhance, retransmit or regenerate a transmitted RF signal and, unless authorized by Metro by T-Mobile, you agree that you will not use a telephone number on the Metro by T-Mobile network for any purpose but for access to the public switched telephone network.
Metro by T-Mobile also reserves the right, in its sole discretion, to exclude from your Service, 9xx, 7xx, 5xx, and 8xx telephone numbers as well as other telephone numbers or services. You can't use our Services: We can take any action to: We use filters to block spam messages, but we do not guarantee that you will not receive spam or other unsolicited messages, and you agree that we are not liable for such messages.
You agree that a violation of this Section harms Metro by T-Mobile, which cannot be fully redressed by money damages, and that we shall be entitled to immediate injunctive relief in addition to all other remedies available without the requirement to post a bond. You agree you will not use our messaging services to send messages that contain advertising or a commercial solicitation to any person or entity without their consent. You will have the burden of proving consent with clear and convincing evidence if a person or entity complains you did not obtain their consent.
Consent cannot be evidenced by third party lists you purchased or obtained. You further agree you will not use our messaging service to send messages that: Our failure to take any action in the event of a violation shall not be construed as a waiver of the right to enforce such terms, conditions, or policies. Advertising and commercial solicitations do not include messaging that: Although it is illegal for unauthorized people to intercept wireless device calls intended for others, Metro by T-Mobile cannot guarantee the complete privacy of your calls.
Wireless calls by nature may be intercepted by third parties. Additionally, Metro by T-Mobile does not necessarily encrypt your calls. You agree that a violation of this Section harms Metro by T-Mobile, which cannot be fully redressed by money damages, and that Metro by T-Mobile shall be entitled to immediate injunctive relief in addition to all other remedies available. We can also temporarily limit your Service for any operational or governmental reason; or if we have reason to believe that you are using our Service for any fraudulent, obscene, illegal, harassing, commercial or abusive purpose, such as for the transmission of or access to pornography or other services or materials that are obscene, cater to a prurient interest in sex, are patently offensive or are without redeeming social value, or if we believe the action protects our interests, any customer's interests or our network.
Metro by T-Mobile is not required to provide you with any notification before suspending, restricting, or terminating your Service. We may impose usage or other limits to your Service, suspend your Service, or exclude certain types of calls, messages or sessions such as international, or calls , in our sole discretion and without notice. If you promptly pay amounts that are overdue or cure any other breach of this Agreement, Metro by T-Mobile, in its sole discretion, may reconnect your Service after you have paid any reconnection fees we have imposed.
In addition, you may terminate Service at any time by notifying us in writing at the address listed in Section 16 "Notices". You agree not to infringe, misappropriate, dilute or otherwise violate the intellectual property rights or goodwill of Metro by T-Mobile or any third party. Except for a limited license to use the Services or wireless devices arising from the sale of a product, your purchase of Metro by T-Mobile wireless devices and Services does not grant you any license or right to copy, modify, reverse engineer, download, redistribute, or resell the intellectual property of Metro by T-Mobile or others related to the Services and Metro by T-Mobile wireless devices or other wireless devices , which may be used only with Metro by T-Mobile Service unless expressly authorized in writing by Metro by T-Mobile.
If you believe that material residing on our system or network infringes the copyright of you or any third party for whom you are authorized to act, notify us by using the notice procedure under the DMCA and described at https: After receiving notice, we may remove or disable access to any infringing material as provided for in the DMCA. There are substantial penalties for sending false notices.
You also agree we aren't liable for missed or deleted voice mails or other messages, or for any information, such as pictures, that gets lost or deleted if we service your wireless device. If another wireless carrier is involved in any problem for example, while you're roaming , you also agree to any limitations of liability in its favor that it imposes.
You should implement appropriate safeguards to secure your wireless device, computer or equipment and to back-up your information stored on each.
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You agree to use the Service in accordance with this Agreement and to comply with all applicable laws. Metro by T-Mobile may deny a request for Service from you for any lawful reason. Metro by T-Mobile also reserves the right to cease serving you if you are not acting in accordance with the terms of this Agreement or the Policies, to disconnect calls that are not in accordance with the terms and conditions of this Agreement or the Policies, and to cease providing services that are inconsistent with the terms and conditions of this Agreement or the Policies and the nature of the Service.
A waiver of any part of this Agreement in one instance is not a waiver of any other part or any other instance and must be expressly provided in writing. Except as provided in Section 2, if any part of this Agreement is held invalid that part may be severed from the Agreement. You can't assign this Agreement or any of your rights or duties under it without our written consent. We may assign all or part of the Agreement or your debts to us without notice.
Upon its transfer or assignment of this Agreement, Metro by T-Mobile shall be released from all liability with respect to this Agreement. This Agreement is the entire agreement between us and defines all of the rights you have with respect to your Service or wireless device, except as provided by law, and you cannot rely on any other documents or statements by any sales, service representatives or other agents. And we won't stop. We don't have a corporate ladder — it's more like a jungle gym of options. Your careers path may take you in directions you didn't think were possible.
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