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Terms and Conditions


 
By using Pronto Networks Services, you are bound to the following:
 
(1) the Terms and Conditions, including the binding arbitration clause;
(2) the terms and conditions associated with your Service Plan and Devices;
(3) the Pronto Networks Privacy Policy available at ; and
(4) any other policies incorporated into this Agreement by reference.
 
PLEASE READ THESE Terms and Conditions carefully and make sure you understand each provision as they contain important information about the services provided to you and our use of certain information. These Terms and Conditions require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. These Terms and Conditions limit our liability and the remedies available to you in the event of a dispute.
 

  1. General. “Pronto Networks”, “we”, “us” or “our” refers to Pronto Networks, Inc. You, your, customer, subscriber and user refers to an account holder or authorized user of our Services or Devices. Services means voice telephony, text messaging, broadband Internet access services, applications, and any other services provided to you by Pronto Networks. Device means any phone, device, accessory, or other product provided or sold to you by Pronto Networks or that is activated or used with your Services. These Terms and Conditions are an agreement between Pronto Networks and you under which we provide and you accept our Services and/or Devices (Agreement).

    YOU ACCEPT THIS AGREEMENT WHEN YOU:

    (A) ATTEMPT TO OR IN ANY WAY ACTIVATE AND/OR USE THE SERVICES, (B) PAY FOR ANY SERVICES, (C) UPGRADE OR MODIFY THE SERVICES, (D) START ANY APPLICATION, PROGRAM, OR SOFTWARE THAT STATES YOU ARE ACCEPTING THE SERVICES, OR (E) ACCEPT THE SERVICES OR AGREEMENT THROUGH ANY WRITTEN, ORAL, OR ELECTRONIC STATEMENT OR SIGNATURE.     You must be 18 years or older to use Pronto Networks Services.
  1. Devices. You may purchase a Device from Pronto Networks to use with our Services or use your own Device with our Services. Devices must be compatible with, and not interfere with, our Services, and must comply with all applicable laws, rules, and regulations. Devices may not be enabled for all Services and some Services may not work on some Devices. At times we may remotely change your Device’s software, applications or programming, without notice, to address security, safety, or other issues that impact our network or your Device. These changes will modify your Device and may affect or erase data you have stored on your Device, how you have programmed your Device, or how you use your Device. While your Device is receiving a software update, whether by our action or yours, you may be unable to use it in any manner until the software update is complete, including to contact 911 or other emergency services.
  1. Loss, Theft, Damage, or Destruction of Devices. Upon accepting your Device, all risk of loss, theft, damage, or destruction of your Device is borne by you. In the event of any loss, theft, damage, or destruction of your Device, you are responsible for purchasing a replacement Device at your expense. If your Device is lost or stolen, you must contact us immediately to report the Device lost or stolen. When you contact us to report your Device as lost or stolen, you can request that we suspend your Services without a charge. You may be responsible for all charges incurred as a result of any use of your Device until you report the loss or theft and request that we suspend your Services. We will not credit or refund any account balance as a result of loss or theft of your Device. We and you agree to act in good faith and in a reasonable manner in connection with any investigation of the loss or theft of your Device. Except as otherwise provided herein, if your Device is lost, stolen, damaged, or destroyed, you remain responsible for complying with your other obligations under this Agreement including, but not limited to, payment of any charges, and any other obligations that you are responsible for under any other agreements that are in effect between us and you, including, but not limited to, any Conditional Sales Agreement(s).
  1. Authorized Use of Our Services and Devices.  Prohibited uses include, but are not limited to: (b) using the Services or Devices to engage in unlawful activity, including, but not limited to, fraud, impersonation and infringement on our or any other person or entity’s intellectual property rights; (c) using the Services or Devices to engage in conduct that adversely affects our customers, employees, business, or any other person; (d) using the Services or Devices to engage conduct that interferes with our Services, operations, network, reputation, or ability to provide quality Service, including, but not limited to, the generation or dissemination of viruses, malware, worms, Trojan Horses, time bombs, auto-responders, cancelbots, corrupted files, or denial of service attacks; (e) tampering, modifying, or reprogramming your Device; (f) using the Services or Devices to generate excessive amounts of Internet traffic through the continuous, unattended streaming, downloading or uploading of videos, music, or other files; (g) sending abusive or unsolicited communications, or any other mass or automated voice, text, or data communication for commercial or marketing purposes (e.g., spamming and telemarketing); (h) using the Services in connection with server devices or to operate a hosting service; (i) using applications that automatically consume unreasonable amounts of available network capacity, are designed for unattended use, automatic data feeds, automated machine-to-machine connections, or are used in a way that degrades network capacity or functionality; (j) installing, deploying, or using any regeneration equipment or similar mechanism (e.g., a repeater or signal booster) to originate, amplify, enhance, retransmit or regenerate a transmitted RF signal, unless authorized by Pronto Networks; or (k) assisting or facilitating anyone else in any of the above activities. You are responsible for any use of the Services through any Device on your account including, but not limited to, use by minors. If your Device 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.
  1. Unlimited Service Abuse. UNLIMITED DOES NOT MEAN UNREASONABLE USE. The Authorized Use policy sets forth in this Agreement applies to all Pronto Networks plans, including plans with unlimited data. If Pronto Networks finds that you are using unlimited Services for anything that violates the Authorized Use policy, Pronto Networks may, at its option, terminate your Services or change your plan to one with no unlimited Services. Pronto Networks may provide notice that it intends to take any of these actions, and may terminate the Agreement.
  1. Account Access. You authorize us to provide information about and to make changes to your account, including adding new services and features, upon the direction of any person able to provide information we deem sufficient to identify you. If you authorize another person to access your account or provide another person with your account validation information, that person may be able to make changes to your account. Those changes will be binding on you and Pronto Networks takes no responsibility for those changes. If you create an online account, you should ensure your account password is unique and complex to protect the security of your account.
  1. Purchases and Authority to Use. Your Device may be used to purchase content, applications, and other goods and services, including applications, games, graphics, ring tones or news alerts (including subscription plans) from Pronto Networks or from third parties, including within applications (In-App Purchases) (collectively, Content and Applications). Content and Applications may be purchased directly with any Device containing a Subscriber Identity Module (SIM) card assigned to your account or online. You are responsible for all charges resulting from the purchase of Content and Applications, including data usage charges incurred while purchasing, downloading, and using the Content and Applications. When you give Devices assigned to your account to other users, you give those users your authority 1) to order Content and Applications from the Device, including subscription services, and to incur charges for those Content and Applications, and 2) to give any consent required for those Content and Applications, including the consent to use the user’s location information to deliver customized information to the user’s Device, or to make any representation required for those Content and Applications, including a representation of the user’s age, if requested. Usage by others can be restricted by use of parental controls or similar features. Pronto Networks is not responsible for third-party Content and Applications, including download, installation, use, transmission failure, interruption, or delay, or any content or website you may be able to access through the Content and Applications. For assistance with third-party Content and Applications, contact the third-party sellers directly. When you download or install third-party Content and Applications, you are subject to the terms and conditions and privacy policies of that Content and those Applications.
  1. Coverage. Coverage is not available everywhere. There are gaps in coverage within the areas shown on coverage maps, which, by their nature, are only approximations of actual coverage. Coverage may vary and be affected by circumstances beyond our control (e.g., network capacity, interference from buildings and other structures, terrain, and weather).We do not guarantee the availability of the wireless network and/or coverage.
  1. Service Limitations. Services may be interrupted, delayed, or otherwise limited for a variety of reasons, including, but not limited to, environmental conditions, unavailability of radio frequency channels, system capacity and constraints, 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, but do not have the obligation to, refuse to transmit any information through the service and may screen and delete information prior to delivery of that information to you. You acknowledge that the Services are provided through the nationwide wireless network of an underlying service provider of our choosing and may be subject to the service limitations of that provider. We do not guarantee the availability, quality, or data speeds of any services when on the network of our underlying carrier or when roaming on another carrier’s network.
  1. Limitation of Liabilities. To the fullest extent permitted by state and federal law, YOU AGREE THAT NEITHER Pronto Networks NOR OUR VENDORS, SUPPLIERS, OR LICENSORS SHALL BE LIABLE FOR ANY: (a) act or omission by you or a third party; (b) mistake, omission, interruption, error, failure to transmit, delay, or defect in the Services provided by or through us; (c) damage or injury caused by use of the Services or Devices, including accidents or health-related issues; (d) claim against you by third parties; (e) damage or injury caused by a suspension or termination of service by Pronto Networks; (f) damage or injury caused by failure or delay in contacting emergency services, including through 911; (g) content or information accessed while using our Services; (h) interrupted, failed, or inaccurate location information services; (i) information or communication that is blocked by a spam filter; (j) events due to factors beyond our control, including acts of God (e.g., weather-related phenomena, fire, earthquake, hurricane, etc.), riot, strike, war, terrorism, or government orders or acts; (k) changes in operation, equipment, or technology that cause your Device or software to be rendered obsolete or require modification; or (l) damage to your Device or any computer or equipment connected to your Device, or damage to or loss of any information or data stored on your Device, computer, equipment, or a Pronto Networks storage space from your use of the Services, when we service your Device, or from viruses, worms, or downloads of malicious content, materials, data, text, images, video, or audio. You should implement appropriate safeguards to secure your wireless device, computer or equipment and to back-up your information stored on each. Unless applicable law precludes parties from contracting to so limit liability, Pronto Networks shall not be 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 Services or Devices provided by or through Pronto Networks, including loss of business or goodwill, revenue or profits, property damage or claims of personal injuries. THESE LIMITATIONS OF LIABILITY WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, INCLUDING FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, NEGLIGENCE, OR PRODUCT LIABILITY.
  1. Indemnification. To the fullest extent allowed by law, you agree to defend, release, indemnify, and hold harmless Pronto Networks and its officers, directors, employees, and representatives from and against any and all losses, claims, liabilities, injuries, costs, damages, and expenses (including taxes, fees, fines, penalties, interest, expenses, and attorney fees) of any person or entity arising out of or relating to, directly or indirectly, your or any other persons use of the Services or Devices provided by Pronto Networks; your acts or omissions, including your breach of this Agreement; other Pronto Networks policies; any applicable statutes, ordinances, laws or regulations of any federal, state, or local authority, and claims arising in whole or in part from the alleged negligence of Pronto Networks. This obligation shall survive termination of your service with Pronto Networks.

 
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. 
 
Summary: Most subscriber concerns can be resolved quickly and to the subscriber’s satisfaction by calling our customer service department at 1-888-997-4223. In the unlikely event that Pronto Networks customer service department is unable to resolve a complaint you may have to your satisfaction (or if Pronto Networks 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. 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 $25,000, Pronto Networks will pay all costs of the arbitration. Moreover, in arbitration you are entitled to recover attorney fees from Pronto Networks to at least the same extent as you would be in court.
 
You maintain your right to file a complaint with the FCC, your state’s Public Service Commission, or any other appropriate federal, state, or local agency regarding the service provided and/or charges imposed by Pronto Networks. Nothing in this paragraph or this Agreement in any way eliminates or abridges that right.
 
Arbitration Agreement.
 

  1. Mandatory, Bilateral, and Binding Arbitration. You and Pronto Networks agree that any dispute, claim, or controversy arising out of or relating in any way to your use of Pronto Networks Services, or to any products or services sold or distributed by Pronto Networks or through Pronto Networks websites or mobile applications, including any dispute or claim as to the scope or applicability of this agreement to arbitrate, shall be resolved only by final and binding, bilateral arbitration, except that (1) you may assert claims in small claims court if your claims qualify; and (2) this agreement to arbitrate does not include your or Pronto Networks right to seek injunctive or other equitable relief in a court of competent jurisdiction pursuant to the Choice of Law & Jurisdiction provision above, to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. The Federal Arbitration Act, 9 U.S.C. § 1, et seq., and federal arbitration law apply to this agreement and govern all questions as to whether a dispute is subject to arbitration.

 
Any arbitration under this Agreement will take place on an individual basis class arbitrations and class actions are not permitted. There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator, however, can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages), and must follow the terms of these Terms and Conditions.
 
The term dispute shall include any dispute, claim, or controversy between you and Pronto Networks regarding or relating to any aspect of your relationship with Pronto Networks, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort), or any other legal or equitable theory. The term dispute also includes, but is not limited to, any and all claims between you and Pronto Networks in any way related to or concerning this Agreement, Pronto Networks services, products, any billing disputes or disputes involving or relating to telephone calls or other communications that you claim were received by you from Pronto Networks and/or a party acting on Pronto Networks behalf. The term dispute is to be given the broadest possible meaning that will be enforced.
 

  1. Dispute Notice: Before initiating an arbitration, you and Pronto Networks each agree to first provide the other a written notice (Notice of Dispute), which shall contain: (a) a written description of the problem and relevant documents and supporting information; and (b) a statement of the specific relief sought. A Notice of Dispute can be (1) mailed to Pronto Networks INC, Attn: Legal Department, 1550 Parkside Drive #125 Walnut Creek, CA 94596, USA (the Notice Address), (2) emailed at legal@prontonetworks.com, (3) submitted by visiting www.prontonetworks.comPronto Networks will provide a Notice of Dispute to you via the mailing address or email address associated with your Pronto Networks account. You and Pronto Networks agree to make attempts to resolve the dispute prior to commencing an arbitration and not to commence and arbitration proceeding until a 45-day post-notice resolution period expires. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, you or Pronto Networks may commence an arbitration proceeding.
  1. Disputes may also be referred to another arbitration organization if you and Pronto Networks agree in writing, or to an arbitrator appointed pursuant to Section 5 of the Federal Arbitration Act. 9 U.S.C. § 1, et seq.
  1. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, collective, or representative action.
  1. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION FOR ANY DISPUTE COVERED BY THIS AGREEMENT.
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