Terms of Service

Your monthly invoices are sent on or around the first of each month. Payment is considered delinquent if not received by the invoice due date. Fractions of a month are prorated and are calculated based on a 30 day month. If your payment will not reach us by the due date, contact Customer Service to discuss payment arrangements.

Delinquent Accounts:

In the case of delinquent payment, you agree to pay all costs of collection including a reasonable attorney’s fee, together with interest at a rate of 1.5% per month on any balance due. Services may be suspended or disconnected if your account is delinquent and payment arrangements have not been made or were made and not kept, you become insolvent or are subject to bankruptcy proceedings, your check is returned for insufficient funds, or you violate any terms of service. A reconnection fee of $30 per account is required to reinstate services.

Disputing Charges:

You may dispute charges within 60 days of receipt, unless otherwise provided by law. You are still responsible for the balance due until the dispute is resolved. You may call us to dispute your bill, but to preserve your right to bring an arbitration or small claims case regarding such dispute, you must contact us in writing, within 60 days using one of the following methods:

Submit a description of the disputed charges in writing to Customer Service, Silver Star Communications, PO Box 226, Freedom, WY 83120 or through the “contact us” form at SilverStar.com.

IF YOU DO NOT NOTIFY US IN WRITING OF SUCH DISPUTE WITHIN THE 60-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.

Returned Checks:

A returned check is considered the same as non-payment and will result in a processing fee of up to $30. If payment is insufficient a second time, cash or credit card will be required.

Taxes and Surcharges:

You are responsible for all applicable federal, state and local taxes, fees and surcharges, including but not limited to excise, sales, use, 911, and operator assisted/information calls. Provide an original Tax Exempt Document to be relieved of taxes (credits will not be issued for any taxes already paid).

Wireless Overages and Roaming:

Overage rates for limited minute plans will incur a $0.35 per minute charge. Roaming minutes will incur a $0.69 per minute charge. Mobile data overages for national smartphone plans will be incurred at $20 per gigabyte. Separate overage and roaming charges of $0.25 per megabyte will be incurred on local broadband data plans and mobile broadband plans.

Wireless Picture and Text 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. Without a texting package subscription, text messages sent or received will be charged $0.10 per message; this fee applies for overages as well.

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 service interruption for less than 16 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 Silver Star’s service is unavailable for an extended period of 16 or more consecutive hours as a result of a service problem and you are subsequently billed for access during this period, you may contact Customer Service before the invoice due date, and once Silver Star verifies the occurrence credits may be issued.

Deposits:

Silver Star may require you to pay a deposit to be held as guarantee of your payment of future charges, unless you have been an existing customer in good standing for one year or you provide 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 months for landline service or 12 months for wireless phone service until continuous good payment history has been achieved with no disconnects for non-pay or non-sufficient fund checks during the period. The deposit will then be refunded as an account credit with interest.

Deposits required:

Voice/Internet: Two months of estimated monthly service total.

Wireless Phone: Deposits may be a flat rate of $200 per line or based on credit score ranging from 0-200.

You may not sell, transfer, lease, relocate, or assign all or part of equipment owned by Silver Star. You shall pay to Silver Star the full manufacturer’s suggested retail price for the replacement of any lost, stolen, unreturned, damaged, sold, transferred, leased, or assigned Silver Star equipment or part thereof, together with any incidental costs incurred by Silver Star relating to the replacement of the equipment. You hereby authorize Silver Star to charge your account or credit card on file for any such charges. Silver Star may, at its option, install new or reconditioned equipment.

Back-up Requirements: The installation, use, inspection, alteration, maintenance, repair or removal of the Silver Star equipment and software may result in service outage or potential damage to your equipment. If you do not back-up all existing computer files by copying them to another storage medium prior to such activities, you understand and accept the associated risks of not making such a backup. In any event, Silver Star shall have no liability whatsoever for any damage to, loss or destruction of your equipment, peripherals, software, or data.

Silver Star Owned Equipment:

Silver Star owned equipment may be provided for your use to obtain Internet. If you move or cancel service and do not return the Silver Star-owned equipment in working condition, a $100 fee will apply. If the Silver Star owned equipment fails, it will be replaced at no cost to you unless the cause was a result of damage to, misuse or failure to protect with a power protection device (including lightning strikes). In this case, a $100 replacement fee will apply. All maintenance and repair of the equipment shall be performed by Silver Star. Wireless Internet customers may require additional equipment depending on location of service.

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 Silver Star’s services. 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.

It is necessary for you to be present for installation of services; please contact us to reschedule the day prior to the appointment or a no show fee of $50 may apply. Installation in rental units or homes requiring new installation or wiring must provide authorization from the owner. Certain term agreements may waive the installation fees listed below. Assistance with customization and installation beyond what is listed below is available at then current hourly rate. Additional terms and installation fees may apply on business service agreements.

Digital Voice: A $35 account activation fee will apply for basic digital voice service. A quote will be provided for multiple lines or phone systems.

 

Internet: Standard activation is $99 and includes configuration and installation of service to one device.

 

Wireless Phone: Activation fees are $35 for the primary line and then $10 for each subsequent line.

 

Multiple Services: Activation for a combination of Internet and Digital Voice and/or Cable TV not to exceed $100.

 

Rates: Then current labor rate by service; contact Customer Service for current rates

Silver Star reserves the right to change service plans, pricing and terms of service. If a change is made increasing your cost, 30 days advance written notice by email or mail will be provided. If you do not agree to a change which increases your cost, you may elect to change your rate plan to any other plan offered by Silver Star. If you cancel under these circumstances, you must give notice of cancellation to Silver Star and you may be subject to early termination fees. Upgrades to services will not incur service fees; other plan changes may incur a $12 service fee.

You may return or exchange retail products and internet and wireless devices purchased from Silver Star with a proof of purchase, original packaging, in like new condition, and with all original package contents, within 14 days of purchase. A restocking fee of $35 applies for mobile devices. Merchandise purchased through a Prepaid Wireless Plan may not be returned. Individual manufacturer warranties apply for purchased merchandise.

Silver Star warranties parts and labor for commercial services a minimum of 90 days. Beyond that timeframe and with the permission of the customer, Silver Star may assist with service/repair details under the manufacturer warranties for parts/equipment.

Silver Star does not guarantee security. If you use your device to access business 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 and Anti-Malware hardware/software.

Silver Star is not responsible for failure to perform any obligation or provide any services hereunder due to any Act of God or natural events, 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 for a variety of reasons, including maintenance activities. Notice will be provided when possible.

Silver Star provides 24/7 complimentary technical support. If issues are not resolved with technical support, an appointment may be scheduled for repair. If it is determined that the problem is other than Silver Star’s network or facilities or equipment, Silver Star’s current hourly technician rate will apply, with a minimum of one hour, pro-rated for each additional half hour. Contact your local office to report problems with your service (you may dial 611 from the location where local phone service is not working).

You may cancel service by notifying us in writing or by phone. Early termination fees may apply, as they pertain to each individual service. Silver Star may cancel your service at any time as a result of non-payment, or breach of any other material provision hereof, subject to any grace periods. In such case, you will still be responsible for payment of all outstanding balances accrued, including equipment and termination fees. Monthly service charges are nonrefundable if service is terminated prior to the end of a billing cycle.

You are responsible for all outstanding charges, including those processed after cancellation (typical with long distance and wireless voice).

In the event commercial services are canceled prior to completion of the agreed term listed in your accepted services quote, an early termination charge will apply in the amount of the monthly charges owed through the remainder of the term, due 30 days after services are terminated.

If you move within the Silver Star service area, new installation charges will apply. If you move out of the area and provide proof of new residency, termination fees may be waived.

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 deposit requirements. Business customers with phone directory advertising will assume existing payments.

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 service 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 the terms of your service 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 is inconsistent with these terms and conditions, then these terms and conditions shall control and take precedence.

Arbitration:

Any dispute or claim arising out of or relating to your contract for service and 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 arbitration as mutually agreed to by the you and us, except that (i.) you may take claims to small claims court if they qualify for hearing by such a court, or (ii.) you or we may choose to pursue claims in court if the claims relate solely to the collection of any debts you owe to us. However, even for those claims that may be taken to court, you and we both waive any claims for punitive damages and any right to pursue claims on a class or representative basis.

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.

Waiver of Punitive Damage Claims and Class Actions:

By this agreement to arbitrate set forth above, both you and we are waiving certain rights to litigate disputes in court. If for any reason the arbitration clause is deemed inapplicable or invalid, you and we 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 service in the event that we fail to perform or observe conditions under these Terms of Service within 30 days after receiving written notice of the default. If with diligence and in good faith, repairs cannot be made in 30 days, Silver Star have reasonable additional time, not to exceed 90 days, to make amends. If you cancel, suspend or defer any order for services hereunder after we have begun efforts to repair service, you shall pay all related fees and costs reasonably incurred for the initial term of service.

Attorney Fees:

You agree to pay any reasonable attorney fees and legal expenses incurred by Silver Star as a result of your failure to comply with these Terms of Service . In the event of legal action arising out of or related, hereto 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 of Service and any related service shall be construed according to the laws of the State of Wyoming. These Terms of Service supersede any previous agreements, verbal or written.

Other Liability Limitations:

Silver Star 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, or due to any cause beyond the control of Silver Star, 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 to you shall be limited to Silver Star and shall not entitle you to any legal recourse against any owner, manager, employee, or any person representing Silver Star. We will be responsible or liable to you only for up to two months of your average rate plan cost.

You agree to pay monthly local service in advance and toll charges in arrears. The first billing statement will include local service charges for the upcoming month, pro-rated service charges from the connection date, and connection fees and deposits if applicable. Business lines receive a complimentary 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. Bundled long distance calling minutes are available only for the month of service and do not accumulate over time.

Digital Voice Service

Service Details: Digital Voice service requires an internet connection. Internet service with high latency may degrade or interrupt service of Digital Voice.

Equipment: Digital Voice may require special equipment and software, including battery backup.

E911: THE FEDERAL COMMUNICATIONS COMMISSION (“FCC”) REQUIRES THAT SILVER STAR PROVIDE E911 SERVICE TO ALL CUSTOMERS WHO USE SILVER STAR’S SERVICES WITHIN THE UNITED STATES. CUSTOMER ACKNOWLEDGES THAT SILVER STAR’S DIGITAL VOICE EQUIPMENT AND SERVICES DO NOT SUPPORT 911 EMERGENCY DIALING OR OTHER EMERGENCY FUNCTIONS IN THE SAME WAY AS TRADITIONAL WIRELINE 911 SERVICES. BY USING THIS SERVICE, CUSTOMER AFFIRMATIVELY ACKNOWLEDGES THAT SILVER STAR HAS ADVISED CUSTOMER OF THE CIRCUMSTANCES UNDER WHICH E911 SERVICE MAY NOT BE AVAILABLE OR MAY BE LIMITED. CUSTOMER ACKNOWLEDGES THAT THE SERVICES WILL NOT FUNCTION IN THE ABSENCE OF ELECTRICAL POWER. CUSTOMER ACKNOWLEDGES THAT THE SERVICES WILL NOT FUNCTION PROPERLY IF THERE IS AN INTERRUPTION OR A LACK OF BANDWIDTH OF CUSTOMER’S BROADBAND INTERNET ACCESS SERVICE. E911 SERVICE IS NOT OFFERED ON INTERNATIONAL NUMBERS, TOLL FREE NUMBERS OR SIMILAR SERVICE ACCESSORIES OR ADD-ON PLANS.

**AFTER INITIAL ACTIVATION OF THE E911 SERVICE, AND FOLLOWING ANY CHANGE OF AND UPDATE TO CUSTOMER’S PHYSICAL LOCATION, THERE MAY BE SOME DELAY BEFORE THE AUTOMATIC NUMBER AND LOCATION INFORMATION IS PASSED TO THE LOCAL EMERGENCY SERVICE OPERATOR. THIS INFORMATION IS TYPICALLY POPULATED INTO THE E911 DATABASES PRIOR TO SERVICE ACTIVATION, BUT NO GUARANTEE CAN BE MADE THAT THE AUTOMATIC NUMBER AND LOCATION INFORMATION WILL BE ACTIVATED WITHIN ANY PARTICULAR TIMEFRAME.

CUSTOMER ACKNOWLEDGES AND UNDERSTANDS THAT SILVER STAR WILL NOT BE LIABLE FOR ANY SERVICE OUTAGE AND/OR INABILITY TO DIAL 911 OR ANY OTHER EMERGENCY TELEPHONE NUMBER USING SILVER STAR OR TO ACCESS AN EMERGENCY SERVICE OPERATOR DUE TO THE 911 DIALING CHARACTERISTICS AND LIMITATIONS SET FORTH HEREIN. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS SILVER STAR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS AND ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO CUSTOMER IN CONNECTION WITH THE SERVICES, FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY FEES) BY, OR ON BEHALF OF, CUSTOMER OR ANY THIRD PARTY OR USER OF THE SERVICE RELATING TO THE FAILURE OR OUTAGE OF THE SERVICE, INCLUDING THOSE RELATED TO 911 DIALING

Fraudulent Calls:

In the event Customer connects the Services to the public switched network, Customer is solely responsible for selection, implementation and maintenance of security features for protection against unauthorized calling, and Silver Star shall have no liability thereof. Customer is solely responsible for payment of long distance, toll and other telecommunications charges incurred through use of the Services being provided hereunder. Customer shall indemnify and hold Silver Star harmless from all costs, expenses, claims or actions arising from fraudulent calls of any nature carried by means of the Services. Customer shall not be excused from paying Silver Star for Services provided to Customer or any portion thereof on the basis that fraudulent calls comprised a corresponding portion of the Services. In the event Silver Star discovers fraudulent calls being made, nothing contained herein shall prohibit Silver Star from taking immediate action, without notice to Customer that is reasonably necessary to prevent such calls from taking place. Notwithstanding, it is understood that Silver Star is under no obligation to investigate the authenticity of calls charged to Customer’s account and shall not be liable for any fraudulent calls processed by Silver Star and billed to Customer’s account.

Silver Star provides high-speed Internet via wired and wireless technologies. Plans range between 10 Mb and 1 Gb in speed and $24.99 to $599.99 in cost, per month. Connection speeds refer to the speed between your location and Silver Star. Actual speeds may fluctuate due to Internet congestion, server or router speeds, and other factors, which cannot be controlled by Silver Star. Silver Star guarantees a “best-effort” level of service.

Wiring for DSL Service

DSL service requires a working phone line in the location. For homes with existing service that need new wiring for connectivity, Silver Star will provide inside wiring to one connection at no cost at the time of installation, and additional inside wiring services at the current technician hourly rate. For homes without previous landline service, aid to construction is available with a Permanent Contract for Construction.

Bandwidth Management

Silver Star’s standard Internet plans delivered by DSL, Cable Modem, Fixed Wireless and Fiber to the Premise are designed for typical use by average residential and small business users. Computer activity resulting in excessive or sustained bandwidth consumption may burden Silver Star’s network harming other user experiences and such usage may be restricted. Extraordinary use may be indicated by sustained high usage during the day and evening, exceeding the daily threshold outlined below, consumption of data greater than 95% of other customers, or numerous simultaneous connections.

Network Management

Silver Star’s network is a shared resource among subscribers and in order to keep prices reasonable for the majority of our customers, Silver Star reserves the right to monitor use, implement a specialized plan, and/or restrict the data throughput speeds for the top 5% of users on a standard internet plan consuming extraordinary bandwidth. Silver Star’s standard Internet plans are designed for typical Internet use. Those using extraordinary amounts of bandwidth or needing a higher service level are eligible for our specialized plans. Our network management practices are structured to provide high quality, consistent, reliable service to the majority of our customer base.

It is your responsibility to ensure that your Internet activities do not inhibit, disrupt, degrade or impede Silver Star’s ability to deliver and monitor services over Silver Star’s backbone, network nodes, and/or other network services.

Extraordinary Use

Silver Star considers extraordinary use any bandwidth or data consumption that is significantly higher than the majority of Silver Star customers’ typical usage and/or the national consumer average consumption for which Silver Star’s network is designed.

How does Silver Star evaluate usage?

Silver Star uses network analysis tools to manage its network. These tools and techniques are dynamic, like the network and its usage, and can and do change frequently. For example, these network management activities may include (i.) identifying spam and preventing its delivery to customer email accounts, (ii.) detecting malicious Internet traffic and preventing the distribution of viruses or other harmful code or content, (iii.) limiting speeds during periods of extended congestion, (iv.) requiring an upgrade or purchase of a different data plan, and (v.) using other tools or techniques that Silver Star may be required to implement in order to meet its goal of delivering the best broadband Internet experience to all its customers.

Our network analysis includes collecting data on customer traffic patterns, bandwidth consumption, and primary types of use. The network analysis does not invade privacy of our customers.

What services are restricted to Residential/Small Business service users?

Residential/Small Business Service does not provide the type of security, upstream performance, total downstream throughput capability, or class of service typically associated with commercial use. Examples of prohibited uses include, but are not limited to, running servers for mail (pop3 and smtp), http, https, FTP, IRC, DHCP and multi-user interactive forums, broadcasting, traffic requiring sustained throughput, providing network services to others via Silver Star’s service.

How does Silver Star address excessive or uncharacteristic use?

Should Silver Star, in its sole but reasonable discretion, determine that a customer has exceeded the Excessive Use threshold or is using the service in a manner significantly uncharacteristic of a typical user, or appears in the top 5% tier multiple months in a row, Silver Star will work with the customer to (i.) upgrade service; (ii.) adjust, suspend or terminate service; or (iii.) use any technology to be chosen by Silver Star to restrict the user’s service for purposes of protecting Silver Star’s network integrity.

For information on Silver Star’s open network policy, visit Customer Acceptable Use Policy.

The standard initial in-home visit of approximately one hour is included at no additional cost to the customer. Silver Star can provide additional in-home service for additional device connections, wiring or other services billed on an hourly basis. A separate appointment may be required depending on Service Technician availability. Optimal router placement is based on the existing wiring locations in your home. Equipment replacement is available except for damage due to equipment misuse or abuse. While Home Zone is available to support your wireless network, it is not intended as ongoing support for the connection of wireless devices outside of the initial in-home visit. Customers may be invoiced for excessive remote assistance of wireless device connection and troubleshooting at an hourly rate billed in one-half hour increments, at Silver Star’s sole discretion and notification. Wi-Fi speeds and coverage will vary based on the device connecting to the Wi-Fi network, distance from the router, number of devices on the network and “noise” from other electronics on the same frequency. Internet speed tests can be measured accurately only with a hard-wired connection directly from a device to a gateway access point.

Upon activation of your Silver Star device, we will authorize service to you within your rate plan Coverage Area in accordance with these terms of service.

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 acknowledge that you have authority to sign, and if you lack the authority, that you will be personally responsible for all amounts due under the terms of service.

Certain rate plans require 50% of the monthly usage (voice and data) to originate from Silver Star’s local network. Silver Star reserves the right to switch to another rate plan any Silver Star customer with excessive use.  Excessive use is defined as three consecutive months with more than 50% of voice or data use occurring outside of Silver Star’s local network or being in the top 5% of users for three consecutive months.

Availability

Silver Star’s wireless 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.

Billing

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 network 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.

Phone Number Changes: A $35 fee applies for customer initiated phone number changes. Silver Star reserves the right to change each phone number assigned to you on its system.

Porting Numbers: Each line ported to another carrier will be assessed a $25 port charge.

Activation fees: Activation fee is $30 per each wireless device.

Wireless Overages and Roaming: Overage rates for limited minute plans are $0.35 per minute. Mobile data overage rates for national smartphone plans are $20 per gigabyte. Separate overage and roaming charges of $0.25 per megabyte will apply on mobile broadband plans.

Wireless Picture and Text Messaging: On National Minute Plans, without a picture package subscription or data plan, picture messages sent or received will be charged $0.99 per message; without a texting package subscription, text messages sent or received will be charged $0.10 per message.  These per message fees also apply to overages.

Data Service: You are responsible for all data charges, including browsing, downloads, and sent and received email and picture messages. While in a data session, you may be unable to make/receive voice calls. Data use and overage rates depend on the rate plan selected. Service is only available when accessing a tower that is data-enabled.

Rate Plan Limitations: For certain unlimited data plans, we may prioritize your data behind other Silver Star customers during network congestion, once 4G LTE data has reached 22GB/line/month.

For certain limited rate plans, after all your data is used during the billing cycle, you will remain connected but at a reduced speed until the end of the billing cycle or until you buy additional data.

Prepaid Plans – Unlimited US Talk & Text & Unlimited 4G Plans

For prepaid plans with a data cap, once high speed data allowance is used, your data service will cease. To continue data usage you may purchase additional data which is usable through the end of the cycle.

We may prioritize your data behind other customers during times/places of network congestion. Unlimited data applies to the plan device and not to Mobile Hotspot and Tethering. You must have sufficient account balance at time of renewal to cover the Monthly Access to use the service.

Distracted Driving: For your safety and the safety of others, do not use your mobile device while driving a vehicle.

Equipment Protection: The Equipment Protection Plan must be added within 14 days of activation and covers theft, loss or direct physical damage not covered by manufacturer warranty. Replacement models will be of equal or similar functionality, and of equal or lesser value, and may be new or refurbished. No cash reimbursements will be paid. Any device being replaced by this plan will become property of Silver Star. There are a maximum of two replacements in a 12 month period, and the plan must remain in place for six months after each replacement before service can be canceled or a renewal can be offered. You are responsible for monthly service fees while the replacement is being processed and for the loss of or damage to any loaned equipment. If a replacement is deemed fraudulent, you will be charged for the retail price of the replacement. If you cancel service or have service terminated for non-payment within six months of the most recent replacement, you will be responsible for the full retail value of the device, less any payments made toward that device. A replacement equipment fee will apply for each replacement and is available from Customer Service.

Limitations and Prohibited Use: While it is difficult and illegal for unauthorized persons to intercept conversations carried on Silver Star’s network or the wireline 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 Silver Star customer use only and are not for resale. Silver Star reserves the right to limit throughput speed or terminate service for excessive use.

Phone Purchase Plan

You agree to pay monthly installments for 24 months at 0% interest under the phone purchase plan. The phone becomes your property once all payments have been made. If your phone malfunctions in the first 12 months, it will be sent to the manufacturer for repair, under the manufacturer’s one year warranty (as applicable). If your phone malfunctions after 12 months or has damage that is not covered by the manufacturer, you will be responsible for the remaining balance due on the phone before a new phone purchase plan may be started. Non-payment of the phone after 60 days will result in suspension of service. Subsequently, service will be reinstated only after the phone is paid in full, and a service reactivation fee may apply.

Picture Messaging: Smartphone users do not need a picture messaging plan; picture messages apply to data package. On certain rate plans, 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.

Text Messaging: 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, the memory is full or you are outside the service area, the network will store and resend 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 email address. Any incoming messages over 160 characters will be split into multiple messages or may be converted to an MMS and subject to data charges. Any characters over the maximum will be split into multiple messages or received as a MMS which may incur data charges. 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.

Taxes & Fees: All services are taxable and may be subject to applicable regulatory fees.