Terms of Service
By checking this box I understand, confirm, and agree to the terms and conditions of purchasing a Mobile Citizen hotspot and subscribing to Mobile Citizen for internet service, including the Human-I-T Terms of Service [available here [https://store.human-i-t.org/terms-of-service/]][attached hereto] and Provider’s (as defined below) acceptable use policy and end user terms and conditions [available here [https://www.sprint.com/en/legal/terms-and-conditions.html?ECID=vanity:termsandconditions]][attached hereto]. As used herein, “Provider” means the third-party provider of the Mobile Citizen internet service, as such third party may change from time to time. The current Provider is Sprint Spectrum, L.P. I confirm that I qualify as low income based on my participation in government assistance programs or my annual income, which meets state or federally regulated, low-income standards. I understand that Human-I-T is only responsible for billing and processing payments for Mobile Citizen’s internet service. Tech support related to Mobile Citizen’s internet service and hotspot is solely the responsibility of Mobile Citizen or Provider. I understand that Human-I-T cannot guarantee the quality of service provided by the Mobile Citizen hotspot.
Quality of service is influenced by a number of factors, including, without limitation, location, time of day, and the number of users simultaneously connecting to the internet through the device.
Billing, Suspension and Cancellation: I understand that Human-I-T requires me to prepay for my use of the Mobile Citizen service and hotspot. When I prepay, I can select the term of my service (for example, one month, three months, six months or one year). Prior to the end of the term of my service, I understand that I must prepay Human-I-T for additional Mobile Citizen service. If, at any time, I fail to prepay Human-I-T for additional Mobile Citizen service, I understand that my service will be cancelled and cut off immediately following the end of my prepaid term. Once cancelled, I understand that it will take Human-I-T three to five business days to restore my service.
Returns & Reimbursements: If I am not satisfied with the Mobile Citizen service and/or hotspot for any reason within the first 30 days of my subscription, I can contact Human-I-T and (1) cancel my Mobile Citizen subscription and (2) return my Mobile Citizen hotspot in the same condition that I received it in its original box with all accessories. Once Human-I-T confirms that both (1) and (2) in the immediately preceding sentence are satisfied within the first 30 days of my subscription, Human-I-T will reimburse me for the cost of the Mobile Citizen hotspot device only. I understand that I will only be reimbursed for one month of the subscription fee if my usage is less than 500MB.
If I cancel my subscription after 30 days, (i) I will only be entitled to a refund for the cost of my prepaid subscription fee for months where my usage is less than 500MB, and (ii) the Mobile Citizen hotspot will remain my device and I will be permitted to do anything I would like with it, including, without limitation, keep it, sell it, or donate it. Human-I-T Terms of Service The terms of service included herein (collectively, the “Terms of Service”) are a legal agreement between Human-I-T, Mobile Citizen, LLC (“Mobile Citizen”) and the individual subscribing for Mobile Citizen internet service (“you”).
The Terms of Service govern your access to and use of the Sprint mobile broadband network provided by the Provider (as defined below) through Mobile Citizen (collectively, the “Service”). By using the Service, YOU AGREE TO THE TERMS AND CONDITIONS IN THIS TERMS OF SERVICE. This Terms of Service is effective when you sign up for Service.
1. Definitions: For purposes of the Terms of Service, the following definitions apply: "Customer" and "you" refer to the end customer, whether an individual or an entity (such as a school), entering into a Customer Agreement with Reseller.
"Customer Agreement" refers to your legal agreement with Reseller relating to use of the Service, into which the Terms of Service are incorporated.
"Equipment" refers to the modems and other equipment required to use the Service.
"Mobile Citizen" means Mobile Citizen, LLC.
"Provider" refers to the third-party provider of the Service, as may change from time to time. The current Provider is Sprint Spectrum, L.P (or an affiliate thereof).
"Reseller" refers to Human-I-T.
"Service" refers to the wireless broadband service distributed by Mobile Citizen to Reseller and resold by Reseller to you under your Customer Agreement, including any associated media or documentation.
2. Equipment. You must purchase all necessary Equipment through Reseller to ensure that it is compatible with Provider’s wireless network. Rental arrangements are not permitted without Mobile Citizen's prior written consent, nor is the use of third-party equipment. You agree not to tamper with, modify, reverse-engineer or interfere with the Equipment.
3. Use of Service. You may only access and use the Service for your internal, personal, non commercial use in accordance with the Customer Agreement and applicable laws and regulations. You are responsible for all usage of your account (including any violation of the Customer Agreement) and agree to notify Reseller immediately of any unauthorized use of the account or suspected security breach. You are not granted any rights to any firmware or software under the Customer Agreement. All rights not expressly granted in the Terms of Service are reserved by Mobile Citizen or the Provider.
4. Service Limitations & Restrictions..
a. Availability. The Service is not available in all locations and you will only be able to access the Service when within the operating range of the Provider's network, which may change from time to time in the sole discretion of the Provider. The Service may be disrupted or unavailable from time to time due to maintenance, emergencies, inclement weather or other factors outside of Reseller's or Mobile Citizen's control. The Service and Equipment may not function in the event of a power failure or disruption, and you may be required to reset or reconfigure their modem or other hardware in order to use the Service thereafter. Reseller and Mobile Citizen have no liability with regard to any failure or lack of performance of the Service.
b. Provider AUP, T&C.. Use of the Service is subject to the Provider's then-current (i) acceptable use policy (the "Provider AUP"), a copy of which is, as of the Effective Date, available at http://www.sprint.com/legal/agreement.htm?INTNAV=CMS:LGL:Acceptable Use Policy#acceptable) and incorporated herein by reference; and (ii) end user terms and conditions (the "Provider T&C"), a copy of which is, as of the Effective Date, available at http://www.sprint.com/termsandconditions and incorporated herein by reference.
c. Usage Limits. THE SERVICE MAY BE SUBJECT TO USAGE LIMITS ESTABLISHED BY THE PROVIDER, WHICH ARE NOT CONTROLLED BY RESELLER OR MOBILE CITIZEN AND ARE SUBJECT TO CHANGE. RESELLER AND MOBILE CITIZEN MAY NOT RECEIVE ADVANCE NOTICE OF ANY SUCH CHANGES FROM THE PROVIDER AND IN SUCH CASES WILL NOT BE ABLE TO GIVE YOU ADVANCE NOTICE THEREOF.
5. Term. The Terms of Service commences on the date you sign up for Service and will continue until you or Reseller terminates Service.
6. Termination by Reseller. Reseller or Mobile Citizen may terminate access to the Service immediately at any time with or without cause if Reseller or Mobile Citizen reasonably believes that you have violated the Reseller User Agreement or the Terms of Service, infringed the rights of others or if Reseller or Mobile Citizen no longer has the right to make Service available to you. If Reseller or Mobile Citizen intends to terminate Service without cause, Reseller will provide you with at least 30 days’ notice prior to the termination date. If Reseller or Mobile Citizen terminates your Service without cause during a billing period, Reseller will issue a prorated refund of the service fees incurred during such billing period.
7. Effect of Termination. Upon termination, you will no longer be able to access the Service. Sections 6, 7, 9 and 10 of the Terms of Service will survive termination of the Service.
8. Representations and Warranties of Customer. You represent and warrant that (i) you have the power and authority to agree to the Terms of Service and form a legally binding contract, (ii) all information provided to Reseller and Mobile Citizen is accurate, complete and current, and (iii) your use of the Service will comply with applicable laws, rules and regulations, the Terms of Service and the Reseller User Agreement.
9. Disclaimer of Warranties; Waiver of Liability. EXCEPT AS EXPRESSLY SET FORTH HEREIN, RESELLER, MOBILE CITIZEN, THEIR RELATED PARTIES AND SUPPLIERS (COLLECTIVELY, THE "MOBILE CITIZEN PARTIES") AND PROVIDER MAKE NO WARRANTIES AND HEREBY DISCLAIM ALL WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED WITH REGARD TO THE SERVICE AND THE EQUIPMENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. YOUR USE OF THE SERVICE AND EQUIPMENT IS AT YOUR OWN RISK. THE SERVICE AND EQUIPMENT ARE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS EXCEPT AS EXPRESSLY PROVIDED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE THAT YOU HAVE NO CONTRACT WITH MOBILE CITIZEN AND AGREE THAT YOU WILL NOT HOLD MOBILE CITIZEN PARTIES LIABLE OR RESPONSIBLE IN ANY MANNER FOR ANY ASPECT OF THE SERVICE, ANY FAILURE OF THE SERVICE OR ANY RESULTS OF USING THE SERVICE, OR SEEK DAMAGES OR RELIEF AGAINST THE MOBILE CITIZEN PARTIES UNDER ANY THEORY OF RECOVERY.
10. Limitation of Liability. THE SOLE LIABILITY OF RESELLER TO YOU OR ANY THIRD PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE TERMS OF SERVICE OR THE RESELLER USER AGREEMENT WILL BE LIMITED TO THE TOTAL SERVICE FEES (INCLUDING EQUIPMENT FEES) PAID BY YOU TO RESELLER IN THE TWELVE (12) MONTHS PRIOR TO THE DATE ON WHICH ANY SUCH CLAIM AROSE. RESELLER WILL NOT HAVE ANY LIABILITY WITH REGARD TO ANY DEFECT OR FAILURE OF THE SERVICE, EQUIPMENT OR SUPPORT SERVICES, ANY LACK OR BREACHES OF SECURITY OF THE SERVICE OR IN THE STORAGE OR INTEGRITY OF CUSTOMER’S DATA, OR ANY COST OF OBTAINING SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL RESELLER BE RESPONSIBLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS INFORMATION) BASED ON ANY LEGAL THEORY EVEN IF SUCH DAMAGES ARE FORESEEABLE .
11. Content and Security. Any material downloaded or otherwise obtained through use of the Services is accessed at your own discretion and risk. The Mobile Citizen Parties do not control and are not responsible for any third-party websites, content, services or products that you may access or encounter during use of the Service, and the Mobile Citizen Parties and the Provider each reserve the right to engage in reasonable network management to protect the overall integrity of the Provider's network, including detecting malicious traffic patterns and attempting to prevent the distribution of viruses or other malicious code, and through techniques such as reducing the aggregate bandwidth available to excessive bandwidth users during periods of congestion. While the determination of what constitutes excessive use depends on the specific state of the network at any given time, excessive use will be determined primarily by resource consumption. The Provider's network management practices may entail the inspection and storage of network traffic, the provision of network traffic to third parties and/or the use of network traffic for non-network management purposes. For further information, please refer to the Provider AUP and Provider T&C, which form a part of the Terms of Service. The Mobile Citizen Parties and the Provider also have the right to take actions either of them deem reasonably necessary to protect any individual or entity, comply with applicable laws, regulations, or government requests, or to enforce the terms of the Terms of Service. You acknowledge that the Internet and wireless communications are not inherently secure means of data communication, the Mobile Citizen Parties shall have no liability for breaches of security beyond their reasonable control, including, without limitation, your negligence with respect to controlling access to the Service or your data. It is your sole responsibility to obtain and implement appropriate security devices, software, and other measures (including without limitation firewalls) to protect your systems and data from theft, viruses, worms, Trojan horses, or other security threats, and the Mobile Citizen Parties have no responsibility or liability with regard thereto.
12. Service Quality and Maintenance. The speed and bandwidth available to Equipment accessing the Service may vary for a variety of reasons. You acknowledge and agree that Provider reserves the right to engage in network management for the Service, including, without limitation, taking various measures to prevent or eliminate malicious traffic patterns and preventing the distribution of viruses or other malicious code. For further information on the types of activities Provider may take, please refer to the Provider AUP. In addition, Provider may perform maintenance on the Service, which may include planned or unplanned interruptions of the Service. You acknowledge and agree that neither Reseller nor Mobile Citizen will be responsible for any losses or damages suffered by you as a result of any Service interruptions. You acknowledge that the Service is not available in all areas, and, even within coverage areas, service availability, quality, signal strength and network speeds may vary, be lower than advertised or be insufficient for use of the Service. No credit or adjustment will be made for interruptions or degradations of the Service except as agreed by Reseller or as required by applicable law.
13. Indemnification. Customer will indemnify, defend and hold harmless Reseller and its directors, officers, agents, contractors, licensors, vendors, suppliers and employees from and against any and all claims, actions, losses, expenses, costs or damages of every nature and kind whatsoever (including reasonable attorneys’ fees) arising out of or relating to Customer’s (or other individuals who have gained access to Customer’s account on the Service due to the fault or negligence of Customer) actions or omissions in connection with the Terms of Service or Reseller User Agreement, use of the Service or Equipment, including without limitation any breach of the Terms of Service or Reseller User Agreement, or negligence with respect to any of the foregoing. Customer further agrees to pay the reasonable attorneys’ fees and expert witness fees and costs incurred in enforcing the Terms of Service and the Reseller User Agreement, including in connection with any appeal.
14. Support Services. Reseller is responsible for handling all billing, payment, collection, disputes and administrative matters related to your Subscription. Except for any basic Tier 1 technical support that Reseller or Mobile Citizen may elect to provide, technical support requests will be routed to and are the responsibility of the Provider (collectively, the "Support Services"). Support Services are subject to your use of the Service and Equipment in accordance with the Terms of Service as well as, in the case of Equipment defects, the manufacturer's applicable warranty policy. Mobile Citizen or the Provider may need to access Equipment or related hardware or software in order to provide Support Services. Defective Equipment should be returned to the Provider as instructed by Mobile Citizen or the Provider. NO MOBILE CITIZEN PARTY IS RESPONSIBLE FOR THE ACTS OR OMISSIONS OF ANY OTHER MOBILE CITIZEN PARTY OR THIRD PARTIES IN CONNECTION WITH SUPPORT SERVICES. The Provider will only provide Support Services for Equipment purchased through Mobile Citizen, through the Provider or an authorized Provider dealer.
15. Service Modification and Discontinuation. Mobile Citizen and the Provider reserve the right at any time to in any way modify, edit, suspend or discontinue the Service or the Support Services made available hereunder with or without notice. In the event of Service discontinuation or of Service changes causing a material adverse effect on the quality or availability of Service, you may, as your sole and exclusive remedy arising out of this Section, terminate your affected Subscription(s) and the sole and exclusive liability of Reseller and the Mobile Citizen Parties shall be to a refund of Subscription fees previously paid for full, for unused months remaining on the then-current Subscription term.
16. Prohibited Network Uses. Customer acknowledges and agrees that Provider reserves the right, without notice or limitation, to limit data speeds or quantities or to deny, terminate, end, modify, disconnect or suspend Service if an individual engages in any prohibited data uses or if Provider determines that the network could be put at risk. The Service may not be used to disrupt email use, to transmit or facilitate any unsolicited or unauthorized advertising, junk mail, commercial or bulk email, or for activities adversely affecting the ability of other account holders. Customer may not use the Service in a way that could cause damage or adversely affect any other customers or the reputation of Reseller, its network, property or services, or that is prohibited by the Terms of Services or the Reseller User Agreement.
17. Phone Number. Customer shall not acquire any interest in the phone number (also known as a personal telephone number or PTN) assigned by Reseller to Customer for its use.
18. No Assignment. Your rights under the Terms of Service may not be transferred, leased, assigned or sublicensed, including, without limitation, to any successor in interest, without the prior written consent of Reseller. Any purported attempt to transfer, lease, assign or sublicense your rights without the consent of Reseller will be void and Reseller may immediately terminate the Terms of Service, your Reseller User Agreement or the Service without liability. All provisions of the Terms of Service shall be binding upon your permitted successors and assigns.
19. Changes to Terms. Each of Reseller and Mobile Citizen reserves the right to make modifications to the Terms of Service as may reasonably be needed to comply with applicable laws or to account for changes in Mobile Citizen's or Reseller’s business, course of dealing with the Provider, or other factors. The Provider also reserves the right to change or update the Provider AUP and Provider terms and conditions at any time. Mobile Citizen or the Provider (as the case may be) will make reasonable attempt to provide Reseller with notice of such changes. All such changes will be deemed effective and accepted by you upon your continued use of the Service thereafter; provided, however, that if such modifications are not agreeable to you, you may elect instead (as your sole and exclusive remedy) to terminate your affected Subscription(s) within 30 days of the change and receive a refund of Subscription fees previously paid for full, unused months remaining on the then-current Subscription term. Any modified version of the Terms of Service will be posted on Reseller’s website. If Reseller makes material modifications to the Terms of Service, Reseller will notify you via email.
20. Third Party Beneficiary. You agree that Mobile Citizen shall be an express, intended third-party beneficiary of this Agreement and can enforce the terms and conditions to the same extent as Reseller.
21. Limitation on Claims. ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICE, THE TERMS OF SERVICE OR THE RESELLER USER AGREEMENT MUST BE COMMENCED WITHIN ONE (1) YEAR OF THE EVENT THAT GIVES RISE TO THE CLAIM.
22. Entire Agreement. The Terms of Service and the Reseller User Agreement together constitute the entire agreement between Customer, Reseller, Mobile Citizen and Provider with respect to the subject matter hereof and thereof and supersedes all proposals (oral or written), all previous negotiations, and all other communications.
23. Severability. If any part of the Terms of Service or the Reseller User Agreement is held to be invalid or unenforceable by any court of competent jurisdiction, the other provisions of the Terms of Service and the Reseller User Agreement shall remain in full force and effect. The parties further agree that, if any provision contained in the Terms of Service or the Reseller User Agreement is held invalid or unenforceable, the parties shall take any actions necessary to render the remaining provisions of the Terms of Service and the Reseller User Agreement valid and enforceable to the fullest extent permitted by law and, to the extent necessary, shall amend or otherwise modify the Terms of Service or the Reseller User Agreement to replace any provision contained herein or therein that is held invalid or unenforceable with a valid and enforceable provision giving effect to the intent of the parties.
24. Governing Law. The Terms of Service and the Reseller User Agreement shall each be governed by, and construed in accordance with, the laws of California, without reference to the choice of law principles thereof.
25. ACP Customers Only:
(1) the Affordable Connectivity Program is a government program that reduces the customer’s broadband internet access service bill;
(2) the household may obtain ACP-supported broadband service from any participating provider of its choosing;
(3) the household may apply the ACP benefit to any broadband service offering of the participating provider at the same terms available to households that are not eligible for ACP-supported service;
(4) the provider may disconnect the household’s ACP-supported service after 90 consecutive days of non-payment;
(5) the household will be subject to the provider’s undiscounted rates and general terms and conditions if the program ends if the consumer transfers their benefit to another provider but continues to receive service from the current provider, or upon de-enrollment from the Affordable Connectivity Program; and
(6) the household may file a complaint against its provider via the Commission’s Consumer Complaint Center.
If the provider offers a connected device through the Affordable Connectivity Program, the disclosures must also include language stating that the household does not need to accept the device to enroll in the program.