Terms

Terms and Conditions of Service

These Terms and Conditions of Service (“Terms and Conditions”) govern the sale and delivery of wireless services, including wireless access to the internet (collectively, “Services”) to you by Mobi, Inc., a Hawaii limited liability company doing business as “Mobi.” Important: Please read these Terms and Conditions carefully. When you initiate service by attempting to place a call and/or beginning use of the Service on Mobi’s wireless network, you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, do not initiate service.


Rate Plans

We offer a variety of rate plans with different Services available for each plan. Our current rate plans are described at our website www.mobipcs.com. We will determine what types of Services and rate plans are available on a prospective basis, and may modify them from time to time. We will communicate any changes to your plan to you either by text messaging your mobile phone or by posting the changes on our website, or both. Notification or posting on our website will be made in advance of the change. Your prepayment for Services after we post the change on our website, or otherwise notify you of the change, shall be deemed your acceptance of and agreement to the change. We are not responsible for your failure to read any notice posted on our website or otherwise sent to you.


No Contract

No Contract means you are purchasing the Service on a month-to-month basis, and may cancel the Service any time without payment of an ETF.


Payments and Service Charges

You will prepay for Services on a monthly basis. Certain Services are “unlimited” in that they are included in your monthly rate plan such that we do not charge you based upon your usage (for example, unlimited local calls). Similarly, certain “add-on” products or services are not based on your usage. Likewise, taxes, fees and surcharges are applied to your monthly service plan and other “add-on” products or services (please see the taxes and fees of our website at www.mobipcs.com for more information). All prepayments for “unlimited” services and add-ons not based on usage are NON-REFUNDABLE. We charge for other Services (for example, international long-distance, directory assistance, and downloads) based upon your actual usage of such Services. At the completion of the term for which you have prepaid for Services, you will not be able to continue using your wireless phone or modem for Services until such time as you have prepaid for another month’s Services. There is no grace period. We will attempt to communicate with you (by text message or email) prior to the expiration of the period for which you have prepaid, to remind you that additional prepayment is required to continue using the Services. However, making additional prepayments prior to the expiration of such period is your responsibility and Mobi shall not be liable or responsible for any inconvenience, loss, or damage to you resulting from your inability to use the Services after the expiration of the period for which we have received prepayment. If the Services are terminated due to nonpayment, we may charge you an additional fee to reactivate your wireless phone or modem. We may charge you an administrative or convenience fee for processing monthly service fees and prepayments, depending on the method of payment you select. In addition, if your account remains inactive due to nonpayment for ten (10) days, your wireless phone number will be unavailable to you in the future as Mobi will reuse the number with another customer. If your account remains inactive due to non-payment for ten (10) days, you surrender any remaining funds in your Cash Card account. Mobi is not responsible for any overdraft fees that may occur when paying by credit or debit card. Please visit our website at www.mobipcs.com for a complete description of alternative payment methods and associated fees.


Automatic Bill Payment

Automatic Bill Payment (ABP) authorizes Mobi to charge your credit card and/or debit your bank account for any Monthly Recurring charges for the account on the Payment Due Date. In the event your credit card and/or bank account used to setup the ABP is cancelled, you agree to contact Mobi immediately and provide a new valid credit card and/or bank account for your automatic bill payment. If a bank account or debit card is authorized by you for ABP, you are responsible for making sure there is sufficient funds in your account to pay your Monthly Recurring charges. If Mobi is unable to process your automatic bill payment due to your credit card and/or bank account being cancelled or having insufficient funds, your account may be suspended and/or terminated and Mobi may take other actions against you as further described in this Terms and Conditions. You have the right to cancel automatic bill payment any time by contacting Mobi Customer Service.


Refunds and Returns

During the seven (7) days of your use of the Service, you may terminate the Service, return your mobile phone or modem and receive a full refund; provided that you have used less than thirty (30) minutes of air time, the phone/modem and all ancillary equipment (battery, charger, etc.) are all returned to us in “like-new” condition and with their original packaging, and you provide us with a proof of purchase.


Only one refund or exchange for a different model of phone during the first 7 days after initial purchase is allowed.


Termination of Service

We may terminate or suspend your Service at any time and for any reason without liability and without notice if we cease to provide service in your market. If you violate these Terms and Conditions, Mobi is not required to provide you with any notification before suspending or terminating your Service. Mobi’s products and Services are sold exclusively to you, the consumer and end user. Our rate plans, customer devices, Services and features are not intended for resale and violation of this is grounds for termination of Services.


You may terminate your use of the Services at any time. Prepaid amounts are not refundable except as expressly stated herein.


Limitations on Use of Service

Many factors beyond our control affect your ability to make and receive calls on your wireless phone and the quality of those calls. As a result, sometimes Service, including calls or attempted calls to emergency services like 911, may be interrupted or may fail, and the quality of calls may sometimes be poor. Mobi makes no representations or warranties about the quality or availability of the Services, and shall not be responsible for service interruptions. Similarly, there may be limitations to your ability to “roam” with your Mobi wireless device outside our nationwide service area, and Service may not be available to you outside our nationwide service area. You agree to hold Mobi harmless against any and all losses, claims, demands, and actions arising out of your use of, attempted use of, or inability to use, the Service. Mobi also takes no responsibility for interruptions to or inability to connect to or browse the Internet if that Service is available and made part of the service plan chosen by you.


You agree to comply with all applicable laws when using the Services and not to use the Services for or in connection with any illegal purpose. You agree to indemnify, defend, and hold harmless Mobi from any violation by you of applicable statutes, ordinances, laws, or regulations of any local, state, or federal authority. We may deny a request for Service from any customer or potential customer for any lawful reason.


Mobi reserves the right to manage our wireless network and the calls or communications made using our wireless network in the way we believe best benefits our customers and best enables us to maintain Service of the nature described in these Terms and Conditions. We may also suspend or terminate Service to any customer if we have reason to believe that the customer is using our Service in an abusive manner or in a manner that interferes with our ability to provide Service to our other customers. Thus, we reserve the right to discontinue service to customers, or to discontinue or block service to certain telephone numbers or categories of services, which our experience indicates may result in interference to our ability to provide Service to our other customers. For example, Mobi Service is not intended for use (i) by persons seeking a dedicated private line or access line to the Internet, (ii) by persons seeking to establish an access point for intra-company PBX services, (iii) by persons seeking to provide a commercial or private dispatch service, or (iv) by persons seeking to access multi-party chat-line services or other similar multiple voice bridging services in which two or more incoming callers may be connected simultaneously with or without pre-arrangement.


Mobi also reserves the right to block, or prevent access to certain prefixes such as 9xx, 7xx, 5xx, and 8xx from being dialed as well as other numbers that Mobi determines in its sole discretion are inconsistent with appropriate use of the Service. Although it is illegal for unauthorized people to intercept wireless phone calls intended for others, Mobi cannot guarantee the complete privacy of your calls. Mobi shall not be liable to you or to any third party for any interception by third parties of communications from its network.


The Service may not be used for: telemarketing, commercial research, or commercial data collection; any fraudulent, obscene, illegal, harassing or abusive purpose; dispatch services; large volumes of unsolicited voice, text, e-mail, or other transmittals (for example, anything Mobi in its sole discretion determines could be considered unsolicited commercial communication); or in a manner that interferes or causes problems with the operation of Mobi’s wireless network. You must use a Mobi approved mobile phone when using the Services. We may disconnect any calls and terminate any Services made with non-Mobi issued phones or phones reconfigured by Mobi. You may not resell the Service. In addition, the voice Service is designed primarily for two-way voice communications between live people and may not be used to transmit data, or for any other one-way transmission application other than data services expressly offered to you by Mobi.


Services

Mobi may from time to time offer optional additional services such as providing you, for a fee, with the option of downloading games, ring-tones, and other products or services from the Internet via a service provider. If you purchase such additional services, they may not be available at all times. Mobi shall neither be liable nor responsible for any damages should you not be able to access or use the additional services at all times.


About SMS - Text Messaging

Your phone and rate plan may allow you to send or receive text messages (sometimes called SMS). You are responsible for all text messages you send and you agree to hold harmless and indemnify Mobi from all claims, demands, liabilities, losses, or damages to the extent any text messages from your phone are alleged to have caused or actually do cause damage to other persons. Mobi also offers a text messaging service, which allows promotional partners, associated companies, and us to send informational text messages to our subscribers. You consent to receiving advertising, alerts, and other broadcast messages from us, promotional partners, and associated companies. You accept SMS messages from promotional partners and associated companies by not “opting-out” of that particular text message service on the promotional partner’s or associated company’s website or through your phone. You acknowledge that messages sent by other companies to your device is not under the control of Mobi and that Mobi neither reviews nor approves the information contained therein. Mobi shall not be liable to you or any other person for errors or omissions in any text messaging originating from promotional partners or associated companies.


About Data Services

Your phone and rate plan may allow you and your device to access the Internet, text, pictures, video, games, graphics, music, email, sound, and other materials (“Data Content”) or send Data Content elsewhere, all for additional fees that may be applicable. Some Data Content is available from us or our vendors, while other Data Content can be accessed from others (third party websites, games, ringers, etc.). We make absolutely no guarantees about the Data Content you access using your Mobi device. Some Data Content may be: (1) inappropriate or unsuitable for children/minors; (2) unreliable or inaccurate; or (3) offensive, indecent or otherwise objectionable. You are solely responsible for evaluating the Data Content accessed by you or anyone on your account, and assume all risks associated therewith. We strongly recommend you carefully monitor Data Content used/viewed by children/minors. Data Content from third parties may also potentially harm your device or its software. To protect our network, Services, or for other reasons, we may place restrictions on accessing certain Data Content (such as certain websites, applications, etc.), impose separate charges, limit input or the amount of data you can transfer, or otherwise limit or terminate Services. You may not be able to make or receive voice calls while using data Services.


Safety

Always use your wireless phone in a safe manner that does not create a risk to your safety or the safety of others around you. It can be dangerous, and in some jurisdictions illegal, for you to use a wireless phone while driving. In some counties in Hawaii and/or on the Mainland it is illegal to use any handheld device while operating a motor vehicle.


Emergency Calls and 911

All calls to 911 require a wireless signal and wireless service. If your device is searching for a wireless signal or there is no wireless service, a call to 911 or any other emergency first responder will not be completed. Text-to-911 is not enabled by Mobi and any text, SMS, IM or other text-based and non-call messages to 911 will not be received by emergency services. In an emergency situation, locate a landline telephone and dial 911 for emergency services. Unlike landline phones, wireless devices rely on a variety of factors to furnish 911 operators with your phone number, your location and the physical location of your device. Where available, Enhanced 911 (E911) uses GPS technology to provide location information to emergency services. PUBLIC SAFETY OFFICIALS ALWAYS RECOMMEND YOU PROVIDE YOUR EXACT PHYSICAL LOCATION INFORMATION WHEN MAKING CALLS TO 911.


Your Cellular/Modem Phone Number

We will assign a phone number (the “Number”) to your wireless phone or modem. You do not own or have any rights with respect to the Number or any personal identification number (“PIN”) that you may use in connection with your Service. We can change, reassign, or eliminate any Number or pin by giving you notice. If your account is suspended, terminated or deactivated, we can assign the Number without giving you any notice. Mobi makes no guarantee that the number assigned to your phone may be ported into another wireless telephone service provider’s network should you decide to discontinue your Service with Mobi. If the number assigned to your plan by us can be ported to a new wireless telephone service provider, porting can only take place if you have an active account with Mobi. Service with Mobi is then discontinued after your new wireless service provider has ported your number into their system. You may be required to purchase a new wireless telephone from the new wireless telephone service provider and you may be without service for some period of time. We may charge a fee to reimburse us for the costs we incur to meet the equipment, technology, and infrastructure requirements necessary to enable number porting. We may also charge a fee to reimburse us for the costs we incur to perform a port.


As a standard service feature, Mobi transmits your telephone number with each call you make from your Mobi phone. Your telephone number or name may be displayed on the telephone of the party called if that person uses caller identification. Your telephone number and location may also be transmitted to public safety officials if you dial 911 or other emergency service numbers. Your number for most calls can be blocked on a call-by-call basis by dialing *67 before the telephone area code and number. In addition, you may elect to have your number permanently blocked, at no charge, by sending a request in writing to: Mobi, PO BOX 4150, Honolulu, HI 96812.


Disclaimer of Warranty

Mobi does not manufacture wireless phones, modems, or related accessory equipment. Your wireless phone, modem, and related accessory equipment come with a separate written warranty from the manufacturer. Statements by Mobi or Mobi employees and agents regarding the wireless phone, modem, or related accessory equipment should not be interpreted as a warranty by Mobi. Mobi makes no representations or warranties, express or implied, about your wireless phone, modem, or any related accessory equipment, including, without limitation, any implied warranty or merchantability or fitness for a particular purpose. In no event shall Mobi be liable for actual, incidental, indirect, special, treble, punitive, consequential or other damages (including lost revenues, lost profits, or other loss by you) arising from the manufacture or warranty of the wireless phone, modem, or related accessory equipment. This disclaimer does not deprive you of any rights you may have against the manufacturer.


Limitation of Liability

In connection with the Services or our relationship with you, neither Mobi nor any of its members, officers, employees, contractors or agents (the “Mobi Parties”) shall be liable for any special, indirect, incidental, punitive, exemplary, multiple, or consequential damages of any nature whatsoever, and you expressly waiver your right to make claims for such damages. In no event shall the Mobi Parties’ liability hereunder, regardless of the legal or equitable theory, include lost profits, loss of business, or cost of replacement products and services, and in any event shall not exceed the lesser of: (A) your direct damages or (B) one month’s service charges for your rate plan.


Services for the Hearing and Speech Impaired

TTY (also known as TDD or Text Telephone) is a telecommunications device that allows people who are deaf or hearing-impaired or who have speech or language disabilities to communicate by telephone. If you have a digital wireless phone that is TTY-compatible, it is possible to make calls, including 911 calls, with a TTY. If you have questions concerning the capabilities of your wireless phone, please contact a Mobi service representative at *611 from your Mobi phone, or (808) 723-1111.


Risk of Loss or Damage to Wireless Phone

Upon your acceptance of delivery of your wireless phone or modem, all risk of loss, damage, theft, or destruction of your phone or modem is borne by you. In the event of any loss, damage, theft, or destruction of your phone/modem, in whole or in part, you are responsible for purchasing a replacement phone/modem from Mobi at your expense, and you shall not be entitled to a refund of prepaid amounts for services. Phone replacement insurance may be available. Please contact a Mobi service representative at *611 from your Mobi phone or (808) 723-1111 for more information.


Nationwide Service Area

Mobi’s service is provided on the Hawaiian Islands and the mainland (“Nationwide”) on our wireless partner’s nationwide LTE network. Calls originating on this Nationwide network to locations outside of this Nationwide network are considered long distance calls. Calls originating outside of this Nationwide network will require roaming and additional charges and fees may apply.


Coverage and Roaming

Mobi does not guarantee coverage or service availability. Coverage maps are available at www.mobipcs.com, but they are only high-level representations based on computer-generated radio-frequency propagation projections. Factors such as terrain, weather, signal strength, traffic volumes, service outages, network changes and equipment failure may interfere, limit or otherwise restrict Mobi’ actual coverage. While Mobi’ coverage area is the coverage area of our partner’s Nationwide LTE network, Mobi also offers roaming services (“Roaming”) to those areas both inside and outside of the United States that are not part of the Nationwide network. Roaming, if and when available, is subject to additional usage charges.


Notices

We reserve the right to provide notice to you by telephone, text message, or voicemail service. We may also, at our option, provide you with notice by email or by written means. Any such notice will be treated as effectively provided to you when text messaged to you, left with you on your phone or on your answering/voicemail service, or emailed to you. Any notice that Mobi mails to you will be deemed provided to you when Mobi deposits the notice into the United States mail, postage prepaid, addressed to you at your last known address as shown in our billing records. Your notice to us shall be deemed given when actually received by us, whether by telephone, mail, or other means to: Mobi, PO BOX 4150, Honolulu HI 96812; phone number *611 from your Mobi phone or (808) 723-1111.


Privacy

At Mobi we take your privacy seriously. Please review our privacy policy on our website at mobipcs.com, or you may contact us at the address below to request a written copy of our privacy policy.


Mobi, Inc.

Post Office Box 4150

Honolulu, Hawaiʻi 96812-4150


Our privacy policy is incorporated in these Terms and Conditions by reference. In providing service to you, Mobi may receive information classified as “customer proprietary network information” (CPNI) under federal law that is considered confidential, such as information regarding your usage of the Service, the technical configuration of such service, the destination of telephone calls you make and the type of services you purchase. You have the right, and Mobi has the duty, under federal law, to protect the confidentiality of CPNI. Mobi may use this information for certain purposes without further disclosure or consent, including the following: to provide you service; to market service offerings to you related to the Services you purchase; or to protect you, other Mobi users, Mobi and other carriers from fraud, abuse, or unlawful use of its Service. Mobi also may share such information with its affiliates that provide communications-related services and third-party agents for the limited purpose of making available to you communications-related offers and information that may be of interest to you. However, we will contact you prior to disclosing any CPNI to our affiliates or third party agents, and you have the right under federal law to request Mobi not to disclose your confidential information for this purpose at any time, and Mobi has the duty to honor any such request. You may “opt-out” of disclosure of your CPNI to Mobi affiliates and third-party agents for this purpose by writing or calling us at Mobi, PO BOX 4150, Honolulu HI 96812, phone number *611 from your Mobi phone, or (808) 723-1111. Opting-out will not affect the provision of Service by Mobi to you, and any election by you to opt out of the use of CPNI outside of the service to which you already subscribe will be valid until you affirmatively revoke or limit such election. Additional provisions regarding our use of CPNI and other subscriber information is set forth in our Privacy Policy.


Data Usage

The Services and data on our devices allows you to use Mobi’s 3G/4G network to access the internet wirelessly from anywhere the Nationwide network is available. The Service may only be used with Mobi approved data cards and devices. Due to the nature of the technology, abuse of the Service by one customer will cause diminished availability of the Service to other customers. Mobi wants the Service to be available to you and all of our customers at all times. This means Mobi will not tolerate any use of the Service that significantly diminishes the availability or service quality for other users. It is considered an abuse of the Service to continuously transmit large amounts of data over the Internet or reselling of the Service. It is also an abuse to use the Service in violation of any laws or regulations (for example, illegal downloading of copyrighted material and unsolicited commercial email or SPAM). In order to ensure that customers are not abusing the Service, Mobi may monitor your usage. Mobi reserves the right, without notice, to temporarily limit throughput speeds when monthly data usage exceeds your stated monthly data plan threshold or 8GB on Hele or Unlimited plans without tier levels specified. Customers will still have access to unlimited wireless broadband usage but maximum speeds may be limited to 128kbps or below for the remainder of the monthly plan cycle.


Responsibility

At Mobi we recognize that parents or adult family members may sometimes desire for a minor under their supervision to use the Services. The parent, guardian, or adult shall at all times be responsible for the minor’s use of a Mobi phone/modem and the Services, and shall indemnify, defend, and hold harmless Mobi from and against any and all losses, claims, and liabilities arising from or related to any such minor’s operation of the mobile phone/modem and use of the Services. This obligation includes, without limitation, responsibility for ensuring the mobile phone/modem and Services are not used for any illegal, improper, or offensive purposes, responsibility for any injury to the minor and financial responsibility for all Services used. All usage of Services by minors is subject to these Terms and Conditions.


General Provisions

We may modify these Terms and Conditions at any time with or without notice. Our current Terms and Conditions are available at our website at www.mobipcs.com. If we waive any portion of these Terms and Conditions, the waiver will not be treated as a waiver by us of any other provision, or of our right to enforce the provision we previously waived for any later violation. Section headings in these Terms and Conditions are for descriptive purposes only and will not be used in interpreting or limiting the legal effects of these Terms and Conditions. You may not transfer or assign all or any part of your rights and obligations under these Terms and Conditions, or your Service, without our prior written approval. Mobi may transfer or assign its rights and obligations under these Terms and Conditions in whole or in part without giving you notice or obtaining consent from you, other than as may be required by law. Upon its transfer or assignment, Mobi shall be released from all liability with respect to its provision of Services. These Terms and Conditions are not for the benefit of any third parties except our affiliates and subsidiaries, the Mobi Parties, and any person or entity to whom we transfer or assign these Terms and Conditions.


Dispute Resolution

PLEASE READ THIS CAREFULLY – IT AFFECTS YOUR RIGHTS.


All customer concerns should first be directed to Mobi’ Customer Care department or by speaking to a representative at one of our retail and payment locations. If Mobi is unable to resolve a dispute to your satisfaction, you and Mobi acknowledge and agree to try and resolve the dispute in good faith after you send formal written notice to Mobi of the dispute. If the dispute is still not resolved to your satisfaction, you and Mobi agree that the dispute will be resolved in accordance with the laws of the State of Hawaii and any applicable federal laws through individual binding arbitration or small claims court instead of courts of general jurisdiction. If any provision in these Terms and Conditions is declared to be illegal or in conflict with any law, rule, or regulation, that provision may be deleted or modified without affecting the validity of the other provisions of these Terms and Conditions. Any and all disputes arising shall be resolved exclusively in Honolulu, Hawaii, to the exclusion of all other possible venues or locations. We both waive our right to participate in a jury trial, class action or representative action in any such proceeding. The prevailing party in any litigation shall be entitled to recover its reasonable costs of suit and attorneys’ fees. All provisions of these Terms and Conditions which by their nature are intended to survive termination of the Services to you (for example, disclaimers, limitations of liability, and indemnity provisions) shall survive such termination.

Customer Service

If you have any questions regarding your Service or information in these Terms and Conditions, you may call our Customer Service Center at *611 from your Mobi phone or 808 723-1111.