Includes 3GB of Data
Tower Mobile Customer Terms and Conditions
GENERAL TERMS AND CONDITIONS
In this document: (1) "we," "us," "our," and "Tower Mobile" mean Simplexity MVNO Services, LLC ; (2) "you," "your," "customer," and "user" mean an account holder or user with us; (3) "Device" means any phone, mobile broadband device, any other device, accessory, or other product that we provide you, we sell to you, or is active on your account with us; and (4) "Service" means our offers, rate or service plans, options, wireless services, billing services, applications, programs, products, software, or Devices on your account with us. "Service(s)" also includes any other product or service that we offer or provide to you that reference these General Terms and Conditions of Service ("Terms").
These Terms constitute a contract under which we provide you Services under terms and conditions that you accept. THIS CONTRACT CONTAINS A MANDATORY ARBITRATION PROVISION THAT DISALLOWS CLASS ACTIONS, A CLASS ACTION WAIVER PROVISION, AND A JURY WAIVER PROVISION. These Terms include the Plan you select and any terms set forth in the coverage maps we may provide to you.
Additional terms may apply when you use certain applications, programs, Devices, and services, and these terms will be provided to you prior to your use of the items. Depending on who provides the items, the terms may come from Tower Mobile or a third party. You are subject to any terms provided by the third party, and the terms are directly between you and that third party. Tower Mobile is not responsible for these third-party items and associated terms.
Acceptance of The Terms
You accept these Terms and agree to comply with all applicable laws by doing any of the following: (a) giving a written or electronic signature or marking that you have reviewed and accepted the Terms; (b) activating service; (c) using or attempting to use the Service; (d) making a change or addition to your Service; (e) opening any package or starting any program that states your acceptance when doing so; (f) paying for your Service. When you accept, you represent that you have the legal capacity to accept the Terms.
Our Right To Change The Terms
We may change any part of the Terms at any time, including, but not limited to, rates, charges, how we calculate charges, discounts, coverage, technologies used to provide services, or your terms of Service. We will provide you notice of material changes in accordance with the "Providing Notice To Each Other Under The Terms" section of the Terms. 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 the change. You will not be entitled to any credit for the unused portion of your account balance if you decide to terminate Service in response to a change to the Terms.
To activate the Service, you must both set up an account and establish an appropriate account balance to pay prepaid charges or an applicable subscription charges based on the service plan you select. To establish an account balance, pay a subscription charge, or make any other appropriate payments, follow the instructions provided with the equipment or available on our website.
Our Right To Suspend Or Terminate Services
We can, without notice, suspend or terminate your Service at any time for any reason. For example, without limitation, we can suspend or terminate your Service for the following: (a) failure to have or maintain an appropriate account balance for applicable charges; (b) harassing/threatening/abusing/offending our employees or agents; (c) providing false or inaccurate information; (d) interfering with our or the network operator's operations; (e) using/suspicion of using Services in any manner restricted by or inconsistent with the Terms; (f) breaching, failing to follow, or abusing the Terms; (g) modifying a Device from its manufacturer specifications (for example, rooting the device.
If Tower Mobile provides you software as part of the Service and software license terms are not provided with the software (by Tower Mobile or by a third party), then Tower Mobile grants you a limited, revocable, non-exclusive, non-transferable license to use the software to access the Services for your own individual use. You will not sell, resell, transfer, copy, translate, publish, create derivative works of, make any commercial use of, modify, reverse engineer, decompile, or disassemble the software. Tower Mobile may revoke this license at any time.
Fees, Activation & Miscellaneous Charges
We may charge activation, prepayment, reactivation, program, or other fees to establish, change, or maintain Services. Certain transactions may also be subject to a charge (for example, convenience payment, changing phone numbers, handset upgrades, etc.). You will be provided notice of these types of fees before we complete the requested transaction. Current pricing and fees are available by clicking on the "Pricing" tab.
The types of charges that you incur will vary depending on the Service used and your service plan. You are responsible for the Services on your account and associated charges, including charges made by a person you permit to have direct or indirect access to your device even if you did not authorize its use. Charges may include, but are not limited to, prepayment for service charges; charges for additional services; and taxes, surcharges, and fees associated with your Services. Charges are generally deducted from your account balance (for example, pay-per-use charges, subscription charges, etc.), though in some instances you may be able to pay for certain Services through a credit card, debit card, or other payment method. If you have incurred charges or fees that were not charged prior to your account balance reaching a zero balance, we may deduct these outstanding, unpaid charges and fees from any subsequent amounts you add to your account balance.
Taxes and Surcharges
Stated prices for our services do not include taxes or regulatory fees. You agree to pay 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 Services that we provide to you. Charges also may include a surcharge for federal and state Universal Service Fund contributions and state and local 911 fees. Taxes and regulatory fees are subject to change without notice.
Any dispute to a charge that we assess must be made in writing within 60 days of the date we deduct the charge from your account balance. You accept all charges and waive any right to dispute charges, including in arbitration, not properly disputed within the above time period.
Account Suspension for Declined Payments or Credit Card Chargebacks
If we have attempted to charge your registered payment method for a charge that we deem is authorized and valid under the Terms and the credit/debit card company withholds such payment, we reserve the right to suspend your access to our Service until payment is received. For a credit card chargeback, if the chargeback is not resolved and reversed within 60 days of such chargeback, your account will be deactivated and we will assess you a termination charge equal to the balance in your account, which is not refundable. If your account is reactivated subsequently, you may be charged a fee for each chargeback. In the event of repeated account suspensions for non-payment, we may, without limiting any other rights available to us, require additional pre-payment of funds in order to continuing using the service.
Your Right To Change Services & When Changes Are Effective
You may change Services upon request; however, certain changes may be conditioned on payment of certain charges. The effective date of any changes will depend on our Policies, the old Services, and the requested Services. We will not credit or refund any subscription or other charges as a result of a change in Services.
We do not manufacture any Device that we might sell to you or that is associated with our Services, and we are not responsible for any defects, acts, or omissions of the manufacturer. The only warranties on your Device are the limited warranties given to you by the manufacturer directly or that we pass through, if any. Device performance may vary based on device specifications (for example, a device's software, memory, and storage), and device performance may impact access to the Services. Devices sold by us are for use exclusively our Service and in other coverage areas that we may make available to you. As programmed, it will not roam or accept wireless service from another carrier.
Mobile Phone Number & Email; Caller ID
Tower Mobile retains all ownership to the mobile phone number we provide to you for your use while you are a customer. Except for any legal right you may have to port/transfer your phone number to another carrier, you have no, and cannot gain any proprietary, ownership, or other rights to any phone number. We don't guarantee that number transfers to or from us will be successful. If you authorize another carrier to transfer a number away from us, then that is considered a request by you to us to terminate all of the Services associated with that number. If you cancel your service or your account is deactivated, we may give your mobile phone number to another customer without notice (unless you transfer the mobile phone number to another telecommunications provider in accordance with applicable regulations). While we do not expect to change your mobile phone number, and such changes are rare, under certain circumstances, we may be required to change your mobile phone number; if we do so, however, we will notify you prior to any change.
Coverage; Service Speeds
Our coverage maps are available on the website. The specific network coverage you get will depend on the radio transmissions your Device can pick up and Services you've chosen. Any statements or maps provided by us or our authorized dealers and resellers about coverage are intended to provide high-level estimates of our coverage areas when using our service outdoors under optimal conditions and do not mean that service will be available under all circumstances, at all times or without interruption. Coverage isn't available everywhere. Coverage and Service speeds are not guaranteed and subject to change without notice. Service speeds may depend on the Service purchased. Actual speeds will vary. Estimating wireless coverage, signal strength, and Service speed is not an exact science. There are gaps in coverage within our estimated coverage areas that-along with other factors (for example, network problems, network or Internet congestion, software, signal strength, your Device, structures, buildings, weather, geography, topography, server speeds of the websites you access, actions of third parties, etc.)-may result in dropped and blocked connections, slower Service speeds, or otherwise impact the availability or quality of Service. Services that rely on location information, such as E911 and GPS navigation, depend on your Device's ability to acquire satellite signals (typically not available indoors) and network coverage. While your Device is receiving a software update, you may be unable to use your Device in any manner until the software update is complete.
Restrictions on Use and Protecting the Network(s) & Services
You cannot use the Services: (a) in a way that could cause damage or adversely affect any of our other customers or adversely impacts the network(s), property, or Services; or (b) in any way prohibited by the Terms or by law. You cannot in any manner resell the Services to another party. For additional restrictions on the use of our Services, see the detailed plan or other information on Services that we provide or refer you to during the sales transaction.
We can take any action to: (1) protect the network(s), our rights and interests, or the rights of others, including but not limited to the network operator's; or (2) optimize or improve the overall use of the network(s) and Services. Some of these actions may interrupt or prevent legitimate communications and usage-for example, message filtering/blocking software to prevent spam or viruses; limiting throughput; limiting access to certain websites, applications or other Data Content; prohibitions on unintended uses (for example, use as a dedicated line or use as a monitoring service); etc.
To ensure the quality of our Services and for other lawful purposes, we may monitor or record calls between us (for example, your conversations with our customer service or sales departments).
Authentication and Contact
You (the account holder) may password protect your account information online or establishing a personal identification number ("PIN") for customer care, if applicable to your Services. You agree to protect your PIN, passwords, and other account access credentials like your backup security question from loss or disclosure. You further agree that Tower Mobile may, in our sole discretion, treat any person who presents your credentials that we deem sufficient for account access as you or an authorized user on the account for disclosure of information or changes in Service. You agree that we may contact you for Service-related reasons through the contact information that you provide, through the Services or Devices to which you subscribe, or through other available means, including text message, email, fax, recorded message, mobile, residential or business phone, or mail.
Information on Devices
Your Device may contain sensitive or personal information (for example, pictures, videos, passwords, or stored credit card numbers). Tower Mobile is not responsible for any information on your Device, including sensitive or personal information. If possible, you should remove or otherwise safeguard any sensitive or personal information when your Device is out of your possession or control, for example, when you relinquish, exchange, return, or recycle your Device. You should remove all data from your Device before you provide it to us. By submitting your Device to us, you agree that our employees, contractors, or vendors may access all of the information on your Device. If you exchange, return, or recycle your Device through us, we typically attempt to erase data on your Device.
The network generally knows the location of your Device when it is outdoors and/or turned on. By using various technologies to locate your Device, we can provide enhanced emergency 911 services and optional location-enabled services provided by us or a third party. Network coverage or 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-enabled services.
911 Or Other Emergency Calls
Public safety officials advise that when making 911 or other emergency calls, you should always be prepared to provide your location information. Unlike traditional wire line phones, depending on a number of factors (for example, whether your Device is GPS-enabled, where you are, whether local emergency service providers have upgraded their equipment, etc.), 911 operators may not know your phone number, your location, or the location of your Device. In certain circumstances, an emergency call may be routed to a state patrol dispatcher or alternative location set by local emergency service providers. Enhanced 911 service ("E911")-where enabled by local emergency authorities-uses GPS technology to provide location information. Even when available, however, E911 does not always provide accurate location information. If your Device is indoors or for some other reason cannot acquire a satellite signal, you may not be located. Some Devices have a safety feature that prevents use of the keypad after dialing 911-you should follow voice prompts when interacting with emergency service providers employing interactive voice response systems to screen calls.
If Your Device Is Lost or Stolen
If your Device is lost or stolen, you are responsible for charges incurred until you notify us of the loss in accordance with the "Providing Notice to Each Other Under the Terms" section. Upon receiving notice that your Device is lost or stolen, we will suspend that Device. You agree to cooperate with us or any law enforcement agency if we choose to investigate the matter (provide facts, sworn statements, etc.). We may not credit or refund any account balance if you choose to terminate Services as a result of loss or theft of your Device. If you do not either activate a new device or notify us that you have found your device within 60 days of the suspension of your account, your account will be deactivated, we may assess a charge equal to the balance in your account (which is not refundable), and, if applicable, you will lose your phone number.
Our return policy is incorporated into these Terms and can be found on our website.
General Payment Information
A valid major credit card or debit (a "Registered Payment Method") must be registered and on file with Tower Mobile at all times to take advantage of automatic payments. Only one (1) card may be registered for any Tower Mobile telephone number. If a payment is returned for any reason, you will not be able to use a credit/debit card or PayPal until your account is in good standing. If you need to change or update your payment information, you may do so by accessing "My Account".
Tower Mobile requires customers to be enrolled in auto billing. You will be automatically billed for the recurring payments until your service is deactivated. These recurring charges and all other charges to your account are nonrefundable. Tower Mobile will send a text message notification to your Tower Mobile handset or email if you have a broadband device indicating whether the attempt to charge your Registered Payment Method was successful and, if so, how much was charged and when the charge was made. Tower Mobile will not charge you for these text or email messages. These notifications will be your only notices of payment. By law, you also have the right to receive notice 10 days prior to any transfer that varies in amount from the previous transfer or from the amount you selected at the time of the Auto Pay or Auto Top-Up enrollment; however, by enrolling in the Auto Pay or Auto Top-Up service, you elect to receive such notice only when a transfer differs from the previous transfer by more than $10.00.
Adding Funds Manually
You can manually add funds using your Registered Payment Method on file by accessing the "Pay Now" section under "My Account".
You will be automatically billed for the fixed dollar amount selected by you at the time of the enrollment, plus any applicable taxes, the earlier of (1) every 30 days (measured from the date that you first enrolled), or (2) every time your account balance reaches the equivalent of 10 minutes of voice time and/or 20 MB of Data. The 30 day cycle is reset each time an Auto Refill occurs. This Auto Billing will continue until you affirmatively unenroll from the Auto Billing service or until service interruption, as described below. You understand that this billing feature may result in multiple charges to your account per month.
Disclaimer of Warranties
UNLESS EXPRESSLY PROVIDED IN WRITING OTHERWISE, WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING (TO THE EXTENT ALLOWED BY LAW) ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING YOUR SERVICES (INCLUDING YOUR DEVICE AND ANY SOFTWARE OR APPLICATIONS ON YOUR DEVICE). WE DON'T PROMISE UNINTERRUPTED OR ERROR-FREE SERVICES AND DON'T AUTHORIZE ANYONE TO MAKE WARRANTIES ON OUR BEHALF. ALL SERVICE, SOFTWARE AND APPLICATIONS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITH ALL FAULTS, ERRORS, AND DEFECTS.
You Agree That Our Liability Is Limited - No Consequential Damages
TO THE EXTENT ALLOWED BY LAW, OUR LIABILITY FOR MONETARY DAMAGES FOR ANY CLAIMS THAT YOU MAY HAVE AGAINST US IS LIMITED TO NO MORE THAN THE PROPORTIONATE AMOUNT OF THE SERVICE CHARGES ATTRIBUTABLE TO THE AFFECTED PERIOD. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, MULTIPLE, OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT OF OR RELATED TO PROVIDING OR FAILING TO PROVIDE SERVICES IN CONNECTION WITH A DEVICE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF BUSINESS, OR COST OF REPLACEMENT PRODUCTS AND SERVICES. You agree that neither we nor our parent, subsidiary, or affiliate companies, nor our vendors, suppliers, network operators, or licensors are responsible for any damages resulting from: (a) anything done or not done by someone else; (b) providing or failing to provide Services, including, but not limited to, deficiencies or problems with a Device or network coverage (for example, dropped, blocked, interrupted Services, etc.); (c) traffic or other accidents, or any health-related claims relating to our Services; (d) Data Content or information accessed while using our Services; (e) an interruption or failure in accessing or attempting to access emergency services from a Device, including through 911, Enhanced 911 or otherwise; (f) interrupted, failed, or inaccurate location information services; (g) information or communication that is blocked by a spam filter; (h) damage to your Device or any computer or equipment connected to your Device, or damage to or loss of any information stored on your Device, computer, equipment, or Tower Mobile storage space from your use of the Services or from viruses, worms, or downloads of malicious content, materials, data, text, images, video, or audio; or (i) things beyond our control, including acts of God (for example, weather-related phenomena, fire, earthquake, hurricane, etc.), riot, strike, war, terrorism, or government orders or acts. You should implement appropriate safeguards to secure your Device, computer, or equipment and to backup your information stored on each.
Dispute Resolution and Arbitration.
WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL CLAIMS OR DISPUTES IN ANY WAY RELATED TO OR CONCERNING THE Terms, OUR SERVICES, DEVICES OR PRODUCTS, INCLUDING ANY BILLING DISPUTES, WILL BE RESOLVED BY BINDING ARBITRATION, ACCORDING TO THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION, RATHER THAN IN COURT. This includes any claims against other parties relating to Services or Devices provided or billed to you (such as our suppliers, dealers, network providers, or third party vendors) whenever you also assert claims against us in the same proceeding. We each also agree that the Terms affect interstate commerce so that the Federal Arbitration Act and federal arbitration law apply.
For all disputes, you must first give us an opportunity to resolve your claim by sending a written description of your claim. We each agree to negotiate with each other in good faith about your claim. If we do not resolve the claim within 60 days after we receive this claim description, you may pursue your claim in arbitration. We each agree that if you fail to timely pay amounts due, we may assign you're account for collection, and the collection agency may pursue in court claims limited strictly to the collection of the past due amounts and any interest or cost of collection permitted by law or the Terms.
We each agree that (i) you may choose to pursue your claim in court and not by arbitration if your claim qualifies for small claims court proceeding; and (ii) if you fail to timely pay amounts due, we may assign your account for collection, and the collection agency may pursue in court claims limited strictly to the collection of the past due amounts and any interests, costs and/or expenses related to any such collection permitted by law.
No Class Actions
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.
No Trial By Jury
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.
You agree to indemnify, defend, and hold Tower Mobile and our subsidiaries, affiliates, parent companies, vendors, suppliers, network providers, and licensors harmless from any claims arising out of or relating to your actions, including, but not limited to, your use of the Service and any information you submit, post, transmit, or make available via the Service; failing to provide appropriate notices regarding location-enabled services (see "Location-Enabled Services" section); failure to safeguard your passwords, backup question to your shared secret question, or other account information; or violating this Terms or any policy referenced in this Terms, any applicable law or regulation, or the rights of any third party.
Safety and Security
Use your Device in a safe manner that does not create a risk to your safety or the safety of others around you. While driving, always use a hands-free device and never use your mobile phone to send text messages. Always use your Device in accordance with all applicable laws and regulations.
We are legally and contractually obligated to cooperate with law enforcement in the investigation of violations of law. We may disclose to law enforcement authorities and governmental agencies any information, including your name, account history, account information or other transmission data properly requested by law enforcement.
Providing Notice To Each Other Under The Terms
Except as the Terms specifically provides otherwise, you must deliver written notice to us by mail to Simplexity MVNO Services, LLC, Attn: Tower Mobile, 10790 Parkridge Blvd., Suite 200, Reston, VA 20191 or email to firstname.lastname@example.org. We will provide you notice by correspondence to email address you've provided us.
Subject to federal law or unless the Terms specifically provides otherwise, these Terms are governed solely by the laws Delaware, without regard to the conflicts of law rules. If either of us waives or doesn't enforce a requirement under the Terms in an instance, we don't waive our right to later enforce that requirement. Except as the Terms specifically provides otherwise, if any part of the Terms are held invalid or unenforceable, the rest of this Terms remain in full force and effect. These Terms are not for the benefit of any third party except our corporate parents, affiliates, subsidiaries, agents, network operators, and predecessors and successors in interest. You cannot assign the Terms or any of your rights or duties under it unless we agree to the assignment. We can assign the Terms without notice. You cannot in any manner resell Devices or Services to another party. You cannot export any Device. The Terms and the documents it incorporates make up the entire agreement between us and replace all prior written or spoken agreements. The rights, obligations, and commitments in the Terms that-by their nature-would logically continue beyond the termination of Services (for example, those relating to billing, payment, 911, dispute resolution, no class action, no jury trial) survive termination of Services.
TERMS RELATED TO SPECIFIC SERVICES
About Data Services & Content
Our data Services and your Device may allow you to access the Internet, text, pictures, video, games, graphics, music, email, applications, sound, and other materials ("Data Content") or send Data Content elsewhere. Some Data Content is available from us or our vendors, while other Data Content can be accessed from others (for example, third party websites, games, ringers, applications, etc.). We make absolutely no guarantees about the Data Content that you access on your Device. Data Content may be: (1) unsuitable for children/minors; (2) unreliable or inaccurate; or (3) offensive, indecent, or objectionable. You're solely responsible for evaluating the Data Content accessed by you or anyone through your Services. We strongly recommend that you monitor data usage by children/minors. Data Content from third parties may also harm your Device or its software. We are not responsible for any damage caused by any Data Content that you access through your Services, that you load on your Device, or that you request that our representatives access or load on your Device. You are aware that browsing the internet and sending SMS messages will transmit your Device telephone number over the web and that there are risks associated with the use of the such Services.
Specific Terms & Restrictions On Using Data Services
In addition to the rules for using all of our other Services, unless we identify the Service or Device that you have selected as specifically intended for that purpose (for example, a MiFi Device), you can't use our data Services: (1) with server devices or host computer applications, or other systems that drive continuous, heavy traffic or data sessions; (2) as a substitute or backup for private lines or frame relay connections; or (3) for any other unintended use as we determine in our sole discretion. We reserve the right to limit, suspend, or constrain any heavy, continuous data usage that adversely impacts the networks' performance or hinders access to the network. If your Services include Web or data access, you also can't use your Device as a modem for computers or other equipment, unless we identify the Service or Device you have selected as specifically intended for that purpose (for example, with broadband plans). Data Service is not available with Straight Talk Wireless Home Phone. Straight Talk Wireless Home Phones is not compatible with home security systems, fax machines, DVR services, credit card machines, medical alert services or High Speed or DLS Internet services.
UNLIMITED DOES NOT MEAN UNREASONABLE USE.
To ensure that all customers have access to reliable services provided at a reasonable cost, you may not use our Service in a manner that interferes with another Tower Mobile customer's use of our Service or disproportionally impacts the network resources. Tower Mobile reserves the right, without notice or limitation, to terminate individual calls, or after providing notice to you, offer you a different service plan with no unlimited usage components, limit data throughput speeds or quantities, or deny, terminate, end, modify, disconnect or suspend your service, or decline to renew your Service, if you engage in any of the prohibited voice or data uses detailed below or if Tower Mobile, in its sole discretion, determines action is necessary to protect the network from harm or degradation. Examples of Prohibited Voice Uses. Tower Mobile voice Services are provided solely for live dialogue between, and initiated by, two individuals for personal use and as otherwise described in this policy. Tower Mobile voice Services may not be used for any other commercial purposes including, but not limited to, conference calling, monitoring services, data transmissions, transmission of broadcasts, transmission of recorded material, interconnection to other networks, telemarketing, autodialed calls, other commercial uses, or other connections that do not consist of uninterrupted live dialogue between two individuals. Examples of Prohibited Data Uses. Tower Mobile data Services are provided solely for purposes of web browsing, messaging, and similar data activities. You may not use the data Service: (1) with server devices or host computer applications or other systems that drive continuous heavy traffic or data sessions, including, but not limited to, disproportionate web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections, peer-to-peer (P2P) file-sharing applications broadcast to multiple servers or recipients such that they could enable "bots" or similar routines; (2) as a substitute or backup for private lines or frame relay connections; (3) to send or receive unusually high numbers of messages; (4) to engage in atypical web usage behaviors; (5) for any activity that adversely affects the ability of other people or systems to use either our wireless services or other parties' Internet-based resources; and (6) for any other reason that, in our sole discretion, harms the network. UNLIMITED USE PLANS. If you subscribe to rate plans, services or features that are described as unlimited, you should be aware that such "unlimited" plans are subject to these Prohibited Network Uses and Tower Mobile's Terms.
Data Usage Charges
, You will be charged for data usage. Unless we specifically tell you otherwise, data usage is measured in bytes, kilobytes, megabytes ("MB"), and gigabytes-not in minutes/time. Bytes are rounded up to MB, so you will be charged at least 1 MB for each data usage session ("data session"). Rounding occurs at the end of each data session and sometimes during a data session. Depending on your data Services, usage may be charged against an allowance or on a fixed price per MB, and you may be subject to limitations on the amount of data usage. If you are charged on a fixed price per MB, any fractional cents will be rounded up to the next cent. You are charged for all data directed to your Device's Internet address, including data sessions you did not initiate, for incomplete transfers, and for Latent Data (as defined below). As long as your Device is connected to our data networks, you may incur data charges. Data used and charged to you will vary widely, even between identical actions or data sessions. Estimates of data usage-for example, the size of downloadable files-are not reliable predictors of actual usage.
Data records are usually applied to your account within 90 minutes of incurring the usage; however, there may be instances when usage is applied to your account later than 90 minutes after use due to a delay in record delivery from the carrier (Latent Data). Subscribers are responsible for all Latent Data usage charges.
Subscription Charges are charges that allow you access to a Service or provide you a certain amount of use of a Service for a defined period of time. Subscription Services begin upon active use of the assigned Device. Subscription Services end the earlier of the expiration of the duration of Services purchased (24 hours, 7 calendar days, 30 calendar days, etc.) or upon falling below a minimum threshold of 20MB. Also, depending on your Service, certain types of subscription charges may be assessed automatically upon activation and automatically assessed for subsequent subscription periods.
We also may charge additional fees for specialized requests or services related to your account. We always will keep copies of our pricing information on our website.
About Account Balances
To keep your account active and avoid service interruption, you must either maintain a balance equivalent to 10 minutes of talk time and/or 20 MB of data at all times or pay any applicable subscription charges, depending on your service plan (the "Required Balance"). We reserve the right to suspend Service on any Device whose account does not maintain the Required Balance. Account balances are not transferable, redeemable for cash, or refundable. Upon expiration of the plan term, any remaining balance shall expire and shall not be considered unclaimed property for escheatment purposes. Charges are deducted from either your account balance or you may be able to pay for certain services with a credit card or debit card. There may be limits on your account administration, for example account balance, number change, and device changes. See the detailed plan or other information we provide or refer you to during the sales transaction for the account status rules that apply to your Service.
Establishing or Replenishing Account Balances
Information on how you can establish and maintain an account balance will be provided at activation and is also available at https://my.towermobile.com/HelpCenter/HelpCenter. The replenishment methods available to you will depend on the terms of your Services. A fee may apply to certain replenishment methods. Some service plans may provide for automatic account balance replenishment through, for example, automatic billing to a credit card or debit card or automatic debit from an eligible account with a financial institution, as described below. Payment through these methods may be subject to limitations, including, but not limited to, the number of times an account may be debited or charged in a particular time period; the amount that may be debited or charged from an account; or other limitations imposed by us or the financial institution that holds the account.
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