General

EcoMobile's Terms of Service apply to the phones we sell and services we offer to our customers. By purchasing, activating or using an EcoMobile phone, you agree to these Terms of Service. If you do not agree to these Terms of Service, please contact EcoMobile Customer Service immediately at 1-877-326-9996.

Our service is provided at our discretion. We can modify or cancel it or take corrective action at any time without prior notice and for any reason, including, but not limited to, your violation of any of these Terms of Service. We might change our Terms of Service, including pricing, from time to time. Check the EcoMobile website, www.myecomobile.com, for the most recent pricing and Terms of Service. By purchasing an EcoMobile phone or using our service, you agree to be bound by the most recent version of our Terms of Service.

You agree not to use EcoMobile services in any way that is illegal, fraudulent or abusive, as determined by EcoMobile in its sole discretion. You may not alter any of the hardware or software on your EcoMobile phone. EcoMobile phones may not be purchased in bulk and sold to third parties.

The EcoMobile service is for personal use only. You may not use our service in a manner that interferes with another EcoMobile customer's use of our service. We have determined that our ability to provide good service may be impaired when customers place abnormally high numbers of calls, send or receive unusually high numbers of messages, or repeatedly place calls of unusually long duration, relative to typical usage by other EcoMobile customers on similar service plans. Such atypical usage suggests that a mobile phone is being used other than for personal use in violation of these Terms of Service.


Telecommunications Services

Telecommunications services are provided by EcoMobile, using the nationwide AT&T and Verizon Wireless networks exclusively with EcoMobile phones purchased from EcoMobile or an authorized retailer. You cannot use our service on any other network. Airtime may be used for domestic and international calling from the United States and for related services as contemplated by these terms. EcoMobile phones and phone numbers may not be used for pager or voicemail-only service, and EcoMobile may terminate any account if usage is limited to pager service or voicemail retrieval service.

Service is only available in geographic areas covered by the digital service network footprint of our service partners, AT&T and Verizon Wireless and their affiliates. Local phone numbers may not be available in certain AT&T and Verizon Wireless and affiliate markets.

Quality of service may be affected by conditions beyond our control, including atmospheric, geographic, or topographic conditions, or by you damaging your phone. We do not warrant or guarantee that service will be available at any specific time or geographic location, or that service will be provided without interruption. We may give credit for continuous service interruption of more than 24 hours on a case-by-case basis, if such interruption was reasonably within our control, and if you notify EcoMobile Customer Service at 1-877-326-9996 within seven days of the interruption.

Rates that vary based on the time of a call will be determined based on the location of the network equipment providing service for a particular call and not the location of your phone or your phone's area code. Airtime usage is measured from the time the network begins to process the call (before the phone rings or the call is answered) through the network's termination of the call (after you hang up). Therefore, call time data displayed on your phone may be inaccurate and may not be relied upon for billing purposes.
Service Options

EcoMobile provides you with the option to pay by the minute for your service. Several other service options have expired and are not available to new subscribers or to customers wishing to change their service plans. Customers currently on expired service plans may continue to use them until such time as we elect to cease offering these plans.

Ongoing Service Options

EcoMobile offers the following service options that allow you to pay by the minute for your service.

• 10¢ per Minute Pay-As-You-Go Basic Rate
• Pay 10¢ for each minute you use.

Account Status for Ongoing Pay-As-You-Go Offers

If you are enrolled in an ongoing Pay-As-You-Go offer your account will remain active (the "Active Period") for 30 days after you refill $10, 60 days after you refill $20, or 90 days after you refill $30 or $50. During the Active Period, you may make calls and use other services such as text messaging if you have a positive account balance sufficient to pay for the services. If you do not refill again during the 30, 60, or 90-day Active Period, your Pay-As-You-Go account will become inactive on the day following the expiration of the Active Period. If your account is inactive, you may not make or receive calls (other than 911 emergency calls), send or receive text messages, download ringtones, or use any other services—even if you have money in your account. If you are on our 10¢ Per Minute Pay-As-You-Go Basic Rate offer and you purchase a refill card within your active period, your account will not become inactive until the day following the expiration of the refill card.

During the 30 days following the expiration of the Active Period (the "Inactive Period") you may refill your account to make it active again. All of the airtime in your account will be reset and you will be allowed to keep your phone number.

However, if you do not refill during the 30-day Inactive Period, your Pay-As-You-Go account will expire and we will deactivate your service and you will lose your phone number. If your account expires and is deactivated, you must follow the activation process again in order to obtain service. You may visit our website (www.myecomobile.com) or contact EcoMobile Customer Service at 1-877-326-9996 to reactivate your account using a refill card or a debit/credit card. Although you may reactivate your account, you will not be able to reclaim the cash balance or any minutes/messages that remained in your account or the phone number assigned to your account before it expired.

Payment Methods

Refill Card

You add money to the cash balance of your EcoMobile account by using one of our refill methods. You can refill your account by (1) registering your credit or debit card, or (2) buying refill cards at any of thousands of retail locations. Refill cards come in increments of $10, $20, $30, and $50. Sales taxes apply.


Taxes and Surcharges

Stated prices for our service options do not include certain taxes or surcharges. EcoMobile charges state and local sales taxes, as well as surcharges for federal and state Universal Service Fund contributions and state and local 911 fees. Charges may also include a cost recovery surcharge. The amount of these surcharges may vary from time to time and by area. Surcharges are assessed to help defray our costs incurred in complying with federal and state telecommunications regulations. Surcharges are not taxes or fees that the government requires from consumers. EcoMobile collects sales taxes on all refill transactions for all service options.


Messaging

You can send and receive text messages of up to 160 characters including the address and subject line or picture messages with audio and up to 500 characters on your EcoMobile phone.

Rates

The following messaging rates apply:

•    Domestic text messages are 10¢ to send and 10¢ to receive;
•    International text messages are 20¢ to send and 10¢ to receive;
•    Domestic picture messages are 25¢ to send and 25¢ to receive, and may not be sent to international phone numbers;


Preventing Spam

If you are receiving unwanted text messages ("spam"), contact the source and unsubscribe or remove your phone number from the service. You will not be charged for EcoMobile service alerts.


Unsolicited Messages

If you intentionally send unsolicited messages ("spam") from your EcoMobile phone we may terminate your service without further notice.

Additional Charges

There is a charge of $1.75 for each call to directory assistance, plus airtime charges.

You may check your balance at any time free of charge by visiting our website (www.myecomobile.com). You may also check your balance from your mobile phone.

All rates are subject to change without prior notice, and additional surcharges and taxes may apply.

Calls are billed in one-minute increments, with a minimum time per call of one minute. Call times are rounded up to the nearest whole minute. International rates vary.

You can switch your number to another EcoMobile phone for no additional charge by calling EcoMobile Customer Service at 1-877-326-9996 to switch your phone number, in which case you may be charged $10.

Please contact EcoMobile Customer Service at 1-877-326-9996 or visit our website at www.myecomobile.com for additional pricing information or answers to any questions about our services. Calls to EcoMobile Customer Service may be monitored and recorded for quality assurance.


Account Suspension Related to Credit Card Chargebacks

If we have attempted to charge your credit card for a charge that we deem is authorized and valid under these Terms of Service, and the credit card company withholds such payment because the charge has been disputed (a "Chargeback"), we reserve the right to suspend your access to our service for up to 30 days until the Chargeback is reversed. If the Chargeback is not resolved and reversed, your account will be deactivated at the end of the 30-day period. If your account is reactivated you may be charged a fee for each Chargeback. If there are multiple Chargebacks associated with your account or we suspect or confirm any fraudulent activity in connection with your payments, we may, without limiting any other rights available to us, elect in our sole discretion to require you to add money to the cash balance of your EcoMobile account solely by means of refill cards.

Refunds and Returns

Refunds of Refill Cards and Account Balances

EcoMobile is not responsible for, nor do we refund, lost, stolen, misused, or damaged refill cards. EcoMobile does not accept returns of or provide refunds for refill cards. Please ask your retailer any questions regarding its return policy. Refill cards must be applied to your account within one year of purchase. All refill sales are final and non-refundable regardless of who uses or possesses your phone after you buy airtime, and regardless of whether the phone is used with your consent or knowledge.

Returning Your EcoMobile Phone

Phones purchased directly from EcoMobile may be returned for a full refund within 30 days of purchase. You must have the original receipt, packaging materials and all components. Please contact EcoMobile Customer Service at 1-877-326-9996 for instructions.

Phones purchased at a retail store may be returned to that store in accordance with the store's return policy. Please repack the phone and all components and bring it to the store at which you purchased it.

Lost or Stolen Equipment

If your mobile phone is lost or stolen, you are responsible for charges incurred until you notify us of the loss of your phone by calling EcoMobile Customer Service at 1-877-326-9996. Upon receiving notice that your phone is lost or stolen, EcoMobile will suspend your account. If you do not either activate a new EcoMobile phone or notify us that you have found your old phone within 60 days of the suspension of your account, you will lose your EcoMobile phone number and any account balance.

Phone Number

The phone number we provide for your use is and will remain the property of EcoMobile. We may give the phone number to another customer without telling you if you cancel your service with EcoMobile in order to use another mobile service (unless you transfer the phone number to another telecommunications provider in accordance with applicable regulations), or if your account expires and is deactivated. We may also change your number at any time, although we will notify you prior to any change. You can request to change your phone number up to three times each year.

Keeping Your Old Phone Number

Depending on where you live, you may transfer an existing wireline or wireless phone number to your EcoMobile service for use as your wireless phone number. To switch an existing phone number to EcoMobile, contact EcoMobile Customer Service at 1-877-326-9996 and we will walk you through the process. EcoMobile will not charge you to transfer your existing non-EcoMobile phone number to your EcoMobile phone. Before you call, please have a bill from your old wireless or wireline carrier available. When you switch from another wireless carrier to EcoMobile, you may have to pay a termination penalty if you terminate your contract early. EcoMobile will not reimburse you for any termination fees imposed by other carriers.

You will not be able to switch your area code without receiving a new local number from EcoMobile as well. For example, if you move from San Francisco to New York City, and your San Francisco number was 415-123-4567, you may keep 415-123-4567 as your number, but you may not switch your number to 212-123-4567. Although you may keep your old number and old area code, you should be aware that your New York friends might end up paying long distance charges when they call your San Francisco number from the New York area.

Acceptable Use of EcoMobile Products and Services

You may not use EcoMobile's service for any illegal purpose, including to harass, threaten, abuse, defame, or slander any individual or entity. You may not use our service in a manner that interferes with another EcoMobile customer's use of our service.

EcoMobile and its business partners provide messages, data, information, music, games, images, text, or other material for your private, non-commercial use only. You may not sell or resell this content. You may not upload and transmit or broadcast this content in public places. These uses are expressly prohibited by EcoMobile. You will be solely responsible if you engage in any unauthorized use of this content.
Content Objectionable or Offensive to Third Parties

You may not publish, copy, reproduce, upload, download, post, distribute, edit, modify, or otherwise transmit ("Post") any content that is unlawful, libelous, defamatory, slanderous, obscene, pornographic, harassing, threatening, abusive, harmful, or otherwise objectionable, or that infringes upon or otherwise violates others' rights, including privacy rights.

Unlawful Content

You may not Post any content that encourages or is in furtherance of an unlawful, criminal, or fraudulent activity or that violates any EcoMobile rule or policy.

Soliciting Information

You may not Post any content that solicits any information from other customers or involves any commercial activities, including advertisements.

Infringing Content

You may not Post any content that may infringe on or otherwise violate any patent, trademark, trade secret, copyright, or other intellectual property or proprietary right of any person. Infringement may result from the unauthorized copying, posting, editing, modifying or distributing of any content, including ringtones, graphics, pictures, photographs, logos, software, articles, music, games, or videos. By Posting any content, you represent that you have legal rights to use, distribute, and publish such content.

 
Harmful Content

You agree not to Post any content that contains viruses, worms, time bombs, or other similar programs that would interfere with or disrupt our provision of services.

Removal of Objectionable Content

We reserve the right, in our sole discretion, to remove or delete any content that you Post on our service that violates these Terms of Service or is otherwise deemed objectionable by us in our sole discretion. We may delete content that you have downloaded to your personal vault or limit the amount of content that you may download during any given period.

Suspension or Termination of Service

We reserve the right to issue a warning and to suspend or terminate your access to the www.myecomobile.com website or to our service at any time should we determine in our sole discretion that you have violated these Terms of Service or any other rule or policy of EcoMobile, or for any other reason in our sole discretion.

Disclosure of Content

To comply with appropriate legal process, EcoMobile may disclose to law enforcement authorities any information, including your name, account history, account information, or other transmission data requested by law enforcement. We also may disclose to third parties any content necessary to respond to claims that such content violates the rights of third parties or to protect the rights and property of EcoMobile.

Storage of Content

Some content may not be stored or processed because of personal vault memory limitations. You agree that EcoMobile is not liable for the deletion of or failure to store content, and, in compliance with the terms of this agreement, you should store photographs and other information permanently using another means, such as a CD-R or personal computer.

Location-Based Services

Location-based information is information that indicates the general location of your EcoMobile handset. When you turn on your handset and use any of our location-based services, your device automatically communicates with our network and relays its current location. The quality of location services may be affected by circumstances beyond our control, including atmospheric, geographic or topographic conditions. We do not warrant or guarantee that location services will be available at any specific time or geographic location, or that service will be provided without interruption.


Other Programs and Services

EcoMobile Website

You may use our website located at www.myecomobile.com to manage your account, make payments, view our content and learn more about our products and services. Any use of the EcoMobile website is subject to the terms set forth in the Terms of Website Use and Privacy Policy, which are available on the website at www.myecomobile.com.


TTY Access

For information concerning TTY access for the hearing impaired, please contact EcoMobile Customer Service at 1-877-326-9996.

Pay-Per-Call Services

EcoMobile will not directly complete any calls to 1-900, 1-976 or other pay-per-call services.

Limitation of Liability

EcoMobile is not liable to you for any indirect, special, incidental, consequential, exemplary or punitive damages of any kind, including lost profits (regardless of whether we have been notified that such loss may occur) by reason of any act or omission in our provision of products or services. EcoMobile assumes no risk or responsibility for your use of any of the content provided as part of our services. EcoMobile is not liable for: (1) any act or omission of, or any damage caused by, any other entity furnishing a part of our service or furnishing any equipment provided for such service; (2) any act or omission of, or any damage caused by, any other entity participating in offers made through us; or (3) any act or omission of, or any damage that results from any product or service provided by or manufactured by any other entity, even if provided to you through or for use on our network. We are not liable for any unauthorized or disputed charges for EcoMobile services beyond 30 days of that charge appearing on your statement. If you believe that a charge appears on your statement that was unauthorized or improper, call EcoMobile Customer Service at 1-877-326-9996, and an advisor will help investigate that charge. Even if it is reported to us within 30 days, we are not liable for any charges for products or services provided by third parties through and for use on our network. If an unauthorized or disputed charge for a third-party product or service appears on your statement, you must contact that third party directly. Third-party contact information is available on your statement, as well as by calling EcoMobile Customer Service at 1-877-326-9996. You acknowledge that no fiduciary or other special relationship exists between you and EcoMobile, by virtue of these Terms of Service, your use of EcoMobile phones and/or services, or otherwise.

Indemnification

You agree to indemnify and hold harmless EcoMobile and its affiliates and their respective officers, agents, partners and employees, from any and all liabilities, settlements, penalties, claims, causes of action, and demands brought by third parties (including any costs, expenses, or attorneys' fees on account thereof) resulting from your use of EcoMobile products and services whether based in contract or tort (including strict liability) and regardless of the form of action.

Warranties

We do not manufacture our cell phones or other equipment. The only warranties applicable to such devices or equipment are those extended by the manufacturers. We have no liability, therefore, in connection with mobile phones and other equipment or for manufacturers' acts or omissions.

We make no warranties or representations, express or implied, regarding the products and services provided hereunder, including, but not limited to, warranty of title, warranty that a product or service is fit for a particular use, or warranty of merchantability. We expressly disclaim any and all implied warranties.

Safety and Security

EcoMobile is not responsible for the content or security of voicemail or contact lists you create. We urge you to create a password to access your voicemail.

To protect your safety, do not use your EcoMobile phone while driving.

Notices

You may notify us by mail (EcoMobile, P.O. Box 2806, Spring Valley, CA 91979), phone (1-877-326-9996) or electronic means (via our website at www.myecomobile.com). Notices will be considered effective after we receive them. If you are unable to resolve your concerns with EcoMobile, you may file a complaint with the Federal Communications Commission, Washington, DC 20554. Any notice we send you will be sent to your last known residence or electronic address as shown on our records, or via electronic messaging to your EcoMobile phone.

Use of Your Customer Information

We will always handle your information in a manner consistent with federal consumer privacy laws and the EcoMobile Privacy Policy, available on the EcoMobile website at www.myecomobile.com. We take reasonable steps to protect your personal information from unauthorized use or disclosure. Except as contemplated by the Privacy Policy, we will not intentionally share your personal information without your permission. We may, from time to time, use the information you provide us to market services to you that may be related to our service offerings. You will have the opportunity to choose whether you would like to receive text messages, email, direct mail and other updates from EcoMobile and its partners about new products, special promotions, and important service information by editing your profile by calling EcoMobile Customer Service at 1-877-326-9996.

Effect of Terms of Service

These Terms of Service supersede all oral or written communications and understandings between you and EcoMobile with respect to our products and services to you and the terms under which they are offered and provided to you. If any part of these Terms of Service is declared invalid or unenforceable, all other parts of these Terms of Service are still valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of these Terms of Service. No provision of these Terms of Service provides any person or entity not a party to these Terms of Service with any remedy, claim, liability, reimbursement, or cause of action, or creates any other third party beneficiary rights. Any complaint, arbitration or other legal action concerning these Terms of Service shall be interpreted under the laws of the State of California and shall be subject to the jurisdiction of the courts of the State of California.

Export

You agree to comply with all trade regulations and export control laws, both domestic and foreign. EcoMobile phones, equipment, software, and any underlying information accessed or transferred by you using EcoMobile's services may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. § 2401, et seq.) and the Export Administration Regulations (50 C.F.R. § 730-774), as well as the import regulations of other countries. You agree not to export or re-export any EcoMobile phones, equipment, or software to any foreign country. Any information transferred by you using EcoMobile's services to any foreign country, entity, or person must comply with the U.S. Export Administration Act and the Export Administration Regulations.

Trademarks and Licenses

The EcoMobile name and signature and the EcoMobile name and logo are registered trademarks of Prepaid Innovations, Inc. and used under license by EcoMobile.