Terms Of Service

These are your terms of service for any service of Ting (“we”, “us”, “the company”, “Ting”) that you use including, without limitation, mobile services and Internet services. We wrote them in “plain English” so that you (“you”) could read them more easily. You should read this document - it is important - it outlines how you can use Ting, your rights, our rights, our responsibilities to you and yours to us.

The short version is this: We don’t take advantage of people. We ask in return that they not take advantage of us. That’s the thing we’ll shake on if we get a chance to meet in person. Unfortunately a mutual understanding like that can’t be made legally binding without a document like this one.

We’ve tried to keep the legalese to a minimum, but in certain places it is unavoidable and is the most unambiguous and understandable way to get a particular point across.

Introduction

By purchasing, installing, or activating a Ting product or service, you agree to be bound by these Terms Of Service. Also, you agree that if you allow others to access or use our products or services, you will be responsible for all activity on the services, whether such activity is undertaken by you or someone else.

You represent that you are 18 years of age or older.

We may update or amend this document from time to time. Typically, we’d do so when we add new services or when clarification of these terms is required. We may notify you of changes to these terms of service as a courtesy, though we’re not obliged to do so under these terms.

Your Ting Account

Ting Website

At ting.com we offer tools to manage your account and your devices, make payments, buy and bring devices and so on. We also have words and videos for you to read and view and other things on our site too. Everything on the Ting site is subject to these Terms Of Service.

Payments

We collect payment automatically on your billing date using the payment method we have on file for you. For most people, this is all you need to know on this subject. For the outliers, there’s more.

We reserve the right to bill for usage at any point in the billing cycle. This is something we would do in the unlikely event that the usage of your account was cause for concern on our part. If we were to bill before the close of a billing cycle, we would make an effort to notify you in advance of doing so.

If payment fails, we reserve the right to suspend or terminate service entirely.

Payments are due on the billing date associated with your account. The billing date cannot be changed and your account will be considered past due if we are unable to collect the full balance of your monthly charges on the billing date. We do not put billing on hold for any period of time to permit you to make payments at a later date. If you do not make full payment of your outstanding balance by your billing date, services may be suspended or stopped permanently.

Declined Payments and Chargebacks

If we try to collect payment and cannot do so, we reserve the right to suspend or terminate access, your account, cancel delivery of a device in transit or take any remedial steps we deem necessary. In the case of a credit card chargeback, your account will be deactivated and you’ll owe us the outstanding balance plus any associated charge back fees which may have been levied by the banks or credit card providers. If you reactivate your account, you will be required to pay a fee for prior chargebacks and any outstanding balance on your account.

If you owe us a bunch of money or have had your account suspended multiple times, we may, without limiting any of our other rights, ask for payment up front, make other appropriate billing arrangements or stop providing you with service.

Taxes and Surcharges

“We don’t charge tax, we collect it.”

Taxes, regulatory fees, E911 fees and so on are not included in Ting rates. These charges are calculated and charged at the end of the billing cycle and are clearly outlined on your bill. They are subject to change without notice and may vary by city, municipality, state, region and country.

Refer A Friend Program

We love it when people refer friends to Ting and we try to make it easy to do.

The Refer A Friend program is our way of thanking customers for introducing friends and family to Ting. By using an existing Ting customer’s referral URL, new customers get a reward and the person making the introduction also gets a reward.

The spirit of the program is one-to-one referral. Buying Ting-branded keywords, spamming coupon sites, employing SEO tactics, selling a referral URL and so on are smart ideas but are not consistent with the spirit of the program. These things and others like them will be considered abuse. For this reason we reserve the right to cancel a referral code or codes at any time. We also reserve the right to rescind credits that were previously issued if we determine that the program has been abused.

Our Refer a Friend and Marketing rewards carry no cash value and are completely non-refundable.

Refunds on Services, Taxes and Fees

Monthly service charges, taxes and fees are non-refundable.

Disputed Charges

If you spot an error in any charge on your account, please let us know right away so we can apologize and make it right in the form of a refund, a credit or some other form of compensation. Right away means within 30 days of the charge appearing.

If we issue a credit, refund or some other form of compensation and you accept, we’ll consider the matter closed (that is to say, “fully and finally resolved”). You’ll waive any claim for arbitration or litigation.

Contacting Support

When you call Ting Support, we will likely record and archive the conversation. If you don’t agree to this, please contact Ting Support through our online chat, email or other means as may be available at help.ting.com

Suspension or Termination of Service

WE RESERVE THE RIGHT TO ISSUE A WARNING OR TO SUSPEND OR TERMINATE YOUR SERVICE AND ACCESS TO THE TING.COM WEBSITE, APP OR ANY OTHER WEBSITE WE OPERATE OR TO OUR SERVICE AT ANY TIME IF WE DETERMINE THAT YOU HAVE VIOLATED THE TERMS OF SERVICE OR ANY OF OUR RULES OR POLICIES OR FOR ANY OTHER REASON.

Law Enforcement

Ting will comply with law enforcement if we believe in good faith that the disclosure of information is necessary to prevent or detect illegal or unlawful activities. Wherever possible and practical, we will inform you of these disclosures.

Copyright Issues

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. We do not provide IP addresses (singly or in batches) or other identifying information to complainants unless duly compelled by power of law.

Commitment to Online Safety

We are committed to online safety for minors, and comply with all applicable laws related to protecting minors online. This includes reporting cases of child abuse or exploitation to the National Center for Missing and Exploited Children. You can access additional information about minors’ online safety by visiting www.ncmec.org.

Dispute Resolution

If there’s a disagreement, we’ll both agree to try to settle it first by talking to each other in good faith. We’re always open to hear your possible solutions and we want to work together. That said, whatever efforts are made to settle a disagreement amicably, no one forfeits any of the rights set forth in this document by those efforts. If we are unable to resolve an issue within 90 days after first contact about that issue, WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL CLAIMS OR DISPUTES IN ANY WAY RELATED TO OR CONCERNING THESE TERMS OF SERVICE, OUR SERVICES, DEVICES OR PRODUCTS, INCLUDING ANY BILLING DISPUTES, WILL BE RESOLVED BY BINDING ARBITRATION. THE ARBITRATOR MUST FOLLOW THESE TERMS OF SERVICE. In addition, either party may seek an injunction or other equitable relief for breaches or threatened breaches of these Terms of Service in order to prevent irreparable injury or preserve the status quo. This arbitration agreement is entered into pursuant to the Federal Arbitration Act, 9 U.S.C. sections 1-16.

Notwithstanding the above, YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION IF YOU OPT OUT OF THIS ARBITRATION AGREEMENT WITHIN 30 DAYS AFTER YOUR FIRST DOWNLOAD OR USE OF TING’S SERVICES. You must opt out by this deadline for each service. You may opt out of this arbitration agreement by calling 1-855-846-4389 or completing the opt-out form available from us at help.ting.com. Any opt-out received after this deadline will not be valid and you must pursue your claim in arbitration.

If the arbitration provision applies or you choose arbitration to resolve your disputes, then either you or we may start arbitration proceedings by sending the other a letter requesting arbitration and describing the claim to begin arbitration. The American Arbitration Association (“AAA”) will arbitrate all disputes. For claims less than $1,000, the AAA's Commercial Arbitration Rules will apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. In the event that AAA is unable to handle the arbitration for any reason, then the matter shall be arbitrated by a neutral arbitrator selected by agreement of the parties, pursuant to the AAA rules of procedure. We will pay any costs that are required to be paid by us under the AAA rules. Even if not otherwise required, we will reimburse you up to $500 for any initial arbitration filing fees that you have paid. We will also pay any fees of the arbitrator and the arbitration administrator for the first two days of any hearing. If you win the arbitration, we will reimburse you for any fees you paid to the arbitration organization and/or arbitrator. All other fees will be allocated according to the AAA rules. If you are unable to afford any fees that you would otherwise be required to pay, you may request that we pay or reimburse them, and we will consider your request.

CLASS ACTION WAIVER. WE EACH AGREE NOT TO (1) SEE TO PROCEED ON ANY CLAIM IN ARBITRATION A S A CLASS CLAIM OR CLASS ACTION OR OTHER COMPARABLE REPRESENTATIVE PROCEEDING; (2) SEEK TO CONSOLIDATE IN ANY ARBITRATION ANY CLAIMS INVOLVING SEPARATE CLAIMANTS, UNLESS ALL PARTIES AGREE; (3) BE PART OF, OR BE REPRESENTED IN, ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION BROUGHT BY ANYONE ELSE; NOR (4) SEEK ANY AWARD OR REMEDY IN ARBITRATION AGAINST OR ON BEHALF OF ANYONE WHO IS NOT A NAMED PARTY TO THE ARBITRATION. IF THESE TERMS RELATING TO CLASS OR REPRESENTATIVE PROCEDURES ARE LEGALLY UNENFORCEABLE FOR ANY REASON, THEN THIS AGREEMENT TO ARBITRATE WILL BE INAPPLICABLE TO THAT CLAIM, AND THAT CLAIM WILL INSTEAD BE HANDLED THROUGH LITIGATION IN COURT RATHER THAN BY ARBITRATION. NO ARBITRATOR SHALL HAVE AUTHORITY TO ENTERTAIN ANY CLAIM ON BEHALF OF A PERSON WHO IS NOT NAMED PARTY, NOR SHALL ANY ARBITRATOR HAVE AUTHORITY TO MAKE ANY AWARD FOR THE BENEFIT OF, OR AGAINST, ANY PERSON WHO IS NOT A NAMED PARTY.

JURY TRIAL WAIVER. If a claim proceeds in court rather than through arbitration, (a) WE EACH WAIVE THE RIGHT TO HAVE A TRIAL BY JURY, and (b) any court case will be subject to the exclusive jurisdiction of the federal or state courts located in the federal judicial district that includes your address at the time the arbitration is filed, unless the parties agree otherwise.

Limitation of Liability

In the case of a dispute that ends up in court, you and we agree that neither you nor we will be held responsible for indirect, special, incidental, consequential, exemplary or punitive damages of any kind. That applies to business partners too. In truth, it’d be much better for all involved to stay out of the courts in the first place. If things end up there anyway, any claims can only be for actual, direct damages, unless prohibited by law.

There are things we can’t take responsibility for. If you reach out to us, we’ll certainly try to help, but that should be considered offering a courtesy rather than taking ownership. Those things include but are not limited any act or omission by any company or business partner that provides service or equipment to Ting. These may also include, any damages as a result of a product or service made by a third-party and any unauthorized or disputed services that appeared more than 30 days earlier in your online account. You also agree that we’re not responsible for any lost voicemails or address book contacts, text messages, photos and any other media, files or data on your devices regardless of how they were lost.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF TING, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).

IN ALL CASES, TING, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

WHEN PERMITTED BY LAW, TING AND TING’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

Indemnification

In using Ting products and services, you agree to indemnify and hold harmless us, our affiliates, employees, partners, officers, agents and employees from any and all liabilities, settlements, penalties, claims, causes of action and demands brought by third parties (including any costs, expenses or attorneys’ fees on account thereof) resulting from your use of our products and services, or use of our devices, products and services by another person who uses our devices, products or services, whether based in contract or tort (including strict liability) and regardless of the form of action.

Notices

If you’re not happy, please give us a chance to fix it. You can get in touch with us by phone, by email, help ticket or by other electronic means as linked on the Ting website. Notices are considered effective once we receive them in writing via help@ting.com

If we can’t resolve the issue between us, you can file a complaint to the FCC:

Federal Communications Commission
Washington, DC 2054

Anything we send you will be to the last known physical address or email address we have on file for you. We may also reach out via text message or phone call to a phone number we have on file for you.

Effect of Terms Of Service

These Terms of Service are the only rules which govern our relationship. Ultimately, they trump any other oral or written communications or understandings with regard to products, services and the terms under which they are provided.

If any part of these Terms of Service is declared invalid or unenforceable, the remainder is still considered valid and enforceable.

We do have the ability to waive any part of these Terms of Service. Such waivers are only valid if they’re in writing. Waiving a part of the Terms of Service does not mean the entire document is waived and waiving a part of the Terms of Service in one instance does not mean it’s waived in all instances.

Just because we do not to enforce a part of these Terms of Service now does not mean we can’t or won’t choose to do so later.

Export

You agree that you’re not buying any devices from us in order to export them and / or the information stored on them elsewhere (foreign or domestic). Likewise, you agree that any trade or transfer of Devices purchased through Ting will be done in accordance with US trade regulations and export control laws.

Assignment

These Terms of Service apply to you alone. You can’t delegate any of your duties or assign any of the rights afforded you without prior written consent. We may assign all or part of these Terms of Service and any debts owing us without notice.

Trademarks and Other Intellectual Property

You agree that the Ting name, logo and other devices are registered trademarks of Tucows Inc. and that you won’t misappropriate, dilute, besmirch or otherwise violate our intellectual property rights.

You agree that you will not hack, reverse engineer, copy, modify, redistribute or resell any of our intellectual property. That includes but is not limited to the Ting website, mobile apps, billing systems, algorithms or any of the other stuff we’ve worked hard to create. Doing so would be a violation of these Terms of Service.

Our Warranties and Disclaimers

We provide the Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about the Services.

Your remedy should we fail to uphold this warranty is limited to the amount paid for the products or services covered by the warranty.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR IN A SEPARATE WRITTEN AGREEMENT PROVIDED TO YOU BY TING, NEITHER TING NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES, INCLUDING ANY EQUIPMENT PROVIDED TO YOU BY TING, ITS DISTRIBUTORS OR SUPPLIERS. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTION OF THE EQUIPMENT OR SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES AND EQUIPMENT “AS IS.”

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

Ting Mobile Services

Introduction

If you get a device directly from us and you do not alter or modify it in an unauthorized way (as laid out in this Terms of Service) it should work with the services we offer and that you have entered into a billing arrangement with us to use. If the device doesn’t work we will act accordingly and do all we can to get you a working device without an additional fee.

Devices purchased from someone other than Ting may not be able to provide you access to Ting’s mobile services. Expectations on third party devices should be managed accordingly as you are using these devices at your own risk. Ting will do all it can to point you in the right direction prior to your purchasing decision.

Active Line Fee

With Ting mobile service, you are billed a flat “active line fee” for each device or phone number that’s active on your account for all or part of your billing period.

Deactivating and reactivating the same device multiple times in a given billing cycle will result in multiple “active line fees” for that device.

Call Minutes

Call minutes can be used to make phone calls to numbers in the US or internationally (subject to the surcharges outlined on our website). When you’re outside the United States and we have a partner network where you are, they can be used to make calls there too, subject to Ting mobile roaming rates outlined on our website.

Calls are billed in one-minute increments, rounded up to the nearest whole minute. The timer on a voice call starts the second the network begins to process the call, which maybe before you hear it ringing.

The time of a call, as it appears on your Ting bill, is determined from the location of the network equipment (i.e., “the tower”) that processes the call.

If you make a call to Directory Assistance, you’ll use your voice minutes and pay a surcharge as outlined on our Rates page on our web site.

We will not directly complete any calls to 1-900, 1-976 or other pay-per-call services.

Text Messages

Standard message rates for text messages and picture messages apply when a message is sent or received, whether it is read or viewed. Text messages sent or received while outside the United States are billed at our standard message rate plus an additional surcharge. Visit our website for text messaging rates.

Messages which include multimedia (such as video, audio, or images) also count as data usage, based on the size of the file attached to the text message.

Data Usage

Standard data rates for data usage apply when data is sent or received. Note that devices or apps may send or receive data without your explicit consent and the only way to completely prevent this from happening is to turn off mobile data in your Ting account.

Data usage while outside the United States is billed at our standard data rate plus an additional surcharge. Visit our website for data usage rates.

Excessive Usage

If the usage on your account is high or in any way seems excessive or uncharacteristic of your account up to that point, we may suspend access to call, SMS and/or data services and notify you when we do. This is something that only happens very rarely, and is generally done to prevent you from discovering a shockingly high bill.

Roaming Within The United States

Your device may connect to another provider’s network even if you are within a Ting coverage area (“off-network roaming”). We reserve the right to terminate your Ting mobile service at our sole discretion, with reasonable allowance for you to make other arrangements, if your off-network roaming is determined to be excessive.

Roaming While Outside the United States

International roaming is turned off on all new accounts by default. Enabling international roaming as a feature requires a minimum of three months of service, previous usage on your account, and for your account to be in good financial standing.

When you enable international roaming on your account, you are expressing your intent to roam internationally and you agree to pay all charges associated with international roaming. Depending on where you go with your Ting phone, roaming can incur significant charges over and above the regular Ting rate for minutes, messages and megabytes of data used. A better option for international roaming is an unlocked phone and a local prepaid SIM specifically for your destination, a prepaid phone that you purchase when you get there, or a combination of Wi-Fi and a calling or messaging service when needed (eg. Skype). Ting international roaming rates can be found on our web site.

Third Party Charges

We are not liable for any charges for products or services provided by third parties, including but not limited to apps, software and other paid services. Any unauthorized or disputed charges would have to be taken up directly with the third party.

Lost and Stolen Devices

If your Device is lost or stolen, you agree that you will let us know immediately by contacting us through any of the means outlined on the Ting website.

Once we receive your notice, we’ll suspend service to the errant device. Until this notice is received and the device is suspended, you are responsible for any usage or charges it incurs on your account.

California customers: For charges incurred before you notify us, you are not liable for charges you did not authorize, but the fact that your Device or account was used is evidence of authorization. You may request us to investigate charges you believe were unauthorized. We may ask you to provide information and you may submit information to support your request. If we determine the charges were unauthorized, we will credit your account. If we determine the charges were authorized, we will inform you within 30 days and you will remain responsible for the charges.

Mobile Phone Number

Your mobile phone number is yours to use as long as the Ting phone associated with it is active. If you deactivate said phone or decide to leave Ting mobile service, we may give the phone number you were using with the service to someone else without notice. To avoid this from happening, you should transfer your number to another device (if you’re staying with Ting) or transfer (“port”) it to another mobile provider (if you decide to cancel your Ting mobile service.)

Under certain circumstances we may be required to change your mobile phone number. We don’t expect this ever to be an issue, but if it becomes necessary, we will notify you in advance.

Please note that local phone numbers (local area codes) may not be available in all areas that Ting service is offered.

Network Coverage

Ting mobile service is only available in the areas covered by Sprint (for CDMA coverage) and / or T-Mobile networks (for GSM coverage).

Network coverage is not available everywhere. Even in places where our coverage maps show coverage, conditions both within and outside of our control can affect the quality of service. Things like terrain, weather, the type of Device you’re using and other factors can impact the quality of service you receive.

We do not warrant or guarantee that network coverage will be available at any particular time or in a given location.

Call Completion

We are not responsible for failures to connect calls, including those placed to 911 or other emergency services. If you have occasion to call 911, always state the nature of your emergency, your location and your phone number as the operator may not receive this information automatically.

You should never rely solely on your mobile phone for emergency calls, including calls to 911.

Location-based Services

Location-based services are subject to the same caveats as network coverage and are subject to interruption by factors within and outside of our control. For example, terrain, weather, the type of device used. We do not warrant or guarantee that location-based services will be available at any particular time or in a given location.

When you turn on your mobile device, it automatically communicates with our partners’ networks and relays its current location. It does this unless you have specifically turned off your device's location functionality.

By using our location-based services, you consent to have us or our business partners electronically collect, monitor and track your physical location and the location of your device. We collect and disclose your location information only to provide you with the location-based services you have requested, or in emergency situations as prescribed by law. If you allow others to use your Device, you are responsible for informing these users that their location information may be collected or disclosed. We will not provide your location information to third parties without your consent other than as prescribed by law.

Device Warranties

New devices purchased from Ting come with a one year warranty that begins on the original date of sale. Refurbished devices purchased from Ting come with a 30-day warranty from the original date of sale. Devices purchased new or used from someone other than Ting are not covered by any Ting warranty.

If your device is defective, please contact us to check if it's eligible for a warranty replacement. If eligible, we'll replace the defective device with a new or refurbished device of the same or comparable model of our choosing.

Your warranty only covers defects in materials or workmanship. It does not cover defects arising from damage or normal wear-and-tear.

The warranty covers issues such as software-related problems, activation problems, camera defects, unresponsive keys, multiple dead pixels, etc.

The warranty does not cover issues like diminishing battery life, scratches, damage from drops (including into toilets or anywhere else), accidental damage, coverage issues, or software incompatibility or problems with third-party apps.

Attempting to 'root' or otherwise 'mod' your device will immediately void its warranty. Modifications made to a device are made entirely at your own risk and we are unable to help you recover or modify services associated with the device.

Visible physical damage to your device as outlined in this clause will void its warranty.

If you need to return a device, we'll send you a prepaid shipping label. At that time you’ll have 21 days to get the device back into our hands. The clock starts when we send you the shipping label. We may send you reminders along the way but ultimately, it’s on you to get it back to us expediently.

If we don’t receive the Device within 21 days we'll assume you chose to keep both the defective Device and the replacement we sent you. At that point, we will charge you for the full cost of the replacement and any related shipping fees as applicable.

You must return all the components (charger, cables, manual, etc.) along with the defective Device.

You will not receive the defective Device back. Rather, we will dispose of it on your behalf.

If components are missing, we will charge a nonrefundable missing parts fee as outlined here:

• Battery: $20.00
• Charger: $10.00
• USB Cable: $3.00
• SD Card: $5.00
• Manual: $3.00
• Other parts: At our sole discretion

Your defective Device must be returned in good condition - other than the defect that’s the subject of the warranty claim, that is.

If the Device is determined to have some type of damage that voids its warranty (e.g. liquid damage, 'modded' OS, etc.), we may charge a nonrefundable damage fee at our sole discretion.

Depending on the extent of the damage, this fee may be up to the full retail price of the device.

Please ensure that any Activation Lock (Apple) or Device Protection (Android) has been turned off before you return a device. If these features are active when we receive a returned device, our technicians may not be able to properly assess said device. This may result in a return, replacement, refund or other remediation being delayed or denied. You may also be automatically billed for the replacement device you received, if applicable.

The limits of what we provide above relate to the device itself. Friendly advice: Be sure to backup your phone before you send it off for warranty replacement. We are not responsible for any consequential damages from the loss of your Device, the loss of your data, or the time you are without your Device. For what it’s worth, we feel your pain and will do everything we can to make the process as quick and easy as possible.

EXCEPT FOR ANY WRITTEN WARRANTY APPLICABLE TO A DEVICE (AS SET FORTH ABOVE IN THIS SECTION), ALL DEVICES, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” AND WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE DEVICES, PRODUCTS AND SERVICES PROVIDED HEREUNDER OR ANY SOFTWARE USED IN CONNECTION THEREWITH, INCLUDING, BUT NOT LIMITED TO, AND TO THE EXTENT PERMITTED BY LAW, WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, QUALITY, NON-INFRINGEMENT, PERFORMANCE OR ACCURACY. We expressly disclaim any and all implied warranties, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT PROMISE ERROR-FREE OR UNINTERRUPTED SERVICE AND DO NOT AUTHORIZE ANYONE TO MAKE WARRANTIES ON OUR BEHALF. WE DO NOT GUARANTEE THAT YOUR COMMUNICATIONS WILL BE PRIVATE OR SECURE; IT IS ILLEGAL FOR UNAUTHORIZED PEOPLE TO INTERCEPT YOUR COMMUNICATIONS, BUT SUCH INTERCEPTIONS CAN OCCUR.

Ting Internet Services

Introduction

Ting provides fixed Internet access to customers, both individuals and businesses, within designated serviceable areas on towns listed on our website.

We offer speeds of up to 1 gigabit to homes and businesses. We also offer a 5 mbps service to homes.

To access Ting Internet, you must agree to installation of Ting Internet at your location subject to the terms outlined below. Once you have access your usage of the service should fall within the guidelines for acceptable use outlined below, as well as the rest of these Terms of Service.

Installation

We may need access to your premises in order to complete the installation of Ting Internet service at your address.

You agree that we can install and affix equipment both inside and outside your premises at any reasonable location. You agree that our installers may need to drill holes in the premises to bring cables indoors. You agree and give permission that we may use any existing facilities in and around your premises, including existing wiring. Likewise, you attest that you have the authority to provide such permissions.

If you rent or otherwise don’t own these premises, you are solely responsible for securing the required permission for installation to take place on the premises as outlined above. You may be asked to provide written evidence that you have requested and been afforded all necessary permissions to complete the installation and you should be prepared to present said evidence before installation begins or really, at any time. If you don’t properly secure these permissions from the property owner and said owner is super mad and decides to take legal action against us, you agree that you are responsible for all legal costs.

Acceptance of these terms doesn’t guarantee that we will install or provide services. We may need a separate agreement with your landlord in order to do the installation.

You grant use a non-exclusive license twenty (20) feet in width for underground or aerial telecommunication lines in, on, along, through, across, and under the premises to connect our network to the demarcation point located inside or outside of Customer’s building, together with the right to Ting, its successors, assigns, contractors, and agents, to construct, install, operate, maintain, inspect, repair, renew, remove, and relocate at will, optic cable, conduit connections, and facilities, to run fiber optic cable and install all other appurtenant equipment, including an Optical Network Terminal (“ONT”) (all hereinafter called “Ting’s Equipment”), and the right of ingress and egress over the Premise and the adjacent lands of the Customer for the purposes of this license, and the right to trim, cut, or remove any trees, brush, undergrowth or obstructions on the Premises which obstruct or interfere with the use of this License by us, and for doing anything necessary or useful or convenient in connection with the foregoing.

Ting or its contractors or agents will install Ting’s Equipment on the Premises. The cost of installation is due upon installation. You will also be responsible for the payment of any additional costs incurred in connection with the installation caused by unforeseen or undisclosed circumstances.

Ting’s Equipment will at all times remain the personal property of Ting, it successors or assigns, and may be removed by us upon the termination of this Agreement.

In the event you have identified the boundaries of the Premises to us in connection with the location of Ting’s Equipment, the cost of relocation of any of Ting’s Equipment due to an error in such identification will be the responsibility of Customer.

It is the your responsibility to locate and mark any private utilities. Any damage caused to private utilities due to an error in such identification will be your responsibility.

Installation Fee

You may be required to pay an installation, construction, connection or other similar fee when signing up for Ting Internet, at or around the time of installation. If we determine that the address is not a residential address, we reserve the right to change the service from a residential to a business service, which may mean extra cost for installation or for monthly services. Any installation or similar fees are non-refundable once we have completed your installation.

Monthly Access Fee

With Ting Internet service, you are billed a flat “monthly access fee” for each Internet Access location on your account for all or part of your billing period.

If you wish to upgrade to a higher speed during the month, you can do so immediately. We will prorate the new price for the remainder of the month and begin charging you the new fee in full at the beginning of the next billing cycle.

If you wish to downgrade to a slower speed during the month, you may do so immediately. We do not offer full or prorated refunds or credits when you downgrade your service.

Ting Internet service is meant for use in a single-family dwelling (most people just call it 'home') or a single business location such as a store or office. We love modern families and innovative coworking spaces. That said, sharing a single Internet connection among multiple units—including but not limited to apartments, boarding rooms, homes or business suites—is not permitted.

We do have provisions in place for multiple unit buildings: Landlords, property managers, real estate developers, etc. should please contact us directly to discuss these options.

Other services that are not necessary to use Ting Internet (nice to haves like static IP addresses, for example) may be available at extra cost. The most up to date and complete pricing is always found on the Ting Internet website.

Static IP Addresses

When you subscribe to our services, you will receive a dynamic public IP address. For an additional monthly fee, available on our website, we can provide you with static IP addresses. The address you are provided is for your use while you are a customer of Ting Internet. It is not transferrable and you have no ownership rights over that IP address.

We may on rare occasions need to change the static IP address you have provided. In such case we will do our best to contact you in advance so you can make arrangements for the change.

Internet Access Equipment

We may provide equipment to you in connection with your Ting Internet service. You agree that you are responsible for this equipment and that you may be charged a fee for replacement of the equipment. The costs for renting or replacing this equipment are subject to change and all pricing and fees are detailed on the Ting website. Ting will always strive to price our equipment close to our costs. We’re only interested in covering our shipping and equipment costs. We encourage our customers to buy the equipment over renting it. You agree not to use this equipment for any purpose outside of accepting Ting Internet service. Likewise, you agree that we may push software updates to this equipment as necessary, without express notice.

Cancelling Services

You can cancel your service at any time. Upon cancellation, your Services will be available until the end of the billing cycle you cancel within. Refunds will not be pro-rated.

Upon cancellation, you may be required to pay for certain construction or installation fees that were waived at the time you first signed up.

If you cancel service, you may be required to return certain equipment used to provide Services to you. Details on how to return equipment will be sent to you via the email address we have on file. Failure to return equipment according to the terms and timelines contained in that email may result in a charge up to and including the full purchase price of the equipment. If that happens, the equipment would then belong to you.

Termination of Services

Ting Internet reserves the right to terminate some or all of the Services it provides to you at any time, in its sole discretion, for any reason, without notice.

Businesses

Business services are bound by these Terms of Service. Construction, installation, service and other fees may be higher for business users. Business account holders are responsible and liable for all use of the Services, as outlined in these terms.

Network Management

Ting is committed to providing an excellent user experience that supports any lawful product, service, or application that you choose to access through the Ting Internet service.

To do so, Ting Internet engages in reasonable network management practices. In order to provide a better customer experience, we intend to both cache content ourselves and to locate third-party content caches on our network. We will do this based upon user demand for content as we, in our sole discretion, determine appropriate. To be clearer, this is a practice we will engage in in order to provide a better customer experience, not generate revenue.

Use of Ting Internet services is governed by various service terms and conditions that are available here. The information provided does not change the rights or obligations under those terms and conditions of either you or us.

Level of Services

We do not engage in traffic shaping and our service is offered without usage-based fees or volume-based caps.

Ting Internet is offered in several distinct packages. One inexpensive 5mbps download and 5mbps upload offering and two full gigabit offerings, one for home and one for business. In all cases, speeds listed are the top possible speed which may not be achievable at all times. This bandwidth is shared between all devices on the local network that is accessing the Service.

Numerous other factors can impact Internet speeds including but not limited to the type of networking equipment used within the home, the capability of networked devices (often the greatest limiter), the capacity of a Internet sites you’re accessing as well as network congestion, to name a few.

Network Neutrality

We do not and will not engage in deep packet inspection beyond the IP, TCP and UDP headers. We will not drop specific Internet traffic in order to preserve the integrity of the network. Likewise, we do not prevent or impede the use of any other lawful product or service that subscribers choose to access via Ting Internet service, provided the use of that product or service does not violate the service terms and conditions.

Ting does not favor or inhibit any applications or classes of applications except as described in this Agreement.

In the unlikely event that demand exceeds network capacity, we may intervene to ensure everyone on the network has a positive experience. In case of acute network congestion, Ting Internet bandwidth will be shared out as equally as possible to everyone accessing lawful content, services and applications. We may also intervene in the course of responding to an Internet threat. This could mean slower performance across the board while a problem is being addressed.

Ting does not actively limit the types of devices you can use with Ting Internet service. Any device that supports IPv4 and/or IPv6 using either Ethernet or Wi-Fi standards and provided it does not violate any item in these Terms of Service (i.e. doesn’t cause harm to the network, others or the Service) is welcome.

Network Security

Ting monitors its networks in order to address threats to the network and to subscribers. We reserve the right to intervene, taking whatever action we deem necessary, to protect the integrity of the network and, for our part, the Internet at large. This includes rights all the way up to terminating or suspending the Ting service of anyone that engages in any activity that violates these Terms of Service.

We use industry-standard tools, policies and best practices to distance subscribers and other Internet users from the negative parts of the Internet. That includes (but is not limited to -- this is a legal document, after all) threats like viruses, spam, denial of service attacks and other unsavory elements of the Internet.

Acceptable Use of Ting Services

Acceptable Use of Ting Services

This Acceptable Use Policy includes your usage of all Ting products and services (henceforth referred to as “Ting Service” and “Services”).

Don’t do anything that would be considered misuse as laid out in this Acceptable Use Policy. That includes but is not limited to stuff that would adversely impact other’s use and enjoyment of the Services. Your acceptance of this agreement and of the Accepted Use Policy (which is implicit in your use of the Services) is acceptance of the responsibility for all activity relating to your account, whether that activity originates with you or with someone else accessing your Services.

You are legally and financially responsible for any and all activity on your device and your service, regardless of who initiates the activity.

Using Ting Internet Services

Be a good online citizen and we’ll get along just fine.

In short, don’t download things illegally, don’t fall afoul of DMCA and make sure you lock down your wireless router, because you’re ultimately responsible for all traffic originating from your Services.

Don’t be a bully or a mean troll. The Internet is a better place when people do good things for each other.

If you are using the Services in a residence or other location you do not own or control (such as a hospital, hotel, etc.), you may have agreements related to the Services with property owners, managers, or other third parties outside these Terms; Ting is not a party to such agreements and therefore is not responsible for nor bound to them.

Unacceptable Use

There are lots of different things you can do with your Ting Service. We operate consistent with the premise that “usage which isn’t explicitly denied, is permitted”. That said, there are some very specific things that we don’t want you using your Ting Service for. We call this “Unacceptable Use”.

For most people, here is everything you need to know about the types of things that we don’t want you to use Ting Services for;

• Do not use Ting services to do illegal, fraudulent, threatening or abusive things.
• Don’t do things that interfere with or negatively impact other people’s use of the service or the networks.

For everyone else, here is more detail;

There are two broad types of usage that are unacceptable;

• usage that is explicitly against the law, and;
• usage that Ting does not want to be associated with.

In both cases, use of the Ting Service for either of these types of use is a violation of our Agreement with you and may be grounds for immediate and permanent termination of your Ting Service.

Here’s a tip - generally speaking, if you are reading The Official List of Things You Should Never Use Your Ting Service For to figure out if your use of the service is permitted or not, it probably isn’t. Using Ting Services typically should not entail consultation with a legal professional. Acceptable use is broad and far reaching, and unacceptable use typically lives in the gray area that surrounds acceptable use.

We will update The Official List of Things You Should Never Use Your Ting Service For to take into account new types of Unacceptable Use and more explicitly state what types of use we find unacceptable. This is our list and we have the final say at our sole discretion in what usage we define as unacceptable and how that usage is defined and on occasion we may consider activity not specifically listed here to be inappropriate. You explicitly agree to these terms as a condition of your continued use of the service. If you don’t agree with these terms, your sole recourse is to discontinue all use of your Ting Service.

The Official List of Things You Should Never Use Your Ting Service For

• Unsolicited email, email bombing, proxy email for the purposes of spamming, USENET spam and any and all forms of bulk unsolicited commercial advertising: This includes sending or receiving of mass unsolicited email (SPAM), the direct sending and receiving of such messages, support of such messages via web page, splash page or other related sites, or the advertisement of such services, the sending, return, bouncing or forwarding of email to specified user(s) in an attempt to interfere with or overflow email services, the use of dedicated services to proxy email unsolicited users, the use of dedicated services to act in concert with other services located inside and outside the network to achieve mass unsolicited email (SPAM) to unrelated third parties, the use of dedicated services to send, receive, forward, or post UseNet unsolicited email or posts.
• Illegal Uses: This includes, but is not limited to: death threats, terroristic threats and any other uses related to terrorism, threats of harm or harassment to individuals, organizations or businesses, multi-level marketing schemes, “ponzi schemes”, invasion of privacy, credit card fraud, facilitating, participating in or promoting “high yield investment plans” or “Ponzi schemes” with the intent to defraud, racketeering, defamation, slander and advocating human violence and hate crimes based upon religion, ethnicity, or country of origin.
• Child Pornography: Just don’t. We have a zero tolerance policy on child porn and we’ll turn you over to the authorities and cooperate with them as much as we possibly can to help them in their investigation of your activity.
• Interfering with networks, devices or services: This includes the use of dedicated services or network services for the origination or control of denial of service attacks or distributed denial of service attacks, the storage, distribution, fabrication, or use of malware including virus software, root kits, password crackers, adware, key stroke capture programs and other programs normally used in malicious activity, any activity associated with “phishing”, or “pharming” (and all other cutsie variants of those activities) or systems designed to collect personal information (name, account numbers, usernames, passwords, etc.) under false pretenses and all activity related to illegally or maliciously gaining access to a system, device or network to which you do not have explicit permission to do so.
• Copyright Infringement: This includes direct copyright infringement as defined and noted under Title 17, Section 512 of the United States Code. Maybe think about subscribing to Netflix or Hulu?
• Distracted driving: Stay alive, don’t text, dial or otherwise use your phone while driving. Be smart about safety and make sure you’re operating within the laws and regulations where you are. Even if it is legal, consider whether or not it is safe. Ting is not liable for unwise decisions you make in this regard.

Content, Security and Applications

We are not responsible for the content or security of voicemail, messages, photos or contact lists or other information you create.

Back-up your stuff. We’re not responsible for the data stored on your device(s), regardless of where it comes from or what might happen to it.

The Internet is a big place. Not everything you’ll find there is nice and some of what you find will be unsuitable for minors. Please keep this in mind. We’re not responsible for stuff that’s accessed or stored using Ting services. We provide access to the Internet, not all the content it contains.

While we make efforts to keep the network secure, no network security is perfect. You are ultimately responsible for the security of your data and for taking the appropriate measures to protect it. We can’t take responsibility for any damages to users of the Services that may be caused by unauthorized third parties.

Not all applications (“apps”) work on all devices or systems. When you use applications and “app stores” using your devices through our mobile or fixed networks, it’s according to the terms and conditions laid out by those individual applications and in accordance with their privacy policies and fee structure, where applicable.

Reporting Unacceptable Use

Any use of Ting Service that might be unacceptable should be reported. Please send details, to help@ting.com. We may not acknowledge your report, but we will review and take action as appropriate.

Avoiding the Tragedy of the Commons

We will approach each instance on a case-by-case basis and work to resolve outstanding issues in a fair and responsible manner. In most cases we would notify you of an alleged violation of the Acceptable Use Policy before we took any action, but not in all cases. Our intention is to work with our customers and the Internet community to ensure that your use of our network and other networks doesn’t interfere with the enjoyment of the network by other individuals, and vice versa. In instances where these interests conflict, we will make a final determination that is binding on all parties involved.

To this end, Ting can refuse service to any individual, group, or business and may discontinue service without notice for any violation of the Acceptable Use Policy.

Privacy Policy

Collection & Use of Personal Information

We collect the following personal information from you:

• Contact Information such as name, email address, mailing address, phone number.
• Billing Information such as credit card number and billing address.
• Financial Information such as bank or brokerage account numbers, as applicable.
• Unique Identifiers such as user name, account number and password.
• Preferences Information you provide such as product or content interests, communication and marketing preferences.
• Usage activity about how you interact with us such as purchase history and which areas of our site you visited.
• Demographic data where available such as gender, age, household income, level of “tech savvy” and the like.
• Where applicable, we also collect information about your business such as company name, company size and business type.
• As is true of most Web sites, we automatically gather information about your computer such as your IP address, browser type, referring/exit pages, and operating system.

We use this information to:

• Fulfill your order and send a confirmation.
• Send you requested product or service information.
• Send product updates or warranty information.
• Respond to customer service requests.
• Administer your account.
• Send you marketing communications.
• Improve our website and marketing efforts.
• Conduct research and analysis.
• Respond to your questions and concerns.

Choice/Opt-Out:

You may choose to stop receiving our newsletter, marketing, survey and feedback email by following the unsubscribe instructions included in these emails, signing into your account and adjust your preferences, or you can contact us at help@ting.com.

Information Obtained from Third Parties:

We obtain address information about you from third party sources, such as the US Postal Service, to verify your address so we can confirm whether you’re in a serviced area, to ship your order to you and to prevent fraud.

If you provide us personal information about others, or if others give us your information, we will only use that information for the specific reason for which it was provided to us.

Disclosure to Third Parties

We will share your information with third parties only in the ways that are described in this privacy statement.

We may provide your personal information to companies that provide services to help us with our business activities such as shipping your order. These companies are authorized to use your personal information only as necessary to provide these services to us.

We will not provide your information to third parties for marketing purposes.

We may disclose your personal information as required by law, such as to comply with a subpoena, or similar legal process when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request. If Ting Inc. or a subsidiary of Ting Inc. which provides you with Internet access is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.

Tracking Technologies

We or a third party contracted by us may use technologies such as cookies, Web beacons, or scripts to gather information about how you and others interact with our Web site. For example, we will know how many users access a specific areas or features within our site and which links or ads they clicked on. We use this aggregated information to understand and optimize how our site is used, improve our marketing efforts, and provide content and features that are of interest to you.

We don’t match those cookies, Web beacons or scripts back to your actual identity. If we know something about you, the individual with a name, its because you are logged in and shared it with us.

We may partner with a third party ad network to either display advertising on our Web site or to manage our advertising on other sites. Our ad network partner uses cookies and Web beacons to collect non-personally identifiable information about your activities on this and other Web sites to provide you targeted advertising based upon your interests.

Security of Personal Information

The security of your personal information is important to us. When you provide sensitive information (such as a credit card number) to us, we encrypt the transmission of that information using secure socket layer technology (SSL).

We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security.

If you have any questions about security on our Web site, you can contact us at help@ting.com. We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services contact us at help@ting.com. We may still retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Other Information

Our Web site includes third party hosted widgets, which are interactive mini-programs that run on our site to provide single-purpose services (e.g. sharing of articles, videos, etc.). Personal information, like your email address, may be collected and cookies may be set so the widget can work properly. The information through the widget is subject to that widget provider’s own privacy policy.

Our Web site offers publicly accessible blogs or community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. To request removal of your personal information from our blog or community forum, contact us at help@ting.com. In some cases, we may not be able to remove your personal information, in which case we will let you know that we are unable to do so.

Correcting and Updating Your Personal Information

To review and update your personal information to ensure it is accurate, contact us at help@ting.com

Notification of Privacy Statement Changes

We may update this privacy statement to reflect changes to our information practices. If we make any material changes we may notify you by email (sent to the e-mail address specified in your account) or by means of a notice on ting.com. We may not always send a notice, nor will will we always provide advance notice. We will endeavor to do so when possible and try to be as fair as possible in providing notice.

These terms are effective as of April 21, 2016