Terms of service

Last Revised: Friday, July 02, 2004

Conditions of Use / Service Terms Agreement

Please review the PAGERSDIRECT Web site Terms of Access. All access to and use of this Web site is governed by these terms. Entering into this Web site indicates that you have reviewed the Web site Terms of Access and have agreed to be bound by these terms.

Disclaimer

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Cross Reference Information

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Copyright

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Terms of Service

1. FEES AND DEPOSITS. Subscriber shall pay to Company all fees and charges specified in this Agreement for Service. All fees are subject to change upon 30 days emailed notice to Subscriber. All purchases for pagers, products and services are prepaid. We accept major credit cards, check and money orders. Payment by check or money order must be received and clear before an order is processed.

2. USE. Subscriber shall operate the Pager(s) in a lawful manner and shall comply with all Federal, State and local laws and all FCC Rules and Regulations and with the Company's Tariff or Conditions of Service and List of Charges.

3. LOSS AND DAMAGE. Subscriber shall bear the entire risk of loss, theft, damage or destruction of equipment from any cause whatsoever. No loss, theft, damage or destruction of the equipment shall relieve Subscriber of the obligation to pay any obligation under this contract. Subscriber may purchase the option PAGERSDIRECT No Fault Protection plan with any annual service agreement which will replace a pager for a predetermined deductible.

4. MAINTENANCE. Nothing in this agreement shall be deemed to require Company to maintain or service the Pager(s) other than that of a pager malfunction not caused by negligence, abuse, loss or theft and Subscriber shall have the sole responsibility to maintain Pager(s) in good working condition.

5. TERM. Except for a month-to-month or quarterly basis, Service is contracted for a period of one year. Upon expiration of said term, Subscriber may cancel further Service and terminate his obligation to pay for further service by cancelling the Service by providing thirty (30) days written or emailed notice to Company. Not withstanding the termination of Service by either party, Subscriber shall be responsible for all charges and fees that accrue hereunder. ANY PREPAID MONIES WILL NOT BE REFUNDED IN CASE OF EARLY TERMINATION OF THIS CONTRACT BY SUBSCRIBER. Subscriber shall be further liable for the payment of all charges and fees that would otherwise be due for the full contract term or such other payments as may be specified in any applicable tariff.

6. INDEMNITY. Unless caused by the negligence of Company, Subscriber shall defend, indemnify and hold Company and the supplier of service to Company and the officers, employees and agents of each of them harmless against any and all claims, demands, suits, judgments, causes of action, losses, expenses, liability or damages for libel, slander, or infringement of copyright from the material transmitted via the pager telephone number, and against any and all other claims, demands, suits, judgments, causes of action, losses, expenses, liability or damages, including without limitation for any personal injury or death, arising in any way directly or indirectly in connection with this agreement for the equipment and/or services, including without limitation, its manufacture, selection, purchase, delivery, possession, use, service, operation or return, and the recovery of claims under insurance policies thereon, or for the use, failure to use or inability to use the pager telephone number. This indemnity shall survive the termination of this agreement.

7. Subscriber shall not be deemed the agent, servant or employee of Company in any manner or for any purpose whatsoever.

8. Subscriber acknowledges that any email address, capcodes, and phone numbers issued to wireless devices provided by company may need to be changed due to a variety of reasons and subscriber will hold company harmless if changes are required.

9. DEFAULT. It Subscriber fails to pay any airtime charges or other amounts herein provided within ten (10) days after Company shall have demanded in writing the performance thereof, or if any proceeding in bankruptcy, receivership or insolvency shall be commenced by or against Subscriber or his property or if Subscriber makes any assignment for the benefit of his creditors, Company shall have the right, but shall not be obligated to, exercise any one or more of the following remedies: (a) In the event that payment is not made on this account and it is placed with a licensed collection agency, I/We agree to pay the fees of the collection agency equal to a maximum of 50% of our outstanding balance at the time the account is placed with the agency. As well as interest of 18% per year which will be accured on the principal. Should legal action also be necessary in order to enforce this debt, I/We agree to pay attorney's and court costs incurred for collection. (b) to terminate this agreement as to any service provided; (c) to collect from Subscriber a service charge equal to the highest rate of interest allowed by law and by Company Tariff, if applicable; (d) to pursue any other remedy now or hereafter existing in law or inequity.

10. RECONNECT / ACTIVATION FEE. A non-refundable $10.00 reconnection / activation fee will be charged to Subscriber if Service is reactivated after a voluntary or involuntary termination or when activating a customer owned pager. RETURNED CHECKS: Subscriber will be charged a $25.00 fee for each check returned by the bank.

11. REFUNDS. If Subscriber returns a pager within thirty (30) days of purchase date, a full refund will be issued LESS a 15% restocking fee and less shipping fees paid and airtime charge for each calendar month or partial month of service, providing the merchandise is returned in "new" condition and is accompanied by all original packing material, boxes, manuals, warranties, accessories and all other items which were included with the merchandise at the time of original purchase. The absence of these criteria will result in an additional $5.00 fee. Please note that if an order is placed and paid in full and then canceled before it leaves our distribution center or if an item is sent but not delivered due to an insufficient address provided by the customer or if refused by the customer, a processing fee of 5% of the total amount of the order will be charged to cover the costs involved in processing and then canceling an order in addition, shipping costs paid will not be refunded.

12. LIMITATION OF LIABILITY. Notwithstanding anything contained herein, nonperformance of Company and the supplier of service to Company hereun­der shall be excused if caused by equipment failure, acts of God, strikes, equipment or facilities shortages or other causes beyond Company control. In addition, the liability, if any, of Company and supplier of service to Company for any mistake, omission, interruption, delay, error, defect or other failure in its operation or service furnished, or in transmission of information over the facilities used in furnishing service shall in no event exceed the amount of company prorated monthly charge to Subscriber for service during the period so affected. In no event shall Company be liable to Subscriber and/or its customers, users or any other person for any amount arising out of or connected with this agreement (except as specifically set forth in the preceding sentence) or for any cost, delay, incidental, general, or consequential damages, including but not limited to lost profits, property damage, personal injury or death. Subscriber agrees to indemnity and hold Company, its officers, employees, agents and affiliates harmless from and against any and all act, action, claims or demands made or brought by Subscriber's customers, former customers, or any third party arising out of or in connection with the activities contemplated by this agreement, even if occasioned by the sole negligence of Company, and against all legal fees, costs and expenses incurred by Company in defending same, including legal fees and costs incurred to establish the application of this paragraph.

13. SEPARABILITY. If any of the provisions of this agreement be determined to be unenforceable by any court of competent jurisdiction, then and in the event such term or provision shall be deemed as excluded and the remainder of the service agreement shall remain in full force and effect.

14. ENTIRE AGREEMENT. This instrument constitutes the entire agreement between Company and Subscriber. No covenant or condition or any other part of this instrument may be waived except by written instrument signed and made a part hereof by Company. The failure of either party to enforce any such provisions, but the same be and remain in full force and effect. Notwithstanding, the foregoing, this Agreement shall be deemed to be amended to reflect any change in equipment, service, frequency or rates and fees which Subscriber requests or to which Subscriber consents.

15. NOTICES. Notices to Subscriber will be deemed given if deposited in the US Postal Service addressed to Subscriber last known address. Notice to Company shall be deemed given when received by Company at the following address:

PagersDirect Inc

PO Box 1770

Vineland, NJ 08362

16. SMS MESSAGING PROGRAM (Voice2Pager™)

16.1 Program Description. PagersDirect, Inc. ("PagersDirect," "we," "us") offers an SMS text-message notification service branded Voice2Pager™ ("SMS Program"). When enrolled, you will receive text messages related to your Voice2Pager account, including notifications that a voice message has been received, transcribed, or delivered, delivery status alerts, and related service or account messages.

16.2 Consent. By providing your mobile number and checking the consent box on our opt-in form (or by texting a designated keyword to our short code or long code), you expressly consent to receive SMS messages from PagersDirect at that number, including messages sent using an automatic telephone dialing system or pre-recorded/artificial voice technology where applicable. Consent is not a condition of purchase. You represent that you are the subscriber or customary user of the mobile number provided, or that you are authorized to enroll that number.

16.3 Message Frequency. Message frequency varies based on your Voice2Pager activity. You may receive a message each time a qualifying event occurs on your account.

16.4 Message and Data Rates. Message and data rates may apply. PagersDirect does not charge for the SMS Program itself, but your mobile carrier's standard rates and fees will apply to each message sent or received. Check your mobile plan for details. PagersDirect is not responsible for delayed or undelivered messages.

16.5 Supported Carriers. The SMS Program is available on most major U.S. wireless carriers. Carriers are not liable for delayed or undelivered messages. Availability and delivery are not guaranteed on any particular carrier.

16.6 Opting Out (STOP). You may cancel the SMS Program at any time by texting STOP to the number from which you received the message. After you send STOP, we will send a one-time confirmation message; you will not receive further Voice2Pager SMS notifications unless you re-enroll. Opting out of SMS does not terminate your pager or Voice2Pager service; it only disables text-message notifications.

16.7 Help (HELP). For assistance, text HELP to the number from which you received the message, email support@pagersdirect.net, or call the number listed on pagersdirect.net.

16.8 Changes to Your Mobile Number. You agree to notify PagersDirect promptly if your mobile number changes or is no longer under your control. You agree that PagersDirect is not liable for messages sent to a number you previously provided but no longer use.

16.9 Privacy. Mobile information (including your phone number, consent record, opt-in source, IP address, user-agent, and message metadata) is collected and used to operate the SMS Program and for compliance recordkeeping. Mobile information is not sold, rented, or shared with third parties or affiliates for their marketing or promotional purposes. Information may be shared with subprocessors (such as our SMS delivery provider and hosting provider) solely to deliver the SMS Program. See our Privacy Policy for full details.

16.10 Compliance and Prohibited Use. You agree not to use the SMS Program in violation of the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, CTIA Messaging Principles and Best Practices, or any other applicable law or carrier rule. PagersDirect may suspend or terminate your access to the SMS Program at any time, with or without notice, for suspected abuse, non-consented enrollment, or violation of these Terms.

16.11 No Emergency Service. The SMS Program is not a substitute for 9-1-1 or other emergency services. Do not rely on SMS notifications for time-critical or life-safety communications. Voice2Pager notifications may be delayed, out of order, or undelivered.

16.12 Limitation of Liability. The limitations of liability and indemnification provisions elsewhere in these Terms (including Sections 6 and 12) apply in full to the SMS Program.

          17.Acceptable Use and Prohibited Abuse

• System Spamming: Sending bulk, automated, or repetitive pages that disrupt the network.
• Harassment: Transmitting threatening, abusive, defamatory, or obscene messages.
• Resource Hoarding: Artificially keeping lines or bandwidth open to degrade service for others.
• Fraudulent Use: Spoofing sender identities or transmitting false emergencies.
• Illegal Activities: Utilizing the service to coordinate unlawful acts or violate privacy laws.