Madstar collects and maintains personal information such as contact and identification information (for example, name, address, telephone number, email address, identification numbers, etc.), and information related to your wireless account(s).
We use public data and information you provide in order to establish, develop, and maintain our business relationship with you. It allows us to process your enrollment, and generally fulfill our obligations to you as your wireless carrier, to inform you of other products and services available from Madstar Mobile or selected third parties, to respond to your comments or requests, to comply with applicable law or regulatory requirements, and to perform any other reasonable purpose to which you consent.
Your information may be disclosed in connection with the foregoing, in case of an emergency, to protect our rights, and to our online partners and third parties that provide services to us or otherwise assist us in providing services to you, as permitted or required by applicable law or regulatory requirements, in the event of a change of ownership, merger, or the sale of all or substantially all of our assets or other business combination, and to any other party with your consent. We may also use or disclose your information without your knowledge and consent where we are permitted or required to do so by applicable law or regulatory requirements.
Madstar Mobile considers the information you provide us as confidential and does not sell, share, rent, or trade your personal information to anyone whatsoever!
The security of your personal information is important to us. We use generally accepted industry standard security measures to prevent the disclosure of your personal information except for providing our services and as outlined above. We may also track and analyze Internet addresses for trends and statistical purposes, and for fraud prevention, however this information alone will not allow us to identify who you are. No data transmission over the Internet can be guaranteed to be absolutely secure. Although we do our best to protect your personal information, we cannot guarantee or warrant the security of any information you provide, and you do so at your own risk.
TERMS & CONDITIONS
General Terms & Conditions of Service – Effective February 11th 2015
Madstar Mobile General Terms and Conditions of Service
Thanks for choosing Madstar Mobile LLC. (“Madstar”) These Terms and Conditions are part of your agreement with Madstar for your mobile service (“Service”).
If you have questions please call Madstar Mobile’s Customer Service at 844.MADSTAR (6237827).
Please note that these terms are subject to change at any time and these terms herein may not be the most current version. A current version of the terms may be available at madstarmobile.com/terms or upon request. For further information on Madstar Mobile plans, products, and services go to https://MadstarMobile.com or email smile@MadstarMobile.com.
In this document: (1) “we,” “us,” “our,” and “Madstar” mean Madstar Mobile LLC., as providing the Products and Services; (2) “you,” “your,” “customer,” and “user” mean an account holder or user with us; (3) “Device” means any phone, aircard, mobile broadband device, satellite service and/or 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 references these General Terms and Conditions of Service (“Terms”). (5) “Policies” refer to the standard procedures and practices employed by Madstar to conduct business in a lawful and reasonable manner consistent with sound business practice and applicable laws and statutes.
The Service Agreement
These Terms are part of your service agreement with us (the “Agreement”) and constitute a contract under which we provide you Services under terms and conditions that you accept. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION WITH A CLASS WAIVER, A REPRESENTATIVE ACTION WAIVER, AND A JURY WAIVER PROVISION. In addition to these Terms, there are several parts of the Agreement, which includes but is not limited to the following: (i) the subscriber agreement and transaction materials that you receive and accept; (ii) the plan(s) that you chose as set forth in our written services and transaction materials that we provide or refer you to during the sales transaction, including on-line and telephone transactions (if your service plan is not specifically set forth in any in-store brochure or printed materials, the requirements and terms set forth in the current written Agreement and transaction materials apply); (iii) any confirmation materials that we may provide to you; and (iv) the terms set forth in the coverage map brochures. It is important that you carefully read all of the terms of the Agreement.
Additional terms will apply when you use certain applications, programs, Devices, and services, and these terms will be provided to you prior to , or upon, your use of the items. Depending on who provides the items, the terms may come from Madstar 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. Madstar is not responsible for these third-party items and associated terms, and those rights do not effect rights and causes arising from these Terms between you and Madstar.
Services are subject to our business policies, practices, and procedures. You agree to adhere to all of our Policies when you use our Services. Our Policies are subject to change at any time with or without notice.
You may choose any Service Plan for which you qualify. Your Service Plan may be for a fixed length or may be month-to-month. Services and coverage under some Service Plans may be more limited as compared to other Service Plans. Your Service Plan sets out the charges for Service and is your Service Plan until that Service Plan is changed; you switch to a different Service Plan; or your Service terminates.
When You Accept The Agreement.
You must have the legal capacity to accept the Agreement. You accept the Agreement when you do any of the following: (a) accept the Agreement through any printed, oral, or electronic statement, for example, on the Web by electronically marking that you have reviewed and accepted; (b) attempt to or in any way use the Services; (c) pay for the Services; or (d) open any package or start any program that says you are accepting the Agreement when doing so. If you don’t agree or want to accept the Agreement, don’t do any of these things.
You must be at least 18 years old to subscribe to our Service. To activate the Service, you must both activate your account and establish an appropriate payment method to pay for pay-per-use charges and applicable subscription charges (defined in the “Types of Charges” section) 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; at Madstarmobile.com; or through Madstar Customer Care.
The provision of Service may require the sharing of information with vendors and agents. We reserve the right to decline to provide Service to you for any reason. Some services may not be available or may operate differently in some locations. Please be advised that service may not be available in all areas. The purchase of Madstar phones or other equipment is not a guarantee of Service.
Our Right To Change The Agreement & Your Related Rights
We may change any part of the Agreement 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. If you lose your eligibility for a particular rate plan or if a particular rate plan is no longer supported or available, we may change your rate plan to one for which you qualify. We will provide you notice of material changes—and we may provide you notice of non-material changes—in a manner consistent with this Agreement (see “Providing Notice To Each Other Under The Agreement” section). 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. Do not access or use our Services after the effective date of a change if you decide to reject the change and terminate Service. 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 Agreement.
Our Right To Suspend Or Terminate Services
We can, without notice, suspend or terminate any Service at any time for any reason. For example, we can suspend or terminate any 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 operations; (e) using/suspicion of using Services in any manner restricted by or inconsistent with the Agreement and Policies; (f) breaching, failing to follow, or abusing the Agreement or Policies; (g) modifying a Device from its manufacturer specifications (for example, rooting the device); or (h) if we believe the action protects our interests, any customer’s interests, or our networks.
Your Right To Change Services & When Changes Are Effective
The account holder can typically change Services upon request. In some instances, 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 may, but are not obligated to, provide you the opportunity to authorize someone else to make changes to your Services. You are responsible for any changes to your Services made by a person you authorize, and those changes will be treated as modifications to this Agreement.
Restrictions On Using Services
We may require you to provide proof of your age and identity. Services and equipment may not be used for any unlawful, fraudulent or abusive purpose. By using the Service, you attest to being 18 years old, and agree that you will not use the Service and equipment in any unlawful, fraudulent or abusive manner. You may not resell or lease Service or equipment to anyone.
You can’t use our Services: (a) in a way that could cause damage or adversely affect any of our other customers or our reputation, networks, property, or Services; or (b) in any way prohibited by the terms of our Services, the Agreement, or our Policies. You cannot in any manner resell the Services to another party. For additional restrictions on the use of our Services, see our Acceptable Use Policy and Visitors Agreement, which are available on our website, and the detailed plan or other information on Services that we provide or refer you to during the sales transaction.
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 the Prohibited Network Uses detailed below.
Prohibited Network Uses. To ensure that the activities of some users do not impair the ability of our customers to have access to reliable services at reasonable costs, you may not use our services in a manner that is unlawful, infringes on intellectual property rights, or harms or unduly interferes with the use of the network or systems. Madstar Mobile reserves the right, without notice or limitation, to terminate, end, modify, disconnect or suspend service if an individual engages in any of the prohibited voice or data uses below or if Madstar, in its sole discretion, determines action is necessary to protect its wireless networks and/or customers’ service experience from harm or degradation.
Example of Prohibited uses: Voice services are provided solely for live dialogue between, and initiated by, individuals for personal use & as otherwise described in this policy. Voice services may not be used for any other purposes including, but not limited to: conference calling, monitoring services, transmission of broadcasts or recorded material, interconnection to other networks, telemarketing, auto dialing, other commercial uses or connections that do not consist of live dialogue between two individuals. We will presume certain usage, dialing, or calling patterns indicate that you are not using for your personal use and we reserve the right to suspend, terminate or restrict your services.
Our "unlimited" plans do not mean we will allow high unreasonable usage. In our sole discretion, Madstar may investigate, suspend, terminate or limit services for risk from fraud and/or unreasonably high usage. We consider usage to be unreasonable when a mobile device uses more than double the average Madstar customers usage on the same or similar plan, in the same or similar geographic location. Unlimited does not mean unreasonable!
Your Device & Numbers
Phones and other equipment may be purchased and returned as provided in the purchase documents and our return policy (see “Equipment Return Policy”).
We don’t manufacture devices that are associated with our Services, and we aren’t 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. Device performance may vary based on device specifications (for example, a device’s software, memory, and storage), and device performance may impact access to all of our Services. Devices are sold initially with your intent for use with our Wireless Service. If you seek to change service we will not block your efforts to move to an alternative carrier and will assist the process using reasonable haste within our regular business hours. Any warranty sold to you by Madstar will contain a contract with a third party. Madstar disclaims any representations made by any third parties.
We assign a phone number (“Number”) to the phone or other equipment used by you on the Madstar Mobile Network. As long as you are in good standing with these Terms and are current in payment, you have the right to port/transfer your phone number to another carrier. However, this right to transfer the number is limited property interest and does not imply general ownership rights to the number. You have no—and cannot gain any (for example, through publication, use, etc.)—proprietary, ownership, or other rights to any phone number, identification number, email address, or other identifier that we assign to you, your Device, or your account. Upon area code changes or other circumstances outside our control, the Number may change. We’ll notify you if we decide to change or reassign them. We will act with reasonable haste to assist in the transfer of your phone number and both parties acknowledge that the industry accepted time allowance for this procedure is one year following initial activation.
Porting/Transferring Device Numbers
You may be required to pay a non-refundable fee when you have us switch a phone number from another account or carrier to your mobile device or phone. Details on any applicable fees are set out in your Service Plan or can be obtained by calling Madstar Customer Service 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.
Coverage; Where You’re Device Will Work; Service Speeds
Madstar will maintain best efforts to make available at point of sale and on the madstarmobile.com website maps depicting approximate domestic coverage. To enable consumers comparisons among carriers, these maps will be generated using generally accepted methodologies and standards to depict the carrier’s outdoor coverage. All such maps will contain or link to an appropriate legend concerning limitations and/or variations in wireless coverage and map usage, including any geographic limitations on the availability of any services included in the plan. Coverage isn’t available everywhere. Coverage and Service speeds are not guaranteed. Coverage is 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 both within and beyond our control (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 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.
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 or cell tower owners. There are NO additional charges or fees for the expanded coverage via roaming. Please make sure "roaming" is enabled on your mobile device. These agreements may change from time to time, and roaming coverage is subject to change without notice. Your ability to receive roaming coverage depends on the radio transmissions your Device can pick up and the availability of roaming coverage. We make no guarantee that roaming coverage will be available. Roaming coverage may exist both within and outside our network coverage areas. Your Device will generally indicate when you’re roaming. Depending on your Services, separate charges or limits on the amount of minutes used while roaming may apply. Certain Services may not be available or work the same when roaming (for example, data Services, voicemail, call waiting, etc.). For information on whether roaming applies, see your service plan details.
There are NO additional charges or fees whatsoever for the expanded Madstar coverage via roaming. Depending on the device, you may need "roaming" enabled on your mobile device.
Text Messaging (SMS)
Text messaging is not available on all phone models. You are charged according to your chosen plan and/or for all incoming and outgoing text messages. International text messaging will be billed at international text rates.
As a Madstar Mobile customer you may receive periodic account alert announcements via text message to your mobile phone. These text messages are provided to keep you informed about topics specific to your account, such as your bill status, plan limits, and account upgrades. For further information call MADSTAR Customer Service at 844.623.7827.
Madstar Mobile reserves the right to provide or refuse international service for Calling/Texting/Data in our sole discretion. You agree not to use technology to circumvent any restrictions on international service put in place by Madstar Mobile. Madstar may offer individual customers limited access to international calling, dialing or texting in exchange for a security deposit, for a limited time, by prepay, from third parties and/or at prescribed rates indicated on an international calling schedule available on request. If no rate is indicated, the default rate agreed for international charges is $1.00 USD per minute of calling/dialing or per incoming or outgoing text message. Under no circumstances will Madstar Mobile be obligated to extend these services to any customer and any limited offer of these services does not form a course of dealing or precedence which entitles a customer to continued provision of such services.
Madstar Mobile may refer customers to various Wi-Fi services that will work in conjunction with Madstar’s Services and/or devices. The customer acknowledges that these are not programs or services provided by Madstar Mobile and that Madstar Mobile cannot guarantee the safety of the customers privacy or the integrity of the companies offering said programs or services. Madstar Mobile has provided these as common sense alternatives to international communication.
We will not complete calls from your number to 900, 976 or similar numbers for pay-per-call services.
About Data Services & Content
Accessing the Internet and checking email with your mobile phone (“Data Services”) requires a data-compatible phone. Your handset model will determine the type of Data Services available. Smartphone customers are required to maintain a Data Services plan. When Internet browsing, you are charged for the amount of data transferred (e.g. KB, MB). Use of Data Services is subject to any memory, storage or other equipment limitation. Madstar does not guarantee access to Data Services or uninterrupted browsing. Domestic Data Services may not be available when you are roaming off the Network.
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. Federal and/or State laws may determine that certain data 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 and you will agree to abide by any laws regarding discretion of data usage.
Madstar has the right to change data speeds and may do so without notification to customer at any time customers use is deemed in violation of terms and conditions, customer has paid for lesser data plan speeds, customer’s use is abusing service as determined in our sole discretion. In addition to the cost of the Mobile Content, you will also be charged for the amount of data transferred (e.g. KB, MB) during Web Browsing while downloading your purchased item. If your phone needs to be replaced, any previously downloaded items must be downloaded and purchased again. Ringtones and graphics are protected, copyrighted materials and may only be used for individual, personal use and may not be copied, transferred or distributed without the prior written consent of the content owner.
Data Content from third parties may also harm your Device or its software. We are not responsible for any Data Content. 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.
To protect our networks and Services or for other reasons, we may place restrictions on accessing certain Data Content (such as certain websites, applications, etc.); impose separate charges; limit throughput or the amount of data that you can transfer; or otherwise limit or terminate Services. If we provide you storage for Data Content that you have purchased, then we may delete the Data Content without notice or place restrictions/limits on the use of storage areas. Data Content stored on a Device, transmitted over our networks, or stored by Madstar may be deleted, modified, or damaged. You may not be able to make or receive voice calls while using data Services. Data Content provided by our vendors or third parties is subject to cancellation or termination at any time without notice to you, and you may not receive a refund for any unused portion of the Data Content. Data Service is not intended to provide full-time Internet connections, and may be discontinued after a period of inactivity or after excessive usage. Madstar reserves the right, in its sole discretion, to limit data transfers or deny or terminate Data Services without notice to protect users or the network
Specific Terms & Restrictions On Using Data Services
In addition to the rules for using all of our other Services, unless we identify the Services of Device that you have selected as specifically intended for that purpose (for example, wireless routers, Data Link, etc.), 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 our networks’ performance or hinders access to our networks. 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 “phone as modem” plans, mobile broadband card plans, wireless router plans, etc.).
In instances of Service usage that we deem high or excessive, we may attempt to charge your registered payment method in the middle of the billing cycle for all or a portion of the accumulated billing resulting from this usage.
Examples of Prohibited Data uses: Madstar data services are intended to be used for web surfing, sending and receiving email, photographs and other similar messaging activities or downloading of files. Our data services may not be used to disrupt email use by others using automated or manual routines, including, but not limited to “auto-responders” or cancel bots or other similar routines; online gaming, continuous video streaming, to transmit or facilitate any unsolicited or unauthorized advertising, telemarketing, promotional materials, “junk mail”, unsolicited commercial or bulk email, or fax; or for activities adversely affecting the ability of other people or systems to use either Madstar’s wireless services or other parties’ Internet-based resources, including, but not limited to, “denial of service” (DoS) attacks against another network host or individual user.
If Madstar provides you software as part of the Service and there are not software license terms provided with the software (by Madstar or by a third party), then Madstar grants you a limited, revocable, non-exclusive, non-transferable license to use the software to access the Services for your own individual use at your own risk. 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. Madstar may revoke this license at any time.
Fees, Activation & Miscellaneous Charges
Based on our Policies, 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.
From time to time, Madstar may make certain special offers available to select new customers. These offers may not impact or be used by current customers unless otherwise specified.
From time to time, Madstar may amend the prices to the various plans that are offered. Madstar maintains a pricing policy on it’s website that reflects the current available plans and offerings. If the plan that you are on is removed or updated Madstar will notify you of these changes. If you are on a recurrent payment plan you will be automatically be switched to a comparable plan. If you choose to disconnect during a month in which Madstar has changed the details of your pricing plan you can terminate your agreement without any termination fees.
Suspension, Termination, and Failure to Pay
Madstar’s standard contracts are on a month-to-month basis in alignment with our general philosophy against long term contracts. If you are on a month-to-month Plan, you may terminate Service at any time by giving us notice. We may terminate Service at any time, with or without notice. We may deactivate a Number before you receive notice of termination (if we give any notice) to protect from fraud or misuse without incurring liability. Termination by either of us may be with or without cause. You must pay all charges for Service provided before termination of a number and equipment, regardless of who terminates Service. Payment of monthly charges is NOT PRO-RATED for suspended or terminated service agreements. Madstar will assess and charge a fee for late payments of service charges. MADSTAR WILL SUSPEND AN ACCOUNT IMMEDIETLY UPON FAILURE TO PAY. Failure to pay is defined by an occurrence where the method of payment provided by you has been declined or refused by the payment system used by Madstar to bill your chosen payment method.
Exception, Phone Leases
If you enter an agreement to lease, lease to own, or rent a phone with Madstar, you acknowledge that such an agreement is additional and distinct from the provision of service for wireless communication provided by Madstar to your Device and this Agreement. No other paragraph or clause under these terms and conditions allows you to terminate your lease agreement and at will is not applicable to your agreement with Madstar. If you enter a phone lease with Madstar Mobile that agreement has a separate contract with additional terms and conditions.
Exception, Contract Buyouts
If you enter an agreement to allow Madstar to buy out a previous contract you maintained with a different carrier then you acknowledge such an agreement is additional and distinct from the services provided by Madstar to your Device and this Agreement. No other paragraph or clause under these terms and conditions grants you any to terminate your lease agreement and at will is not applicable to your agreement with Madstar. If you enter a phone lease with Madstar Mobile that agreement IS A CONTRACT and an exception to Madstar mobile’s NO CONTRACT POLICY.
Disconnection/Reconnection Following Suspension
If your service is disconnected by Madstar for cause, such as failure to pay, Madstar has exclusive discretion as to whether to reactivate the service and/or to allow porting the number out. If you fail to pay within 6 days your account may be terminated. Madstar may hold your phone/device and number until payment is made in full. Madstar will charge a disconnection fee for termination for failure to pay or for disconnection because of termination for any other breach of this agreement. If you pay Madstar reconnects a disconnected service there is a fee that will be assessed. If your account is disconnected then YOU WILL LOSE YOUR TELEPHONE NUMBER and Madstar will not be able to restore it upon reconnection or transfer it to another service provider. There is no guarantee that your device will be reactivated with the same number after being reconnected from a suspension.
The types of charges that you incur will vary depending on the Service used and your service plan. You must pay, by each invoice due date, all charges for services provided for the Number for each phone or other equipment that our records show you activated no matter who actually uses or has possession of the phone or other equipment at the time services are provided. Charges may include, but are not limited to, prepayment for service charges; recurring monthly service charges; applicable local and long-distance toll charges ; charges for additional services; call completion charges; optional features you select at an extra cost; and taxes, surcharges, and fees associated with your Services. For the actual usage charges applicable to your Service, see the detailed plan or other information we provide or refer you to during the sales transaction or on our website. Depending on your Services, charges for additional services may include operator and directory assistance, voicemail, call forwarding, data calls, texts, and Web access. If you (the account holder) allow end users to access or use your Device, you authorize end users to access, download, and use Services. You will generally be charged for use of Services before or at the time of use in accordance with your service plan. In certain instances, we may charge at some point after you use the Service. Rates that vary based on the time of access will be determined based on the location of the network equipment providing service and not the location of your Device or your Device’s area code (if applicable).
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.
Types of Charges
We typically assess the following types of charges: (1) “pay-per-use charges,” which are charges assessed each time a Service is used; (2) “subscription charges,” which 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 charges for Services end at 11:59 p.m., in the time zone in which your phone number is based, on the last day of your subscription period. Also, depending on your Service, certain types of subscription charges may be assessed automatically upon activation and automatically assessed for subsequent subscription periods; and (3) “download charges,” which are charges assessed when you download or access content, which we collect on behalf of ourselves or third-party content providers.
How We Calculate Your Charges Regular Voice Calls:
We round up partial minutes of use to the next full minute. Time starts when you press “Talk” or your Device connects to the network and stops when you press “End” or the network connection otherwise breaks. You’re charged for all calls that connect, even to answering machines, voicemail, or voice transcription services. You won’t be charged for unanswered calls or if you get a busy signal. For incoming calls answered, you’re charged from the time shortly before the Device starts ringing until you press “End” or the network connection otherwise breaks. You’re charged for the entire call based on the rate that applies to the time period in which the call starts. However, the types of charges actually deducted from your account balance will vary depending on your Service. Call time data displayed on your Device may be inaccurate and may not be relied upon for determining charges to your account. Call time for a single call may be limited. If the call exceeds the limit, then it may be automatically terminated.
Depending on your Service, you may be charged for data usage. Unless we specifically tell you otherwise, data usage is measured in bytes, kilobytes, megabytes, and gigabytes—not in minutes/time. You will be charged based on a whole number of megabytes that have been consumed. Any bytes or kilobytes, in excess of a megabyte of usage will cause a rounding of the megabytes of usage to the next whole number of megabytes. To illustrate this, if a you use 10 megabytes and 100 kilobytes of data (or any combination of kilobytes or bytes not exceeding 1 megabyte) in a billing cycle, you will be charged for usage of 11 megabytes.
Taxes & Government Fees
If applicable, you agree to pay all federal, state, and local taxes, fees, surcharges and other adjustments or assessments. These charges may change from time to time without advance notice.
You agree to pay all Madstar surcharges (“Surcharges”), which may include, but are not limited to: Federal Universal Service; Regulatory and Administrative charges; gross receipts charges, and other charges. Surcharges are not taxes, and we are not required by law to assess them. They are part of our rates we choose, at our discretion, to collect from you to recover certain costs, and are kept by us. The number and type of Surcharges may vary depending upon the location of the transaction, the primary account address of the payment method and/or type of device and can change over time. We determine the amount for these charges, and these amounts are subject to change as are the components used to calculate these amounts. We will provide you notice of any changes to Surcharges in a manner consistent with this Agreement. However, because some Surcharges are based on amounts set by the government or based on government formulas, it will not always be possible to provide advance notice of new Surcharges or changes in the amount of existing Surcharges. Information on Surcharges is provided during the sales transaction and is available on our website.
Any dispute to a charge that we assess you must be made in writing within 30 days of the date we deduct the charge from your account balance. You accept all charges not properly disputed within the above time period.
Billing cycles are approximately 30 days in length. Billing cycles and dates may change from time to time. Except as otherwise provided in your Service Plan, monthly recurring charges (MRCs) may be invoiced for a portion of the billing cycle in advance. Plans may be invoiced retroactively to the first minute based on your Service Plan for your total usage in your billing cycle. Charges for services are usually invoiced as soon as possible after the charges accrue. Nonetheless, we may invoice you for usage and charges occurring before the billing cycle being invoiced, if they were not previously invoiced.
Your Service will be interrupted if you fail to timely pay applicable subscription charges for each effective period. When this service interruption occurs, you will be given a period of time (which varies depending on your service plan) to make any appropriate payments on your account. If you do not make such payments within this time period, your account will be canceled. If your account is canceled, you will lose any phone number, identification number, or email address associated with your account. Reactivation fees will apply if you choose to restart Service after cancellation or suspension. A late fee will be immediately applied to you account if you are past due. Information on how you can establish and maintain an account balance will be provided at activation and is also available at madstarmobile.com or through Madstar Customer Care.
If you have authorized payment for Service or equipment by credit card or by debiting a bank account, you must promptly notify us of any change in your billing address or of the credit card or bank account used for payment. We reserve the right to require payment or pre-payment by money order, cashier’s check or other secured form of payment. We may charge an additional fee for any check or other negotiable instrument endorsed by you and returned unpaid by a financial institution for any reason.
If at any time we suspect, in our sole discretion, fraud, we may suspend Service to your phone and require that you provide payment on account or a guarantee of payment before we resume Service to your phone. We may request that you provide us with information we reasonably require to determine whether you qualify for Service.
Switching between Service Plans
Unless otherwise provided in the detailed plan or other information we provide or refer you to during the sales transaction, you may switch to any current service plan. If you switch service plans, you will not receive a refund of any portion of any previously paid service charges and if applicable, you may lose all of your remaining unused minutes, messages, and data allotment. Some service plans are available only on certain customers or phones which is determined in our sole discretion.
You may change to a different Service Plan for which you qualify by contacting Madstar Customer Service at 855.623.7827. If you are currently enrolled in a fixed-length Agreement, changing to a new Service Plan may require consent to a Agreement or fee.
Protecting Our Networks & Services
We can take any action to: (1) protect our networks, our rights and interests, or the rights of others; or (2) optimize or improve the overall use of our networks 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. For additional information on what we do to protect our customers, networks, Services and equipment, see our Acceptable Use Policy and Visitors Agreement at our website.
Authentication and Contact
You (the account holder) may password protect your account information by establishing a personal identification number (“PIN”). You may also set a backup security question and answer in the event you forget your PIN. 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 Madstar 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.
Government Requests for Customer Records
We will refuse to comply with unlawful government requests for customer records or call content, and will only divulge our customers’ private phone records pursuant to an emergency request or under court order or subpoena.
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 wired 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.
Lost or Stolen Equipment
If your phone or other equipment is lost or stolen, you must notify us immediately by calling Madstar Customer Service so we can freeze your account and Service. You are responsible for the monthly recurring charges during the period before you notify us of the loss or theft. We will deactivate Service to the Number upon notification to us of any loss or theft. You may be required to provide evidence of the loss or theft (e.g., a police report or affidavit). If the equipment is later found, we may require that you exchange it for another phone or other equipment before we reactivate Service, as well as require you to pay a reactivation fee.
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 from the date we froze 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.
Reactivation is at the sole discretion of MADSTAR. We will deactivate Service to any Number without prior notice to you if we suspect any unlawful or fraudulent use of the Number. You agree to reasonably cooperate with us in investigating suspected unlawful or fraudulent use.
Madstar phones and/or accessories may be returned or exchanged within thirty (30) days of the purchase or order date. The product(s) must be returned to Madstar in like-new condition and undamaged in its original box(es) and all accessories, printed material and package inserts must be included with the product(s) being returned or exchanged. If you exchange your Madstar phone for a different Madstar phone, you will be charged a restocking fee. You’ll be responsible for the cost of the new phone and we’ll issue you a credit for your original phone once we receive it back from you. Failure to comply with the Return/Exchange Policy may result in an early termination fee and/or an equipment fee equal to the original retail value of the phone and/or accessory, or, in the case of purchased equipment, the denial of a refund. If you would like to return or exchange your Madstar product, call Madstar Customer Service at 844.623.7827 for authorization and shipping instructions.
14 Day Trial Period
Madstar maintains a policy in line with CTIA’s Consumer Code for Wireless Service. Under this agreement you are granted a 14 day period during which you can cancel this agreement without any termination fees (“14 Day Trial Period”). If you choose to cancel this during this 14 day trial period you are responsible for call minutes, text messages, and data used as according to the rates provided on our pricing policy as listed for customers off of or over their plan provisions.
Defective equipment covered by the manufacturer’s warranty will be replaced according to the terms of the manufacturer’s warranty. If you need assistance to identify the manufacturer and their contact information to make a return pursuant to the manufacturer’s warranty, we welcome you to call Madstar Customer Service at 844.623.7827.
Disclaimer of Warranties
Unless expressly provided in writing or otherwise, to the extent allowed we make NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED and expressly DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE concerning your Service (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. Madstar provides all software and applications on an “as is” basis with all faults, errors and defects.
You Agree That We Are Not Responsible For Certain Problems
You agree that neither we nor our parent, subsidiary, or affiliate companies, nor our vendors, suppliers, third party partners licencees or licensors are responsible for any damages, delay, interruption or other failure to perform 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 Madstar 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.
You Agree That Our Liability Is Limited – No Consequential Damages
TO THE EXTEND 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 OUR 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.
DISPUTE RESOLUTION AND ARBITRATION
PLEASE READ THIS CAREFULLY; IT AFFECTS YOUR RIGHTS
In those rare instances where your concern is not resolved to your satisfaction through calls to our customer care, you and Madstar each agree to try to resolve those disputes in good faith after you provide written notice of the dispute as set forth below. If the dispute is not resolved, you and Madstar agree that the dispute will be resolved through individual binding arbitration or small claims court, instead of courts of general jurisdiction.
Mandatory Arbitration and Waiver of Class Action
Instead of suing in court, you and Madstar agree to arbitrate all Disputes (as defined below) on an individual, non-representative, basis. You agree that, by entering into this Agreement, you and Madstar are waiving the right to a trial by jury or to participate in a class action or representative action. This agreement to arbitrate is intended to be broadly interpreted.
In arbitration, there is no judge or jury. Instead Disputes are decided by a neutral third-party arbitrator in a more informal process than in court. In arbitration, there is limited discovery and the arbitrator’s decision is subject to limited review by courts. However, just as a court would, the arbitrator must honor the terms of the Agreement and can award damages and relief, including any attorneys’ fees authorized by law.
“Disputes” shall include, but are not limited to, any claims or controversies against each other related in any way to or arising out of in any way our Services or the Agreement, including, but not limited to, coverage, Devices, billing services and practices, policies, contract practices (including enforceability), service claims, privacy, or advertising, even if the claim arises after Services have terminated. Disputes also include, but are not limited to, claims that: (a) you or an authorized or unauthorized user of the Services or Devices bring against our employees, agents, affiliates, or other representatives; (b) you bring against a third party, such as a retailer or equipment manufacturer, that are based on, relate to, or arise out of in any way our Services or the Agreement; or (c) that Madstar brings against you.
Disputes also include, but are not limited to, (i) claims in any way related to or arising out of any aspect of the relationship between you and Madstar, whether based in contract, tort, statute, fraud, misrepresentation, advertising claims or any other legal theory; (ii) claims that arose before this Agreement or out of a prior Agreement with Madstar; (iii) claims that are subject to on-going litigation where you are not a party or class member; and/or (iv) claims that arise after the termination of this Agreement.
Dispute Notice and Dispute Resolution Period
Before initiating an arbitration or a small claims matter, you and Madstar each agree to first provide to the other a written notice (“Notice of Dispute”), which shall contain: (a) a written description of the problem and relevant documents and supporting information; and (b) a statement of the specific relief sought. A Notice of Dispute to Madstar should be sent to: General Counsel; Madstar Mobile LLC; 100 Main St N. Suite #321, Southbury CT 06488. Madstar will provide a Notice of Dispute to you in accordance with the “Providing Notice To Each Other Under The Agreement” section of this Agreement. Madstar will assign a representative to work with you and try to resolve your Dispute to your satisfaction. You and Madstar agree to make attempts to resolve the Dispute prior to commencing an arbitration or small claims action. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, you or Madstar may commence an arbitration proceeding or small claims action.
Arbitration Terms, Process, Rules and Procedures
(1) Unless you and Madstar agree otherwise, the arbitration will be conducted by a single, neutral arbitrator and will take place in CT. If this agreed upon arbitration location will present economic hardship to you, Madstar will agree to arbitration by a neutral arbitrator in the U.S. County of the last billing address of the Service. Economic hardship can be shown by proof of enrollment in any federal or state subsidized low-income assistance program. The arbitration will be governed by either: (a) rules that we mutually agree upon; or (b) the JAMS Comprehensive Arbitration Rules & Procedures (the “JAMS Rules”), as modified by this agreement to arbitrate, including the rules about the filing, administration, discovery and arbitrator fees. The JAMS rules are available on its website at jamsadr.com. Notwithstanding any JAMS Rule to the contrary or any other provision in arbitration rules chosen, by agreement, to govern the arbitration, we each agree that all issues regarding the Dispute are delegated to the arbitrator to decide, except that only a court (and not the arbitrator) shall decide any disagreements regarding the scope and enforceability of this agreement to arbitrate.
(2) The Federal Arbitration Act (“FAA”) applies to this Agreement and arbitration provision. We each agree that the FAA’s provisions—not state law—govern all questions of whether a Dispute is subject to arbitration. To the extent that this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards for Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply. However, nothing in this paragraph will require or allow you or Madstar to arbitrate on a class-wide, representative or consolidated basis.
(3) The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND MADSTAR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER IN ANY PUTATIVE CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Madstar expressly agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If any portion of this provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
(4) We each are responsible for our respective costs, including our respective counsel, experts, and witnesses. The initiator of arbitration, be it you or Madstar, is the designated party to pay the minimum fee (currently $250 USD as of July 15th, 2009) as determined by JAMS Policy at the time arbitration is initiated.
(5) An arbitrator’s award will be a written statement of the disposition of each claim and will also provide a concise written statement of the essential findings and conclusions which form the basis of the award. The arbitrator’s decision and award is final and binding, with some limited court review under the FAA, and judgment on the award may be entered in any court with jurisdiction.
(6) As an alternative to arbitration, we may resolve Disputes in small claims court in the county of your most recent billing address. In addition, this arbitration agreement does not prevent you from bringing your Dispute to the attention of any federal, state, or local government agency. Such agencies can, if the law allows, seek relief against Madstar on your behalf.
No Trial By Jury and No Class Action
IF FOR ANY REASON A CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT IN ANY WAY PROCEEDS IN COURT RATHER THAN IN ARBITRATION, REGARDLESS OF WHETHER THE CLAIM IS AN ACTION, COUNTERCLAIM OR ANY OTHER COURT PROCEEDING, WE EACH AGREE THAT TO THE EXTENT ALLOWED BY LAW, THERE WILL NOT BE A JURY TRIAL OR CLASS ACTION AND WE EACH UNCONDITIONALLY (1) WAIVE ANY RIGHT TO TRIAL BY JURY AND (2) WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS, INCLUDING JOINING 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 OTHER PROCEEDING.
You agree to indemnify, defend, and hold Madstar and our subsidiaries, affiliates, parent companies, vendors, suppliers, 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 Agreement or any policy referenced in this Agreement, any applicable law or regulation, or the rights of any third party.
Providing Notice To Each Other Under The Agreement
Except as the Agreement specifically provides otherwise, you must deliver written notice to us by mail to Attn: Madstar Mobile, 100 Main St N. Suite 321, Southbury CT 06488 or email to smile@Madstarmobile.com. We will provide you notice by correspondence to your last known address in our records, to any fax number or email address you’ve provided us, by calling you on your Device or any other phone number you’ve provided us, by voice message on your Device or any other phone number you’ve provided us, or by text message on your Device.
Other Important Terms
Subject to federal law or unless the Agreement specifically provides otherwise, this Agreement is governed solely by the laws of the State of Connecticut, without regard to the conflicts of law rules of the state encompassing the area code assigned to your Device. If either of us waives or doesn’t enforce a requirement under this Agreement in an instance, we don’t waive our right to later enforce that requirement. Except as the Agreement specifically provides otherwise, if any part of the Agreement is held invalid or unenforceable, the rest of this Agreement remains in full force and effect. This Agreement isn’t for the benefit of any third party except our corporate parents, affiliates, subsidiaries, agents, and predecessors and successors in interest. You can’t assign the Agreement or any of your rights or duties under it unless we agree to the assignment. We can assign the Agreement without notice. You cannot in any manner resell Devices or Services to another party. You cannot export any Device. The Agreement and the documents it incorporates make up the entire agreement between us and replaces all prior written or spoken agreements—you can’t rely on any contradictory documents or statements by sales or service representatives. The rights, obligations, and commitments in the Agreement 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.
At Madstar Mobile we maintain a NO Contract Philosophy. We value the freedom to choose who we do business with and your freedom to choose who is going to be you're wireless service provider. Contact us at smile@MadstarMobile.com or 844.MADSTAR (6237827) if you have any questions, suggestions or comments. Thank you for being a Madstar Mobile customer!