TERMS OF SERVICE
Last Revised March 10, 2016
Effective Date July 5, 2014
Account: means your account with us for the ROK Mobile Service;
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 Sprint-branded 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 Unlimited Music Service
ROK Mobile Service: means the telecommunications service offered by us comprising the Unlimited Voice Service, Unlimited Music Service, Unlimited Text Service and Unlimited Data Service
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
Unlimited Data* Service: a service offered by us that permits customers to send and receive data subject to these Terms of Service
Unlimited 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
Unlimited Text Service: means a service offered by us that permits customers to send and receive text messages subject to these Terms of Service
Unlimited 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 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.
- Unlimited Voice Service. UNLIMITED DOES NOT MEAN UNREASONABLE USE. The Unlimited Voice Service is provided solely for personal, non-commercial use. The Unlimited 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 Unlimited 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 to one with no unlimited usage components (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 and as though the word Unlimitedâbeen deleted in these Terms of 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 Unlimited 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 Unlimited 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 Unlimited 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 Unlimited 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 with no unlimited usage component (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 and as though the word “Unlimited” had been deleted in these Terms of 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.
- Unlimited Text Service. UNLIMITED DOES NOT MEAN UNREASONABLE USE. The Unlimited Text Service is provided solely for personal, non-commercial use. The Unlimited Text Service is provided solely for live messaging purposes between two individuals. The Unlimited 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 Unlimited 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 to one with no unlimited usage components (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 and as though the word “Unlimited” had been deleted in these Terms of Service). Text messages are limited to 160 characters per message. Premium text messages are NOT permitted under the Unlimited Text Service. ROK Mobile currently supports international text messaging, but not as part of the Unlimited Text Service. Additional charges will apply for international text messaging. ROK Mobile does not guarantee delivery of text messages and reserves the right to change the Unlimited 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 Unlimited 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 the Unlimited 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 with no unlimited usage component (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 and as though the word “Unlimited” had been deleted in these Terms of 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.
- Unlimited Data Service. UNLIMITED DOES NOT MEAN UNREASONABLE USE. 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 billing cycle. Other limitations, terms and condition of service apply. ROK Mobile reserves the right to terminate service for unauthorized or unreasonable usage. Subscribers with accounts in good standing will always have access to the Unlimited Music Service. The Unlimited Data Service is provided solely for personal, non-commercial use. The Unlimited 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 Unlimited 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 with no unlimited usage components (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 and as though the word “Unlimited” had been deleted in these Terms of 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 Unlimited 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 behaviours; (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.
- Unlimited Music Service
The following provisions in this Section D apply to the Unlimited Music Service. By using the Unlimited Music Service you agree:
(i) that we may remove any Content, or part thereof, from the Unlimited 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 Unlimited Music Service is not guaranteed and may be subject to interruptions;
(iv) that we make no warranties, express or implied in relation to the Unlimited 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 Unlimited 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 Unlimited 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 Unlimited 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 Unlimited 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 Labelto 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.
- You are authorised 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 Unlimited 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 Unlimited 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 Unlimited Music Service or interfere with any other party’s use and enjoyment of the Unlimited 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 unauthorised access to the Unlimited Music Service, other accounts, computer systems or networks connected to the Unlimited Music Service through hacking, password mining or any other means.
- Restricted Usage The ROK Mobile Service may ONLY be used for the following purposes: (i) person to person voice calls (ii) text and picture messaging; (iii) Internet browsing through the ROK Mobile web service; and (iv) Streaming Music Content, in each case in accordance with these Terms of Service. The ROK Mobile Service MAY NOT be used for any other purpose. Examples of prohibited uses include, without limitation, the following: (i) continuous mobile to mobile or mobile to landline voice calls; (ii) automated text or picture messaging to another mobile device or e-mail address; (iii) server devices or host computer applications, including, but not limited to, Web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections or peer-to-peer (P2P) file sharing; or (iv) as a substitute or backup for private lines or dedicated data connections. This means, by way of example only, that checking email, surfing the Internet, downloading legally acquired songs, and/or visiting corporate intranets is permitted, but downloading movies using P2P file sharing services and/or redirecting television signals for viewing on laptops is prohibited. If you engage in any prohibited use we may terminate the ROK Mobile Service.