TERMS OF SERVICE AND ACCEPTABLE USE POLICY
Service Available for US Residents Only
IMPORTANT NOTICE: By accepting these Terms of Service and using the products and services provided to you, you are bound by the terms and conditions listed hereafter and any wireless carrier “Service Agreement”, “Acceptable Use Policy”, or related document which governs a user’s responsible use of network resources and services as referenced by the wireless carrier on their website. Additional terms and conditions may also apply. A minimum summary is referenced below for your benefit.
You (“you” or “Customer”) are being provided an Internet access service (“Service”). You are not being provided with any applications (such as Internet telephone or cable TV) that might be provided with INTERNET service by other vendors. We are not involved in the creation or the provisioning of the Service. The Provider provides the Service over its wireless network, using cell sites and frequencies licensed by the FCC. 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 is 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 our control, or any of our partner’s control. The Service and the related equipment needed to use the Service (“Equipment”) may not function in the event of a power failure or disruption, and you may be required to reset or reconfigure your modem or other hardware in order to use the Service thereafter. We and our partners assume no liability regarding any failure or lack of performance of the Service.
2. Use of the Service is subject to the Provider’s then-current(i) acceptable use policy (the “Provider AUP”) and incorporated herein by reference; and (ii) end user terms and conditions (the “Provider T&C”). The Provider reserves the right to change its AUP or T&C at any time.
3. THE SERVICE MAY BE SUBJECT TO PERFORMANCE PRIORITIZATION ESTABLISHED BY THE PROVIDER,
WHICH ARE NOT CONTROLLED BY US OR ANY PARTNER AND ARE SUBJECT TO CHANGE. WE 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.
Upon subscribing, you are responsible for paying a one-time setup/shipping fee for each new plan you subscribe to. Subscription constitutes access to products and services and does not constitute ownership of any provided equipment.
The fee for a subscription covers the cost of the setup, administration, and support for each subscription, as there can be multiple subscriptions under one subscription on a customer’s account. All devices provided in the setup fee are the property of Net All Over, Inc. and must be returned at the conclusion of each subscription.
Upon becoming a subscriber, you are responsible for paying the first prorated calendar month of service in advance. This charge will occur when delivery of the product is confirmed. A product is considered delivered when the associated tracking certifies a successful delivery has been made to the shipping address you provided.
The first day of your bill cycle starts when your package is considered delivered by the shipping carrier. If your service begins between the 1st and the 14th of the month, you will be billed the setup fee plus the prorated portion of the current month. If your service begins on or after the 15th of the month, you will be billed the current prorated portion of the month PLUS the next month. The subscription will renew every 30 days after the first monthly invoice. Monthly invoices are billed in advance and will automatically be charged to the credit card on file on the 25th of every month. Credit cards may be updated at the subscriber’s request and can be updated online through the customer portal as well.
All subscriptions must have a valid credit card on file for the autopay subscription renewal. Autopay enrollment is a condition of subscription and is authorized by the customer at the time the subscription is purchased. Autopay enrollment may be deactivated on the condition that the customer purchases the equipment outright.
Billing is subject to continue until items belonging to Net All Over, Inc. have been returned and verified. Complete details are outlined in section four, “Subscription Cancellation and Refund Policy.”
SUBSCRIPTION CANCELLATION AND REFUND POLICY
All Devices are the property of Net All Over, Inc. and need to be returned to cancel a subscription. The term “Device” refers to all equipment sent as part of the setup fee (e.g., antenna and power cords/chargers, routers, and SIM cards).
Cancellation of any subscription can only take place when the Device(s) has been returned to Net All Over, Inc. and associated tracking information states that the unit has been received by Net All Over, Inc.
Each Device that is sent out has its own corresponding billing subscription. There can be multiple subscriptions under one master subscription. To avoid being billed for a Device you are no longer using, it is your responsibility to ship the Device back using the return label provided by Net All Over, Inc. upon your request to cancel. Please note that this also applies to replacement SIM Cards or SIM Only plans shipped out independent of a router.
Devices are required to be returned in the manner that they were shipped. Please note that no modifications should be made to the device–this includes, but is not limited to, the addition of any adhesive or tape, removal of identifying numbers or letters etc.
Devices that are not returned or are returned in an unsatisfactory manner will be subject to a device replacement fee of $350.00.
For any cancellation requests please contact us at email@example.com Once we have received your cancellation request, we will contact you and email a Cancellation Link so that you can generate and print a Return Label. Please be aware that you must contact Net All Over, Inc. BEFORE you return any item. DO NOT SHIP anything before we respond to your cancellation request and provide you with a Return Label and other instructions.
Once you have received your Return Link, please follow the return instructions as provided. Please keep any return shipment receipts from the shipping carrier as we are not responsible for loss or damage of your return shipments. The date that the carrier is in possession of the return, per the tracking history, will be considered as the last day you will be considered to have access to the service.
Once the tracking information states the hardware has been received by Net All Over, Inc., please allow Net All Over, Inc. 12-14 business days to process, inspect and test the unit. Refunds may take up to 30 days to reflect on your original payment method once the refund is initiated.
Monthly subscription charges will be reviewed for reimbursement based on the date of the invoice and the date the carrier declares possession of the item. WE DO NOT REFUND PARTIAL MONTHS, EXCEPT DURING THE INITIAL 30-DAY MONEY BACK GUARANTEE PERIOD.
30-DAY MONEY-BACK GUARANTEE
Each subscription is subject to a money-back guarantee period of 30 days. The money-back guarantee period begins on the date the equipment is marked as delivered to test out the device and service.
If the Subscriber chooses to return the Device within the first 30 days from when the equipment was delivered, a refund for the one-time subscription Fee will be issued per the terms laid out in our return policy, and after the Device is delivered to Net All Over, Inc.
The date that the carrier is in possession of the returned item, per the tracking history, will be considered as the final day you will be considered to have access to the service and will be used as the date to confirm a customer is within their 30-day money-back guarantee.
The return of all Devices and SIM must be fulfilled before a refund can take place. Please be aware that you must contact Net All Over, Inc. BEFORE you return any item. DO NOT SHIP anything before we respond to your refund request and provide you with a Return Label and other instructions. Once you have been emailed a Return Link, please generate, and print your Return Label.
For any refund requests please contact us at firstname.lastname@example.org so that we may send you a Return Link.
Please keep any return shipment receipts from the shipping carrier as we are not responsible for loss or damage of your return shipments. Once the tracking information states the hardware has been received by Net All Over, Inc., please allow Net All Over, Inc. 12-14 business days to process, inspect and test the unit. Refunds may take up to 30 days to reflect on your original payment method once the refund is initiated.
Net All Over, Inc. reserves the right to change its rates and otherwise modify the terms and conditions of this Agreement at any time by notifying you 30 days in advance of the effective date of such changes. We do not take rate changes lightly. We have not changed our rates in quite a while, and we will work hard to prevent rate changes unless our costs increase to a point that we cannot avoid it.
If you wish to terminate your account, you, the subscriber, may cancel future charges by contacting us via email at email@example.com. Otherwise, the existing subscription will be billed at the new rate. This Agreement hereby supersedes all previous representations, understanding, or agreements, written or oral, by or between you and Net All Over, Inc., and shall prevail notwithstanding any variance with terms and conditions of all orders submitted.
Users may be able to refer their friends, family, or other users (“Referral”) to purchase or subscribe to Net All Over, Inc. Where a Referral has been made by you, you may be eligible to receive a subscription credit or other credit (“Referral Credit”) to redeem for Net All Over, Inc. services. Please be aware that all Referral Credits have no cash value and may not be redeemed for cash. All Referral Credits are subject to approval and verification by Net All Over, Inc. Net All Over, Inc. has the sole discretion in determining whether a Referral has been made and whether you are eligible to receive a Referral Credit for any such Referral. Net All Over, Inc. reserves the right to modify, update, or discontinue the Referral program at any time at its discretion.
If your subscription payment is not collected within 7 days after its due date, your subscription will be automatically deactivated. If not paid by the 5th of the month after it becomes due, you will be charged a $20 late fee. If your account is still past due by the 15th of the month in which it becomes late, it will be cancelled, and you will be charged for the equipment ($350). All cancelled accounts will be referred to a collection agency and may appear on your personal credit report. If you wish to start your service again, you will need to order a new plan on our website and will be subject to another subscription fee. The subscriber is responsible for the accuracy of the financial institution information provided and to ensure that there are sufficient funds to cover the amount charged by Net All Over, Inc. Under no circumstances will Net All Over, Inc. be held liable for fees incurred by the subscriber’s financial institution.
If you have a complaint about the Service, please contact us to resolve the complaint. This notice will govern dispute resolution generally.
CREDIT CARD CHARGEBACKS & DISPUTES
If we have charged your registered payment method for a charge that we deem is authorized and valid under these Terms, and your credit card company or other payment provider subsequently withholds or revokes such payment to us because the charge has been disputed by you (a “Chargeback”), we reserve the right to suspend your access to the affected Services until the Chargeback is reversed or in the case of a billing dispute, the billing dispute is resolved as set forth in these Terms. All billing disputes should be directed to the Billing Department at firstname.lastname@example.org. Any billing disputes done through a financial institution can result in the immediate cancellation of the subscription for which the funds have been withdrawn and a twenty-five dollar ($25.00) chargeback fee for each dispute may be applied.
We do not own, operate, maintain, or control the Service, and do not engage in network congestion management practices. The Provider uses network congestion management practices that may interfere with the speed or the availability of your Service. You should review the Provider’s disclosures for the network congestion management practices that may affect your use of the Service, including descriptions of congestion management practices; types of traffic subject to practices; purposes served by practices; practices’ effects on end-users’ experience; criteria used in practices, such as indicators of congestion that trigger a practice, and the typical frequency of congestion; usage limits and the consequences of exceeding them; and references to engineering standards, where appropriate.
SPEED OF SERVICE
Speed rates, which describes the rate at which data is transmitted on the network, depend upon the cellular service coverage and equipment capabilities. The maximum speed for the service is stated under optimal conditions and may vary significantly. Net All Over, Inc. does not offer, disclose, or guarantee minimum speeds. All subscriptions are provided on an AS IS basis and throughput speeds are not guaranteed.
Availability of service may vary and the speed of data may be reduced by things such as: data usage; proximity to and availability of service from your local tower; the number of users using the network; and overall traffic or congestion in the area. Speeds and service could be disrupted or become unavailable from time to time due to maintenance, modifications, or repairs of the Provider’s infrastructure; emergencies; inclement weather or environmental changes; power outages; and other factors outside of our control or any of our Partner’s control.
Service with Net All Over, Inc. includes up to unlimited mobile hotspot data for normal Internet usage. Net All Over, Inc. makes a best effort to provide unlimited data, and may exchange your equipment in the event of a service disruption out of its control. Data limitations may vary based at the discretion of the providing network, and service may be subject to usage limits established by the Provider.
Net All Over, Inc. is not responsible for changes to the network made by the providing carrier and has no control over possible network optimization changes enforced by the Provider. All offers, content, promotions & prices listed today are subject to change without prior notice.
BE A GOOD NEIGHBOR
We want you to use your Internet service as much as you need to but we want to remind you of a few things:
Most of our subscribers live in rural areas where Internet resources are limited. Each tower gets a certain amount of bandwidth (speed) and if all of the people connected to a tower are using more than it has, it will slow down. This does not happen often but if it does, the carriers on the tower will throttle the speeds so that everyone has an opportunity to get some.
If a tower gets so congested that throttling either does not work OR safety and liability becomes a factor, carriers may either ask us to address this or they may deny service to specific users due to their specific usage and its affect on a tower. Once this occurs, it is out of our hands. We want to remind you that unlimited does not mean that you can do the equivalent of “turning all of your water faucets on and leaving them open 24 hours a day”.
As Mr. Spock said in the Star Trek series, “The needs of the many outweigh the needs of the few, or the one.” This is exactly what we mean when we ask you to police your own usage so that we do not have to. Leaving TV’s on while streaming even though no one is watching is wasteful and disrespectful to your fellow Internet users on the same tower. Downloading movies for permanent storage (if you do it legally) is ok, but creating your own library of 1000s of movies and music that we all know you will never watch or listen to is wasteful and if you do it, you will likely be removed from our network at some point. DON’T DO IT. If you try to run a mail server or web hosting server or ANY server without notifying us will at some point trigger a warning to us by a carrier and we will have no choice but to disconnect your service. DON’T DO IT.
Remember, rural citizens of the United States have limited access to Internet. You are fortunate to have this service where you live or you would not be using our service. Please be a good neighbor.
We do not own, operate, maintain, or control the Service, and do not engage in the blocking or rate-control of specific protocols or protocol ports, nor do we modify any protocol fields or inhibit or favor any applications or classes of applications. The Provider may engage in one or more of those activities. You should review the Provider’s disclosures for application-specific practices by the Provider that may affect your use of the Service.
Technical Support is offered on all Net All Over, Inc. devices and subscriptions. Support may include shipping a replacement device. All Shipped Replacement devices will include a pre-prepaid shipping label for the return of the non-working unit, if applicable.
All devices are the property of Net All Over, Inc. and must be returned within 7 days of receiving the new operating unit. Devices that fail to be returned within this window will be subject to a Device Replacement Fee.
Our technical support staff is not trained to, has no obligation to and will not assist you in installing and/or troubleshooting third-party modems, network cards, routers, complex network configurations or telephone lines, nor will they provide any technical assistance or support for any third-party software. Net All Over, Inc. is not responsible for connection problems due to a computer that is infected with viruses, spyware, or malware. It is the subscriber’s responsibility to initiate and be available for technical support during Net All Over, Inc.’s hours of operation. If a subscriber wishes to utilize Net All Over, Inc.’s technical support, the subscriber must be available to help troubleshoot the connection or computer setup. Net All Over, Inc. does not provide on-site technical support. Subscribers understand and agree that any technician or other person dispatched to troubleshoot equipment that is not an employee or agent of Net All Over, Inc. and that Net All Over, Inc. is not liable for any damages, costs or expenses relating to or arising from any acts, errors or omissions by any such technician or other person.
DOWNTIME CREDIT PRACTICE
Although rare, all cellular networks occasionally have localized tower outages which result in service disruptions. In the event this happens, downtime credit may be issued for downtime in excess of twenty-four (24) consecutive hours experienced, if applicable. Credit will be issued from the first point of contact about a technical issue affecting the account. During this time, subscription dues are still owed, and credits will be applied once the issue is resolved.
PRODUCT DESCRIPTION AND SIZE
Please be aware that all photos of any products sold on Net All Over, Inc. are for illustrative purposes only. Although we use reasonable efforts to ensure that our products are almost entirely similar to the photos offered on our website, it is possible that some photos shown on our website may not be entirely representative of the actual product. The final products received by you may vary slightly in color, make, model, manufacturer, and condition (your hardware could be new, refurbished, lightly used, etc). Additionally, you should be aware that all dimensions are approximate and not exact.
DEVICE ATTACHMENT RULES
The equipment used to access our service must be the original equipment provided by us to be used during the duration of subscription and must be returned upon termination of subscription. Subscription constitutes ownership of the subscription account ONLY and not ownership of any provided equipment (device) or carrier account that provided line is on. We will pass through or otherwise provide the warranties and technical support offered by the manufacturer and/or the Provider (if any).
We do not own, operate, maintain, or control the Service and do not have network management practices that entail the inspection of network traffic. We do not store personally-identifiable traffic information, we do not provide personally-identifiable traffic information to third parties, or use that information for non-network management purposes. The Provider uses or may use network management practices that entail the inspection of network traffic; storage of network traffic data; and use of network traffic data for non-network management purposes, including disclosure of such traffic data to third parties. The current Provider discusses these matters generally in its “Open Internet Information”, which refers to the providers generally-applicable privacy policies that may be viewed online at their site.
We do not own, operate, maintain, or control the Service, and do not take any measures to assure the security of your use of the Service or the security of the network. The Provider may take action to guard your security in the use of the network and to safeguard the network. Please refer to the Provider’s open internet disclosures for additional information.
Net All Over, Inc. does not provide professional installation for its products/services. If a subscriber requires a Professional Installation, it is their own responsibility to hire a third-party technician. Alarm systems, special configurations, or special applications may require a professional installation or additional equipment not available through Net All Over, Inc. Net All Over, Inc. may not provide nor is responsible for any special equipment not purchased through Net All Over, Inc.
LIMITATIONS OF SERVICE
If you have not purchased a dedicated subscription service(s), you are not permitted to use your account to continually connect to the Internet for web/ftp/mail or other services. Unlimited accounts are not dedicated accounts and do not provide for fixed connectivity of unlimited duration. Net All Over, Inc. reserves the right to disconnect users for excessive or exorbitant usage. Usage of 1 Terabyte (1 TB) or greater is considered excessive and its occurrence may generate a warning from us and monitoring of usage from that point on to determine that you are not violated the terms of our service. Net All Over, Inc. and the cellular service providers have implemented an abuse prevention and a fair use program and have the discretion to apply network management techniques, de-prioritization, and other management tools to monitor and disconnect any user who abuses the policy and remains connected for excessive periods through implementing improper techniques or otherwise violating Net All Over, Inc.’s policies. These parameters may be changed at any time at Net All Over, Inc.’s discretion.
CIRCUMSTANCES BEYOND NET ALL OVER, INC.’S CONTROL
Net All Over, Inc. will not be liable for delays, damages, or failures in performance due to causes beyond its reasonable control, including, but not limited to, acts of a governmental body, acts of God, acts of third parties, fires, floods, strikes or other labor-related disputes, of other things we do not control, or an inability to obtain necessary equipment or subscriptions.
We may terminate this subscription with you, and or any services we provide at our discretion, at any time, or if we determine that you or any user of your service, (1) have violated any applicable laws while using our Platform; (2) have violated any portion of this Agreement or any of our Platform policies; (3) if we believe that any of your current or future actions may legally harm Net All Over, Inc., our business interests or a third party, at our discretion. (4) deceive or commit theft from us (5) fail to pay your bill, or have a history of billing issues with Net All Over, Inc. (6) (a) harass, threaten, or use vulgar, or inappropriate language toward our representatives; (b) “spam,” or engage in other abusive messaging or calling; (7) modify or tamper with, in any way, a device that is property of Net All Over, Inc.; or (8) engage in any detrimental behavior including, but not limited to, data abuse, torrenting or other forms of misuse of any services offered by Net All Over, Inc. Where we have terminated this Agreement with you at our discretion, where you have any ongoing subscriptions, we may refund you a prorated portion of any unused subscription fees that have been paid for. In the event of termination, we will strive to provide you with a timely explanation; however, we are not required to do so.
TERMINATION BY CELLULAR SERVICE PROVIDER
If, in the Cellular subscription Provider’s sole discretion, (a) a subscriber is in breach of the Acceptable Use Policy; (b) a subscriber’s use of the subscription is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the subscription, the Wireless Service Provider and/or it’s partners’ servers or other equipment, or the use and enjoyment of other users; (c) a subscriber acts in an abusive or menacing manner when dealing with The Cellular Service Provider’s technical support staff, customer service staff or any other of the Wireless Service Provider’s employees or representatives; (d) the Cellular Service Provider receives an order from a court to terminate a subscriber’s service; or (e) the Cellular Service Provider for any reason ceases to offer the subscription, then the Cellular Service Provider at its sole election may terminate or suspend such subscriber’s service immediately without notice. For a termination in accordance with this paragraph, the subscriber remains liable for all unpaid fees and other charges accrued or otherwise payable under the terms of this Agreement, any equipment charges set forth herein, if applicable.