Silver Star Communications takes protecting your privacy very seriously. To ensure your personal information is secure, we require a security password to access your account.
Silver Star Communications does not share, sell or rent any information regarding your account that is not already public knowledge to any other parties. If you opt-in (see below), Silver Star will only use your information to tailor Silver Star’s services to you and improve our services.
Silver Star has security measures in place to protect your account information. This notice is meant to educate you on our practices and how we use your account information.
Why? We are responsible under federal law to protect your account information and the confidentiality of data generated when you use Silver Star’s network. You will be required to provide an account password or answer privacy questions to access your account information.
You have the option to opt-in or out of receiving information about Silver Star’s other services and those of its affiliates. If you choose to opt-in, you are giving us permission to make recommendations for additional services and send you information about our other services. If you opt-out, we will not talk to you about unrelated services without asking permission. We take your privacy seriously and regardless of whether you opt in or out, we do not practice excessive email, mail or telemarketing.
What? Customer Proprietary Network Information (CPNI) is any non-public data we have on record about your use of our network and services, such as the types of subscribed services, the number of telephone lines you have and how much you use your services. We do not share with, rent or sell to others this information.
This privacy notice applies to Silver Star Communications, Silver Star Wireless, Silver Star Long Distance and Silver Star Broadband.
How? As a Silver Star customer you always retain the right to restrict use of your information. If you opt-in or opt-out, this remains valid until you contact us in writing or for two years, whichever comes first. If you decide to opt-out, this choice will not affect the services to which you currently subscribe. If you have not provided Silver Star with a security password and privacy questions, you will be asked to do so the next time you contact us to access your account. Contact us to set up your account password or change your opt-in/out status. After 30 days Silver Star will assume customer opt-in.
Silver Star Communications
PO Box 226
Freedom, WY 83120
307.883.2411 | 208.354.3300 | 208.909.5000
Applicability of Terms and Conditions
These Terms and Conditions apply to Silver Star Communications, Silver Star Wireless, Silver Star Long Distance, and Silver Star Broadband and affiliates where defined below (“Silver Star” or “Silver Star and Affiliates”).
Please familiarize yourself with Silver Star’s billing policy. The most convenient option for payment is online, where you can pay any time of day through a variety of payment methods and access historical invoices.
Payment Due Date: Your monthly billing statements are sent on or around the 1st of each month. Payment is considered delinquent if not received by the 20th of the month. If your payment will not reach us by the due date on the statement, please contact Customer Service to discuss payment arrangements. A late payment notice will be sent by mail or email, and services may be reduced to basic service or disconnected if payment arrangements are not made. Attempts to reach you, the account holder, by phone will be made at least 24 hours prior to disconnection. See each service section for applicable late charges and reconnection fees.
ACCEPTABLE FORMS OF PAYMENT
- credit/debit cards
- online payments
AUTOMATIC PAYMENT OPTIONS
- automatic bank draft
- automatic credit card payment
RETURNED CHECKS: A returned check will be considered the same as a non-payment and will result in a $15 processing fee. If the payment is insufficient a second time, you will be required to pay by cash or credit card. Insufficient payment returns may result in suspension of services.
Plan Changes: You may upgrade services at any time without incurring service fees. Downgrades to service may incur a $12 service fee.
Relinquishing Accounts: You may relinquish service to another individual by submitting a signed authorization form. Relinquished service orders may incur a $12 fee. Customers obtaining relinquished service will be subject to existing agreement terms and security deposit requirements.
Terms: Contract discounts expire at the end of the agreement term, unless an agreement is renewed. Service will continue until canceled. Unless you notify Silver Star and Affiliates of your desire to terminate service, we will automatically continue providing subscribed services on a monthly basis at the retail rate. Silver Star reserves the right to change any of its rates or terms of service, even if this agreement has not expired or terminated and even if a prepayment has been made. If a change is ever made which would increase your cost, you will be provided at least thirty (30) days advance written notice of the change. If you do not agree to a change which increases your cost, then you will be permitted to change your rate plan to any other plan offered by Silver Star (without charge for the plan change) . If you cancel under these circumstances, you must give prior written notice of cancellation to Silver Star and you will be subject to early termination fees.
Service Interruptions: Silver Star will not be responsible for any failure to perform any obligation or provide any services hereunder due to any Act of God or nature, strikes, work stoppage, equipment or facilities shortages, governmental acts, directives or abuse, war, riot or civil commotion, or any other force beyond our immediate and reasonable control. Service may be interrupted from time to time for a variety of reasons, including maintenance activities. Prior notice will be provided when possible.
Contact Methods: By accepting service and these terms, you are consenting to allow us to contact you in writing by mail, phone, text message (if you provide a mobile number), and by email (if applicable), regarding your service.
Cancellation: You may cancel services by notifying us. You may be charged an early termination fee as they pertain to each individual service. We may cancel your service at any time for non-pay, subject to any grace periods, or breach of any other material provision of this agreement. In such case, you will still be responsible for payment of all outstanding balances accrued through that effective date, including deactivation and termination fees for each individual service.
Local Telephone Service
Agreement: You agree to pay monthly local service in advance and toll charges in arrears. The first billing statement will arrive with monthly local service charges in advance, pro-rated local service charges for past/partial month since connection date, connection fees and deposit balance due, if applicable. Upon receipt of this billing statement, if anything appears to be in error or unclear, contact Customer Service immediately.
Deposits: Local telephone service requires a deposit equal to two months of local service and estimated long distance charges. Silver Star may waive standard deposits if you present a letter of good credit from a current or most recent telephone company, where service was established under your name. Deposits will be held for six (6) months until continuous good payment history has been achieved with no disconnects for non-pay or non-sufficient fund checks during the 6 month period. The deposit will then be refunded as an account credit with interest.
Business Classification: Business lines receive a listing in the yellow pages of Silver Star’s phone directory and any directories that purchase Silver Star’s listings. Residential listings are not eligible.
Plan Changes: A period of thirty (30) days from the connection date will be allowed for you to request changes and/or additions to services without a connection or subsequent service order charge applied. After that time, appropriate service order fees will apply.
Repairs: Dial 611 to report problems with your local telephone service from the location where service is not working. You may also call 877.883.2411 or email firstname.lastname@example.org.
Late Payments & Reconnection Fees: In case of non-payment, you are liable for, and hereby agree and promise to pay, all costs of collection including a reasonable attorney’s fees, together with interest at a rate of 1.5% per month on any balance due and unpaid. Your service will be disconnected for non-payment when balance due is left unpaid, upon due date, and payment arrangements have not been made or were made and not kept. A reconnection charge of $32 will be applied to all accounts that have been disconnected for any reason.
Disputing Charges: If you are disputing any charges on your bill, contact Customer Service. Service will not be terminated while your dispute is unresolved provided any amounts not in dispute are paid in full.
Agreement: Silver Star’s bundles combine eligible services for a monthly discount. Qualified Silver Star services must be of a specific value (see website or application for details). We reserve the right to alter or cancel part of or the entire service bundle at any time.
Agreement: Silver Star reserves the right to terminate or alter any long distance plan at any time. Bundled long distance calling minutes are available only for the month of service and do not accumulate over time.
Agreement: Internet service is granted based on local, state and federal laws and Internet acceptable use policies, including but not limited to:
- You may not make available via Silver Star’s Network to others any material that is copyrighted or violates local, state or federal law.
- You may not utilize the connection to Silver Star’s Network for commercial purposes or personal gain and may not sell/re-sell or give away such access without permission from Silver Star.
- You are responsible for all use of computer(s), whether used by you or others, connected via Silver Star’s Network and for ensuring that any use does not invade or adversely affect the operation of Silver Star’s Network.
- Silver Star Communications may restrict or limit usage of Network for entertainment purposes: transfer of video, audio files, etc.
- You may not send or relay UCE/SPAM/BULK emails.
- You must be 18 years of age or older.
- Silver Star reserves the right to modify special promotions for Internet products.
- DSL service requires that the location for service be within the Silver Star’s telephone serving territory.
Term: For customer convenience, 1 and 2 year agreements may be completed over 36 months and 3 year agreements may be completed over 48 months. You may temporarily suspend Internet service during the term, as long as you reactivate service within 12 months (a $12 fee per reactivation will apply). A move of service is considered a new install; charges for new service may apply.
Late Payments & Reconnection Fees: If you do not pay your bill by the due date on the invoice, your account will be delinquent. Each delinquent account shall be subject to a late payment fee of $5. Each delinquent account is subject to suspension or termination and a reconnection fee of $20.
Service Details: Actual data transmission rates may fluctuate due to Internet congestion, server or router speeds, protocol overheads, computer equipment performance, and other factors, which cannot be controlled by Silver Star. Silver Star guarantees a “best-effort” level of service.
Support & Repairs: With your Internet service, you receive 24/7 complimentary technical support. If you are unable to resolve connection or speed issues with technical support, contact Customer Service to schedule an appointment for repair. If it is determined that the problem is other than Silver Star’s Internet service, an hourly rate of $85 will apply, with a minimum of one hour and pro-rated for each additional half hour increment.
Installation: You agree to pay installation fees as described online at www.silverstar.com or on the Internet application. New DSL customers without an existing telephone line must have a line installed for service. Wireless Internet customers may require additional equipment depending on location of service. DSL service requires a working telephone jack. Silver Star will provide additional inside wiring services for $52/hour or networking services for $85/hour. If you require installation services, it is necessary for you to be present while Silver Star’s technicians install equipment in your home. In order to avoid a $52 “no show” fee, please contact Customer Service to reschedule if you will not be able to meet the technician for the originally scheduled appointment. Rescheduling may result in a delay of service.
Equipment: Equipment for Internet service may be leased or purchased from Silver Star. DSL service requires a modem, and Wireless Internet service requires a wireless equipment package. Leased equipment from Silver Star remains property of Silver Star and will be replaced at no cost to you, unless equipment fails as a result of damage to or misuse. Equipment rental rates are available online at www.silverstar.com or on the Internet application. All maintenance and repair of the equipment shall be performed by a Silver Star technician. Leased equipment may not be sold, given away, removed, or tampered with. Purchased equipment is covered by warranty by Silver Star for thirty (30) days for equipment failure and by the manufacturers thereafter, with the exception of natural causes (ex. lightning).
Cancellation: Should you cancel service prior to one year of completion of your agreement term, you will be subject to an early termination charge as follows:
- less than one year completed: $200;
- greater than one year completed: $10 per each remaining month of contract term;
If you received promotional credits and did not fulfill the agreement term, you will be responsible for the pro-rated difference of the original promotional credit.
Wireless Phone Service
Wireless Mobile Service
Agreement: Upon activation of your Silver Star device, we will authorize service to you using the Silver Star Network in accordance with this agreement. All conditions of this agreement apply to any future lines of service, and to any changes made to your account. By signing this agreement, you agree to the following:
- You confirm that you have read and agree to all of the provisions of this agreement,
- You authorize Silver Star and its agents to fax your signature and check your credit references through a credit bureau and with other references and to report Silver Star’s credit experience with you to credit bureaus,
- If you are signing on behalf of a corporation or other entity, you give your assurance that you have authority to sign, and if you lack the authority, that you will be personally responsible for all amounts due under this agreement,
- If you are signing on behalf of a partnership, or private corporation, or limited liability corporation or other entity, you personally guarantee payment and performance of all obligations of this agreement,
- You understand that should you wish to cancel your Silver Star agreement after the 14 day satisfaction guarantee, you must give at least 30 days’ notice, and
- You understand that all rate plans require 50% of your monthly use to originate from Silver Star’s network.
Service Availability: Silver Star’s service is provided over radio facilities and is available only within their operating range. Radio signals are subject to inherent limitations, such as interference from intervening terrain, structures or heavy foliage, and the effects of excess distance, multi-path distortion, radio or electronic interference, and other natural or man-made conditions. Service may be limited or unavailable due to acts of nature, system repair or emergency maintenance. If fraud, abuse, or hacking is reported your service may be discontinued immediately. If you are outside Silver Star’s Network, service is also subject to the availability of roaming arrangements, and functionality may vary. A digital, dual-mode (CDMA) phone is required to access a digital signal.
Charges: Your fees for cellular service are due one month in advance or in arrears depending on your service plan, with fractions of a month prorated. Prorating of monthly charges is calculated based on a 30 day month. All charges must be paid by you, whether use originates from your device, use terminates on your device, or whether the use is on Silver Star’s system or another provider’s system. Charges incurred on another network may not be sent to Silver Star during the month of use and may appear on a later statement than when the use took place. Roaming use applies against the plan for the month in which billed. Your charges start with the channel seizure (when you press the SEND button). You are not charged for busy signals or when no one answers if END is pressed within 8 seconds. Airtime is billed in 60 second increments. Because fractions of minutes are rounded up, the actual included minutes available may vary. A $40 fee applies for phone number changes. Silver Star reserves the right to change each phone number assigned to you on its system. Overage rates for limited minute plans will incur a $0.35 per minute charge.
Taxes and Surcharges: You are responsible for federal, state and local taxes, carrier charges and mandated fees, incurred by the use of your device, such as excise, sales, use, receipts, spectrum, utility, 911, message taxes and landline access, long distance, toll , interconnect , maritime service , operator assisted calls, information, and dial up service surcharges. Provide an original Tax Exempt Document to be relieved of taxes (you cannot receive credit for any taxes already paid). 50% of your total use must occur on Silver Star’s network on a monthly basis. If service is terminated, you will still be responsible for early termination fees.
Security Deposits: Silver Star may require you to make an initial and if necessary additional, security deposit to be held as guarantee of your payment of future charges while this agreement is in effect. Each security deposit may be held by Silver Star in an account which may hold other Silver Star funds. Security deposits will be held for the term of this agreement and returned at the end of agreement term after 12 consecutive months of prompt payments. Interest shall be paid to you upon return of any security deposit. Each security deposit may be applied by Silver Star to any amount you owe at any time. Silver Star may return any security deposit in excess of $10 or other amount due to you by mailing it to your address appearing in Silver Star’s records. If you do not cash a returned payment within ninety days after being sent, then the amount shall be treated as forfeited by you.
Return Policy: You may return or exchange wireless devices and accessories purchased from Silver Star, in original box, in like new condition and with original box contents, within 14 days of purchase. A restocking fee of $35 applies for handsets and $70 for mobile devices, like tablets and routers. This return and exchange policy does not apply to customers who have purchased a Prepaid Plan.
Cancellation: You may terminate service for any reason within 14 days of activation. If you purchased a wireless device at a promotional price at the time of activation, you must return it within the device return period to avoid being assessed an Early Termination Fee. Your service agreement may carry a minimum term. You understand that should you wish to cancel your agreement after 14 days of activation, you must give at least 30 days’ notice and if you cancel your contract before the term has expired and/or port your number, you are responsible for a cancellation fee of $175 for voice and $175 for data prorated $5 each for each full month toward your minimum term on 2-year contracts and $125 for voice and $125 for data prorated $5 each for each month on 1-year contracts. Accounts porting out numbers will be assessed $25 per line ported. You are responsible for all outstanding charges, including those processed after cancellation. Monthly service charges are nonrefundable if service is terminated prior to the end of a billing cycle.
Limitations and Prohibited Use: All cellular use should be conducted in a legal manner and not for unlawful purposes, such as aiding or committing a crime or when you are in an airplane or near anything explosive, or flammable, or in the vicinity of blasting caps, explosives or blasting operations. While it is difficult and illegal for unauthorized persons to intercept conversations carried on Silver Star’s system or the wire line network, the privacy of your conversations is not guaranteed. Devices are available to scramble your conversations electronically. Excessive consumption of network or system resources (whether intentional or unintentional) and “denial of service” (DoS) attacks against another network host or individual user; interference with or disruption of other network users, network services or network equipment are all prohibited. Plans are for individual use only and are not for resale. Data service is not intended to provide full-time connections and may be discontinued after a significant period of inactivity or for excessive use. Silver Star reserves the right to limit throughput speed or immediately terminate the service of any such person without notice if excessive or illegal use is reported.
Distracted Driving: For your safety and the safety of others, cellular use should not be conducted while driving a vehicle. Do not use your cellular phone or device in any circumstance that would increase the risk of an accident or other hazard.
Rate Changes: Silver Star reserves the right to change rates or terms of service, even if this agreement has not expired or terminated and even if a prepayment has been made. Price changes will be provided 30 days advance. You may change your rate plan without a change charge if a price increase is incurred.
Disputing Charges: You may dispute charges within 90 days of receipt, unless otherwise provided by law or unless you are disputing charges because your device was lost or stolen. You are still responsible for balances due until the dispute is resolved. You may call us to dispute charges on your bill, but in order to preserve your right to bring an arbitration or small claims case regarding such dispute, you must contact us in writing, within the 90-day period mentioned above, using one of the following methods:
- Write to us at the customer service address on your bill, to the attention of Customer Service.
- Send an email through the “contact us” form at SilverStar.com
IF YOU DO NOT NOTIFY US IN WRITING OF SUCH DISPUTE WITHIN THE 90-DAY PERIOD, YOU WILL HAVE WAIVED YOUR RIGHT TO DISPUTE THE BILL OR SUCH SERVICE(S) AND TO BRING AN ARBITRATION OR SMALL CLAIMS CASE REGARDING ANY SUCH DISPUTE.
Delinquent Accounts: If you do not pay your bill by the due date on the invoice, your account will be delinquent. Each delinquent account shall be subject to a late payment fee equal to one and a half percent (1.5%) of your entire balance due to Silver Star, including previously accrued late payment fees for each month or fraction of a month that the account is delinquent. Each delinquent account is also subject to suspension or termination of service without advance notice.
Suspension: Silver Star may suspend or discontinue service to you immediately without notice if your bill is not paid on time, you become insolvent or are subject to bankruptcy proceedings, your check is returned for insufficient funds, or you violate any term of this agreement. You may also be subject to a reactivation charge of $35 to restore your service.
Collection Cost: If Silver Star engages a collection agency or lawyer to collect your bill or to enforce this agreement, or if any lawsuit or other proceeding is commenced to do so, then you shall also pay for all resulting fees and expenses incurred by Silver Star, including collection agency fees, reasonable attorney’s fees (including those on appeal), litigation and appeal expenses, and court costs. Any returned payment will be subject to the maximum penalties allowed by state law. This payment is in addition to any balance due. Silver Star makes no warranty, express or implied, regarding its service or any device used on Silver Star’s network or any third party network.
Limitation of Liability to Credits: Silver Star makes no representation that the network will be error free, uninterrupted, or free from any unauthorized access. Silver Star will not be liable for signal loss for less than 24 continuous hours. Except for the credits described in the next paragraph, we shall not be responsible or liable to you or to any other person or entity for any problem with the service provided (meaning any mistake, omission, interruption, delay, error, defect, denial, lack of privacy, or other failure). Under no circumstances shall Silver Star be responsible or liable to you or to any other person or entity for any other damage, loss or expense arising from the problem or from your equipment, including but not limited to any loss of opportunity or profit, or any special, incidental, or consequential damages.
Determining the Credit: If a communication is attempted but fails or is unintelligible as a result of a problem with Silver Star’s service, or if Silver Star’s service is unavailable for an extended period of 24 or more consecutive hours as a result of the service problem, and if you are subsequently billed by Silver Star for the attempted communication or for access during the extended period of unavailability, then you may contact Customer Service at Silver Star before the due date on your bill and explain the problem, and if Silver Star agrees, it will cancel or reduce the charge, if any, actually billed to you under your rate plan for attempted communications or for access during the extended period of unavailability. Charges will only be credited if the occurrence of the problem can be independently verified by Silver Star.
Text Messaging: Without a texting package subscription, text messages sent or received will be charged $0.10 per message; this fee applies for overages as well. The ability to receive messages in any geographic area is not an indication that you can send messages. There is no guarantee of actual delivery or delivery within a specific period of time. If your phone is turned off, your phone’s memory is full or you are outside the service area, the network will store and re-send any messages for up to 72 hours. Messages not delivered after 72 hours will be deleted. Maximum outgoing message length is 160 characters, which include the header, name, call back number and e-mail address. Any incoming messages over 160 characters will be split into multiple messages. Any characters over the maximum will be split into multiple messages. Messages will delete after 640 characters, which exceeds message capacity. Silver Star cannot guarantee that you will not receive unsolicited messages. Without Silver Star’s permission or your knowledge, your telephone number and/or message may be intercepted by third parties.
Data Service Charges: You are responsible for all data charges, including browsing, downloads, and sent and received email and picture messages. While in a data session, you will be unable to make/receive voice calls. Data use and overage rates depend on the service plan selected. Service is only available when accessing a tower that is data-enabled. Mobile data overages for smartphones on national plans will be incurred at $20 per gigabyte and mobile broadband device overages will be incurred at $0.25 per megabyte. All local mobile phone and broadband data plans will incur roaming charges at $0.25 per megabyte. Silver Star encourages you to switch your smartphone to a wireless connection especially when traveling to reduce the possibility of overages.
If excessive use continues for consecutive months, Silver Star reserves the right to change your plan or terminate service. Data consumption may be monitored for both limited and unlimited data plans for excessive use. Excessive use means more than 50% of your use occurred outside of Silver Star’s network in any given month or in the top 5% of data use for consecutive months.
Picture Messaging: Without a picture package subscription or data plan, picture messages sent or received will be charged $0.99 per message; this fee applies for overages as well. Sending and receiving picture messages is only available in the Silver Star network and select partner networks while roaming. Smartphone users do not need a picture messaging plan; picture messages apply to data package. Charges will apply for picture messages sent from your phone, even if not delivered to the intended recipient due to system or compatibility issues. Picture messages sent to your phone will incur no charges unless you download them.
Information & Content: Silver Star is not a publisher of third-party information or content and is not responsible for any opinions, advice, statements, or other information, services or goods provided by third parties. Any information you involuntarily or voluntarily provide third parties is governed by their policies. Neither Silver Star 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 any information acquired through the Service. You acknowledge that every business or personal decision, to some degree or another, represents an assumption of risk, and that neither Silver Star nor its content and service providers or suppliers, in providing access to information, underwrites, can underwrite, or assumes your risk in any manner whatsoever.
Security: Silver Star does not guarantee security. If you use your device to access company email or information, it is your responsibility to ensure your use complies with your company’s internal IT and security procedures. Silver Star recommends the use of firewall, Anti-Virus, Anti-Spam, Anti-Spyware & Anti-Malware hardware/software.
General Matters: Silver Star may assign its rights, obligations and liabilities under this agreement without notice to you. You may assign your rights, obligations and liabilities under this Agreement only with Silver Star’s prior written consent. Subject to this restriction, this agreement shall be binding on your heirs, representatives, and permitted assigns or successors in interest, if any. All notices required under this agreement must be in writing. Each notice to you shall be effective the day after Silver Star deposits the notice in the U.S. mail, postage prepaid, addressed to you in accordance with Silver Star’s records of your account. Notices to Silver Star shall be effective only when actually delivered to an authorized employee of Silver Star at its headquarters address. The laws of the state in which the cellular service was initiated shall govern this agreement. If any provision of this agreement is held to be unenforceable or contrary to law, then the provision shall be revised, if possible, by the reviewing authority to the minimum extent necessary to make the provision enforceable and legally valid and the remaining provisions of this agreement shall continue in effect. This agreement may not be modified unless the modification is in writing signed by you and an authorized employee of Silver Star. Any failure by Silver Star to insist on strict performance of any of your obligations under this agreement will not be a waiver and shall not affect Silver Star’s right to insist later on strict performance of your obligations. If any prior statement, communication or agreement with you that was made on behalf of Silver Star that is inconsistent with this agreement, then this agreement shall control and take precedence. Silver Star may send you notices by mail or electronic means, including bill stuffers, or text messages to your handsets, at its discretion.
Equipment Protection Plans: This program covers theft, loss or direct physical damage not covered by manufacturer warranty (excluding normal wear and tear from regular use) for a registered Silver Star device.Property covered by the Equipment Protection Program is the wireless equipment excluding any accessories.You are responsible for monthly access fees while the replacement is being processed.You are responsible for any loss or damage to the replacement or loaner equipment.If a replacement is deemed fraudulent, you will be charged for the retail price of the replacement.Once you receive a replacement, you must wait to receive a new device at a discounted price (typically through renewal) for 6 months on phone plans with a retail value of $299 or below, 12 months for phone plans with a retail value of $300 or higher, and 12 months for mobile broadband device plans.Your equipment protection plan must remain in place 6 months following each replacement on the $299 phone plan, 12 months on the $300 and higher plan, amd 12 months on the mobile broadband device plan or a $50 charge will be billed to your account per instance.If your service has been terminated prior to the 6 or 12 month time frame, your account will be billed for the full retail value of the device at the time of replacement, less any paid replacement charge.Replacements will be of equal or similar functionality, and equal or lesser value.Silver Star reserves the right to use new or refurbished equipment.No cash reimbursements will be paid.Any device being replaced by this plan will become property of Silver Star.
Indemnification: In the event that any personal injury, property damage, distress, harassment, defamation, copyright infringement, agreement breach or other harm is caused by you or any other person or entity while using your cellular phone or device, or if you fail to perform this agreement or to act in accordance with any of its provisions, then you shall pay for and protect Silver Star against every resulting claim, suit, action, loss, expense, or liability, including attorney’s fees and litigation expenses (including those on appeal). Your obligations in this regard shall survive the expiration or termination of this agreement and your protection of Silver Star under this paragraph shall also extend to Silver Star owners, managers, employees, agents. The use of cellular devices while operating a motor vehicle may be prohibited by law. It is your responsibility to obey all laws and you will indemnify Silver Star of such use. This agreement constitutes the entire agreement between you and Silver Star regarding your service, but may be amended at any time in its sole discretion by Silver Star.
BlackBerry Terms & Conditions.
THE FOLLOWING SECTION APPLIES TO RESOLVING DISPUTES FOR ALL SILVER STAR SERVICES.
General Matters: Silver Star may assign its rights, obligations and liabilities under these terms and conditions without notice to you. You may assign your rights, obligations and liabilities hereunder only with Silver Star’s prior written consent. Subject to this restriction, these terms and conditions shall be binding on your heirs, representatives, and permitted assigns or successors in interest, if any. All notices required hereunder must be in writing. Each notice to you shall be effective the day after Silver Star deposits the notice in the U.S. mail, postage prepaid, addressed to you in accordance with Silver Star’s records of your account. Notices to Silver Star shall be effective only when actually delivered to an authorized employee of Silver Star at its headquarters address. If any provision hereof is held to be unenforceable or contrary to law, then the provision shall be revised, if possible, by the reviewing authority to the minimum extent necessary to make the provision enforceable and legally valid and the remaining provisions shall continue in effect. Your contract for service may not be modified unless the modification is in writing signed by you and an authorized employee of Silver Star. Any failure by Silver Star to insist on strict performance of any of your obligations under the terms of your service contract will not be a waiver and shall not affect Silver Star’s right to insist later on strict performance of your obligations. If any prior statement, communication or agreement with you that was made on behalf of Silver Star is inconsistent with these terms and conditions, then these terms and conditions shall control and take precedence.
Binding Arbitration: Any dispute or claim arising out of or relating to these terms and conditions or to any product or service provided in connection herewith (whether based in agreement, tort, statute, fraud, misrepresentation or any other legal theory), will be resolved by binding arbitration under the rules and procedures of the American Arbitration Association, except that (1) you may take claims to small claims court if they qualify for hearing by such a court, or (2) you or Silver Star may choose to pursue claims in court if the claims relate solely to the collection of any debts you owe to Silver Star. However, even for those claims that may be taken to court, you and Silver Star both waive any claims for punitive damages and any right to pursue claims on a class or representative basis.
Waiver of Punitive Damage Claims and Class Actions: By this agreement to arbitrate set forth above, both you and Silver Star are waiving certain rights to litigate disputes in court. If for any reason the arbitration clause is deemed inapplicable or invalid, you and Silver Star both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any rights to pursue any claims on a class or consolidated basis or in a representative capacity.
Your Rights: You have the right to terminate this agreement in writing in the event that Silver Star fails to perform or observe conditions under these terms and conditions within thirty (30) days after receiving written notice of the default. If with diligence and in good faith, repairs cannot be made in thirty days, Silver Star shall have reasonable additional time, not to exceed 90 days, to make amends. If you cancel, suspend or defer any order for services hereunder after Silver Star has begun efforts to repair service, you shall pay all related fees and costs reasonably incurred for the initial term of the applicable services.
Attorney’s Fees: You agree to pay any reasonable attorney’s fees and legal expenses incurred by Silver Star as a result of your failure to comply with the terms and conditions set forth in these terms and conditions. In the event of legal action arising out of or related hereto and any applicable services contract, including claims for non-payment of amounts owed, Lincoln County, Wyoming shall be the exclusive jurisdiction and legal venue for said action and these terms and conditions shall be construed according to the laws of the State of Wyoming.
Changes in Terms: Periodic amendments to these terms and conditions will be issued as warranted; any significant amendments will be sent to you. You always have the right to cancel your service at any time, and you may do so if you do not accept changed terms or conditions. If you do cancel, you will be subject to early termination fees as specified above.
Other Liability Limitations: Silver Star and Affiliates shall not be responsible or liable to you or to any other person or entity for any act or omission of any person or entity other than Silver Star and Affiliates, or due to any cause beyond the control of Silver Star and Affiliates, including but not limited to, acts or omissions of other communications carriers equipment manufacturers, lack of security, government actions or inaction, license restrictions, court orders, equipment failures, modifications, capacity limitations, vandalism, theft, criminal acts, terrorism, war, or accidents. Any liability of Silver Star and Affiliates to you shall be limited to Silver Star and Affiliates itself and shall not entitle you to any legal recourse against any owner, manager, employee, or any person representing Silver Star and Affiliates. Silver Star will be responsible or liable to you only for up to 2 months of your average monthly statement total.