Terms & Conditions
Learn more about the Terms & Conditions for iWirelesss service.
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If you are under the age of 13, we are required by law to receive consent from your parent or legal guardian before collecting any self-reported personal information from you. For more information on the Children's Online Privacy Protection Act (COPPA), check out the FTC web site.
Terms & Conditions
This is an agreement ("Agreement") for prepaid wireless radio telecommunications services and related services and/or features ("i-wireless Service" or "Service") between you and Cincinnati Bell Wireless LLC ("Cincinnati Bell," "us," "we," or "our"), which is licensed to provide Service in the area associated with your assigned telephone, data and/or messaging number(s) ("Number"). The term "Device" means wireless receiving and transmitting equipment that we have authorized to be used for i-wireless Service and programmed with the Number and any accessories. IF YOU USE THE SERVICE OR THE DEVICE, YOU CONSENT TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT USE THE SERVICE OR DEVICE AND NOTIFY US IMMEDIATELY TO CANCEL SERVICE.
All charges are subject to change.
- I-WIRELESS SERVICE
- Term: The term of this Agreement for prepaid wireless Service depends on your account expiration which occurs either (1) on the expiration of the Personal Identification Number ("PIN") or expiration of the applicable dollar denomination or (2) at the end of your final service period, whichever occurs first. The term of accounts with certain Lifeline plans is dependent on voice usage.
PINs or dollar denominations:
$0.01 - $19.99 Expire 30 days from activation
$20.00 or $99.99 Expire 90 days from activation
$100.00 Expire 365 days from activation
If you subscribe to a rate plan that includes a daily, weekly or monthly service fee, your account will expire at the end of your final service fee period.
Your Number will be reclaimed 60 days after your account expires if you do not activate a PIN or dollar denomination ("replenish") on your account during those 60 days. You have no ownership rights to your assigned Number or other identifier provisioned by Cincinnati Bell, our agents or the manufacturer of the Device, and you agree that we may change your Number or other identifier at any time without prior notice to you.
- i. Replenishments: You must replenish your account before your current balance expires or you will lose any unused balance in your account. Replenishing your account before your balance expires will give the new expiration date to both your old balance and your new account balance. Your maximum account balance is $300.00. PINs and account replenishments are for i-wireless prepaid Service only. They have no cash-redemption value and are non-refundable and non-transferable. If you make 5 consecutive incorrect attempts to add PINs to your account, you will be barred from adding money to your account for 24 hours.
- Monthly Service Fee Plans:
- Your monthly service date is the date each month our system collects the fee for your next month of service from your account balance. Your monthly renewal date is based on a calendar month. For example, if you begin your service on the 11th, your monthly renewal fee will be due at 3:30 A.M. on the 11th of each following month. However, if you begin your service on the 29th, 30th or 31st, your monthly renewal date will be the 28th of each following month. Our system will collect the fee from your account at 3:30 A.M. on your monthly renewal date
- You will need at least the amount of money necessary to cover your monthly service fee on your account balance by 3:30 A.M. on your monthly renewal date to renew your next month of service. Our system will look for your next payment and automatically collect the next monthly service fee.
- If you do not have a balance of at least the amount of money necessary to cover your monthly service fee on your account when our system looks for the monthly service fee, your account will expire.
- If you miss your monthly renewal date but would like to sign up for another month of service, you must return your account balance to the amount of money necessary to cover your monthly service fee within 89 days of missing your monthly service fee collection. Our system will automatically collect the monthly service fee from your account balance, return your account to active status, provide you with another month of service and a NEW MONTHLY RENEWAL DATE.
- Weekly Service Fee Plans:
- Your weekly renewal date is the day each week our system collects the fee for your next week of service from your account balance. Your weekly service date will be the same day each week. For example, if you begin your service on Monday, your weekly renewal fee will be due at 3:30 A.M. on the Monday of each following week. Our system will collect the fee from your account at 3:30 A.M. on your weekly renewal date.
- You will need at least the amount of money necessary to cover your weekly service fee on your account balance by 3:30 A.M. on your weekly service date to renew your next week of service. Our system will look for your next payment and automatically collect the next weekly service fee.
- If you do not have a balance of at least the amount of money necessary to cover your weekly service fee on your account when the system looks for the weekly service fee, your account will expire.
- If you miss your weekly renewal date but would like to sign up for another week of service, you must return your account balance to the amount of money necessary to cover your weekly service fee within 89 days of missing your weekly service fee collection. Our system will automatically collect the weekly service fee from your account balance, return your account to active status, provide you with another week of service and a NEW WEEKLY RENEWAL DATE.
- Account Expiration: If your account expires, you will lose calling, voice mail, text and data capabilities until your account becomes active.
- Coverage Area: The Prepaid Home Service Area is depicted online at www.i-ontheweb.com.
- Availability/Interruption. Service is normally available to your Device when it is within the operating range of our system and may be available outside of that area in other participating carrier service areas. Service functionality may vary when outside our system. Service is subject to transmission limitation, reduction in transmission speed, or interruption caused by weather, your equipment, terrain, obstructions such as trees or buildings, or other conditions. Service may be limited in some areas where coverage is not available or may be temporarily limited or interrupted due to system capacity limitations, system repairs or modifications, or in response to suspected fraud, abuse, misuse of the network, hacking or malicious viruses. Interruption may also result from nonpayment of charges by you. We may, without notice, block access to certain categories of numbers (e.g. 976, 900 and certain international destinations) or certain web sites if, in our sole discretion, we are experiencing excessive billing, collection, fraud problems or other misuse of our network. We may, but do not have an obligation to, refuse to transmit any information through the Service and may screen and delete information prior to delivery to you or the Device as permitted by law. We are required by law to receive consent from a parent or legal guardian before collecting any self-reported personal information from a child under the age of 13. Some aspects of the Service may be temporarily unavailable if personal information is provided by a child under the age of 13. Without parental consent, children under the age of 13 will not be able to use certain aspects of the Service as required by applicable law or regulation. Certain devices may be incompatible with TTY, so TTY users may be unable to make emergency calls. You will need at least 3 bars of signal strength on the display of the Device to place and receive calls and to replenish your account.
- Use of Service/Device/Number. Reproduction, retransmission, dissemination or resale of Service is prohibited without prior written contractual arrangements with us, and any required regulatory approvals. You are responsible for all content that you transmit through your Device. Cincinnati Bell Wireless has the right to interrupt or restrict Service to your Number without prior notice if Cincinnati Bell Wireless suspects fraudulent or abusive activity, or in our efforts to combat fraudulent use. Abnormal calling patterns, including repeated calls of an extended duration or a large number of repetitive calls to a particular number or numbers, or usage that is harmful or disruptive to Cincinnati Bell Wireless' systems or others' reasonable ability to use the services, may be considered abusive. Call duration in excess of 5 hours in length will automatically be disconnected. Your Device has been manufactured to operate exclusively with Service provided by Cincinnati Bell. The Device cannot be activated with any other wireless carrier. You are responsible for ensuring that your Device is compatible with our Service and meets federal standards. Your Device may contain preinstalled software necessary to use our Service. By using our Service, you agree to abide by the terms and conditions of any applicable software license. You have no ownership rights to the Number, any e-mail address or any other identifier provisioned by us, our agents or the manufacturer of your Device and agree we may change any such Number, e-mail address or any other identifier at any time with or without prior notice to you. You may not program the Number into any equipment other than the Device or change the electronic serial number (ESN) or Equipment Identifier (EID) of the phone. You can only activate a limited number of promotions on each Number. You consent to receiving advertising alerts and other broadcast messages from our authorized agents or us.
- Unauthorized Usage. You agree not to use the Device or Service for any unlawful, unauthorized or abusive purpose or in any way that damages our property or others' property, or interferes with, harms or disrupts our system or other operators' systems or other users. You will comply with all laws while using the Service and you will not transmit any communication or data that would violate any applicable federal or state laws, court order, or regulation, or would likely be offensive to the recipient. You may not install any amplifiers, enhancers, repeaters or other devices that modify, disrupt or interfere in any way with the radio frequency licensed to us to provide Service. If your Device, user name or password is stolen or Service is fraudulently used, you must immediately notify us and provide us with such documentation and information as we may request (including affidavits and police reports). Until you notify us, you will remain responsible for all charges. You agree to cooperate with us in any fraud investigation and to use any fraud prevention measures we prescribe. Failure to provide reasonable cooperation may result in your liability for all fraudulent usage.
- Use of Roaming Plans. While i-wireless Rate Plans include roaming in areas outside of the Cincinnati Bell Wireless digital network ("Home Service Area"), your principal residence must be within the eligible Home Service Area. Additionally, a minimum of 30% of your overall wireless usage on each device (as measured on a quarterly basis) must be within the Home Service Area. If you fail to maintain this minimum level of usage during any three-month period, we may suspend Service with or without prior notice to you, and terminate this Agreement. Rates while roaming are available in detail online at www.i-ontheweb.com.
- Data Use Policy. Wireless data may be in the following forms from wireless devices: (i) Internet browsing; (ii) e-mail; (iii) data applications; (iv) multi-media messaging (media includes but is not limited to pictures, audio files, and videos); (v) uploading or downloading files to/from the Internet (includes installing ringtones, games, wallpapers, & graphics); (vi) intranet access (including access to corporate intranets, e-mail and individual productivity applications such as customer relationship management, sales force and field service automation). These plans may not be used with service devices or with host computer applications. Prohibited uses may include, but are not limited to, high bandwidth continuous JPEG file transfers, automatic data feeds, telemetry applications, automated functions or any other machine-to-machine applications. Data may not be used to (i) generate or disseminate viruses, malware, or "denial of service" attacks, (ii) access or attempt to access without authority, the information, accounts, or devices of others, (iii) penetrate, or attempt to penetrate Cincinnati Bell Wireless' or another entity's network or system or (iv) run software or other devices that maintain continuously active Internet connections when a computer's connection would otherwise be idle. Data sessions cannot be used as a substitute for private lines or frame relay connections. Cincinnati Bell reserves the right to manage, restrict or block IP address assignments and IP Ports. Tethering, or using a Cincinnati Bell Wireless mobile device to connect another device to the network for accessing the Internet and using applications that consume data, is also prohibited. If Cincinnati Bell determines that a customer is tethering, Cincinnati Bell will block all data for a period of 30 minutes. After the initial 30 minutes, the customer will be able to resume using data on their wireless device. If tethering is detected again, data will be blocked for another period of 30 minutes. Usage Levels-Generally: To ensure the best possible experience for the greatest number of customers and to minimize the risk of exceeding capacity and degradation in network performance, Cincinnati Bell may, at our discretion and without notice, reduce, restrict, suspend or cancel your data service or change your rate plan if your total data usage (i) exceeds 500 MB per monthly billing period, 100 MB per weekly billing period, or 15 MB per daily billing period (limit is subject to change without notice), (ii) could interfere with other customers’ service, affect Cincinnati Bell’s ability to allocate network capacity among customers or degrade service quality for other customers, (iii) is excessive and unusual, or (iv) violates the terms of Cincinnati Bell’s Data Use Policy. Data allowances identified in a Wireless Data Service Plan must be used during the billing period in which the allowance is provided. Note: any per-line data usage that exceeds 500 MB per monthly billing period, 100 MB per weekly billing period, or 15 MB per daily billing period violates the Data Use Policy. The end-user's principal residence must be within the Home Service Area. You will have no data capabilities while roaming outside the Home Service Area.
- International Calling: Per minute charges to place international long distance calls from the Home Service Area or while roaming are in addition to local or roaming per minute charges. International calling rates while calling from the Home Service Area or while roaming are available in detail online at www.i-ontheweb.com.
- Use of Voice2Text Service. Voice2Text Service converts voicemail messages to text for delivery to your wireless number or email address. You can respond to messages from wireless callers by phone or text. Cincinnati Bell Wireless is not responsible for errors in the conversion of voice messages to text nor for content that is unlawful, harmful, threatening, abusive, vulgar, obscene, tortious, or racially, ethnically or otherwise objectionable. The service provides as accurate a conversion of the voice message as possible, although a user may still need to listen to the voice message for content. There are no controls or filtering of messages.
- The Commercial Mobile Alert System (CMAS) is an alerting network designed to disseminate wireless emergency alerts to CMAS-enabled devices. CMAS allows the Federal Emergency Management Agency (FEMA) to deliver emergency warnings to specific geographic regions through the use of cell towers. After receiving a warning, local designated cell towers will broadcast a wireless alert to CMAS-enabled devices. Wireless provider deployment of CMAS is voluntary. Cincinnati Bell Wireless will transmit CMAS wireless emergency alerts only to CMAS-enabled devices and only while operating on Cincinnati Bell Wireless’ 3G and 4G networks. CMAS-enabled devices operating on the Cincinnati Bell Wireless 2G network or connected to the Cincinnati Bell Wireless network via a picocell or a Wi-Fi Internet connection will not receive the emergency alert warning provided by CMAS. When roaming outside of the Home Service Area on another network, the delivery of wireless emergency alerts to CMAS-enable devices is contingent upon the deployment of CMAS by the roaming network provider. Cincinnati Bell Wireless assumes no responsibility for the failure of a CMAS device to receive an emergency alert.
- Generally, you are responsible for paying all charges to your account, including but not limited to: airtime, access, features, voice mail delivery, data usage, text messages, downloadables, alerts, roaming, long distance, directory and operator assistance charges, the price of the Devices and accessories, shipping/handling fees, and any taxes, surcharges, fees, assessments, or recoveries imposed from time to time on you or us as a result of use of the Service on your account or the purchase of goods. We reserve the right to deliver some or all of your long distance calls to a long distance provider of our choice. For all incoming and outgoing Service, the length of the call will be measured beginning when the "SND" (Send) or "Yes" key is pressed and ending the earlier of when the "End", or "No" key is pressed or our system terminates the call. Airtime usage on each call is billed in full minute increments, with partial minutes rounded up to the next full minute. For calls made from or received in the Prepaid Home Service Area, you will not be charged for busy or unconnected calls if you press "End" or "No" within a reasonable time. If your Device is used as a pager, you will be charged for messages. You are responsible for all data usage sent through our network and associated with the Device, regardless of whether the Device actually receives the information. Data usage is billed in full kilobyte increments, with partial kilobytes rounded up to the next full kilobyte. Standard airtime charges apply to 800, 866, 877, 888 and other toll-free numbers. Calls to Directory Assistance (411) are $1.49 each plus local per-minute charges.
- Taxes, Surcharges and Other Fees. Various taxes, surcharges, fees, and other assessments are imposed relating to the Service we provide to you, goods or services you purchase, and the wireless network and equipment used in providing the Service. You may be charged a fee to change your telephone number. We will determine, in our reasonable discretion, the taxes and other assessments that you are responsible to pay and the amounts of such charges. These may include federal, state or local taxes, surcharges or fees, as well as assessments to defray costs for federally mandated programs such as enhanced 911 service, local number portability and number pooling. You are responsible for paying these taxes and other assessments, regardless of whether they are assessed on you or us. To determine which jurisdictions' taxes and other assessments to collect, federal law requires us to obtain your Place of Primary Use ("PPU"), which must be your residential or business street address and must be within our licensed Prepaid Home Service Area. You agree to provide us your PPU and to promptly notify us of any changes in your PPU. If you do not provide us with an appropriate PPU, we may reasonably designate one for you.
- Service Fee Collection: For rate plans that include a daily, weekly or monthly service fee, the service fee will be collected from your account prior to the usage period the service fee covers.
- If you subscribe to a rate plan with a service fee and you do not have sufficient funds in your account when our system attempts to collect your service fee, your account will expire. Any remaining balance on your account when it expires will remain in your account until your balance expires, however, you will not be able to use that remaining balance until you replenish your account.
- The service fee will be collected when you activate a new account and when money is added to an account that has expired. The next service fee will be collected during the next 3:30 A.M. applicable collection scan.
- Every time you change your rate plan to a rate plan with a service fee, the service fee for your new rate plan will be collected. The next service fee will be collected during the next applicable 3:30 A.M. collection scan.
- Measured Rate Text and, Picture Messaging: The collection of measured rate (or pay per use) text messaging and picture messaging will be billed in arrears. If the collection of these charges brings your account balance to less than $0.05, all pay per use calling, text and data capabilities will be suspended until you add money to your account. If you do not have sufficient funds in your account for your pay per use charges, the system will collect the balance in your account and attempt to collect the remaining charges owed for up to 48 hours until 12:00 A.M. of the following day.
- Three Way Calling and Call Waiting: While using either the Three Way Calling or Call Waiting features, you will be charged airtime minutes for both connections to the other calling or called parties.
- CHANGES TO THIS AGREEMENT
Cincinnati Bell reserves the right to amend the terms of this Agreement at any time without notice. By using the Service or Device, you agree to be bound by the General Terms and Conditions set forth in the then current version of these Terms & Conditions. Terms & Conditions are available at all times at www.iontheweb.com. However, we will notify you if we modify a material term of this Agreement which would be materially adverse to you, including any change to the charges or conditions of your service, prior to the period in which the changes would go into effect.
The parties intend that the limitations on liability, warranty and damage awards provided for in this Agreement will apply to the fullest extent allowed by law. Some jurisdictions do not allow the exclusion of certain warranties or the waiver, limitation or exclusion of liability for punitive, incidental or consequential damages, or for intentional or willful conduct in some circumstances. To the extent that any of these limitations are not permitted by applicable law, they will not apply to you.
- Limitation of Liability. CINCINNATI BELL IS NOT LIABLE FOR ACTS OR OMISSIONS OF ANOTHER SERVICE PROVIDER OR ANY THIRD PARTY PROVIDERS OF SERVICES RELATED TO USE OF THE DEVICE OR SERVICE, FOR INFORMATION PROVIDED THROUGH YOUR DEVICE, LACK OF PRIVACY OR SECURITY EXPERIENCED WHEN USING THE DEVICE, EQUIPMENT FAILURE OR MODIFICATION OR CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING WITHOUT LIMITATION ANY REPRESENTATIONS THAT THE SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE FROM UNAUTHORIZED ACCESS (INCLUDING THIRD PARTY HACKERS OR DENIAL OF SERVICE ATTACKS). WE ARE NOT LIABLE FOR SERVICE OUTAGES OF 24 HOURS OR LESS, NOR FOR SERVICE LIMITATIONS OR INTERRUPTIONS, AS DESCRIBED IN PARAGRAPH 1.D ABOVE. OUR LIABILITY AND THE LIABILITY OF ANY UNDERLYING CARRIER FOR ANY FAILURE OR MISTAKE SHALL IN NO EVENT EXCEED OUR SERVICE CHARGES DURING THE AFFECTED PERIOD. TO THE FULLEST EXTENT ALLOWED BY LAW, YOU WAIVE ALL CLAIMS OF LIABILITY FOR ANY INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS. THE LIMITATIONS IN THIS SECTION 4 SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND APPLY WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, FRAUD, MISREPRESENTATION, OR OTHER LEGAL OR EQUITABLE THEORY. CINCINNATI BELL IS NOT LIABLE FOR (i) INJURIES TO PERSONS OR PROPERTY ARISING FROM USE OF THE SERVICE, THE DEVICE OR ANY EQUIPMENT USED IN CONNECTION WITH THE DEVICE OR (ii) THE INSTALLATION OR REPAIR OF THE DEVICE BY ANY PARTIES WHO ARE NOT CINCINNATI BELL EMPLOYEES. WE ARE NOT LIABLE FOR ANY ACT ASSOCIATED WITH THE PROPER EXERCISE OF RIGHTS UNDER THE PRIVACY AND/OR UNAUTHORIZED USAGE PROVISIONS OF THIS AGREEMENT. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
- Indemnification. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US, OUR AFFILIATES AND AGENTS AND ANY OTHER SERVICE PROVIDER, HARMLESS FROM CLAIMS OR DAMAGES RELATING TO THIS AGREEMENT OR YOUR PROMISES OR STATEMENTS MADE IN THIS AGREEMENT AND USE OF THE DEVICE OR SERVICE UNLESS DIRECTLY AND SOLELY ATTRIBUTABLE TO OUR SOLE NEGLIGENCE. AMONG OTHER THINGS, YOU MUST PAY ALL CHARGES OF ANY LONG DISTANCE COMPANY, WHICH CARRIES YOUR CALLS. EVEN IF WE CONNECT YOUR CALL TO A LONG DISTANCE COMPANY OTHER THAN THE ONE YOU REQUEST. YOU ALSO AGREE TO PAY OUR REASONABLE ATTORNEYS' AND EXPERT WITNESS FEES AND COSTS INCURRED IN ENFORCING THIS AGREEMENT THROUGH ANY APPEAL PROCESS. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
- No Warranties. WE MAKE NO EXPRESS WARRANTY REGARDING THE SERVICE OR THE DEVICE AND DISCLAIM ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT AUTHORIZE ANYONE TO MAKE ANY WARRANTY ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. WE ARE NOT THE MANUFACTURER OF THE DEVICE AND ANY STATEMENT REGARDING IT SHOULD NOT BE INTERPRETED AS A WARRANTY. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
- RESOLUTION OF DISPUTES
Please read this section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of court trials and class actions. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of this agreement.
- Arbitration Procedures. You must first present any claim or dispute to us by contacting Customer Care to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within 60 days. The arbitration of any dispute or claim shall be conducted in accordance with the American Arbitration Association’s ("AAA”) Wireless Industry Arbitration Rules ("WIA Rules"), as modified by this Agreement. The WIA Rules and information about arbitration and fees are available upon request from AAA online at www.adr.org. You and we agree that this Agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law. Unless you and we agree otherwise, any arbitration will take place in the county seat for the county in which your billing address is located. At either party's election, the arbitration shall be held telephonically. An arbitrator may award any relief or damages (including injunctive or declaratory relief) that a court could award, except an arbitrator may not award relief in excess of or contrary to what this Agreement provides and may not order relief on a consolidated, class wide or representative basis. In any arbitration applying the WIA Rules applicable to large/complex cases, the Arbitrators must also apply the Federal Rules of Evidence, and the losing party may have the award reviewed in accordance with the review procedures set forth in the WIA Rules. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.
- Costs of Arbitration. For claims of less than $1,000, you will be obligated to pay $25 and we will pay all other administrative costs and fees. For claims over $1,000 but under $75,000, you will be obligated to pay your share of the arbitration fees, but no more than the equivalent court filing fee for a court action filed in the jurisdiction where your billing address is located. For arbitrations in excess of $75,000, all administrative fees and expenses of arbitration will be divided equally between you and us. In all arbitrations, each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration.
- Waiver of Class Actions. By this Agreement, both you and we are waiving certain rights to litigate disputes in court. You and we both agree that any arbitration will be conducted on an individual basis and not on a consolidated, class wide or representative basis. If for any reason this arbitration clause is deemed inapplicable or invalid, or to the extent this arbitration clause allows for litigation of disputes in court, you and we both waive, to the fullest extent allowed by law, any right to pursue any claims on a class or consolidated basis or in a representative capacity.
- Limitations Period. Any arbitration or legal action with respect to any and all claims or causes of action related to or arising out of this Agreement must be brought within two years after the cause of action arises, or within the applicable statutory period of time, whichever is shorter. This limitations period does not apply to any given cause of action when the statutory limitations period for that cause of action cannot be waived, restricted or otherwise limited by you.
- Privacy. We are not liable for any lack of privacy, which may be experienced with regard to the Service. You authorize our monitoring and recording of calls to us concerning your account or the Service and consent to receiving advertising alerts or other broadcast messages from Cincinnati Bell or its authorized agents. Such incoming calls, alerts and messages are not charged against your account balance. We have the right to intercept and disclose any transmissions over our facilities in order to protect our rights or property.
- Account Information. Any person able to provide your name, date of birth, and the Number, will be deemed authorized by you to receive information about and make changes to your account, including adding new Service. You consent to disclosure of any information about you to any person as permitted by law if any Device programmed with your Number calls an emergency service number such as 911 or, if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of records or information without delay.
- Customer Proprietary Network Information ("CPNI") Consent. Under federal law, you have a right, and we have a duty, to protect the confidentiality of information about the amount, type and destination of your wireless service usage (collectively, CPNI). You consent to us sharing your CPNI with Cincinnati Bell Inc., its affiliates and its contractors, to develop or bring to your attention any products and services, or in the event of any merger, sale of some or all of the company assets or acquisition as well as in any insolvency, bankruptcy or receivership proceeding in which CPNI or other personal information would be transferred as one of the business assets of the company. This consent survives the termination of your Service and is valid until you revoke it. To revoke your CPNI consent at any time, notify us in writing at Cincinnati Bell Wireless, P.O. Box 1199, Cincinnati, Ohio, 45201221 East Fourth Street, Cincinnati, Ohio 45202, providing your (1) name, (2) home address, (3) home telephone number (including area code), (4) wireless Number (including area code), and (5) date-of-birth associated with your account. Revoking your CPNI consent will not affect your current wireless Service.
- Assignment. We may assign all or part of this Agreement without notice to you, which shall release us from any and all liability arising under this Agreement. You may not assign this Agreement without our prior written consent.
- Notices. Written notices are considered delivered and shall be effective when we send them by email to any email address you have provided to us, by text message to your Number or 3 days following the date deposited in the U.S. Mail addressed to your address as kept in our files. You are responsible for notifying us of any changes in your address. Written notice to us shall be effective when directed to our Customer Care Department and received at our address: P.O. Box 1199, Cincinnati, Ohio, 45201. Your notice must specify the date-of-birth associated with your account and Service Number. Oral notices shall be deemed effective on the date reflected in our records. We will not give you notice of any subpoenas or court orders related to your account or use of Service unless required by law.
- Force Majeure. Notwithstanding anything else in this Agreement, no default, delay or failure to perform on the part of Cincinnati Bell Wireless shall be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond our reasonable control, including but not limited to causes such as strikes, lockouts or other labor disputes; riots, civil disturbances, actions or inactions of governmental authorities or suppliers; epidemics, war, embargoes, severe weather, fire, earthquakes, acts of God or the public enemy or nuclear disasters.
- Entire Agreement. These General Terms and Conditions, together with any other documents directly or indirectly made a part of these General Terms and Conditions, represent the entire agreement between you and us, which may only be amended as described in this Agreement. This Agreement supersedes any inconsistent or additional promises made to you by any of our representatives, agents or dealers. If any part of this Agreement is found invalid, the balance of the Agreement remains enforceable. If you have entered into a written contract with us, signed by you or your authorized representative, the terms of the contractual agreement shall govern and shall supersede any inconsistent terms set forth in these General Terms and Conditions.
- Governing Laws. This Agreement is subject to applicable federal laws, federal or state tariffs, if any, and will be governed by the laws of the state of Ohio without regard to choice of law provisions. Where our Service terms and conditions are regulated by a state agency or the FCC, the regulations are available for your inspection; if there is any inconsistency between this Agreement and those regulations, this Agreement shall be deemed amended as necessary to conform to such regulations.
- Other Cincinnati Bell Services. You may have received special promotions or discounts on other services offered by Cincinnati Bell Wireless affiliates in connection with the purchase of certain wireless services. These promotions or discounts may terminate upon termination of this Agreement.
- No Waiver. No term or provision hereof shall be deemed waived and no breach excused unless such waiver or consent is in writing and signed by the party claimed to have waived or consented. Any consent by either party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
- Partial Invalidity. If any term or provision of this Agreement operates or would prospectively operate to invalidate this Agreement in whole or in part, then such term or provision only will be void to the extent of such invalidity, and the remainder of this Agreement shall remain in full force and effect; provided, however, that if such term or provision constitutes the essence of this Agreement, then this Agreement shall be deemed terminated without such termination constituting a breach herein.