Terms of Service
Last Revised December 22, 2016
Effective Date July 5, 2014
Introduction These Terms of Service apply to the ROK Mobile Service and your use of the ROK Mobile Service and of our Website subject to your service plan.
In these Terms of Service the following words will have the following meanings unless the context otherwise requires:
Account: means your account with us for the ROK Mobile Service;
Added Value Service: means any service other than the ROK Mobile Core Service that is made available as part of the ROK Mobile Service from time to time Added Value Service Provider: means any third party that provides an Added Value Service
Affiliates: means ROK Mobile’s ultimate holding company and the subsidiaries of ROK Mobile’s ultimate holding company
Authorized Device: means a Device approved by us that has either been purchased from us or activated by us as part of the BYOD Program
BYOD Program: means the Bring Your Own Device Program enabling our customers to activate certain models of used Authorized Devices that are subject to the BYOD Guidelines set out on the Website
Content: means any content or materials available to customers via the ROK Mobile Service or the Website including but not limited to any text, graphics, audio, visual (including still visual images) and audio-visual material, software, applications, data, database content or other multimedia content, information and material, including the metadata relating to the above
Device: means a cellular phone, SIM, data card, data modem, tablet or other computing or data equipment
Music Content: means Content provided as part of the Music Service
ROK Mobile Core Service: means the Voice Service, Music Service, Text Service and Data Service
ROK Mobile Service: means the ROK Mobile Core Service and Added Value Services
ROK Mobile, we, us and our: means ROK Mobile Inc. a Delaware corporation whose principal office is at 8500 Steller Drive, Suite 3 Culver City, CA 90232
Data Service: a service offered by us that permits customers to send and receive data subject to these Terms of Service Music Service: means a service offered by us which permits customers to access Music Content as a stream or as a cached copy subject to these Terms of Service
Text Service: means a service offered by us that permits customers to send and receive text messages subject to these Terms of Service
Voice Service: means a service offered by us that permits customers to send and receive voice calls subject to these Terms of Service
Website: means our website at www.ROKMobile.com you, your: means an individual who uses the ROK Mobile Service or our Website (Including any subscriber, free trial user, or purchaser of any ROK Mobile service requiring payment of a fee)
Please read these Terms of Service carefully.
BY USING THE ROK MOBILE SERVICE OR THE WEBSITE YOU WILL BE DEEMED TO HAVE ACCEPTED THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE DO NOT USE THE ROK MOBILE SERVICE.
We may make changes to these Terms of Service from time to time and will post updated Terms of Service incorporating the changes to the Website. Your continued use of the ROK Mobile Service after the date on which the updated Terms of Service are posted to the Website will constitute your acceptance of the changes. Please check our Website regularly to ensure that you are aware of changes to the Terms of Service.
YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD OR, THAT IF YOU ARE UNDER 18 YOU HAVE BEEN GIVEN PERMISSION BY A PARENT OR GUARDIAN TO USE THE ROK MOBILE SERVICE AND YOUR PARENT OR GUARDIAN AGREES TO THESE TERMS OF SERVICE.
ROK Mobile Service
We provide the ROK Mobile Core Service using the wireless network for use exclusively with Authorized Devices by individuals. We cannot guarantee that an Authorized Device that has not been provided by us or an Authorized Device that has been modified by you, will be compatible with the wireless network, will comply with applicable Federal Communications Commission or other legal requirements, or that you will be able to access and use all or any parts of the ROK Mobile Service. If you alter or modify your Authorized Device in a way not authorized or recommended by the manufacturer, you may lose functionality, and you may be required to purchase a new Authorized Device in order to restore the ROK Mobile Service.
▪ Voice Service.
UNLIMITED DOES NOT MEAN UNREASONABLE USE. The Voice Service is provided solely for personal, non-commercial use. The Voice Service is provided solely for live dialog between two individuals and cannot be used for hosting conference calls, 3-way calling, call forwarding, monitoring services, data transmissions, transmission of broadcasts, transmission of recorded material, or other connections that do not consist of uninterrupted live dialog between two individuals. If ROK Mobile finds that you are using the Voice Service for anything other than live dialog between two individuals, ROK Mobile may at its option terminate your ROK Mobile Service or change your service plan (in which case these Terms of Service shall continue to apply to your use of the ROK Mobile Service). ROK Mobile reserves the right to cancel or deactivate the ROK Mobile Service without notice, in order to protect the wireless network from harm due to any cause including, without limitation, the excessive and/or improper use of the Voice Service. We also reserve the right to deny or terminate the ROK Mobile Service, without notice, if we believe you are using or have used the Voice Service in any manner prohibited by these Terms of Service or if your usage, in ROK Mobile’s sole discretion, adversely impacts the wireless network or customer service levels. ROK Mobile will presume you are engaging in a prohibited use of the Voice Service in violation of these Terms of Service if in ROK Mobile’s sole opinion, you are placing an abnormally high number of calls, or repeatedly placing calls of unusually long duration, or if your voice usage is harmful or disruptive to the wireless network or the ROK Mobile Service. If we determine, at our sole discretion, that you are using the Voice Service in violation of these Terms of Service, or in any other manner that we deem to be unreasonable or excessive, then we may terminate individual calls, decline to renew the ROK Mobile Service, and/or offer you a different service plan (in which case these Terms of Service shall continue to apply to your use of the ROK Mobile Service and each component subject to any changes specified to your service plan). Notwithstanding the foregoing, ROK Mobile reserves the right to deny access to the ROK Mobile Service or deactivate or cancel your existing ROK Mobile Service for any reason at any time, in ROK Mobile’s sole discretion.
▪ Text Service.
UNLIMITED DOES NOT MEAN UNREASONABLE USE. The Text Service is provided solely for personal, non-commercial use. The Text Service is provided solely for live messaging purposes between two individuals. The Text Service cannot be used for Premium SMS which utilizes short codes, SMS chat programs, monitoring services, data transmissions, or other connections that do not consist of uninterrupted live messaging purposes between two individuals. If ROK Mobile finds that you are using the Text Service for anything other than live messaging purposes between two individuals, ROK Mobile may at its option terminate the ROK Mobile Service or change your service plan (in which case these Terms of Service shall continue to apply to your use of the ROK Mobile Service.) Text messages are limited to 160 characters per message. Premium text messages are NOT permitted under the Text Service. ROK Mobile may support international text messaging based on your plan. Additional charges will apply for international text messaging. ROK Mobile does not guarantee delivery of text messages and reserves the right to change the Text Service as needed without notification. Text messages, including downloaded content, not delivered within 7 days will be deleted. ROK Mobile reserves the right to change this delivery period as needed without notification. You are charged for each part of messages that are delivered to you in multiple parts. When a single message is sent to multiple recipients, the sender is charged for one message for each recipient and each recipient is charged for the message received. ROK Mobile reserves the right to deny or terminate access to the ROK Mobile Service or part thereof without notice to anyone ROK Mobile believes is using the Text Service in any manner prohibited by the Terms of Service or whose usage, in ROK Mobile’s sole discretion, adversely impacts the wireless network or customer service levels. ROK Mobile will presume you are engaging in a prohibited use of the Text Service in violation of these Terms of Service if in ROK Mobile’s sole opinion, you send an abnormally high number of text messages, or if your text usage is harmful or disruptive to the wireless network or ROK Mobile Service. If we determine, at our sole discretion, that you are using the ROK Mobile Service in violation of the Terms of Service, or in any other manner that we deem to be unreasonable or excessive, then we may terminate and/or block individual messages, decline to renew the ROK Mobile Service, and/or offer you a different service plan (in which case these Terms of Service shall continue to apply to your use of the ROK Mobile Service.) Notwithstanding the foregoing, ROK Mobile reserves the right to deny access to the ROK Mobile Service or deactivate or cancel your existing ROK Mobile Service for any reason at any time, in ROK Mobile’s sole discretion.
▪ Data Service.
ROK Mobile service includes a fixed amount of high speed data each month as set forth in each plan description. After the high speed data threshold is reached, your data speed will be reduced for the remainder of the month. Other limitations, terms and condition of service apply. ROK Mobile reserves the right to terminate service for unauthorized or unreasonable usage. Reduced data speeds will still support playback of music. The Data Service is provided solely for personal, non-commercial use. The Data Service is provided solely for personal, non-commercial use. The Data Service is provided solely for access to the Internet for purposes of web browsing, messaging, and similar data activities as the applications and capabilities of your Authorized Device permit. To ensure that all customers have access to reliable services provided at a reasonable cost, you may not use the Data Service in a manner that interferes with any other ROK Mobile customer’s use of the ROK Mobile Service or that disproportionately impacts the wireless network or ROK Mobile resources. ROK Mobile reserves the right, without notice or limitation, to place you on a different service plan (in which case these Terms of Service shall continue to apply to your use of the ROK Mobile Service.) to limit data throughput speeds or quantities, or to deny, terminate, end, modify, disconnect or suspend your ROK Mobile Service, or decline to renew your ROK Mobile Service, if you engage in any of the prohibited uses detailed in these Terms of Service or if ROK Mobile, in its sole discretion, determines that action is necessary to protect the ROK Mobile Service or ROK Mobile resources from harm or degradation, or that your usage disproportionately impacts the wireless network or ROK Mobile resources. You may not use the Data Service:
(1) with server devices or host computer applications or other systems that drive continuous heavy traffic or data sessions, including, but not limited to, disproportionate web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections, peer-to-peer (P2P) file-sharing applications broadcast to multiple servers or recipients such that they could enable “bots” or similar routines; (2) as a substitute or backup for private lines or frame relay connections; (3) to send or receive unusually high numbers of messages; (4) to engage in atypical web usage behaviors; (5) for any activity that adversely affects the ability of other people or systems to use either the ROK Mobile Service or other parties’ Internet-based resources; and (6) for any other reason that, in our sole discretion, harms the wireless network or disproportionately impacts the wireless network or ROK Mobile resources.
▪ Music Service
The following provisions in this Section apply to the Music Service. By using the Music Service you agree: (i) that we may remove any Content, or part thereof, from the Music Service at any time without notice to you; (ii) not to infringe the copyright, any moral rights (as defined in applicable legislation in the United States of America) or any other intellectual property rights that subsist in respect of the Content; (iii) that access to the Music Service is not guaranteed and may be subject to interruptions; (iv) that we make no warranties, express or implied in relation to the Music Service and, to the fullest extent possible under applicable law, hereby expressly disclaim any warranties, terms and conditions, express, implied or statutory with respect thereto, including without limitation, warranties or conditions of satisfactory quality, fitness for a particular purpose, as to the use of reasonable skill and care and non-infringement, and their equivalents under the laws of any jurisdiction; (v) that the Music Content is provided “as is” and we do not represent that the Music Content is free of inaccuracies, errors, defects or bugs or that the Music Content has been tested for such in any way; (vi) that the Music Content, whether posted publicly or transmitted privately, is the sole responsibility of the person from whom such Music Content originated. We do not control or endorse the Music Content and cannot guarantee the accuracy, integrity or quality of such Music Content and you acknowledge that by using the Music Service you may be exposed to Music Content that is offensive and/or indecent. We will not be liable in any way for any Music Content or for any loss or damage of any kind resulting from the use of any Music Content transmitted via the Music Service and you agree to bear all risks associated with the use of any Music Content, including any reliance on the accuracy or completeness of such Music Content; (vii) that most Music Content made available is DRM-free however, you understand that some of the Music Content includes a security framework using technology that protects digital information and limits your usage of the Music Content to certain usage rules established by us and our licensors (“Usage Rules”. You agree to comply with such Usage Rules, as further outlined below, and you agree not to violate or attempt to violate any security components. You agree not to attempt to, or assist another person to, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components related to such Usage Rules for any reason whatsoever; (viii) that you may not attempt (or support others’ attempts) to capture, copy, or download a Preview. A “Preview” is a portion of a song or video, or in some cases, an entire song or video that you can play (and, if applicable, view) directly from and while you are logged on to the Music Service on a promotional basis at no cost to you. You may play as many Previews as you like; (ix) that we have no obligation to monitor the Music Service but shall be entitled to review materials posted to a communications facility and, at our sole discretion, to remove any material that breaches these terms and conditions or is otherwise objectionable; and (x) that we shall have no liability or responsibility to you for any Music Content that may be available to you on the ROK Mobile Service that you might find offensive, indecent, or objectionable. Some music recorded after 1985 may be subject to the Recording Industry Association of America (“RIAA”) ‘Parental Advisory Label’ (as defined on the RIAA website). If ROK Mobile has been informed that an album carries the ‘Parental Advisory Label’ (or similar designation) and is available on the ROK Mobile Service, it will be labeled with an ˜E” emblem (denoting “explicit”). The RIAA assigns its Parental Advisory Label to an entire album and not to the individual songs on the album; however, all the individual songs from such labeled albums will also be labeled with an ˜E” emblem on the ROK Mobile Service. Although ROK Mobile strives to include the ˜E” emblem with all such material, ROK Mobile shall have no liability or responsibility for the inadvertent omission thereof.
Usage Rules for the Music Service
▪ You are authorized to use the Music Content only for personal, non- commercial use, and not for
redistribution, transfer, assignment or sublicense, to the extent permitted by law.
▪ You may not use Music Content as a musical “ringer” in connection with mobile phone calls.
▪ You agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of the Music Service or used to administer the Usage Rules, or interfere with, remove or alter any rights management information on the Music Content.
▪ The delivery of Music Content does not transfer to you any commercial or promotional use rights in same.
▪ Music Content in the MP3 or AAC format does not contain security technology that limits your usage of such Music Content and you may use them as reasonably necessary for personal, non- commercial use.
▪ You agree that by accessing Music Content this constitutes your acceptance of and agreement to use such Music Content solely in accordance with the Usage Rules, and that any other use of the Music Content may constitute a copyright infringement. Any security technology, if applicable, is an inseparable part of the Music Content. The Usage Rules shall govern your rights with respect to the Music Content. We reserve the right to modify the Usage Rules at any time.
▪ You agree not to use the Music Service:
▪ to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;
▪ to post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
▪ to post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;
▪ to threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
▪ to use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;
▪ to make available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation of the computer or property of another;
▪ to collect or store personal information about others, including email addresses, log-in details or other credentials;
▪ to advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages;
▪ to impersonate any person or entity for the purpose of misleading others;
▪ to violate any applicable laws or regulations;
▪ in any manner that could damage, disable, overburden or impair the Music Service or interfere with any other party’s use and enjoyment of the Music Service;
▪ to post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);
▪ to attempt to gain unauthorized access to the Music Service, other accounts, computer systems or networks connected to the Music Service through hacking, password mining or any other means.
Added Value Services
The Added Value Services are made available to you as part of the ROK Mobile Service. The Added Value Services are provided by the Added Value Service Providers. We may at any time change, amend, withdraw, replace, update or add to any of the Added Value Services or any of the Added Value Service Providers at our sole discretion. We will post updated Terms of Service incorporating the changes to the Website and we will use reasonable efforts to keep you up to date with any change, amendment, update or addition to, or withdrawal or replacement of, any of the Added Value Services.
We are not responsible for providing any of the Added Value Services to you. We will have no liability to you for any claim relating to any Added Value Service or the provision or failure to provide any Added Value Service.
Although, they may change from time to time, the current Added Value Services comprise of:
Service A telemedicine system that permits the delivery of personalized medical services by telephone and over the internet (the “MeMD Branded Product”).
Added Value Service Provider MeMD, Inc.
Your use of the MeMD Branded Product is subject to you complying with the Added Value Service Provider’s Term and Conditions at https://www.memd.me/terms-conditions/
Service Roadside Assistance
Added Value Service Provider Roadside Protect, Inc.
Your use of the Roadside Assistance service is subject to you complying with the Added Value Service Provider’s Term and Conditions at http://www.roadsideprotect.com/home/terms-of-service-for-roadsideprotect- com/
Service Family Legal Services
Added Value Service Provider Legal Club of America
Your use of the Family Legal services product is subject to you complying with the Added Value Service Provider’s Term and Conditions at http://www.legalclub.com/privacy_policy.asp Service Identity Theft Restoration with up to $1 Million of insurance coverage
Added Value Service Provider AIG administered by Legal Club of America Your use of the Identity Theft Restoration service is subject to you complying with the Added Value Service Provider’s Term and Conditions at http://www.legalclub.com/privacy_policy.asp Service Accidental Death Insurance of $100,000
Added Value Service Provider Federal Insurance Company, a Chubb Company
Your use of the Accidental Death Insurance, a CHUBB Branded Product, is subject to you complying with the Added Value Service Provider’s Term and Conditions at https://www.chubb.com/us-en/terms-of-use.aspx
Service Final Expense Insurance up to $20,000 towards burial and cremation and other miscellaneous funeral costs and expenses.
Added Value Service Provider Federal Insurance Company, a Chubb Company
Your use of the Final Expense Insurance, a CHUBB Branded Product, is subject to you complying with the Added Value Service Provider’s Term and Conditions at https://www2.chubb.com/us-en/terms-of-use.aspx
Service MSC ScriptSave® Prescription Drug Saving Program (“ScriptSave® Program”)
Added Value Service Provider Medical Security Card Company, LLC
Your use of the ScriptSave® Program is subject to you complying with the ScriptSave® and/or Well RX Branded Program Terms and Conditions at https://www.scriptsave.com/Terms
Service International long distance telecommunications service (“ILD Service”)
Added Value Service Provider NetworkIP, LLC dba Elite Telecom
Your use of the ILD Service is subject to you complying with the Added Value Service Provider’s Terms prior to using the ILD Service.
▪ Restricted Usage.
WITHOUT LIMITING ANY PROVISION IN THESE TERMS OF SERVICE, THE WEBSITE AND THE ROK MOBILE SERVICE ARE MADE AVAILABLE “AS IS” AND ON AN “AS AVAILABLE” BASIS AND ROK MOBILE MAKES NO AND HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES, AND REPRESENTATIONS (COLLECTIVELY, “WARRANTIES”) WITH RESPECT TO THE WEBSITE OR THE ROK MOBILE SERVICE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUALITY, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. ROK MOBILE MAKES NO REPRESENTATIONS OR GUARANTEES THAT THE ROK MOBILE SERVICE (OR ANY PART THEREOF) OR WEBSITE WILL BE FREE FROM
LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND ROK MOBILE DISCLAIMS ANY LIABILITY RELATING THERETO. ROK MOBILE MAKES NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES THAT USE OR RESULTS OF THE USE OF THE ROK MOBILE SERVICE OR WEBSITE WILL BE ACCURATE, TIMELY, RELIABLE, UNINTERRUPTED, OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, ROK MOBILE MAY MODIFY, SUSPEND, OR DISCONTINUE ANY PART OR ALL OF THE ROK MOBILE SERVICE OR THE WEBSITE OR YOUR USE OF EITHER OR BOTH. IN SUCH EVENT, ROK MOBILE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY. YOU UNDERSTAND THAT YOU MAY ENCOUNTER OFFENSIVE, INDECENT, OR OTHER OBJECTIONABLE CONTENT WHEN USING THE ROK MOBILE SERVICE. ROK MOBILE WILL HAVE NO LIABILITY TO YOU FOR ANY SUCH CONTENT. SOME OF THE CONTENT, PRODUCTS, AND SERVICES AVAILABLE THROUGH THE ROK MOBILE SERVICE MAY INCLUDE MATERIALS THAT BELONG TO THIRD PARTIES. YOU ACKNOWLEDGE THAT ROK MOBILE ASSUMES NO RESPONSIBILITY FOR SUCH CONTENT, PRODUCTS, OR SERVICES. CERTAIN STATE LAWS DO NOT ALLOW DISCLAIMERS OF OR LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Trademarks and licenses The ROK Mobile name and logo are registered trademarks of ROK Mobile, Inc.