Red Pocket Mobile - Terms and Conditions

Refill Now :

Terms and Conditions

General

Red Pocket Mobile's ("Red Pocket") Terms and Conditions ("Terms") apply to the services we offer to our customers. Anyone who buys our service and anyone using our service, with or without the buyer's consent, is considered a customer.

Service is provided at our discretion. We can modify or cancel your Red Pocket service or take corrective action at anytime without prior notice and for any reason, including, but not limited to, your violation of any of these Terms. We reserve the right to change our Terms at any time without notice. Current Terms are available at the Red Pocket Web site, www.redpocketmobile.com. You shall remain bound by the revised Terms just as you are bound to the Terms in effect when you first agreed to Red Pocket's Terms.

You agree not to use Red Pocket services in any way that is illegal, fraudulent or abusive as determined solely by Red Pocket. You may not alter any of the hardware or software on your Red Pocket mobile phone in any manner inconsistent with the provisioning of Red Pocket service or contrary to these Terms, as determined in the sole discretion of Red Pocket.

Service

Red Pocket provides Service through Red Pocket mobile phones purchased from Red Pocket or an authorized retailer. Airtime is intended for wireless calling from within the Red Pocket network and those of our service partners. Red Pocket mobile phones and phone numbers are not intended for use as a pager or voicemail-only service, and Red Pocket may terminate any account if usage is limited to voicemail retrieval.

Service through Red Pocket phones is only available in geographic areas covered by the network footprint of our service partners. Customer acknowledges that any map, diagram or other illustration of service area is only an estimate and actual service coverage may vary. Charges are based on the location of the site receiving and transmitting the call, not the location of the user or call recipient. Customer's service area is subject to change at any time in Red Pocket's sole discretion. Some service features may not be available on the network or functionality may be limited.

Quality of service may be affected by conditions beyond our control, including atmospheric, geographic, or topographic conditions. We do not warrant or guarantee that service will be available at any specific time or geographic location, or that service can be provided without interruption.

Subscribers under 13 will not be able to activate a Red Pocket phone. We require the child's legal parent or guardian to call and activate the phone.

UNAUTHORIZED USAGE; TAMPERING.

The Red Pocket handset is sold exclusively for use with the Red Pocket Wireless Service. You may only use the Red Pocket handset on the Red Pocket Wireless Network and not with any other service or on any other network. You agree not to (i) sell or resell the Red Pocket handset to third parties for activation on any other service or network, (ii) tamper with, disassemble, modify or alter your Red Pocket handset or its hardware or software or assist others in such acts, or (iii) to export Red Pocket handsets outside of the United States. You further agree not to and not to allow any third party to deactivate, remove, reverse-engineer or otherwise tamper with the Red Pocket SIM card and not to allow any unauthorized person to use your SIM card.

Any violation of the foregoing or any other improper, illegal or unauthorized use of your Red Pocket handset or SIM card may result in immediate suspension of service and in legal action against you. In the event of such suspension, you will not be entitled to receive any refunds for your handset or for unused airtime. Red Pocket hereby expressly reserves all rights and remedies in law and at equity with respect to anyone found in violation of the herein terms and conditions.

We may give the phone number assigned to your SIM card to another customer without telling you if you cancel your Red Pocket service (unless you transfer the phone number to another telecommunications provider in accordance with applicable federal regulations), or if your account becomes terminated, as defined below. We may also change your number at any time, with prior notice.

Keeping Your Old Phone Number

If you are eligible, you can switch an existing landline or wireless phone number to be your Red Pocket number depending on where you live. To switch an existing phone number to Red Pocket, contact Red Pocket Mobile Customer Service at 1(888)993-3888 or go to www.redpocketmobile.com/en_us/activate.htm. Before you initiate the port-in process, please have a bill from your old wireless or wireline carrier handy. If you don't have a bill, please have your account information handy. If you are porting your mobile phone number to or from Red Pocket, the process may take up to 24 hours or more. Please provide complete and accurate information to avoid any delays. If you have any questions about your port request, please contact Red Pocket Mobile Customer Service to confirm that your request has been processed and completed. When you switch from your old wireless carrier, you may have to pay a termination penalty if you terminate your contract early. Red Pocket will not reimburse you for any termination fees or other charges imposed by other carriers.

Charges

Pre-payments are non-refundable, regardless of who actually uses or possesses your phone after you buy airtime, and regardless of whether the phone usage is made with your consent or knowledge.

Domestic voice calls that do not originate within the geographic area(s) covered by the network footprint of Red Pocket and our service partners (i.e., roaming calls) may be billed at a higher rate. All airtime voice usage is billed in one-minute increments, with a minimum time per call of one minute. Billing for calls begins when you push the "Send" button through the network's termination of the call. Airtime charges may be in addition to the long distance or other call charges for the destination called. Fees may be charged for all outgoing and/or incoming calls.

Rates for Domestic and International calls are set forth in the packaging and/or accompanying materials. For the latest rates for Domestic and International calls please visit www.redpocketmobile.com or call 1(888)993-3888.

Your Red Pocket phone also permits you to use many different features. These features may vary by phone and are subject to availability. Rates for feature use vary and may include additional airtime costs. Rates for features are set forth in the packaging and/or accompanying materials. You may also obtain the rates by going to www.redpocketmobile.com or by calling 1(888)993-3888.

You should not use your Red Pocket mobile phone until you understand the rates for all features and services available. Per minute and per feature rates are subject to change without prior notice.

Red Pocket reserves the right to automatically deduct charges to recover regulatory surcharges, taxes and/or charges that may or may not be specifically mandated by a governmental entity to recover Red Pocket's costs for complying with various government programs and general costs of providing service.

Please contact Red Pocket Mobile Customer Service at 1(888)993-3888 or visit our Web site at www.redpocketmobile.com with any questions about our rates or service. Calls to Red Pocket Mobile Customer Service may be monitored for quality assurance.

Pricing Plans

Red Pocket reserves the right to introduce pricing plans for its services and products with or without eligibility criteria. Red Pocket may designate one plan as the default plan for all customers upon their initial activation. You may choose from among the different pricing plans provided that you meet the eligibility criteria for a plan. Red Pocket may modify, eliminate or add additional pricing plans from time to time without prior notice. Red Pocket may charge a fee when you switch your plan. Plans are for individual, non-commercial use only and are not for resale.

Promotions

Promotions shall not be transferable and shall not be refunded for cash or credit. Availability of all advertised promotions are subject to retailer participation.

Unless otherwise stated, promotions are for a limited time and Red Pocket reserves the right to revise or end all promotions at any time.

Disputed Charges

If you think there has been an error in a charge deducted from your account, you must notify us within seven (7) days after the charge is deducted from your account balance to request an adjustment. Call Red Pocket Mobile Customer Service at 1(888)993-3888 and one of our Customer Service Representatives will investigate your claim.

Account Status

From the day you initiate your service and/or Refill your account, your account is active. You can make calls and use your phone in all manners consistent with these Terms.

Your initial minutes and all refills expire after a certain length of time depending upon your plan and refill amount. To keep your Red Pocket account active, you must add at least $10 to your account prior to your applicable Expiration Limit. If you Refill before the Expiration Limit, your existing balance (if any) will carry over until your next Expiration Limit.

If you do not add at least $10 to your account or if you allow your balance to drop to $0 by the end of your then-current Expiration Limit period, you may lose any remaining funds in your account and your account becomes inactive. "Inactive" means you can't make or receive calls, send or receive text messages, use features or use your account to do anything other than call 911 or Red Pocket Mobile Customer Service.

Once your account is inactive, you have forty-five (45) days to Refill and reactivate your account. However, if you do not Refill by the 46th day from the date your account has become inactive, your account expires. Upon expiration, you can no longer keep the phone number associated with your account. You will then need to initiate a new account to restart service with Red Pocket with a new phone number.

Refill

You can buy Refill cards at thousands of retail locations, by calling 1(888) 993-3888, and visiting our web site at www.redpocketmobile.com. Refill cards come in $10, $25, $50 and $100 denominations. For account security, Red Pocket Inc. reserves the right to limit the amount and/or frequency of Refills. Contact Customer Service if you have any questions. The value of any Refill amount or card cannot be applied to any other Red Pocket service or product.

Auto-Refill

You can refill your account automatically by registering your credit or debit card with Red Pocket. By registering for Auto-Refill you agree to have an amount you select deducted from your credit or debit account and added to your Red Pocket account. The minimum Refill amount when using a credit or debit card is $10 and the maximum Refill amount is $200 per a thirty-day period.

You can set-up, modify, or cancel your Auto-Refill preferences anytime by calling Red Pocket Mobile Customer Service at 1(888)993-3888. When you select Auto-Refill you are agreeing to have the amount you choose deducted from your credit or debit card.

Refill Refunds

Red Pocket Refill cards and Auto-Refills are non-refundable. Red Pocket is not responsible for, nor do we refund lost, stolen, misused, or damaged Refill cards.

Credits

We may give credit for continuous service interruption of more than 24 hours on a case-by-case basis if such interruption was reasonably within our control, and if you notify Red Pocket Customer Service at 1(888)993-3888 within seven (7) days of the interruption.

Acceptable Use of Red Pocket Mobile's Products and Service

You may only use our service for lawful purposes and in a manner that does not interfere with another Red Pocket subscriber's use of our service.

Red Pocket and its business partners provide messages, data, information, music, games, images, text, or other material for your private use only. You will be solely responsible if you engage in any unauthorized use of this content.

Content Objectionable or Offensive to Third Parties

You may not upload, download, post, distribute, or otherwise transmit any content that is unlawful, libelous, defamatory, slanderous, obscene, pornographic, harassing, threatening, abusive, harmful, violative of others' privacy rights, or otherwise objectionable.

Unlawful Content

You may not upload, download, post, distribute, or otherwise transmit any content that encourages or is in furtherance of an unlawful, criminal, or fraudulent activity.

Infringing Content

You may not upload, download, post, distribute, edit, modify or transmit any content that may infringe on any patent, trademark, trade secret, copyright, or other intellectual proprietary right of any person. Infringement may result from the unauthorized copying, posting, editing, modifying or distributing of any content, including ring-tones, graphics, pictures, photographs, logos, software, articles, music, games, or videos. By posting any content, you represent that you have legal rights to use, distribute, and publish such content.

Harmful Content

You agree not to upload, download, post, distribute, or otherwise transmit any content that contains viruses, worms, time bombs, or any other similar programs that would interfere or disrupt our provision of our service.

Removal of Objectionable Content

While we do not monitor your use of our service, we reserve the right to remove or delete any content that you upload, download, post, distribute, or otherwise transmit on our service that violates this Acceptable Use Policy or is otherwise deemed objectionable by us in our sole discretion. We may delete content that you have downloaded or limit the amount of content that you may download during any given period.

Suspension or Termination of Service

We reserve the right to suspend or terminate service and access to the Red Pocket web site at any time without notice should we determine in our sole discretion that you have violated our Terms.

Disclosure of Content

Red Pocket respects your privacy, but from time-to-time we need to comply with regulatory requirements or court orders. If Red Pocket receives a lawful request to disclose information from law enforcement authorities, then we will disclose all relevant information, including your name, account history, account information, or other transmission data requested. We also may disclose any content to third parties as is necessary to respond to claims that any content violates the rights of third parties or to protect the rights and property of Red Pocket.

Storage of Content

Some content may not be stored or processed due to memory limitations. You agree that Red Pocket is not liable for such deletion or failure to store content, and you should store photographs permanently using another means. Red Pocket is not responsible for any loss of data from your handset, and you agree to hold Red Pocket not liable for any such loss of data. Not all applications (including, without limitation, certain ring-tones or other software) will work on all Red Pocket phones and equipment, and some applications may not be available in all areas. Use of certain applications may require the disclosure of personal information subject to the policies of the developers of such applications.

Unsolicited Messages

If you intentionally send unsolicited messages from your Red Pocket phone (also called "Spamming") we will terminate your service without further notice. We may occasionally send you unsolicited messages about relevant opportunities from Red Pocket commercial partners, as well as information about new Red Pocket wireless services, or other important information. All such messages are sent free of charge. If you do not want to receive such messages, you will be able to opt-out from receiving additional messages. We may also occasionally send you unsolicited messages about important items such as network outages, account status and other relevant matters. These non-commercial messages are also sent free of charge, however, you may not opt-out from receiving non-commercial messages.

Use of Your Subscriber Information

We may, from time to time, use the information you provide us with to market services to you that may be related to our service offerings. We will always handle your information in a manner consistent with federal subscriber privacy laws and Red Pocket's privacy policy. You will have the opportunity to choose whether you would like to receive text messages, email, direct mail and other updates from Red Pocket and its partners about new products, special promotions, and important service information by submitting your request at www.redpocketmobile.com or by calling Red Pocket Mobile Customer Service at 1(888)993-3888. You can go to www.redpocketmobile.com to view additional information about Red Pocket's Privacy policy.

Privacy

Wireless systems use radio channels to transmit communications that may be accidentally or intentionally intercepted. Although federal and state laws may make it illegal for third parties to listen in on a Customer's use of our service, privacy cannot be guaranteed. Red Pocket shall not be liable to you or any third party for eavesdropping on or interception of communications made while using the service or the equipment.

Lost or Stolen Equipment

If your phone is lost or stolen, you are responsible for charges incurred until you notify us of the loss of your mobile phone and request disconnection or suspension of your account. Once you call us, your account will be suspended for up to 20 days from your notice to us, or until you replace or recover your mobile phone, whichever is shorter. Red Pocket reserves the right to request proof of loss or theft (such as a police report) prior to suspending your account. Once you purchase a new Red Pocket phone, any remaining money in your old Red Pocket account will be transferred to your new Red Pocket phone account once your transfer your old Red Pocket SIM card to your new Red Pocket phone.

Pay-Per-Call Services

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

Mutual Waivers And Limitations Of Liability

BY ENTERING INTO THIS AGREEMENT, YOU AND WE ARE WAIVING IMPORTANT RIGHTS. YOU AGREE THAT OUR MAXIMUM LIABILITY TO YOU UNDER ANY THEORY (INCLUDING BUT NOT LIMITED TO FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, OR PRODUCTS LIABILITY) IS LIMITED TO A REFUND OR REBATE OF CHARGES YOU HAVE PAID OR OWE US. WE AGREE THAT YOUR MAXIMUM LIABILITY TO US UNDER ANY THEORY (INCLUDING BUT NOT LIMITED TO FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY OR PRODUCTS LIABILITY) IS LIMITED TO ANY ACTUAL DAMAGES YOU CAUSE TO OUR BUSINESS OR PROPERTY, AND ANY DAMAGES COLLECTED FROM US BY A THIRD PARTY ARISING OUT OF THE USE OF YOUR WIRELESS PHONE. NEITHER OF US CAN RECOVER (A) PUNITIVE DAMAGES; (B) TREBLE, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES; OR (C) ATTORNEY'S FEES. YOU AND WE AGREE NOT TO MAKE, AND TO WAIVE TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIM FOR DAMAGES OTHER THAN DIRECT, COMPENSATORY DAMAGES AS LIMITED ABOVE. YOU AND WE ALSO AGREE NOT TO MAKE, AND TO WAIVE TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIM FOR EQUITABLE RELIEF, OTHER THAN TO PROTECT ANY PATENTS, COPYRIGHTS, TRADEMARKS OR TRADE SECRETS, OR TO PREVENT ABUSIVE, FRAUDULENT, OR ILLEGAL USE OF A WIRELESS PHONE OR TELEPHONE NUMBER. YOU AGREE TO INDEMNIFY US FOR ANY CLAIMS BY THIRD PARTIES AGAINST US ARISING OUT OF USE OF YOUR WIRELESS PHONE. EXCEPT FOR CREDIT FOR CERTAIN DROPPED CALLS OR INTERRUPTED SERVICE (AS DESCRIBED EARLIER), WE ARE NOT LIABLE TO YOU FOR DROPPED CALLS, INTERRUPTED SERVICE, OR PROBLEMS CAUSED BY OR CONTRIBUTED TO BY YOU; BY ANY THIRD PARTY; BY BUILDINGS, HILLS, TUNNELS, NETWORK CONGESTION, ATMOSPHERIC CONDITIONS OR OTHER THINGS WE DON'T CONTROL; OR BY ANY ACT OF GOD OR NATURAL DISASTER. IF ANOTHER WIRELESS CARRIER IS INVOLVED IN ANY PROBLEM (FOR EXAMPLE, BECAUSE OF ROAMING), YOU AGREE TO ANY LIMITATIONS OF LIABILITY IMPOSED ON ITS CUSTOMERS, TOO.

Indemnification

You shall indemnify, defend, and hold Red Pocket harmless from any violation by you of any applicable law or regulation. You will further indemnify Red Pocket for any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of: (1) information or content that you submit, post, transmit or make available through the service; (2) your use of the service or equipment; (3) your connection to the service or equipment; (4) your violation of these terms; or (5) your violation of any rights of a third party Warranties

We do not make our cell phones or other equipment, therefore the only warranties are those extended by the manufacturers. We have no liability in connection with the mobile phones, mobile services and other equipment or for the manufacturer's acts or omissions.

We make no warranties or representations, express or implied, regarding the products and services provided hereunder, including, but not limited to, infringement, warranty of title, warranty that the product or service is fit for a particular use, or warranty of merchantability. We expressly disclaim any and all implied warranties. If you have purchased a used, refurbished, or reconditioned phone, no warranties from the manufacturer may exist.

Notices

You may notify us via our Web site at www.redpocketmobile.com and selecting the “Contact Us” link. Such notices will be considered effective after we receive them. Any notice we send you will be sent to your last known residence or electronic address as shown on our records, or via electronic messaging to your Red Pocket phone.

911 or Other Emergency Calls

Red Pocket's wireless service does not interact with 911 and other emergency services in the same manner as non-wireless or landline telephone services. Depending on a Customer's location, the type of equipment being used, the type of equipment being utilized by any applicable emergency services provider, and the circumstances and conditions of a particular call, your phone number and/or location may not be identifiable to emergency services providers and you may not be connected to the appropriate emergency services provider. 911 service that is compatible with the FCC technical requirements is not available in all areas, and even in those areas where it is available, it is not entirely reliable. Customer acknowledges that E911 service is not available in all areas, is not completely reliable and is further limited by numerous other factors. You consent to Red Pocket's disclosure of your information to governmental and public safety authorities in response to emergencies. This information may include, but is not limited to, your name, address, number, and your location of the service at the time of call.

Effects of Terms and Conditions

These Terms supersede all oral or written documents, communications and understandings between you and Red Pocket with respect to our products and services and any terms, conditions and service or product descriptions under which our services and products are offered and provided to you (including any advertising materials viewed at the time of purchase). You represent that you have the legal capacity to agree to this agreement. If any part of these Terms is declared invalid or unenforceable, all other parts of these Terms are still valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of these Terms. You cannot rely on any other document or statement by any other individual, and you have no other rights with respect to service or this agreement, except as specifically provided by law or in this agreement. No provision of these Terms provides any person or entity not a party to these Terms with any remedy, claim, liability, reimbursement, or cause of action or create any other third party beneficiary rights. Any complaint, arbitration or other legal action concerning these Terms shall be interpreted under the laws of the State of California, excluding the choice of law rules, and shall be subject to the jurisdiction of the courts of the State of California.

California Customers - Consumer Bill of Rights These Terms comply with and satisfy all Red Pocket obligations under California's Telecommunications "Bill of Rights."

All descriptions, eligibility requirements, features, and specifications are subject to change without notice. Red Pocket Mobile is a trademark of Red Pocket Inc. © 2006-2009 Red Pocket Inc. All rights reserved.

Acceptance of Terms

By signing up for, paying for, or using our service, you agree to these terms and conditions. If you don't accept these terms, please contact Red Pocket Mobile Customer Service immediately at 1(888)993-3888 to cancel your service.