Trademarks, product names, and company names and logos appearing on STi Mobile are the property of their respective owners. User must obtain permission from the owners before copying or using the owner's trademarks, product names and company names and logos.

top of page

Digital Millennium Copyright Act

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
6. A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The Designated Agent for notice of copyright infringement claims may be reached as follows:
   
   By Mail:
   Legal Department
   30-50 Whitestone Expressway
   Flushing, NY 11354
   
   By email: copyrightnotice@stimobile.com
   
   Counter Notification to Claimed Copyright Infringement
   If a copyright infringement notice has been wrongly filed against you as a result of mistake or a misidentification of the material, you may file a counter notification with STi Mobile Designated Agent. The counter notification must provide the following information:
   
7. Physical or electronic signature of the subscriber;
8. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
9. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
10. The subscribers name, address, telephone number and email address, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.

top of page

Third Party Content

STi Mobile is a distributor and not a publisher of Content supplied by third parties and has no more editorial control over that Content than a public library or newsstand. STi Mobile is not responsible for any opinions, advice, statements, services or other information that constitutes Content and is provided by third parties. STi Mobile does not guarantee the accuracy, completeness or usefulness of that Content. The user is responsible for evaluating such Content.

top of page

On Line Conduct

Any conduct by a user that in STi Mobile's sole discretion restricts or inhibits any other user from using or enjoying this Internet site will not be permitted. User will use this Internet site only for lawful purposes.
User may not post on or transmit through this Internet site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate applicable laws.
STi Mobile may prohibit conduct, communication, or Content that it, in its sole discretion, believes to be harmful or objectionable to individual users, STi Mobile or its affiliates, or any rights of STi Mobile or any third party, or to violate applicable laws. Notwithstanding the foregoing, STi Mobile cannot ensure prompt editing or removal of questionable Content after online posting. Accordingly, neither STi Mobile, nor any of its affiliates, nor the officers, directors, employees and other representatives of any of them, assumes liability for any action or inaction with respect to conduct, communication, or Content on this Internet site.

top of page

No Warranties; Limitation of Liability

Use of this Internet site is at user's sole risk. Neither STi Mobile, nor its affiliates, nor any of its officers, directors, or employees, agents, third-party content providers, vendors, licensers, or the like, warrant that this Internet site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this Internet site, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through this Internet site (see below regarding product warranties provided by handset manufacturers).
STi MOBILE IS PROVIDING THIS INTERNET SITE AND ITS CONTENT ON AN "AS IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS INTERNET SITE OR ITS CONTENT. STi MOBILE DISCLAIMS ALL THOSE REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. FURTHER, STi MOBILE DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE ON OR THROUGH THIS INTERNET SITE IS ACCURATE, COMPLETE OR CURRENT, AND ALL INFORMATION, INCLUDING PRICES AND AVAILABILITY, IS SUBJECT TO CHANGE WITHOUT PRIOR NOTICE TO USER.
Except as otherwise specifically stated on this Internet site, neither STi Mobile nor any of its affiliates, nor the directors, employees or other representatives of any of them, is liable for damages arising out of or in connection with the use of this Internet site, including mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, or delays in operation or transmission. This is a comprehensive limitation of liability that applies to all damages of any kind, including compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

top of page

Security Policy

STi Mobile uses reasonable precautions to protect the privacy of your credit card and other ordering information by utilizing a Secure Socket Layer ("SSL") connection. Accordingly, your credit card and other ordering information, such as your name and address, is encrypted using the SSL connection and is not expected to be read in an intelligible form as it travels to STi Mobile' order processing system. STi Mobile' order processing systems is not connected to the Internet and is not accessible to the public.
Many web browsers support the use of an SSL connection, but if your browser does not support the use of an SSL connection or if you prefer not to send your credit card number over the Internet, you can visit one of many retailers that distribute our products.

top of page

Privacy Policy

STi respects the privacy of its customers, and other individuals and businesses using the Web sites owned and operated by STi and its affiliates ("STi Sites"). This updated Privacy Policy effective November 3, 2003 is to keep you informed about the types of information collected on STi Sites and how the information is used and protected. The revised Privacy Policy includes information about advertisements on STi Sites and access to your account information.
STi protects the privacy of its wireless customers consistent with the Federal Telecommunications Act and rules and regulations issued by the Federal Communications Commission.
There are two types of information that may be exchanged between the STi Site and the user during each visit to a STi Site. They are:

1. General technical data transmitted between your computer and the STi Site that does not identify you personally.
2. Personally identifiable information that you voluntarily share. The types of personally identifiable information that you might share include your name, address, phone number, e-mail address and credit card number.

ANONYMOUS INFORMATION
In order to provide you with the information and services that you look for from the STi Sites, STi gathers certain types of information from you that are not personally identifiable. This is called anonymous information and includes:

1. The type of Internet browser you use when you visit
2. The type of computer operating system you use
3. The search engine you use to access the STi Sites (such as "AOL.com," "Yahoo.com" or "Go.com")
4. The specific STi Site that you visit (stimobile.com).

The anonymous information collected is not associated with you personally or your business. STi uses this anonymous information in the aggregate to improve STi Sites and the services we provide through those sites.

USE OF COOKIES
STi Sites may use "cookies" to collect the anonymous information described in this Privacy Policy. Cookies are bits of encrypted data that are loaded by STi's server onto your computer when you visit a STi Site. The server can retrieve the cookies the next time you visit a site and use them to identify the computer as a return visitor. STi uses cookies to collect non-personally identifiable information and generically track usage patterns on the STi Sites in order to monitor activity and administer the sites. STi also uses information obtained from cookies to improve STi Sites, and make decisions concerning advertising, product offerings and services. Most users can disable cookies from their Internet browsers, receive a warning before a cookie is placed on their computer, and erase all cookies from their computer hard drives by following the instructions provided by the browser.

ADVERTISEMENTS ON STi SITES
Advertising companies may deliver ads on some STi Sites. You should be aware that when you click on these ads, the advertising companies might also deploy cookies to receive anonymous information about ad viewing by Internet users on STi Sites and other Web sites. This information is associated with your Web browser, but cannot be associated with your name or e-mail address without your permission. Therefore, advertising companies may know where your computer goes on the Web, but they do not know who you are unless you tell them. STi does not provide personally identifiable information about its customers or STi Site visitors to these advertising companies.

PERSONALLY IDENTIFIABLE INFORMATION
STi may ask you to provide what is often referred to as "personally identifiable information" such as your name, address, telephone number and e-mail address when you use STi Sites to: purchase a service or product online, enter a contest or sweepstakes, ask to receive information, respond to a survey, register with a STi Site, access your account, ask for a personalized service, request customer service online, or apply for a job. You always have the alternative of mailing or calling STi with the information requested if you do not wish to provide it online. Personally identifiable information provided at a STi Site to order STi services other than Internet services will be protected in the same manner as when the information is provided by other means such as over the telephone or by mail. We protect customer information obtained from STi’s wireless service customers consistent with federal laws governing telecommunications services and with regulations issued by the Federal Communications Commission.

We use personally identifiable information provided at a STi Site in the following ways unless otherwise specified:

1. For its intended purpose (such as to complete an online order for service),
2. To provide you with information about new STi products and services or products and services offered in conjunction with STi business partners.

DISCLOSURE TO THIRD PARTIES
STi will not sell or disclose to outside parties any personally identifiable information obtained from a STi online service or the registration at a STi Site without your consent except under the following circumstances:

1. When required by law,
2. When disclosure is necessary to protect the safety of a customer, third party or STi's property,
3. If it is required in connection with any sale or transfer of all or a portion of STi's assets.

When STi uses agents, contractors or other companies to perform services on its behalf, STi will require that they protect your personally identifiable information consistent with this Privacy Policy. STi may share the anonymous information described in this Privacy Policy with third parties from time-to-time.

E-MAIL COMMUNICATIONS
E-mail is an increasingly popular communication tool through which you and your business may communicate with STi. Likewise, STi may use e-mail to communicate with you, respond to your e-mail, and to tell you about new products and services. If you do not wish to receive e-mail promotions and new products and service announcements from STi, please follow the instructions that appear at the end of the e-mail communication that you receive from STi to have your name removed from the list.

SECURITY
STi utilizes several encryption methods to ensure that the data you submit on any of the STi Sites is secure. Through this "secure session," information that you input into a STi online order form will be sent and will arrive privately and unaltered at a STi server. This security prohibits access to your information by other companies and Web users.

CHILDREN
STi does not intend to collect personally identifiable information from individuals under 18 years of age. If STi becomes aware that a user who is under 18 is using a STi Site, STi will specifically instruct that individual that they are not to submit information on STi Sites without a parent or guardian's consent. If a child has provided STi with personally identifiable information without STi's knowledge, a parent or guardian of the child may contact STi at privacy@stimobile.com and STi will delete the child's information from our existing files.

LINKS
Some STi Sites contain links to other Web sites that are owned and operated by parties other than STi. Please be aware that this Privacy Policy does not extend to any Web sites other than those owned and controlled by STi.

ACCOUNT INFORMATION
You may always contact us at privacy@stimobile.com or by telephone or mail to verify your name, address, e-mail address, telephone number and/or billing information. STi will correct any information that is inaccurate.

QUESTIONS
If you have questions or comments regarding this Privacy Policy, you may contact us at privacy@stimobile.com. If you have submitted personally identifiable information, and would like that information deleted from our records, please contact us at our e-mail address, privacy@stimobile.com. We will use reasonable efforts to delete that information from our files.

UPDATES
STi may amend this Privacy Policy from time-to- time. These changes will be posted online.

top of page

Purchases

General. User agrees to purchase the products and services ordered on the various order screens when user clicks on the "SUBMIT" or similar button on the product or service order screens. The terms of the purchase agreement include the information included on the various order screens, the terms of this Section 8, and the STi Mobile Terms and Conditions of Service (see Section 9). Such agreement is in addition to and not in lieu of the agreement with user formed by user's use of the Internet site.

Agreement. This agreement for prepaid wireless service between you and STi Mobile and Affiliates sets your and our legal rights. These STi Mobile Terms and Conditions govern the use of your service and unit you have purchased. This agreement starts when you initialize service. If you do not want to accept and or be bound by these Terms and Conditions do not activate service or scratch off covering on the back of any recharge cards and return product with this agreement to the place of purchase within 15 days along with the original sales receipt.

By removing the scratch off coating and activating service, you agree to be bound by the STi Mobile Terms and Conditions. Not responsible for lost or stolen cards. Non-refundable. No redemption value or cash refunds. Recharge Card number may be invalidated at any time if not paid for by retailer. All rates and fees are subject to change without notice. Visit stimobile.com for current rates and information. For Customer Care call: 1 (800)-784-3277. When purchasing prepaid services you are responsible for prepaying all charges for using the service. The balance in your prepaid account is reduced by the charges attributable to your use of the service. You must keep a positive balance in your prepaid account to continue using the service. Anyone who purchases or uses the service, with or without the purchaser’s consent is considered a user and subject to the terms and conditions.

Service is available to your handset only when it is within the range of our system or of an operator with which we have an applicable agreement. Coverage maps you may have viewed are only estimates; actual service coverage and service quality may vary, and are not guaranteed under the terms and conditions.

You agree not to use the service or modify your unit in any fraudulent, unlawful, harassing, or abusive purpose, or in such a way as to create damage or risk to our business. Service is provided at our discretion and if terms and conditions are violated we can terminate your wireless service without any further notification or obligation to you.

All rates and fees are subject to change without notice. Service provided is subject to our business policies, which can change without notice. Calls are billed in full minute increments; and any fraction of a minute is rounded up and charged at the full minute rate. Calls are measured from the time the network begins to process the call (before the phone rings or the call is answered) through the termination of the call. To dispute charges you must notify us within 15 days of the date of the disputed call. Terms and conditions can be modified without notice; visit stimobile.com for current terms and conditions.

Product warranty by Manufacturer. Each STi Mobile product comes with a limited warranty provided by the manufacturer. The warranty for the products that you ordered can be viewed on the manufacturer’s website.

Limitation of Liability. Neither STi Mobile nor any of its affiliates, nor the directors, employees or other representatives of any of them are liable for damages arising out of or in connection with the use of the products or services obtained through this Internet site. This is a comprehensive limitation of liability that applies to all damages of any kind, including compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

Shipping and Billing to US Addresses Only; Availability. STi Mobile does not process orders to foreign shipping or billing addresses. STi Mobile tries to give product availability information on this Internet site, but sometimes products are unexpectedly unavailable. In addition, STi Mobile updates and improves its products and services on a continuous basis.

Email Receipt. After you place an order with STi Mobile, you should receive an email acknowledgment within one business day to confirm that STi Mobile has accepted your order and is processing it. The email will contain the details of your order, the itemized and total amounts that will be billed to your credit card, including all applicable taxes and charges. A receipt will also be included with your purchase. Be sure to keep your receipt. You will need it if you require any warranty service.

Charging Your Credit Card. STi Mobile "pre-authorizes" the card at the time of the order. This will reserve funds on the card to account for merchandise amount, tax and shipping. This does not, however, place the charge on the card. It only holds the funds. We will charge the card at the time the product ships. You will be notified at the time of purchase if your credit card is not pre-authorized.

Prices, Taxes and Shipping & Handling. All prices are stated and payable in US dollars. The prices for products and services quoted on this Internet site do not include taxes.
STi charges all applicable taxes on products and services.

Exchange Policy. Defective handsets may be exchanged within 14 days of purchase in the case of a manufacturers defect. This policy does not apply to breakage caused by customer negligence or water damage. Note the exchange policy, including the number of days for exchange, may be changed without notice and the policy may not apply to certain products.

To exchange a defective handset, please call STi Mobile at 1-800-499-4STI (4784) to obtain a Return Authorization and shipping instructions. You must return the product at your expense, complete with all accessories that came with the product, in the original box with all materials and package inserts within 14 days of your purchasing the handset. A copy of your receipt must accompany the return. Upon STi Mobiles’ receipt of the returned product, STi Mobile will ship you the replacement handset.

No Warranties by STi Mobile. STi Mobile MAKES NO EXPRESS REPRESENTATIONS OR WARRANTIES ABOUT ITS SERVICES AND DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. STi Mobile DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON ITS BEHALF AND USER MAY NOT RELY ON ANY STATEMENT OF WARRANTY. STi Mobile IS NOT THE MANUFACTURER OF THE PRODUCTS AND THE ONLY WARRANTY APPLICABLE TO THE PRODUCTS USED IN CONNECTION WITH THE SERVICES IS THAT PROVIDED BY THE PRODUCT MANUFACTURERS. THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT.

top of page

STi Mobile Terms and Conditions of Service

Effective as of November 3, 2003 until replaced.

Thanks for choosing STi. These terms and conditions are part of your agreement with STi for Mobile Services.
For the most current version of the terms and conditions, please visit our website at www.stimobile.com or call STi Mobile Customer Service at 1-800-784-3277, because the terms and conditions included with your Mobile Phone may not be the most current version. If you activated Mobile Services before the effective date of these terms and conditions, these terms and conditions replace and supersede any previous terms and conditions.
If you have questions about your STi Mobile Services, call STi Mobile Customer Service at 1-800-784-3277 or visit our Web site at www.stimobile.com.
Para solicitar esta literatura en español, por favor contactar a 1-800-784-3277

Agreement. Your agreement ("Agreement") with STi Mobile and any of its affiliates doing business as STi providing Mobile Phone Services ("Services") to you is made up of these Terms and Conditions of Service ("Terms"). We use the words "we," "us," "our" or "STi" to refer to STi Mobile and its affiliates doing business as STi in these Terms. When you activate Services or attempt to use our Services (including, without limitation, attempting to place a call) you accept the Agreement.

Provision of Service. Your purchase of a digital Mobile Phone or other equipment does not mean that we must provide Services to you. We may decide not to provide Services to you for any lawful reason. We may request that you provide us with any information we reasonably require to determine whether you qualify for Services. Services in some areas are managed and provided under contract with STi by independent affiliates to our network provider. Some Services may not be available or may operate differently in certain affiliate markets.

Changes to Agreement. We may change this Agreement at any time. Any changes to the Terms are effective when we publish the revised Terms. If you use our Services or make any payment to us on or after the effective date of the changes, you accept the changes. If you do not accept the changes, you may terminate Services. For purposes of the Agreement, "use" includes keeping the right to access the STi Mobile Coverage Area by not terminating Services. You may not modify the Agreement.

Use of Services and Equipment; Availability. Services and equipment may not be used for any unlawful, fraudulent or abusive purpose. By requesting Services, you agree that you will not use Services and equipment in any unlawful, fraudulent or abusive manner. You may not resell or lease Services or equipment to anyone. Services are available within the operating range of the STi Coverage Area. Coverage and quality of Services may be affected by conditions within or beyond our control, including atmospheric, geographic, or topographic conditions. We do not guarantee that there will be no interruptions or delays in Services. Your STi Mobile Phone will not accept the services of any wireless provider other than STi.

Number. We assign a phone number ("Number") to the phone or other equipment used by you in the STi Coverage Area. We may change the Number without compensation by giving you prior notice. You do not own the Number. You may not modify the Number we program into any phone or other equipment, transfer or duplicate the Number to any phone or other equipment other than that authorized by us, or transfer the Number to any other individual or entity.

Phone Activation Fee. You are required to pay a non-refundable phone activation fee when you activate a new Number; have your current Number changed or activate a different phone. Details on any applicable phone activation fee can be obtained by calling STi Mobile Customer Service.

Charges. Airtime is billed in one-minute increments and any fraction of a minute is rounded up and charged at the full minute rate; calls are measured from the time the network begins to process the call (before the phone rings or the call is answered) through the termination of the call. Airtime may be invalidated if not paid for by the retailer. Directory assistance calls will be billed at 79¢ plus airtime. Additional restrictions apply; see terms and conditions for more details. For most forms of wireless Service, your usage will be charged from the time you first initiate contact between your phone or other wireless device and the network until the network connection is broken, whether or not you are successful in connecting with the service with which you seek to connect, even if the connection is later broken or dropped. An exception is that you are not charged for voice calls that are not completed. You are charged for completed calls to your Number from the time shortly before the phone starts ringing until the call is terminated by either party. In addition to these usage charges, you may be charged for recurring monthly service charges, applicable local and long-distance toll charges, other usage charges, connection fees, roaming charges, directory assistance, call completion charges, account review and management charges, optional features you select at an extra cost, and taxes and other regulatory-related charges. Charges for most Services are incurred in one-minute increments, with partial minutes of use rounded up to the next highest minute.

Termination. You must maintain a positive balance in your prepaid account to make or receive calls. If you do not maintain a positive balance for 14 consecutive days, or if you do not use your phone for 60 consecutive days, your account will be deactivated and your phone number and voicemail account will be lost. To reactivate your account, purchase a Recharge Card then call Customer Care at 1 (800) 784-3277 to receive a new phone number and voicemail account. For STi Unlimited Plus plans, your prepaid account must have available funds equal to or greater than the amount of your monthly plan fee; your monthly plan fee will be deducted from your prepaid account every 30 days from the date of activation. Regardless of whether you have a Non-Term or a Term Service Plan, we may terminate or suspend Services to you without liability (1) if you breach any provision of this Agreement (including if you fail to pay any charges for Services), or (2) if you fail to pay any charges due us for equipment or otherwise. If you promptly cure the breach, we may, but are not obligated to, reactivate Services to you. You must pay all charges for (a) Services provided before termination of a Number, (b) equipment, regardless of who terminates Services and (c) a reactivation fee, if we agree to reactivate Services to you.

Interruption of Service. We may give credit for a continuous interruption of Services for more than 24 hours on a case-by-case basis. Interruptions caused by your negligent or willful actions, or by failure of equipment or service not provided by us, or by causes beyond our reasonable control, do not qualify for credit. We may provide you with an airtime credit of one minute for a call that is disconnected because of transmission limitations caused by atmospheric, geographic or topographic conditions and that you redial within one minute of disconnection. You must notify us within 24 hours of the disconnection to request credit.

Phones and Other Equipment. Phones and other equipment may be purchased and returned as provided in the purchase documents. We are not the manufacturer of the phones or other equipment. The only warranties on the phones or other equipment are any limited warranties extended by the manufacturers. We have no liability in connection with the phones and other equipment or for the manufacturers' acts or omissions.

Lost or Stolen Equipment. If your phone or other equipment is lost or stolen, you must notify us by calling STi Mobile Customer Service. You are responsible for all charges for Services provided to the Number for the lost or stolen equipment. We will deactivate Services to the Number upon notification to us of any loss or theft. If the equipment is later found, we may require that you exchange it for another phone or other equipment before we reactivate Services (if we do reactivate Services), as well as require you to pay a reactivation fee. We will deactivate Services to any Number without prior notice to you if we suspect any unlawful or fraudulent use of the Number. You agree to cooperate reasonably with us in investigating suspected unlawful or fraudulent use.

Caller ID. If you do not want people you call to receive the Number assigned to your phone, you must call STi Mobile Customer Service Solutions for information about automatic Caller ID blocking. The Number assigned to your phone can be blocked on a per-call basis by dialing *67 + Destination Number + TALK (or similar key), but Caller ID delivery resumes on the next call you make. Caller ID display on incoming calls to your Number depends on receiving the information from the calling party.

Pay-Per-Call Service. STi Mobile will not complete calls from your Number to 900, 976 and similar numbers for pay-per-call services.

Limitation of Liability. Except as otherwise provided in this section, our sole liability to you for any loss or damage arising out of providing or failing to provide Services (including mistakes, omissions, interruptions, delays, errors, or defects) does not exceed (1) in cases related to a specific piece of equipment, the prorated MRC for Services to the piece of equipment during the affected period, or (2) in cases not related to a specific piece of equipment, the prorated MRCs for Services to you during the affected period. Neither we nor our vendors, suppliers or licensors are liable for any damage arising out of or in connection with:

• any act or omission of any telecommunications service or other service provider other than us;
• any directory listing;
• any dropped calls or inability to place or receive calls;
• any interruption of Services, including interruptions caused by equipment or facilities failure or shortages, transmission limitations or system capacity limitations;
• traffic or other accidents, or any health-related claims allegedly arising from the use of Services, phones, equipment or accessories used in connection with the Services;
• any late or failed message delivery;
• any interruption or failure of 911 or E911 emergency services or identification of the Number, address or name associated with any person accessing or attempting to access emergency services from your phone;
• the installation or repair of any products or equipment by parties who are not our authorized employees or agents;
• events due to factors beyond our control, including acts of God (including, without limitation, weather-related phenomena, fire or earthquake), war, riot, strike, or orders of governmental authority;
• any act or omission of any third party or independent contractor that offers products or services in conjunction with or through the Services; or
• your negligent or intentional act or omission.

NO CONSEQUENTIAL OR OTHER DAMAGES. NO CONSEQUENTIAL OR OTHER DAMAGES. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH PROVIDING OR FAILING TO PROVIDE SERVICES, PHONES OR OTHER EQUIPMENT USED IN CONNECTION WITH THE SERVICES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF BUSINESS, OR COST OF REPLACEMENT PRODUCTS AND SERVICES. THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT.

Indemnification. You indemnify and defend us, our partners, directors, officers, employees and agents from and against any claim, action, damage, liability and expense arising out of or in connection with: (1) your acts or omissions that occur in connection with your use of the Services or equipment used in connection with the Services, and (2) any communications you make or receive using the Services. This indemnification extends to and includes any attorney's fees and costs incurred by us arising from any actions or claims to which this indemnification applies, or from the contesting of the applicability of this provision. This section survives termination of this Agreement.

MANDATORY ARBITRATION OF DISPUTES. ANY CLAIM, CONTROVERSY OR DISPUTE OF ANY KIND BETWEEN THE CUSTOMER AND THE COMPANY AND/OR ANY OF ITS' EMPLOYEES, AGENTS, AFFILIATES OR OTHER REPRESENTATIVES, WHETHER SOUNDING IN CONTRACT, STATUTE, OR TORT, INCLUDING FRAUD, MISREPRESENTATION, FRAUDULENT INDUCEMENT, OR ANY OTHER LEGAL OR EQUITABLE THEORY AND REGARDLESS OF THE DATE OF ACCRUAL OF SUCH CLAIM, CONTROVERSY OR DISPUTE SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION AS PRESCRIBED IN THIS SECTION. THE FEDERAL ARBITRATION ACT, NOT STATE LAW, GOVERNS THE QUESTION OF WHETHER A CLAIM IS SUBJECT TO ARBITRATION. HOWEVER, NOTHING CONTAINED IN THIS ARBITRATION PROVISION SHALL PRECLUDE THE CUSTOMER FROM RESOLVING ANY CLAIM, CONTROVERSY OR DISPUTE IN SMALL CLAIMS COURT HE OR SHE OTHERWISE WOULD HAVE THE RIGHT TO PURSUE.
A single arbitrator engaged in the practice of law will conduct the arbitration. The arbitrator will be selected according to the rules of the American Arbitration Association or JAMS or, alternatively, may be selected by agreement of the parties, who shall cooperate in good faith to select the arbitrator. The arbitration will be conducted by, and under the then-applicable rules of American Arbitration Association or JAMS, as applicable. All expedited procedures prescribed by the applicable rules will apply. Any required hearing fees and costs shall be paid by the parties as required by the applicable rules or as required by applicable law, but the arbitrator shall have the power to apportion such costs, as the arbitrator deems appropriate.
The arbitrator's decision and award will be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court with jurisdiction.
If any party files a judicial or administrative action asserting a claim that is subject to arbitration and another party successfully stays such action or compels arbitration, the party filing that action must pay the other party's costs and expenses incurred in seeking such stay or compelling arbitration, including attorney's fees.

Notices. You may get our current address for written notice by calling STi Mobile Customer Service. Written notice is deemed delivered 3 days after deposit in the U.S. mail, postage prepaid, and properly addressed. Unless required by this Agreement or Applicable Laws, (1) you may notify us by calling STi Mobile Customer Service, and (2) we may notify you by leaving a message for you on your STi Mobile Phone, answering machine or with your answering service. Notice addresses may be changed by giving notice as provided in this section.

Choice of Law. This Agreement is governed by and must be construed under federal law and the laws of the State of New York, without regard to choice of law principles. You agree to submit yourself to the personal jurisdiction of the courts in the State of New York.

General. If either of us does not enforce any right or remedy available under this Agreement, that failure is not a waiver of the right or remedy for any other breach or failure by the other party. Our waiver of any requirement in any one instance is not a general waiver of that requirement and does not amend this Agreement. If any part of this Agreement is held invalid or unenforceable, that part is interpreted consistent with Applicable Laws as nearly as possible to reflect the original intentions of the parties and the rest of this Agreement remains in full force and effect. Section headings are for descriptive purposes only and are not used to interpret this Agreement. You may not assign this Agreement to any other person or entity without our prior written approval. This Agreement (including any referenced documents and attachments) makes up the entire agreement between you and us and replaces all prior written or spoken agreements, representations, promises or understandings between you and us. The provisions of this Agreement that are contemplated to be enforceable after the termination of this Agreement survive termination of this Agreement. This Agreement is subject to any applicable federal and state law (collectively, "Applicable Laws"). The following provisions are not generally applicable and apply only to customers whose Service Plans include these terms:
STi Mobile All rights reserved. No reproduction in whole or in part allowed without prior written approval. STi is a registered trademark of STi, used under license.

top of page

Termination of Access

STi Mobile may terminate your access to all or part of this Internet site without notice, for any conduct that STi Mobile, in its sole discretion, believes to be harmful to individual users, STi Mobile or any of its affiliates, or any rights of STi Mobile or any third party, or to violate applicable laws.

top of page

Change in Internet Site or in User Agreement
This Internet site is subject to change without prior notice and your use of this site after a change means that you have agreed to that change.
STi Mobile may modify this User Agreement at any time by posting the revised agreement on the Internet site. Any revised User Agreement is effective upon the user accessing this Internet site.

top of page