DataConnect Pass Plan / Session Based Wireless Data Services Agreement


 

"AT&T" or "we," "us" or "our" refers to AT&T Mobility LLC, acting on behalf of its FCC-licensed affiliates doing business as AT&T. "You" or "your" refers to the person or entity that is the customer of record.

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

This Agreement, terms of service for products and services not otherwise described herein that are posted on applicable AT&T websites or devices, and any documents expressly referred to herein or therein, make up the complete agreement between you and AT&T and supersede any and all prior agreements and understandings relating to the subject matter of this Agreement. Each time you pay for this service, you confirm your acceptance of this Agreement. You must be over the age of 18 to purchase a Plan.



1.0 SESSION BASED DATA SERVICES

1.1 What are the General Terms that Apply to Session-Based Data Services?

Session-based data services provide you with access to AT&T's wireless data services, including but not limited to, features that may be used with wireless data services and wireless content and applications ("Data Services") and are offered pursuant to the Plans below. The absolute capacity of the wireless data network is limited. Accordingly, Data Services are only provided for prescribed purposes. AT&T RESERVES THE RIGHT TO TERMINATE YOUR PLAN AND DATA SERVICES WITH OR WITHOUT CAUSE, INCLUDING WITHOUT LIMITATION, UPON EXPIRATION OR TERMINATION OF THIS AGREEMENT.

1.2 AT&T Data Plans ("Plans")

Plans can only be used on AT&T's wireless network and with select roaming carriers, domestic and/or international, depending on the Plan selected. Plans require a device capable of working on AT&T's wireless network. You acknowledge that when your allotment of data usage expires, any downloads of products or services will cease and AT&T is not responsible for any fees you must pay to download the product or service again. AT&T may send alerts to your device and/or email to notify you of any data usage and/or days remaining on your Plan. These are courtesy alerts. There is no guarantee you will receive such alerts and, by the time you receive them, your actual data usage and/or the days remaining on your Plan may already have expired, or be different than what is described in the alert. All sales are final and discounts are not available for these Plans. Payments are non-refundable. There is no separate charge to change a Plan or to cancel. Customers are responsible for provisioning and managing their Plans. AT&T reserves the right to change these terms and Plans, and to suspend your account if devices other than the registered device are used with the Plans. Plans include access to AT&T's Wi-Fi hotspots. Availability and quality of coverage, and access to Data Services while roaming are not guaranteed.

Domestic Plans - Domestic Plans may be purchased with a data usage allotment measured in MBs or GBs, for a specified period of time, as defined in the Plan. The specified period of time begins to expire immediately upon plan activation, whether or not you are using the service. If you purchase a Domestic Plan with a data usage allotment and you use all of your allotment prior to the expiration of the specified period, your access to our Data Services will cease for the remainder of the specified period. If you want to continue using our Data Services during the remaining specified period, you will need to purchase an additional Plan. If a purchase is made prior to the completion of your current Plan, data usage will continue under your current Plan until expired. Note: IF an additional Plan is purchased, the specified period for the additional Plan and, if applicable, the auto renew period, starts when your current Plan expires, or at the time you purchase the additional Plan if your prior Plan has already expired. If the additional Plan purchased has an automatic renewal, prior Plans with automatic renewal will not automatically renew. Domestic Plans include the U.S., Puerto Rico, and the US Virgin Islands.

International Plans - International Plans may be purchased with a data usage allotment measured in MBs or GBs for a specified period utilizing an approved payment method. International Plans must be purchased before traveling outside the U.S. For iPads and tablets, you must be currently subscribed to a Domestic Plan at the time of purchase. If the Domestic Plan expires prior to the completion of the International Plan, all usage, domestic and international, will be deducted from the International Plan until such time as that Plan expires or another Domestic Plan becomes active (i.e. if you cancel your Domestic Plan after ordering an International Plan, U.S. domestic data usage will be counted against your International Plan, until you order another Domestic Plan). Customers can select the date on which the International Plans starts, up to one year after purchase. All future-dated International Plans become active at midnight Eastern Time of the date selected, otherwise the Plan starts immediately upon purchase. Once your specified period expires or you use all of your allotment of data usage prior to the expiration of the specified period, whichever occurs first, your access to our Data Services will cease. If you want to continue using our Data Services, you will need to purchase an additional Plan. If you are traveling internationally, as long as you have data remaining on your international Plan you can make such a purchase. International Plans do not automatically renew.

Tax-Exempt Certification - If you certify that your account is tax-exempt, you agree to indemnify, defend, and hold harmless AT&T from any and all taxes, claims, lawsuits, damages, losses, liabilities, costs, fines, penalties, and expenses (including reasonable attorney fees) that arise from your certifying that your account is tax exempt.

1.3 How Can I Use the Wireless Data Network?

AT&T’s wireless data network is a shared resource, which AT&T manages for the benefit of all of its customers so that they can enjoy a consistent, high-quality mobile broadband experience and a broad range of mobile Internet services, applications and content. However, certain activities and uses of the network by an individual customer or small group of customers can negatively impact the use and enjoyment of the network by others. Therefore, certain activities and uses of AT&T’s wireless data service are permitted and others are prohibited. The terms and conditions of your use of AT&T’s wireless data service are set forth below.

Permitted Activities. AT&T’s wireless data services are intended to be used for the following permitted activities: (i) web browsing; (ii) email; and (iii) intranet access if permitted by your rate plan (for example, access to corporate intranets, email, and individual productivity applications like customer relationship management, sales force, and field service automation); (d) uploading and downloading applications and content to and from the Internet or third-party application stores, and (e) using applications and content without excessively contributing to network congestion.

You agree to use AT&T’s wireless data services only for these permitted activities.

Prohibited Activities. AT&T’s wireless data services are not intended to be used in any manner which has any of the following effects and such use is prohibited if it: (a) conflicts with applicable law, (b) hinders other customers’ access to the wireless network, (c) compromises network security or capacity, (d) excessively and disproportionately contributes to network congestion, (e) adversely impacts network service levels or legitimate data flows, (f) degrades network performance, (g) causes harm to the network or other customers, (h) is resold either alone or as part of any other good or service, (i) tethers a wireless device to a computing device (such as a computer, Smartphone, eBook or eReader, media player, laptop, or other devices with similar functions) through use of connection kits, applications, devices or accessories (using wired or wireless technology) and you have not subscribed to a specific data plan designed for this purpose, or (j) there is a specific data plan required for a particular use and you have not subscribed to that plan.

The following specific uses of AT&T’s wireless data service are prohibited:

  • AT&T’s wireless data services may not be used in any manner that defeats, obstructs or penetrates, or attempts to defeat, obstruct or penetrate the security measures of AT&T’s wireless network or systems, or another entity’s network or systems; that accesses, or attempts to access without authority, the accounts of others; or that adversely affects the ability of other people or systems to use either AT&T’s wireless services or other parties’ Internet-based resources. For example, this includes, but is not limited to, malicious software or “malware” that is designed, intentionally or unintentionally, to infiltrate a network or computer system such as spyware, worms, Trojan horses, rootkits, and/or crimeware; “denial of service” attacks against a network host or individual user; and “spam” or unsolicited commercial or bulk email (or activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk e-mail).
  • AT&T’s wireless data services may not be used in any manner that has the effect of excessively contributing to network congestion, hindering other customers’ access to the network, or degrading network performance by maintaining a sustained and continuous wireless data service connection or active wireless Internet connection. For example, this includes, but is not limited to, server devices or host computer applications such as continuous Web camera posts or broadcasts, automatic data feeds, or automated machine-to-machine connections; “auto-responders,” “cancel-bots,” or similar automated or manual routines that generate excessive amounts of traffic or that disrupt user groups or email use by others; use of the service as a substitute or backup for private lines or full-time or dedicated data connections; peer-to-peer (P2P) file sharing services; and software or other devices that maintain continuous active Internet connections when a connection would otherwise be idle or any “keep alive” functions, unless they adhere to AT&T data retry requirements (as may be modified from time to time).
  • AT&T’s wireless data services also may not be used with high bandwidth applications, services and content that are not optimized to work with AT&T’s wireless data services and, therefore disproportionately and excessively contribute to network congestion. This includes, but is not limited to, redirecting television signals for viewing on computing devices, web broadcasting, and/or the operation of servers, telemetry devices, or supervisory control and data acquisition devices, unless they meet AT&T’s wireless data services optimization requirements.

You agree not to use AT&T’s wireless data services for any of these prohibited activities.

AT&T’s Rights to Ensure Compliance. You agree that AT&T has the right to take any and all actions necessary to enforce this Section 6.2 if you use AT&T’s wireless data services in any manner that is prohibited, including, but not limited to, the following actions:

  • AT&T may modify, without advance notice, the permitted and prohibited activities, and the optimization requirements for your wireless data services;
  • AT&T may engage in any reasonable network management practice to enhance customer service, to reduce network congestion, to adapt to advances and changes in technology, and/or to respond to the availability of wireless bandwidth and spectrum;
  • AT&T may reduce your data throughput speeds at any time or place if your data usage exceeds an applicable, identified usage threshold during any billing cycle. AT&T will provide you with advance notice of the usage threshold applicable to your data plan, or any changes to the applicable usage threshold either by a bill insert, email, text message or other appropriate means;
  • AT&T may use reasonable methods to monitor and collect customer usage information to better optimize the operation of the network. Details concerning the information that AT&T collects about its customers, and how it uses and protects that information are addressed in the AT&T Privacy Policy (see att.com/privacy);
  • If you are an AT&T unlimited data plan customer, AT&T may migrate you from the unlimited data plan to a tiered data plan and bill you the appropriate monthly fees. We will provide you with notice of this change at least one billing cycle in advance either by a bill insert, email, text message, or other appropriate means;
  • AT&T may interrupt, suspend, cancel or terminate your wireless data services without advance notice.

Unlimited Data Customers. If you are a grandfathered AT&T unlimited plan data service customer, you agree that “unlimited” means you pay a fixed monthly charge for wireless data service regardless of how much data you use. You further agree that “unlimited” does not mean that you can use AT&T’s wireless data service in any way that you choose or for any prohibited activities, and that if you use your unlimited data plan in any manner that is prohibited, AT&T can limit, restrict, suspend or terminate your data service or switch you to a tiered data plan.

1.4 How Can I Use Another Carrier's Network (Off-Net Usage)?

If your usage of the Data Services on other carriers' wireless networks ("offnet usage") where applicable during any month exceeds your offnet usage allowance, AT&T may at its option terminate your wireless service or access to Data Services, deny your continued use of other carriers' coverage, or change your Plan to one imposing usage charges for offnet usage. Your offnet usage allowance where applicable is equal to the lesser of 24 megabytes or 20% of the kilobytes included with your Plan. AT&T will provide notice that it intends to take any of the above actions and you may terminate your agreement.

2.0 TERM COMMITMENT, CHARGES, BILLING AND PAYMENT

2.1 What Is The Term Of My Agreement?

Your Agreement begins on the day your Plan for Data Services are activated and continues until your Plan expires as set forth in paragraph 1.2.

2.2 When can AT&T Terminate this Agreement?

We may terminate this Agreement at any time without notice if we cease to provide Data Services in your area or the areas covered by your Plan. We may interrupt or terminate your Plan and Data Services without notice:

  • For any conduct that we believe violates this Agreement,
  • If you behave in an abusive, derogatory, or similarly unreasonable manner,
  • If we discover that you are underage,
  • If we have reasonable cause to believe that your use of your Plan or our Data Services is being used for an unlawful purpose or in a way that (i) is harmful to, interferes with, or may adversely affect our network, our Data Services or the network of any other provider, (ii) interferes with the use or enjoyment of Data Services received by others, (iii) infringes intellectual property rights, (iv) results in the publication of threatening or offensive material, or (v) constitutes spam or other abusive messaging or calling, a security risk, or a violation of privacy, or (vi) if you provide inaccurate information,
  • If your payment method is declined, rejected or withheld by your payment institution, if you fail to make all required payments when due, or if we reasonably believe there has been fraudulent payment activity in connection with your Data Services.

2.3 Can AT&T Change My Terms And Rates?

We may change any terms, conditions, rates, fees, expenses, or charges regarding your Plan, our Data Services, and this Agreement at any time. We will provide you with notice of such changes (other than changes to governmental fees, proportional charges for governmental mandates, or administrative charges) in an email message. You agree to provide us your email address and to notify us if you make any changes to your email address, so we can notify you of such changes. You understand and agree that State and Federal Universal Service Fees and other governmentally imposed fees, whether or not assessed directly upon you, may be increased based upon the government's or our calculations.

2.4 What Charges Am I Responsible for?

You are responsible for paying all charges for or resulting from your Plan and Data Services provided under this Agreement. Charges include, without limitation, the fee for your Plan, administrative fees, regulatory cost recovery and other surcharges; and applicable taxes and governmental fees, whether assessed directly upon you or upon AT&T.

To determine your primary place of use ("PPU") and which jurisdiction's taxes and assessments to collect, you're required to provide us with your residential or business street address. If you don't provide us with such address, or if it falls outside our licensed service area, we may reasonably designate a PPU within the licensed service area for you.

2.5 How do I pay for my Data Services?

Please print a copy of the authorization contained in this section and keep it for your records. You agree to pay in advance for your Data Services and there is no proration of charges if Data Services are terminated. You may make payments by credit card or debit card or other payment methods accepted by AT&T.

BY PROVIDING US WITH YOUR CREDIT OR DEBIT CARD OR CHECKING/SAVINGS ACCOUNT INFORMATION AND ACCEPTING THIS AGREEMENT, YOU AUTHORIZE US TO CHARGE YOUR PAYMENT METHOD IN ADVANCE FOR THE PAYMENT DUE FOR YOUR INITIAL PLAN AND ANY SUBSEQUENT PLANS. IN ORDER TO PROCESS YOUR AUTOMATIC RENEWAL IN A TIMELY FASHION AND ENSURE YOUR CONTINUED USE OF THE SERVICE, AT&T WILL, DEPENDING ON YOUR PLAN, CHARGE YOUR PAYMENT METHOD FOR THE AUTOMATIC RENEWAL: (1) WITHIN SEVEN DAYS BEFORE YOUR NEW PLAN SPECIFIED PERIOD IS SET TO BEGIN, OR (2) ANYTIME AFTER 75% OF YOUR USAGE BASED PLAN HAS BEEN CONSUMED. YOU MAY CANCEL THE AUTOMATIC RENEWAL OF YOUR SERVICE AT ANY TIME AND YOUR CANCELLATION SHALL TAKE EFFECT AFTER WE HAVE HAD A REASONABLE OPPORTUNITY TO ACT ON YOUR NOTICE.

Unless required by law, we will not have to give any additional notice to you or obtain additional consent from you before billing the payment method provided. You must promptly notify us of any change in your billing address or payment method. If you have provided us with credit or debit card information, you acknowledge that, if your card issuing bank participates in a card updater program and unless you opt out of this service, your bank may provide us with updated card numbers and expiration dates, and we may update our files with this information and continue to charge your card.

If a payment is returned unpaid, we reserve the right to resubmit it up to the number of times permitted by law. We will charge you up to $30 (depending on applicable law) for any check or other instrument (including credit card charge backs) returned unpaid for any reason. Your bank may also impose a fee for returned payments.

If you bill a Plan(s) to your wireless bill, including Plans that automatically renew, you are responsible for paying all charges for or resulting from the Plan(s). IF YOU DISPUTE PLAN CHARGES ON YOUR BILL, YOU MUST NOTIFY US IN WRITING AT AT&T BILL DISPUTE, 1025 LENOX PARK, ATLANTA, GA 30319 WITHIN 100 DAYS OF THE DATE OF THE BILL OR YOU'LL HAVE WAIVED YOUR RIGHT TO DISPUTE ANY PLAN CHARGES ON YOUR BILL AND TO PARTICIPATE IN ANY LEGAL ACTION RAISING SUCH DISPUTE.

2.6 How does AT&T Calculate Data Usage?

DATA TRANSPORT IS CALCULATED IN FULL-KILOBYTE INCREMENTS, AND ACTUAL TRANSPORT IS ROUNDED UP TO THE NEXT FULL-KILOBYTE INCREMENT. AT&T CALCULATES A FULL KILOBYTE OF DATA TRANSPORT FOR EVERY FRACTION OF THE LAST KILOBYTE OF DATA TRANSPORT USED ON EACH DATA SESSION. THE FULL KBs CALCULATED FOR EACH DATA SESSION AS WELL AS THE KBS YOU ARE USING ARE TOTALED DURING THE BILLING PERIOD UNTIL YOU REACH YOUR ALLOTED MBs or GBs, AT WHICH POINT YOUR ACCESS TO DATA SERVICES WILL CEASE. DATA SENT AND RECEIVED INCLUDES, BUT IS NOT LIMITED TO DOWNLOADS, EMAIL, OVERHEAD AND SOFTWARE UPDATE CHECKS. DOMESTIC PLAN PRICES AND INCLUDED USE APPLY TO ACCESS AND USE ON AT&T'S WIRELESS NETWORK AND FOR DOMESTIC PLANS AT&T'S AFFILIATED ROAMING CARRIERS' WIRELESS NETWORKS WITHIN THE UNITED STATES AND ITS TERRITORIES (PUERTO RICO AND THE U.S. VIRGIN ISLANDS), EXCLUDING AREAS WITHIN THE GULF OF MEXICO. NETWORK OVERHEAD, SOFTWARE UPDATE REQUESTS, AND RESEND REQUESTS CAN INCREASE MEASURED KILOBYTES. PRICES DO NOT INCLUDE TAXES, DIRECTORY ASSISTANCE, ROAMING, UNIVERSAL SERVICES FEES OR OTHER EXACTIONS AND ARE SUBJECT TO CHANGE. NETWORK ACCESS REQUIRES A COMPATIBLE, ELIGIBLE DATA DEVICE.

2.7 Who Can Make Changes to My Data Services and for What Purpose?

You authorize us to provide information about and to make changes to your Data Services including adding a new Plan, upon the direction of any person able to provide information we deem sufficient to identify you. You consent to the use by us or our authorized agents of regular mail, predictive or autodialing equipment, email, text messaging, facsimile or other reasonable means to contact you to advise you about our services or other matters we believe may be of interest to you. In any event, we reserve the right to contact you by any means regarding customer service-related notifications, or other such information.

3.0 HOW DO I RESOLVE DISPUTES WITH AT&T?

3.1 Dispute Resolution By Binding Arbitration

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

Summary:

Most customer concerns can be resolved quickly and to the customer's satisfaction by calling our customer service department at 1-800-331-0500. In the unlikely event that AT&T's customer service department is unable to resolve a complaint you may have to your satisfaction (or if AT&T has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. For any non-frivolous claim that does not exceed $75,000, AT&T will pay all costs of the arbitration. Moreover, in arbitration you are entitled to recover attorneys' fees from AT&T to at least the same extent as you would be in court.

In addition, under certain circumstances (as explained below), AT&T will pay you more than the amount of the arbitrator's award and will pay your attorney (if any) twice his or her reasonable attorneys' fees if the arbitrator awards you an amount that is greater than what AT&T has offered you to settle the dispute.

3.2 Arbitration Agreement

(1) AT&T and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:

  • claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
  • claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising);
  • claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
  • claims that may arise after the termination of this Agreement.

References to "AT&T," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or Devices under this or prior Agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Agreement, you and AT&T are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.

(2) A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to AT&T should be addressed to: Office of Dispute Resolution, AT&T, 1025 Lenox Park Blvd., Atlanta, GA 30319 ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If AT&T and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or AT&T may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by AT&T or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or AT&T is entitled. You may download or copy a form Notice and a form to initiate arbitration at att.com/arbitration-forms.

(3) After AT&T receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than $75,000. (The filing fee currently is $200 for claims under $10,000 but is subject to change by the arbitration provider. If you are unable to pay this fee, AT&T will pay it directly upon receiving a written request at the Notice Address.) The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. (You may obtain information that is designed for non-lawyers about the arbitration process at http://att.com/arbitration-information.) The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. Unless AT&T and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as otherwise provided for herein, AT&T will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse AT&T for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules.

(4) If, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of AT&T's last written settlement offer made before an arbitrator was selected, then AT&T will:

  • pay you the amount of the award or $10,000 ("the alternative payment"), whichever is greater; and
  • pay your attorney, if any, twice the amount of attorneys' fees, and reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration ("the attorney premium").

If AT&T did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive the alternative payment and the attorney premium, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney premium at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.

(5) The right to attorneys' fees and expenses discussed in paragraph (4) supplements any right to attorneys' fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under the applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorneys' fees or costs. Although under some laws AT&T may have a right to an award of attorneys' fees and expenses if it prevails in an arbitration, AT&T agrees that it will not seek such an award.

(6) The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND AT&T AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and AT&T agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

(7) Notwithstanding any provision in this Agreement to the contrary, we agree that if AT&T makes any future change to this arbitration provision (other than a change to the Notice Address) during your Term of Service, you may reject any such change by sending us written notice within 30 days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.

4.0 TERMS RELATING TO YOUR DEVICE AND CONTENT

4.1 My Device

"Device" means any iPad, any laptop, netbook, or any other authorized wireless equipment that is compatible with AT&T's Data Services. Your Device must be compatible with, and not interfere with our Data Services and must comply with all applicable laws, rules, and regulations. We may periodically program your Device remotely with system settings for roaming service, to direct your Device to use network services most appropriate for your typical usage, and other features that cannot be changed manually.

Devices purchased for use on AT&T's system are designed for use exclusively on AT&T's Data Services. You agree that you won't make any modifications to the Devices or programming to enable the Device to operate on any other data services.

AT&T may, at its sole and absolute discretion, modify the programming to enable the operation of the Devices on other systems. You are solely responsible for complying with U.S. Export Control laws and regulations and the import laws and regulations of foreign countries when traveling internationally with your Device.

4.2 Where and How Do AT&T Data Services Work?

AT&T does not guarantee the availability of its wireless network(s). Data Services may be subject to certain equipment and compatibility/limitations including memory, storage, network availability, coverage, accessibility and data conversion limitations. Data Services (including without limitation, eligibility requirements, Plans, pricing, features and/or service areas) are subject to change without notice.

When outside your coverage area, access will be limited to information and applications previously downloaded to or resident on your Device. Coverage areas vary. AT&T Data Services are only available in select markets. See coverage map online. AT&T download speeds are only available on the AT&T network.

Actual download speeds depend upon device characteristics, network capacity, network availability and coverage levels, tasks, file characteristics, applications and other factors. Performance may be impacted by transmission limitations, terrain, in-building/in-vehicle use and capacity constraints.

4.3 What Information, Content, And Applications Are Provided By Third Parties?

You understand that you can use your Device with AT&T Data Services to purchase goods, content, and services from AT&T or other companies ("Purchases"). You understand that you are responsible for all authorized charges associated with such Purchases.

Certain information, applications, or other content is provided by independently owned and operated content providers or service providers who are subject to change at any time without notice.

AT&T IS NOT A PUBLISHER OF THIRD-PARTY INFORMATION, APPLICATIONS, OR OTHER CONTENT AND IS NOT RESPONSIBLE FOR ANY OPINIONS, ADVICE, STATEMENTS, OR OTHER INFORMATION, SERVICES OR GOODS PROVIDED BY THIRD PARTIES.

Third-party content or service providers may impose additional charges. Policies regarding intellectual property, privacy and other policies or terms of use may differ among AT&T's content or service providers and you are bound by such policies or terms when you visit their respective sites or use their services. It is your responsibility to read the rules or service agreements of each content provider or service provider.

Any information you involuntarily or voluntarily provide third parties is governed by their policies or terms. The accuracy, appropriateness, content, completeness, timeliness, usefulness, security, safety, merchantability, fitness for a particular purpose, transmission or correct sequencing of any application, information or downloaded data is not guaranteed or warranted by AT&T or any content providers or other third party. Delays or omissions may occur. Neither AT&T nor its content providers, service providers or other third parties shall be liable to you for any loss or injury arising out of or caused, in whole or in part, by your use of any information, application or content, or any information, application, downloads or other content acquired through the Data Services.

You acknowledge that every business or personal decision, to some degree or another, represents an assumption of risk, and that neither AT&T nor its content and service providers or suppliers, in providing information, applications or other content or services, or access to information, applications, or other content underwrites, can underwrite, or assumes your risk in any manner whatsoever.

4.4 Am I Responsible If Someone Makes A Purchase With My Device?

Except as otherwise provided in this Agreement, if your Device is used by others to make purchases using AT&T's Data Services, you are responsible for all such purchases. You're giving those other users your authority to:

  • Make purchases from your Device using AT&T's Data Services.
  • Give consent required for those purchases, including the consent to use that user's location information to deliver customized information to that user's Device; or
  • Make any representation required for those purchases, including a representation of the user's age, if requested.

4.5 Can I Use Location-Based Services With My Device?

Your Device may be location-enabled meaning that the Device is capable of using optional purchases at your request or the request of a user of your Plan, offered by AT&T or third parties that make use of a user's location ("Location-Based Services"), using location technology such as Global Positioning Satellite ("GPS"), wireless network location, or other location technology. Please review the terms and conditions and the associated privacy policy for each Location-Based Service to learn how the location information will be used and protected.

We may also use location information to create aggregate data from which your personally identifiable information has been removed or obscured. Such aggregate data may be used for services like traffic-monitoring. It is your responsibility to notify users that the Device they are using may be location-enabled.

4.6 What If My Device Is Lost Or Stolen?

If your Device is lost or stolen, you must contact us immediately to report the Device as lost or stolen. (California Customers see section "What Terms Apply Only To Specific States?" below.) Once you report to us that the Device is lost or stolen and cancel any Plans that automatically renew you will not be responsible for subsequent monthly recurring Plan charges incurred by that Device. If you merely suspend your service and do not cancel Plans that auto-renew, the Plan will continue to auto-renew and you will be responsible for subsequent monthly charges.

You can report your Device as lost or stolen by calling us or contacting us at www.wireless.att.com. If there are Plan charges on your payment method or wireless bill made after the Device was lost or stolen, but before you reported it to us, notify us of the disputed charges and we will investigate. You may submit documents, statements and other information to show any charges were not authorized. You may be asked to provide information and you may submit information to support your claim. We will advise you of the result of our investigation within 30 days.

5.0 TERMS RELATING TO THE USE AND LIMITATIONS OF SERVICE

5.1 What Are The Limitations On Data Services And Liability?

Unless prohibited by law, the following limitations of liability apply. Your Data Services may be interrupted, delayed, or otherwise limited for a variety of reasons, including environmental conditions, unavailability of radio frequency channels, system capacity, priority access by National Security and Emergency Preparedness personnel in the event of a disaster or emergency, coordination with other systems, equipment modifications and repairs, and problems with the facilities of interconnecting carriers. We may block access to certain international destinations at our sole discretion.

Additional hardware, software, subscription, Internet access from your compatible PC and/or special network connection may be required and you are solely responsible for arranging for or obtaining all such requirements. Some solutions may require third party products and/or services, which are subject to any applicable third party terms and conditions and may require separate purchase from and/or agreement with the third party provider. AT&T is not responsible for any consequential damages caused in any way by the preceding hardware, software or other items/requirements for which you are responsible.

AT&T is not responsible for loss or disclosure of any sensitive information you transmit. AT&T's wireless services and Data Services are not equivalent to landline Internet. AT&T is not responsible for nonproprietary services or their effects on Devices.

We may, but do not have the obligation to, refuse to transmit any information through our Data Services and may screen and delete information prior to delivery of that information to you. There are gaps in Data Services within the service areas shown on coverage maps, which, by their nature, are only approximations of actual coverage.

WE DO NOT GUARANTEE YOU UNINTERRUPTED DATA SERVICES OR COVERAGE. AT&T MAKES NO WARRANTY, EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, ACCURACY, SECURITY, OR PERFORMANCE REGARDING ANY PLAN, DATA SERVICES, SOFTWARE OR GOODS, AND IN NO EVENT SHALL AT&T BE LIABLE, WHETHER OR NOT DUE TO ITS OWN NEGLIGENCE, for any:

  1. Act or omission of a third party;
  2. Mistakes, omissions, interruptions, errors, failures to transmit, delays, or defects in the Plans, Data Services or Software provided by or through us;
  3. Damage or injury caused by the use of the Plans, the Data Services, Software, or Device, including use in a vehicle;
  4. Claims against you by third parties; or
  5. Damage or injury caused by a suspension or termination of the Plan and Data Services or Software by AT&T.

Notwithstanding the foregoing, if your Data Services are interrupted for 24 or more continuous hours by a cause within our control, we will issue you, upon request, one 24 hour day of free Data Services for each 24 hour period the Data Services are interrupted. Our liability to you for service failures is limited solely to the compensatory service outage credit set forth above.

Unless prohibited by law, AT&T isn't liable for any indirect, special, punitive, incidental or consequential losses or damages you or any third party may suffer by use of, or inability to use, the Plans, Data Services, or Software provided by or through AT&T, including loss of business or goodwill, revenue or profits, or claims of personal injuries.

To the full extent allowed by law, you hereby release, indemnify, and hold AT&T and its officers, directors, employees and agents harmless from and against any and all claims of any person or entity for damages of any nature arising in any way from or relating to, directly or indirectly, the Plans and Data Services provided by AT&T or any person's use thereof (including, but not limited to, vehicular damage and personal injury), INCLUDING CLAIMS ARISING IN WHOLE OR IN PART FROM THE ALLEGED NEGLIGENCE OF AT&T, or any violation by you of this Agreement. This obligation shall survive termination of your Plan and Data Services with AT&T. AT&T is not liable to you for changes in operation, equipment, or technology that cause your Device or Software to be rendered obsolete or require modification.

SOME STATES, INCLUDING THE STATE OF KANSAS, DON'T ALLOW DISCLAIMERS OF IMPLIED WARRANTIES OR LIMITS ON REMEDIES FOR BREACH. THEREFORE, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

5.2 How Can I Use My AT&T Data Services?

All use of AT&T's wireless network and the Data Services is governed by AT&T's Acceptable Use Policy, which can be found at att.com/AcceptableUsePolicy, as determined solely by AT&T. AT&T can revise its Acceptable Use Policy at any time without notice by updating this posting.

5.3 Who Is Responsible For Security?

AT&T DOES NOT GUARANTEE SECURITY. Data encryption is available with some, but not all, Data Services sold by AT&T.

5.4 How Can I Use the Software?

The software, interfaces, documentation, data, and content provided for your Data Services as may be updated, downloaded, or replaced by feature enhancements, software updates, system restore software or data generated or provided subsequently by AT&T (hereinafter "Software") is licensed, not sold, to you by AT&T and/or its licensors/suppliers for use only on your Device. Your use of the Software shall comply with its intended purposes as determined by us, all applicable laws, and AT&T's Acceptable Use Policy at www.att.com/AcceptableUsePolicy.

You are not permitted to use the Software in any manner not authorized by this License. You may not (and you agree not to enable others to) copy, decompile, reverse engineer, disassemble, reproduce, attempt to derive the source code of, decrypt, modify, defeat protective mechanisms, combine with other software, or create derivative works of the Software or any portion thereof. You may not rent, lease, lend, sell, redistribute, transfer or sublicense the Software or any portion thereof. You agree the Software contains proprietary content and information owned by AT&T and/or its licensors/suppliers.

AT&T and its licensors/suppliers reserve the right to change, suspend, terminate, remove, impose limits on the use or access to, or disable access to, the Software at any time without notice and will have no liability for doing so. You acknowledge AT&T's Software licensors/suppliers are intended third party beneficiaries of this license, including the indemnification, limitation of liability, disclaimer of warranty provisions found in this Agreement.

5.5 When Roaming, is use of another carriers' networks dependent upon the Roaming Carrier's support?

Use of Data Services when roaming is dependent upon the roaming carrier's support of applicable network technology and functionality. Check with roaming carriers individually for support and coverage details. Devices can transmit and receive data messages without user intervention and can generate unexpected charges when powered "on" outside the United States, Puerto Rico and USVI. Certain countries and/or carriers within a roaming zone may be unavailable while roaming. Availability, quality of coverage and Data Services while roaming are not guaranteed.

6.0 WHAT OTHER TERMS AND CONDITIONS APPLY TO MY DATA SERVICES?

6.1 AT&T Wi-Fi Hot Spots

AT&T Wi-Fi service is subject to the Terms of Services & Acceptable Use Policy ("Terms") found at www.att.com/attwifitosaup. Your use represents your agreement to those Terms, incorporated herein by reference. Plans include access to domestic AT&T Wi-Fi Hot Spots only. Access includes AT&T Wi-Fi Basic. The Plans do not include access to other Wi-Fi hot spots. Wi-Fi enabled device required. Other restrictions apply. See www.attwifi.com for details and locations.

6.2 Intellectual Property

You must respect the intellectual property rights of AT&T, third-party content providers, and any other owner of intellectual property whose protected property may appear on any website and/or dialogue box controlled by AT&T or accessed through AT&T's Data Services. Except for material in the public domain, all material displayed in association with the Data Services is copyrighted or trademarked. Except for personal, non-commercial use, trademarked and copyrighted material may not be copied, downloaded, redistributed, modified or otherwise exploited, in whole or in part, without the permission of the owner.

6.3 Severability

If any provision of this Agreement is found to be unenforceable by a court or agency of competent jurisdiction, the remaining provisions will remain in full force and effect. The foregoing does not apply to the prohibition against class or representative actions that is part of the arbitration clause; if that prohibition is found to be unenforceable, the arbitration clause (but only the arbitration clause) shall be null and void.

6.4 Assignment

AT&T may assign this Agreement, but you may not assign this Agreement without our prior written consent.

6.5 Governing Law

The law of the state of your address shall govern this Agreement except to the extent that such law is preempted by or inconsistent with applicable federal law. In the event of a dispute between us, the law of the state of your address at the time the dispute is commenced, whether in litigation or arbitration, shall govern except to the extent that such law is preempted by or inconsistent with applicable federal law.

6.6 English Language

The original version of this Agreement is in the English language. Any discrepancy or conflicts between the English version and any other language version will be resolved with reference to and by interpreting the English version.

7.0 WHAT TERMS APPLY ONLY TO SPECIFIC STATES?

7.1 California: What If There Are Unauthorized Charges Billed To My Device?

You are not liable for Plan charges you did not authorize, but the fact that data usage was incurred from your Device is evidence that the Plan charges were authorized. You may submit documents, statements and other information to show any Plan charges were not authorized. Unauthorized Plan charges may include subsequent monthly recurring Plan charges incurred from your Device after it was lost or stolen.

If you notify us of any Plan charges charged to your payment method that you claim are unauthorized, we will investigate. We will advise you of the result of our investigation within 30 days. If you do not agree with the outcome, you may file a complaint with the California Public Utilities Commission and you may have other legal rights.

7.2 Connecticut: Questions About Your Service

If you have any questions or concerns about your AT&T Mobility service, please call Customer Care at 1-800-331-0500, or visit att.com/wireless. If you are a Connecticut customer and we cannot resolve your issue, you have the option of contacting the Department of Public Utility Control (DPUC). Online: www.state.ct.us/dpuc; Phone: 1-866-381-2355; Mail: Connecticut DPUC, 10 Franklin Square, New Britain, CT 06051.

©2014 AT&T Intellectual Property. All rights reserved. AT&T, AT&T logo and all other marks contained herein are trademarks of AT&T Intellectual Property and/or AT&T affiliated companies. Apple iPad: TM and © 2014 Apple Inc. All rights reserved. Apple is a trademark of Apple Inc., registered in the U.S. and other countries. iPad is a trademark of Apple Inc.