1 Promotion requires new service line or ported number and activation of one (1) h2o® Wireless $20 or $40 Monthly Unlimited Plan between October 1, 2018 to August 31, 2019 or one (1) h2o® Wireless $30 Monthly Unlimited Plan between December 1, 2018 to August 31, 2019 to be eligible to receive 500 MB, 1 GB, or 3 GB FREE 4G LTE data (Bonus Data) for first month and two (2) subsequent recharges. Subsequent second and third recharges must be made by December 31, 2019 in order to receive Bonus Data for second and third recharges. After initial recharge, and two (2) subsequent recharges, the data allotments are reverted back to the following: 500 MB for $20 Monthly Unlimited Plan, 3 GB for $30 Monthly Unlimited Plan, and 7 GB for $40 Monthly Unlimited Plan for subsequent plan cycles. 2 Download speeds max of 8Mpbs (LTE)/4Mbps (4G). Videos stream at DVD Quality (480p). 3 Unlimited International Talk: Unlimited landline calls to 50+ countries; select countries also include unlimited calls to cell phones. Each monthly plan account can dial up to 10 unique international telephone numbers each month which reset upon the 1st of each month, regardless of plan expiration. Calls to countries other than the U.S. will be terminated at 60 minutes, but you may re-initiate the call thereafter. Does not apply to calls to off network/ special locations. 4 International Talk Credit: Unused international talk credit can’t be replenished if used prior to end of plan cycle and won’t roll over to the next plan cycle. Int’l talk credit can’t be replenished if used prior to end of plan cycle and unused credit won’t roll over to the next plan cycle. Int’l talk rates apply. 5 All international calling is provided by EBB Connect, Inc. (“EBB”). EBB is the carrier of record for international calling made by end-users. EBB is responsible for origination, transport, and termination of calls through its network providers. EBB shall either directly or through billing agreements, invoice its end-users for usage, or if the product has unlimited usage, for the set amount designated for such unlimited use product. For service issues, EBB Connect may be contacted at support@ebbconnect.com. Unlimited Mobile to Mobile and Landline Calling to Pakistan: Limited time offer, exclusively on the $60 monthly unlimited plan. Calls to Pakistan mobile and landline numbers will be terminated at 60 minutes, but you may re-initiate the call thereafter. Limited time offer; plan and SIM purchase must be made at www.h2owirelessnow.com. Capable device required for 4G LTE speeds. Speeds limited by device/location. Unused accumulated data, including Bonus Data, is forfeited if you switch between plans, terminate or fail to renew your plan before expiration. You must use a single new service line or ported number during first month and any subsequent recharges to receive Bonus Data, as specified in Footnote 1; any changes to your mobile directory number will cause the forfeiture of any additional unclaimed and/or unused Bonus Data. “Unlimited” does not mean unreasonable commercial/monitoring/abusive use; see full terms on our website for all prohibited uses. Monthly plans expire 30 days after loaded to account. If you switch between plans or renew a plan before expiration, the features associated with your prior plan will no longer be available unless otherwise specified. Directory assistance, premium SMS, no answer/busy transfer, caller ID, caller ID block, & roaming not available. Unused Data/Bonus Data/Refills/promotions are not redeemable for cash, have no cash value & are not transferable or refundable. Taxes/fees charged where applicable. Plans/rates/fees/promotions subject to change without notice. Coverage & service not available in all areas. h2o®Wireless service is powered by Locus Telecommunications, LLC. © 2019. All rights reserved. Full Terms and Conditions applicable and available here. BROADBAND TRANSPARENCY DISCLOSURE
To help keep customers informed about our mass market wireless broadband Internet access services (“Broadband Services”), this disclosure describes the Broadband Services we offer and provides information about the network management practices, performance characteristics, and commercial terms applicable to our Broadband Services, consistent with the Federal Communications Commission’s (“FCC’s”) Transparency Rule. Broadband Services provide subscribers with the ability to transmit and receive data from all or substantially all Internet endpoints. As a Mobile Virtual Network Operator (“MVNO”), we provide our Broadband Services using the facilities of our underlying carrier, a leading nationwide wireless provider (“Underlying Carrier”). As a result, while we have some control over aspects of your Broadband Service, we do not actively manage the network you use to receive Broadband Services from us—our Underlying Carrier does. The information provided in this statement should help customers make informed choices about the purchase and use of our Broadband Services, and will assist providers of Internet applications, content, and services in developing, marketing, and maintaining their Internet offerings. The information provided relates to your experience while using the network of our Underlying Carrier and may not describe the practices, performance, or terms you may experience while using extended coverage networks or roaming on affiliated networks. We encourage mass market customers and other users of our Broadband Services to familiarize themselves with this information and to provide us with feedback about our Broadband Services so that we can continue to provide an excellent experience. Nothing in this disclosure changes your rights and obligations, or ours, under our Terms and Conditions, available at https://www.h2owireless.com/terms-conditions, or our Privacy Policy, available at https://www.h2owireless.com/policy. This disclosure is provided for informational purposes only and we may change the information at any time, without notice. Network Practices How does H2O Wireless manage congestion with respect to its Broadband Services? H2O Wireless, through its Underlying Carrier, which owns and operates the network that H2O Wireless uses to provide service, strives to provide a high-quality Internet experience for all of our customers. Like the other networks that make up the Internet, the network of our Underlying Carrier is a shared network, which means that the transmission links and other network resources used to provide Broadband Services are shared among H2O Wireless’ subscribers and other users of our Underlying Carrier’s network. Our Underlying Carrier manages its network for the benefit of all users based on a variety of factors and its technical expertise. Nonetheless, temporary congestion may occur when a large number of customers in a concentrated area access the network at the same time or when some customers consume a very large amount of network capacity during busy periods, such as at stadium events, during peak usage times, or during planned network maintenance. Congestion-Based Data Management. During periods of congestion, our Underlying Carrier may use Congestion-Based Data Management to manage the network. With Congestion-Based Data Management, customers with unlimited data plans may experience reduced data speeds and increased latency as compared to other customers using the same cell site. However, even when subject to this congestion management practice, the amount of data these customers may use will never be limited and they will never be subject to data overage charges. Reduced speeds and increased latency may cause websites to load more slowly or affect the performance of data-heavy activities such as video streaming or interactive gaming. Customers subject to Congestion-Based Data Management will experience reduced speeds and increased latency only when they use data at a cell site experiencing network congestion at the same moment. As soon as the congestion at the cell site abates, or if the customer’s session migrates to an uncongested cell site, speed and latency will return to normal. In addition, this network management practice adjusts dynamically to address the amount of congestion, which can start and stop over a very short time period (often measured in fractions of a second), further minimizing any customer impact. Because the amount of congestion at a cell site can vary significantly, the performance impact for affected unlimited data plan customers may also vary significantly, but such impact will last only as long as the site is congested. Buffer Tuning. With the ever increasing growth in smart phone and tablet usage on wireless networks, and the growing prevalence of video downloads, our Underlying Carrier has deployed a reasonable network management video optimization technique in its mobile data network. That technique delivers recorded video to the user’s device in a “just in time” fashion (“Buffer Tuning”). Buffer Tuning only applies to internet browser traffic (HTTP, port 80) for recorded video downloads, regardless of the source, and does not affect real-time streaming video. Without Buffer Tuning, video content may be completely delivered to the device and charged against the user’s data plan regardless of whether it is viewed. With Buffer Tuning, a sufficient amount of video is delivered to the device so that the user can start viewing the video, and the remainder of the video is delivered just in time to the device as needed for uninterrupted viewing. This optimizes the user’s data plan consumption. Additionally, this frees up network resources for all users. Buffer Tuning does not alter video content and should not directly introduce any adverse impact to the viewing experience. Does H2O Wireless limit data usage or provide customers with tools to monitor and control their data usage? H2O Wireless offers prepaid plans with pre-established allotments of data with opportunities to purchase additional data allotments as top-ups. H2O Wireless also offers pay-as-you-go plans, where the availability of data is based on a customer’s account balance. Customers may determine their remaining data by calling customer service. Does H2O Wireless favor certain websites or Internet applications by blocking or throttling traffic, modifying particular protocols, or prioritizing certain traffic on its Broadband Services? No, H2O Wireless does not favor certain websites or Internet applications by blocking or throttling lawful internet traffic on the basis of content, application, service, user, or use of non-harmful devices on its Broadband Services. Nor does H2O Wireless modify particular protocols, protocol ports, or protocol fields in ways not prescribed by the protocol standards, subject to reasonable network management. Additionally, neither H2O Wireless nor its Underlying Carrier directly or indirectly favor some traffic over other traffic (such as through prioritization, resource reservation, or traffic shaping) for any type of consideration. In response to a specific security threat against the networks of our Underlying Carriers or our customers, we or our Underlying Carrier may occasionally need to limit the flow of traffic from certain locations or take other appropriate actions. Additionally, our Underlying Carrier may favor some traffic over other traffic to address the needs of emergency communications, law enforcement, public safety, or national security authorities, consistent with or as permitted by applicable law. How does H2O Wireless handle alleged copyright infringement by subscribers to its Broadband Services? Our Underlying Carrier utilizes a copyright alert process to respond to alleged copyright infringement activities using peer-to-peer file sharing and attempts to educate customers about the importance of protecting copyright and lawful use of content available over the Internet. Under the program, content owners may notify our Underlying Carrier of alleged copyright infringement based on the IP address of a user. Our Underlying Carrier will pass the request to us, and then we will attempt to identify a subscriber account based on that IP address and forward a copyright alert to that subscriber, advising the subscriber of the allegation and providing information about online copyright infringement, so that the subscriber, as the account holder, can take steps to prevent any future possible infringement using the Broadband Services. If a subscriber receives additional alerts, we may temporarily redirect the subscriber to a webpage where the subscriber must review material on the importance of copyright and the lawful use of content available over the Internet. Upon completion of this review, such redirection will be discontinued and the subscriber’s Broadband Services will be restored to normal. If a subscriber continues to receive alerts, we or our Underlying Carrier may take action consistent with Section 512(i) of the Digital Millennium Copyright Act, which may result in termination of the subscriber’s Broadband Services. Subscriber personal information is protected throughout this process—we will not provide such information to content owners unless required to do so by court order. What practices has H2O Wireless adopted to manage network security? As an MVNO, H2O Wireless does not have the ability to manage the security of its Underlying Carrier’s network. However, our Underlying Carrier proactively monitors network activity to help guard against a wide range of security threats, including viruses, botnets, worms, distributed denial of service attacks, SPAM, and other harmful activity. We cannot guarantee that you will not encounter unwanted, harmful, or malicious internet traffic while using our Broadband Services and encourage you to adopt your own reasonable security practices. Our Underlying Carrier uses a variety of network tools to monitor network activity and health to maintain its stability and functionality, to protect the network against threats, and for other operational purposes. As our service provider, our Underlying Carrier stores the information it gathers through this monitoring for only as long as we have a business purpose for our Underlying Carrier to maintain it. Our Privacy Policy further describes how we collect, use, and share this information. You can view our Privacy Policy at https://www.h2owireless.com/policy. If our Underlying Carrier detects a security threat, it will typically attempt to isolate the threat and minimize the impact to network services. It may use a variety of security measures to protect the network, including blocking malicious or unlawful traffic, redirecting the flow of traffic over some portions of the network, or taking other actions to address the threat. For example, it blocks certain ports that transfer malicious or disruptive traffic (such as Ports 25, 135, 139, 445, and 1900) and may block additional ports in the future based upon threat assessments. It also attempts to limit actions to the specific portions of the network or customer base impacted by the security threat and only for as long as necessary to mitigate the threat. Our Underlying Carrier may scan or analyze network addresses that are registered through the Underlying Carrier, including addresses that may have been delegated to customers, and/or routes that originate from the Underlying Carrier’s networks to detect vulnerabilities that might be used to compromise the assets of H2O Wireless, our Underlying Carrier, its subscribers, or our subscribers or that might be used in attacks against others. In doing so, it seeks to avoid disrupting network service to customers. We and our Underlying Carrier may use information derived from these activities to identify and address security issues or to notify subscribers of issues. Does H2O Wireless restrict the types of devices that customers can use with its Broadband Services? H2O Wireless’ customers may attach 3G-, 4G-, 4G-LTE, or 5G-capable devices of their choice to our Broadband Services, so long as the devices are FCC-approved, are compatible with the technology used in our Underlying Carrier’s network, do not harm the network or other users, and are not designed only for accessing data services. Devices must also be used in a manner consistent with our Terms and Conditions, including our Authorized Use policy. For example, some data plans are designated for use with only a basic phone or smartphone, in which case customers may not use their devices as a personal hotspot while other plans explicitly allow customers to use their devices as a personal hotspot. Our Underlying Carrier has retired its 2G network, and as a result, 2G-only capable devices will not be activated to attach to our Broadband Services. customers may not use their devices as a personal hotspot while other plans explicitly allow
customers to use their devices as a personal hotspot. Our Underlying Carrier has retired its 2G network, and as a result, 2G-only capable devices will not be activated to attach to our Broadband Services. Performance Characteristics What factors affect the performance of my Broadband Services? End-to-end performance of your service can depend on a variety of factors, many of which are outside of our control, including: your location relative to our coverage area, your proximity to a cell site, the capacity of the cell site, the number of other subscribers connected to the same cell site, the number of subscribers simultaneously using the network, the services other users are using, topography, weather, obstructions, use inside a building or a moving vehicle, radio frequency interference, the capabilities of your device, the applications you are using, the server with which you are communicating through your usage, the destination of your Internet traffic, overall traffic on the Internet, whether there are network outages, and applicable network management practices as discussed above. In addition, our Underlying Carrier has designed its wireless services to provide our customers with a high-quality voice experience during simultaneous voice and data sessions, which may affect data performance, including, but not limited to, a temporary reduction in speed to minimize the likelihood of dropped calls. Although our Underlying Carrier engineers its network to accommodate all users and user types based on a variety of factors, including average and anticipated peak usage of the network, many factors cannot be anticipated or are outside of our and our Underlying Carrier’s control. These factors can impact the availability of network resources for Broadband Services at any particular time. What performance can I expect from H2O Wireless’ Broadband Services? We and our Underlying Carrier each strive to manage the networks to provide you optimal performance. However, because many different factors can affect the performance of Broadband Services, as discussed above, neither we nor our Underlying Carrier guarantee specific performance levels of our Broadband Services. Broadband Service performance is generally evaluated based on speed and latency. The speed and latency you can expect to receive using our Broadband Services are described below. Our speed and latency measurements are based on data from third-party, crowd-sourced testing of actual network performance compiled by our Underlying Carrier. The ranges provided below represent network performance nationally between the 25th and 75th percentile and you may occasionally experience performance levels outside our estimated ranges. Speed Speed reflects the capacity at which Broadband Services can transmit data. This capacity is typically measured in the number of kilobits, megabits, or gigabits that can be transmitted in one second (kbps, Mbps, or Gbps). Some applications, like a short email without attachments or basic web browsing, do not require high-speed service to function optimally. Other activities, like transferring large data files, can be performed faster with higher-speed services. The speeds you receive from our Broadband Services may not be optimal for certain applications, particularly those involving real-time or near real-time, high-bandwidth uses, such as streaming video or video conferencing. Some plans provide customers with a monthly per line allotment of data after which the data transmission speeds will be reduced to a significantly slower speed (e.g., 256 Kbps) for the remainder of the bill cycle, as set forth in the terms and conditions of the plan. Similarly, for unlimited data plans, data transmission speeds may be reduced to a significantly slower speed (e.g., 128 Kbps) for the remainder of the bill cycle after a specified data use threshold is met. We expect our customers will typically experience speeds within the following ranges, which do not necessarily reflect speeds achievable along the entire end-to-end transmission path to all Internet destinations:
Latency Latency, also known as delay, is the amount of time from when a data packet is sent to when it is received. For Broadband Services, latency is usually expressed as the round-trip time in milliseconds (ms) that it takes for a data packet to travel between two end points on the Internet (from point A to point B and then back to point A). Some applications, such as email, can tolerate a substantial amount of latency without any noticeable impact on the application’s performance. Other applications, such as real-time video conferencing, require lower latency to function properly. End-to-end latency reflects the cumulative effect of the individual latencies that occur along the end-to-end network path. We expect our customers will typically experience the following round-trip latencies when accessing the Internet using our Broadband Services:
Commercial Terms Where can I find the prices and other fees that apply to H2O Wireless’ Broadband Services? Descriptions of the prices and fees applicable to our Broadband Services are available on our website. For more information, please review our rate and data plan information at https://www.h2owireless.com/plan/monthly. H2O Wireless does not charge termination fees. Where can I find the Terms and Conditions and the Authorized Use policy that apply to the H2O Wireless’ Broadband Services? The Terms and Conditions, which includes the Authorized Use policy, can be found at https://www.h2owireless.com/terms-conditions. What are H2O Wireless’ privacy practices for its Broadband Services? To learn about our privacy practices for our Broadband Services, please review our Privacy Policy at https://www.h2owireless.com/policy. How can I get assistance if I have a question or concern or need more information about H2O Wireless’ Broadband Services? If you have questions or concerns about our Broadband Services, please contact us using the following information: Email: CustomerService@locus.net Phone: 1-800-643-4926 or 611 from your device during normal business hours: Monday through Sunday, 9:00 a.m. to 12:00 a.m. o Locus Telecommunications, LLC 500 Frank W. Burr Blvd. suite 580 Teaneck, New Jersey 07666 Effective May 2023
(3) Refunds H2O Wireless does not exchange products purchased on www.h2owireless.com unless specifically requested on the Return & Exchange Form. Please allow up to 4-6 weeks to receive your credit card refund which will be applied to the credit card account to which your purchase was initially charged. Taxes and fees charged, if any, shall also be refunded upon submission of a valid refund request. (4) Restrictions & Fees Prepaid account balances and original shipping and handling fees are not refundable.
H2O Wireless Rewards Program Terms and Conditions1. GENERAL
These H2O Wireless Rewards Program Terms and Conditions (“Program Terms and Conditions”) govern your participation in the Program (as that term is defined below) and constitute an agreement (“Agreement”) between you and Locus Telecommunications, LLC (“Locus”). By enrolling or participating in the Program you: A. Acknowledge that you have read and under this Agreement and agree to these Program Terms and Conditions; B. Agree to the term of the Privacy Policy available at h2owireless.com; and C. Agree to the Terms and Conditions available at h2owireless.com. By enrolling in the Program, you consent to the release of your personal information, including but not limited to name and email address, to third parties to administer the Program. You agree to receive communications, including but not limited to via email and phone number, by H2O Wireless and third parties administering the Program, regarding your Program activity. Any information collected by Locus based on your participation in the Program is governed by the Privacy Policy. This Program is separate and distinct from and may not be combined with any other programs offered by Locus, including but not limited to, rewards, loyalty, promotions, bonus, sweepstakes, or contests. Your participation in any such other programs is subject to the applicable terms and conditions of that program and not these Program Terms and Conditions. Unless otherwise defined herein, capitalized terms used in these Program Terms and Conditions have the meaning given to them in the Terms and Conditions referenced above. “You” means an H2O customer, a Participant, and/or a Referrer, as the case may be. 2. PROGRAM ELIGIBILITY A. You will not be automatically enrolled in the Program. You must enroll in the Program and participate in the program to receive Program rewards. Participation in the H2O Wireless Rewards Program and the rewards of the Program are offered at the sole discretion of H2O Wireless (“H2O”). “Program” means the H2O Wireless Rewards Program including the Refer a Friend Program. B. Only H2O customers who meet the following eligibility requirements may enroll in the Program through h2owireless.com: (i) a resident of the fifty (50) United States or Puerto Rico, (ii) who is eighteen (18) years of age or older as of the date of enrollment in the Program, (iii) has a current account for H2O services and/or products and it is in good standing, and (iv) which account has an active MDN for the H2O Monthly plan or H2O Pay As You Go plan and valid email address. “MDN” means a Mobile Directory Number – the actual phone number one would dial to reach a specific mobile phone. “H2O Rewards Account” means the account as described above and which is registered for the Program. Excluded from the program are: Multiline Program, Auto Recharge, and Friends & Family Plan. C. Participation in the Program is limited to one (1) per eligible H2O customer. D. Participation in the Program is nontransferable and subject to the present and future Program Terms and Conditions. This Program is void to the extent where prohibited by law. State fees and taxes may apply where required by law. 3. PROGRAM DESCRIPTION AND REWARDS. The Program allows a Participant to earn and redeem rewards (“Points”) in a variety of manners, subject to the terms and conditions contained herein. Points can be redeemed as described herein. “Participant” means an individual enrolled in the Program in accordance with these Program Terms and Conditions. B. A Participant can review his or her rewards balance online at h2owireless.com. C. Purchase of Eligible Reward Items. Two (2) Points for every dollar spent on the products and/or services identified below (“Eligible Rewards Items”) purchased online at h2owireless.com. Only purchases made on h2owireless.com, subject to these Program Terms and Conditions, qualify for Points. Points are awarded on the retail price at the time of purchase of the below identified Eligible Rewards Items. Points are NOT calculated or awarded on any other charges, shipping, or taxes. Eligible Rewards Items are as follows:
D. Other Ways to Earn Points. (i) Other than by the purchase of Eligible Rewards Items as identified above, a Participant may earn Points as follows:
E. Once earned, Points will be added to
your H2O Rewards Account and available for use. Notification of
earned rewards Points will be delivered via email to the email address
or sms associated with the H2O Rewards Account.
F. Points cannot be earned on purchases made prior to the time of enrollment of the Participant in the Program. Points cannot be redeemed for purchases made prior to the time Points are earned. Points are not your property. Points cannot be earned on recharges of any line in auto recharge and an H2O Friends and Family Plan, including, but not limited to, the primary line. G. Points have no fixed or cash value and cannot be redeemed for cash, a cash equivalent, or any other monetary value, including but not limited, to credit on an H2O Rewards Account. Points are non-transferrable and cannot be purchased, sold, bartered, or given or combined between multiple Participants or between H2O Rewards Accounts. Points can only be used to redeem rewards on h2owireless.com as described herein. 4. REDEEMING POINTS A. Points can only be redeemed by Participants as discounts off the retail price at the time of purchase of an eligible purchase item identified below (“EPI”) purchased by Participant online at h2owireless.com and will be applied to MDN. B. 100 Points = One dollar and zero cents ($1.00) in available discount off the retail price at the time of purchase of an EPI identified on h2owireless.com. Each redemption of Points requires a minimum of 100 Points applied to each occurrence of redemption. C. You can choose to redeem your available points at the time of checkout on h2owireless.com. D. Points can be redeemed for the following EPI:
Points cannot be redeemed for any other charges, fees, shipping, and/or
taxes.
E. Forfeiture of Points; Cancellation of the MDN associated with the H2O Rewards Account. Once Points are redeemed, they are forfeited even if you later cancel or return the purchased EPI. If Points are redeemed on a purchase that is later cancelled or returned by Participant, the redeemed Points are forfeited and will not be replaced in your account. Points awarded for a purchase that is cancelled/returned will be revoked. Points cannot be redeemed on recharges of any line in a Friends and Family Plan, including, but not limited to, the primary line. 5. EXPIRATION OF POINTS A. Points earned by and awarded to a Participant from the purchase of an Eligible Rewards Item expire one (1) year after the date earned. B. Points earned by and awarded to a Participant from (i) New Activations (excluding H2O Family and Friends Plan activations); and (ii) H2O Wireless Refer a Friend Program expire ninety (90) days after the date earned. 6. H2O WIRELESS REFER A FRIEND PROGRAM; TERMS AND CONDITIONS Except as otherwise noted herein, the RAF Program (as that term is defined below) is governed by the Program Terms and Conditions. H2O Pay As You Go plans are NOT included in the RAF program. A. General Participation in the H2O Wireless Refer a Friend Program (“RAF Program”) and the rewards of the RAF Program are offered at the sole discretion of H2O. Participation in the RAF Program is subject to the present and future H2O Wireless Refer a Friend Program Terms and Conditions (“RAF Terms and Conditions”) and Program Terms and Conditions. B. Eligibility and Enrolling in the Program “Referrers” are defined as a Participant who initiates a referral through h2owireless.com. “Referees” are defined as non-customers who purchase an H2O Monthly plan and complete the activation process pursuant to a Participant’s referral. “non-customer” means an individual who does not have an account with H2O. Referrers: To earn Points on referrals, the Referrer must enroll in the RAF Program through h2owireless.com and agree to the RAF Terms and Conditions. Certain personal information of the Referee is required, including but not limited to a valid email address. You may only participate in the RAF Program using one H2O Rewards Account. You cannot refer yourself. By enrolling in the RAF Program, you consent to the release of your personal information, including but not limited to name and email address, to third parties to administer the Program. You agree to receive communications, including but not limited to via email, by H2O and third parties administering the RAF Program, regarding your RAF Program activity. Referees: Referees cannot be current H2O customers; referees must be new H2O customers. C. RAF Program Participation – How it Works In order for the Referrer to receive the Points identified herein, a Referee must complete the following steps within ninety (90) days from the date of receipt by Referee of the coupon code generated by the Referrer clicking on the link in the offer: (i) purchase an H2O Monthly plan using the coupon code provided; (ii) activate the H2O Monthly plan; and (iii) create an H2O Rewards Account. Referrers may only send referrals through means authorized and identified by H2O (e.g., email, specified social media sites). Self-referrals, renewing your plan, and adding a line to an existing account do not qualify for the RAF Program or Points. Referrers will not be awarded any Points for: (i) rejected referrals; (ii) referrals not received for any reason; (iii) a referee’s activation of a qualifying plan without using the coupon code generated by the referral link; and/or (iv) referrals or activations that are found ineligible by H2O in its sole discretion. H2O reserves the right to reject and/or find ineligible any referral for any reason or for no reason at sole discretion. D. Participation in the RAF Program may require you to disclose personal information about you and the persons you refer, such as name and email address. You agree to allow us to communicate with the persons you refer about your participation in the RAF Program (i.e. disclosing that an invitation was sent by you). Referrals should only be used for personal and non-commercial purposes. You may not send referrals using spam, display advertising, unsolicited commercial email, sponsored links, links on message boards or forums, or any other form of illegal means of communication. E. H2O reserves the right to void any referral and/or Points, and terminate your account and/or eligibility to earn Points, if H2O, in its sole discretion, suspects or determines that you have violated any of the RAF Terms and Conditions or engaged in any fraudulent activity. F. RAF Program Points are subject to the Program Terms and Conditions. For qualifying uses of Points, limitations of use, and complete details, see the Program Terms and Conditions at h2owireless.com. Referrers: Referrers earn 3,000 points for each Referee who completes the steps outlined in these RAF Terms and Conditions. Points are allocated to the Referrer upon the Referee’s qualifying purchase and activation of a H2O Monthly plan. RAF points are applied to MDN not email. You can refer up to 10 people per month, which is a total of 120 referrals per year. Referees: Referees earn 1000 Points upon completion of the steps outlined herein, including but not limited to, the purchase and activation of an H2O Monthly plan using the coupon code generated from the referral. Limit to one (1) H2O Rewards Account per individual per year. 7. LIMITATION OF WARRANTY A. THE PROGRAM IS BEING PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO EXPRESS OR IMPLIED WARRANTY OR CONDITION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, H2O EXCLUDES ALL CONDITIONS, REPRESENTATIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED INTO OR INCORPORATED INTO THIS AGREEMENT, WHETHER BY STATUTE, COMMON LAW OR OTHERWISE, WITH RESPECT TO THE PROGRAM, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND TERMS AS TO MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR ANY PARTICULAR PURPOSE AND IMPLIED WARRANTIES AND TERMS ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. B. YOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED UPON ANY REPRESENTATION, WARRANTY OR OTHER ASSURANCE GIVEN OR MADE BY OR ON BEHALF OF H2O PRIOR TO THIS AGREEMENT AND YOU WAIVE ALL REMEDIES WHICH, BUT FOR THIS SECTION, MIGHT OTHERWISE BE AVAILABLE TO YOU IN RESPECT OF SUCH REPRESENTATION, WARRANTY OR OTHER ASSURANCE. C. H2O DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OF, OR ACCURACY OF ADVERTISEMENTS FOR, ANY MERCHANDISE, PRODUCTS, OR SERVICES OFFERED OR PROVIDED BY OFFER PROVIDER OR SUPPLIERS IN CONJUNCTION WITH THE PROGRAM. IN ADDITION, ALTHOUGH H2O INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE PROGRAM WEBSITE AND REWARDS APPLICATIONS, H2O DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS THAT THE PROGRAM WEBSITE AND REWARDS APPLICATIONS ARE FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, H2O DOES NOT WARRANT THAT ACCESS TO THE PROGRAM WEBSITE AND REWARDS APPLICATIONS WILL BE UNINTERRUPTED OR ERROR-FREE, AND H2O ASSUMES NO RESPONSIBILITY FOR ANY LOSS OR DAMAGE CAUSED BY YOUR ACCESS, OR INABILITY TO ACCESS, THE PROGRAM WEBSITE. 8. LIMITATION OF LIABILITY EXCEPT TO THE EXTENT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES SHALL H2O, BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING ANY DAMAGES FOR LOSS OF INCOME OR PROFITS)), HOWEVER CAUSED AND WHETHER ARISING BY STATUTE, COMMON LAW OR OTHERWISE IN CONNECTION WITH: (I) THE PROGRAM; (II) ANY FAILURE, DELAY, OR DECISION BY H2O IN ADMINISTERING THE PROGRAM; (III) THE USE OR INABILITY TO USE THIS WEBSITE; (IV) THE USE OR INABILITY TO USE ANY APPLICATION RELATING TO THE PROGRAM, INCLUDING THE REWARDS APPLICATION OR (V) THE PURCHASE OR USE OF ANY MERCHANDISE, PRODUCTS, OR SERVICES OF OFFER PROVIDERS OR SUPPLIERS, EVEN IF H2O, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. 9. INDEMNIFICATION You shall indemnify, defend and hold harmless H2O and its officers, directors, agents and employees from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of, in connection with or related to the following: Your access to or use of the Program, any Program application, or third party content and services; your breach of this Agreement; your violation of law; your negligence or willful misconduct; or your violation of the rights of a third party. You will promptly notify H2O in writing of any third-party claim arising out of or in connection with your access to or use of the Program or any Program website or application. 10. DISPUTES; DISPUTE RESOLUTION BY BINDING ARBITRATION PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. Most customer concerns can be resolved quickly and to the customer's satisfaction by calling our customer service department at 1-800-643-4926. In the unlikely event that H2O's customer service department is unable to resolve a complaint you may have to your satisfaction (or if H2O has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. Any controversy or claim arising out of or relating to this Agreement, Program Terms and Conditions, Program, RAF Program, and/or Points (including, but not limited to, the awarding, redemption or revocation), shall be governed by and construed in accordance with the substantive laws of the state of New Jersey without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws and shall be resolved in accordance with the section titled Mandatory Arbitration of Disputes of the Terms and Conditions located at h2owireless.com. 11. MISCELLANEOUS A. H2O reserves the right to modify the Program and/or the Program Terms and Conditions rules in its sole discretion, including but not limited to the number of points awarded, the types of purchases/activities eligible for points, the redemption rate, Points expiration dates, and conditions of participation in the Program, at any time without prior notice even though the changes may affect the value of the points already accumulated. B. H2O reserves the right to terminate or suspend the Program at any time without prior notice and without further obligations to H2O customers, Participants, Referrers, or Referees. In the event of Program termination, you will be given a reasonable period of time to redeem any accumulated Points as identified in these Program Terms and Conditions. Further, in the event of Program termination, you will no longer continue to earn Points. C. Abuse of the Program, as determined by H2O in its sole judgment, including but not limited to failure to follow Program rules, the sale or barter of points, using multiple accounts in an effort to abuse the Program, and false referrals for the RAF Program, may result in a Participant being disqualified from the Program, forfeiture of accumulated Points, and/or a permanent ban on Program participation. D. These Program Terms and Conditions are separate and independent from the general terms and conditions for H2O Wireless service found at h2owireless.com. © 2023 Locus Telecommunications, LLC. Participants may copy these Official Rules for personal use only and not for any commercial purpose whatsoever. “H2O” and “H2O Wireless” are dbas of Locus. “H2O” is a registered trademark of Locus. Rewards Program and RAF Program are subject to change without notice. All rights reserved. 1 Prices shown above based on current Pay As You Go plan prices, minus the promotional Auto Recharge discount. You must be enrolled in Auto Recharge to receive the shown prices. Terms and conditions apply. h2o® Wireless (“h2o”) service is for personal use in the U.S. only. Calls rounded up to the nearest whole minute. Airtime charges incurred on inbound/outbound calls and voicemail deposits/retrievals. You will be charged for all messages sent (per recipient) by you or to you, regardless of receipt. Data usage applies for sending/receiving MMS. Data usage rounded up to the nearest KB each use. Data speeds limited by device capability/location. International calls charged at the applicable international rate plus airtime. Unused balance rolls over if enrolled in h2o® Wireless Pay As You Go plan and you recharge the same amount as initial balance before the expiration of the h2o® Wireless Pay As You Go Plan; unused balance expires after 90 days for $10, $20, and $30 h2o® Wireless Pay As You Go plans, and 365 days for $100 h2o® Wireless Pay As You Go plan, if not recharged before expiration. By purchasing h2o® Wireless products, you agree to all of the h2o® Wireless Terms & Conditions. Refills have no cash redemption value and are nonrefundable even upon account cancellation. Your account and phone number will be cancelled if the balance remains at $0 for 30 consecutive days. Taxes/fees charged where applicable. Plans/rates/fees subject to change without notice. Service not available in all areas. For full terms and conditions, please click here. BROADBAND TRANSPARENCY DISCLOSURE
To help keep customers informed about our mass market wireless broadband Internet access services (“Broadband Services”), this disclosure describes the Broadband Services we offer and provides information about the network management practices, performance characteristics, and commercial terms applicable to our Broadband Services, consistent with the Federal Communications Commission’s (“FCC’s”) Transparency Rule. Broadband Services provide subscribers with the ability to transmit and receive data from all or substantially all Internet endpoints. As a Mobile Virtual Network Operator (“MVNO”), we provide our Broadband Services using the facilities of our underlying carrier, a leading nationwide wireless provider (“Underlying Carrier”). As a result, while we have some control over aspects of your Broadband Service, we do not actively manage the network you use to receive Broadband Services from us—our Underlying Carrier does. The information provided in this statement should help customers make informed choices about the purchase and use of our Broadband Services, and will assist providers of Internet applications, content, and services in developing, marketing, and maintaining their Internet offerings. The information provided relates to your experience while using the network of our Underlying Carrier and may not describe the practices, performance, or terms you may experience while using extended coverage networks or roaming on affiliated networks. We encourage mass market customers and other users of our Broadband Services to familiarize themselves with this information and to provide us with feedback about our Broadband Services so that we can continue to provide an excellent experience. Nothing in this disclosure changes your rights and obligations, or ours, under our Terms and Conditions, available at https://www.h2owireless.com/terms-conditions, or our Privacy Policy, available at https://www.h2owireless.com/policy. This disclosure is provided for informational purposes only and we may change the information at any time, without notice. Network Practices How does H2O Wireless manage congestion with respect to its Broadband Services? H2O Wireless, through its Underlying Carrier, which owns and operates the network that H2O Wireless uses to provide service, strives to provide a high-quality Internet experience for all of our customers. Like the other networks that make up the Internet, the network of our Underlying Carrier is a shared network, which means that the transmission links and other network resources used to provide Broadband Services are shared among H2O Wireless’ subscribers and other users of our Underlying Carrier’s network. Our Underlying Carrier manages its network for the benefit of all users based on a variety of factors and its technical expertise. Nonetheless, temporary congestion may occur when a large number of customers in a concentrated area access the network at the same time or when some customers consume a very large amount of network capacity during busy periods, such as at stadium events, during peak usage times, or during planned network maintenance. Congestion-Based Data Management. During periods of congestion, our Underlying Carrier may use Congestion-Based Data Management to manage the network. With Congestion-Based Data Management, customers with unlimited data plans may experience reduced data speeds and increased latency as compared to other customers using the same cell site. However, even when subject to this congestion management practice, the amount of data these customers may use will never be limited and they will never be subject to data overage charges. Reduced speeds and increased latency may cause websites to load more slowly or affect the performance of data-heavy activities such as video streaming or interactive gaming. Customers subject to Congestion-Based Data Management will experience reduced speeds and increased latency only when they use data at a cell site experiencing network congestion at the same moment. As soon as the congestion at the cell site abates, or if the customer’s session migrates to an uncongested cell site, speed and latency will return to normal. In addition, this network management practice adjusts dynamically to address the amount of congestion, which can start and stop over a very short time period (often measured in fractions of a second), further minimizing any customer impact. Because the amount of congestion at a cell site can vary significantly, the performance impact for affected unlimited data plan customers may also vary significantly, but such impact will last only as long as the site is congested. Buffer Tuning. With the ever increasing growth in smart phone and tablet usage on wireless networks, and the growing prevalence of video downloads, our Underlying Carrier has deployed a reasonable network management video optimization technique in its mobile data network. That technique delivers recorded video to the user’s device in a “just in time” fashion (“Buffer Tuning”). Buffer Tuning only applies to internet browser traffic (HTTP, port 80) for recorded video downloads, regardless of the source, and does not affect real-time streaming video. Without Buffer Tuning, video content may be completely delivered to the device and charged against the user’s data plan regardless of whether it is viewed. With Buffer Tuning, a sufficient amount of video is delivered to the device so that the user can start viewing the video, and the remainder of the video is delivered just in time to the device as needed for uninterrupted viewing. This optimizes the user’s data plan consumption. Additionally, this frees up network resources for all users. Buffer Tuning does not alter video content and should not directly introduce any adverse impact to the viewing experience. Does H2O Wireless limit data usage or provide customers with tools to monitor and control their data usage? H2O Wireless offers prepaid plans with pre-established allotments of data with opportunities to purchase additional data allotments as top-ups. H2O Wireless also offers pay-as-you-go plans, where the availability of data is based on a customer’s account balance. Customers may determine their remaining data by calling customer service. Does H2O Wireless favor certain websites or Internet applications by blocking or throttling traffic, modifying particular protocols, or prioritizing certain traffic on its Broadband Services? No, H2O Wireless does not favor certain websites or Internet applications by blocking or throttling lawful internet traffic on the basis of content, application, service, user, or use of non-harmful devices on its Broadband Services. Nor does H2O Wireless modify particular protocols, protocol ports, or protocol fields in ways not prescribed by the protocol standards, subject to reasonable network management. Additionally, neither H2O Wireless nor its Underlying Carrier directly or indirectly favor some traffic over other traffic (such as through prioritization, resource reservation, or traffic shaping) for any type of consideration. In response to a specific security threat against the networks of our Underlying Carriers or our customers, we or our Underlying Carrier may occasionally need to limit the flow of traffic from certain locations or take other appropriate actions. Additionally, our Underlying Carrier may favor some traffic over other traffic to address the needs of emergency communications, law enforcement, public safety, or national security authorities, consistent with or as permitted by applicable law. How does H2O Wireless handle alleged copyright infringement by subscribers to its Broadband Services? Our Underlying Carrier utilizes a copyright alert process to respond to alleged copyright infringement activities using peer-to-peer file sharing and attempts to educate customers about the importance of protecting copyright and lawful use of content available over the Internet. Under the program, content owners may notify our Underlying Carrier of alleged copyright infringement based on the IP address of a user. Our Underlying Carrier will pass the request to us, and then we will attempt to identify a subscriber account based on that IP address and forward a copyright alert to that subscriber, advising the subscriber of the allegation and providing information about online copyright infringement, so that the subscriber, as the account holder, can take steps to prevent any future possible infringement using the Broadband Services. If a subscriber receives additional alerts, we may temporarily redirect the subscriber to a webpage where the subscriber must review material on the importance of copyright and the lawful use of content available over the Internet. Upon completion of this review, such redirection will be discontinued and the subscriber’s Broadband Services will be restored to normal. If a subscriber continues to receive alerts, we or our Underlying Carrier may take action consistent with Section 512(i) of the Digital Millennium Copyright Act, which may result in termination of the subscriber’s Broadband Services. Subscriber personal information is protected throughout this process—we will not provide such information to content owners unless required to do so by court order. What practices has H2O Wireless adopted to manage network security? As an MVNO, H2O Wireless does not have the ability to manage the security of its Underlying Carrier’s network. However, our Underlying Carrier proactively monitors network activity to help guard against a wide range of security threats, including viruses, botnets, worms, distributed denial of service attacks, SPAM, and other harmful activity. We cannot guarantee that you will not encounter unwanted, harmful, or malicious internet traffic while using our Broadband Services and encourage you to adopt your own reasonable security practices. Our Underlying Carrier uses a variety of network tools to monitor network activity and health to maintain its stability and functionality, to protect the network against threats, and for other operational purposes. As our service provider, our Underlying Carrier stores the information it gathers through this monitoring for only as long as we have a business purpose for our Underlying Carrier to maintain it. Our Privacy Policy further describes how we collect, use, and share this information. You can view our Privacy Policy at https://www.h2owireless.com/policy. If our Underlying Carrier detects a security threat, it will typically attempt to isolate the threat and minimize the impact to network services. It may use a variety of security measures to protect the network, including blocking malicious or unlawful traffic, redirecting the flow of traffic over some portions of the network, or taking other actions to address the threat. For example, it blocks certain ports that transfer malicious or disruptive traffic (such as Ports 25, 135, 139, 445, and 1900) and may block additional ports in the future based upon threat assessments. It also attempts to limit actions to the specific portions of the network or customer base impacted by the security threat and only for as long as necessary to mitigate the threat. Our Underlying Carrier may scan or analyze network addresses that are registered through the Underlying Carrier, including addresses that may have been delegated to customers, and/or routes that originate from the Underlying Carrier’s networks to detect vulnerabilities that might be used to compromise the assets of H2O Wireless, our Underlying Carrier, its subscribers, or our subscribers or that might be used in attacks against others. In doing so, it seeks to avoid disrupting network service to customers. We and our Underlying Carrier may use information derived from these activities to identify and address security issues or to notify subscribers of issues. Does H2O Wireless restrict the types of devices that customers can use with its Broadband Services? H2O Wireless’ customers may attach 3G-, 4G-, 4G-LTE, or 5G-capable devices of their choice to our Broadband Services, so long as the devices are FCC-approved, are compatible with the technology used in our Underlying Carrier’s network, do not harm the network or other users, and are not designed only for accessing data services. Devices must also be used in a manner consistent with our Terms and Conditions, including our Authorized Use policy. For example, some data plans are designated for use with only a basic phone or smartphone, in which case customers may not use their devices as a personal hotspot while other plans explicitly allow customers to use their devices as a personal hotspot. Our Underlying Carrier has retired its 2G network, and as a result, 2G-only capable devices will not be activated to attach to our Broadband Services. customers may not use their devices as a personal hotspot while other plans explicitly allow
customers to use their devices as a personal hotspot. Our Underlying Carrier has retired its 2G network, and as a result, 2G-only capable devices will not be activated to attach to our Broadband Services. Performance Characteristics What factors affect the performance of my Broadband Services? End-to-end performance of your service can depend on a variety of factors, many of which are outside of our control, including: your location relative to our coverage area, your proximity to a cell site, the capacity of the cell site, the number of other subscribers connected to the same cell site, the number of subscribers simultaneously using the network, the services other users are using, topography, weather, obstructions, use inside a building or a moving vehicle, radio frequency interference, the capabilities of your device, the applications you are using, the server with which you are communicating through your usage, the destination of your Internet traffic, overall traffic on the Internet, whether there are network outages, and applicable network management practices as discussed above. In addition, our Underlying Carrier has designed its wireless services to provide our customers with a high-quality voice experience during simultaneous voice and data sessions, which may affect data performance, including, but not limited to, a temporary reduction in speed to minimize the likelihood of dropped calls. Although our Underlying Carrier engineers its network to accommodate all users and user types based on a variety of factors, including average and anticipated peak usage of the network, many factors cannot be anticipated or are outside of our and our Underlying Carrier’s control. These factors can impact the availability of network resources for Broadband Services at any particular time. What performance can I expect from H2O Wireless’ Broadband Services? We and our Underlying Carrier each strive to manage the networks to provide you optimal performance. However, because many different factors can affect the performance of Broadband Services, as discussed above, neither we nor our Underlying Carrier guarantee specific performance levels of our Broadband Services. Broadband Service performance is generally evaluated based on speed and latency. The speed and latency you can expect to receive using our Broadband Services are described below. Our speed and latency measurements are based on data from third-party, crowd-sourced testing of actual network performance compiled by our Underlying Carrier. The ranges provided below represent network performance nationally between the 25th and 75th percentile and you may occasionally experience performance levels outside our estimated ranges. Speed Speed reflects the capacity at which Broadband Services can transmit data. This capacity is typically measured in the number of kilobits, megabits, or gigabits that can be transmitted in one second (kbps, Mbps, or Gbps). Some applications, like a short email without attachments or basic web browsing, do not require high-speed service to function optimally. Other activities, like transferring large data files, can be performed faster with higher-speed services. The speeds you receive from our Broadband Services may not be optimal for certain applications, particularly those involving real-time or near real-time, high-bandwidth uses, such as streaming video or video conferencing. Some plans provide customers with a monthly per line allotment of data after which the data transmission speeds will be reduced to a significantly slower speed (e.g., 256 Kbps) for the remainder of the bill cycle, as set forth in the terms and conditions of the plan. Similarly, for unlimited data plans, data transmission speeds may be reduced to a significantly slower speed (e.g., 128 Kbps) for the remainder of the bill cycle after a specified data use threshold is met. We expect our customers will typically experience speeds within the following ranges, which do not necessarily reflect speeds achievable along the entire end-to-end transmission path to all Internet destinations:
Latency Latency, also known as delay, is the amount of time from when a data packet is sent to when it is received. For Broadband Services, latency is usually expressed as the round-trip time in milliseconds (ms) that it takes for a data packet to travel between two end points on the Internet (from point A to point B and then back to point A). Some applications, such as email, can tolerate a substantial amount of latency without any noticeable impact on the application’s performance. Other applications, such as real-time video conferencing, require lower latency to function properly. End-to-end latency reflects the cumulative effect of the individual latencies that occur along the end-to-end network path. We expect our customers will typically experience the following round-trip latencies when accessing the Internet using our Broadband Services:
Commercial Terms Where can I find the prices and other fees that apply to H2O Wireless’ Broadband Services? Descriptions of the prices and fees applicable to our Broadband Services are available on our website. For more information, please review our rate and data plan information at https://www.h2owireless.com/plan/monthly. H2O Wireless does not charge termination fees. Where can I find the Terms and Conditions and the Authorized Use policy that apply to the H2O Wireless’ Broadband Services? The Terms and Conditions, which includes the Authorized Use policy, can be found at https://www.h2owireless.com/terms-conditions. What are H2O Wireless’ privacy practices for its Broadband Services? To learn about our privacy practices for our Broadband Services, please review our Privacy Policy at https://www.h2owireless.com/policy. How can I get assistance if I have a question or concern or need more information about H2O Wireless’ Broadband Services? If you have questions or concerns about our Broadband Services, please contact us using the following information: Email: CustomerService@locus.net Phone: 1-800-643-4926 or 611 from your device during normal business hours: Monday through Sunday, 9:00 a.m. to 12:00 a.m. o Locus Telecommunications, LLC 500 Frank W. Burr Blvd. suite 580 Teaneck, New Jersey 07666 Effective May 2023
(3) Refunds H2O Wireless does not exchange products purchased on www.h2owireless.com unless specifically requested on the Return & Exchange Form. Please allow up to 4-6 weeks to receive your credit card refund which will be applied to the credit card account to which your purchase was initially charged. Taxes and fees charged, if any, shall also be refunded upon submission of a valid refund request. (4) Restrictions & Fees Prepaid account balances and original shipping and handling fees are not refundable.
H2O Wireless Rewards Program Terms and Conditions1. GENERAL
These H2O Wireless Rewards Program Terms and Conditions (“Program Terms and Conditions”) govern your participation in the Program (as that term is defined below) and constitute an agreement (“Agreement”) between you and Locus Telecommunications, LLC (“Locus”). By enrolling or participating in the Program you: A. Acknowledge that you have read and under this Agreement and agree to these Program Terms and Conditions; B. Agree to the term of the Privacy Policy available at h2owireless.com; and C. Agree to the Terms and Conditions available at h2owireless.com. By enrolling in the Program, you consent to the release of your personal information, including but not limited to name and email address, to third parties to administer the Program. You agree to receive communications, including but not limited to via email and phone number, by H2O Wireless and third parties administering the Program, regarding your Program activity. Any information collected by Locus based on your participation in the Program is governed by the Privacy Policy. This Program is separate and distinct from and may not be combined with any other programs offered by Locus, including but not limited to, rewards, loyalty, promotions, bonus, sweepstakes, or contests. Your participation in any such other programs is subject to the applicable terms and conditions of that program and not these Program Terms and Conditions. Unless otherwise defined herein, capitalized terms used in these Program Terms and Conditions have the meaning given to them in the Terms and Conditions referenced above. “You” means an H2O customer, a Participant, and/or a Referrer, as the case may be. 2. PROGRAM ELIGIBILITY A. You will not be automatically enrolled in the Program. You must enroll in the Program and participate in the program to receive Program rewards. Participation in the H2O Wireless Rewards Program and the rewards of the Program are offered at the sole discretion of H2O Wireless (“H2O”). “Program” means the H2O Wireless Rewards Program including the Refer a Friend Program. B. Only H2O customers who meet the following eligibility requirements may enroll in the Program through h2owireless.com: (i) a resident of the fifty (50) United States or Puerto Rico, (ii) who is eighteen (18) years of age or older as of the date of enrollment in the Program, (iii) has a current account for H2O services and/or products and it is in good standing, and (iv) which account has an active MDN for the H2O Monthly plan or H2O Pay As You Go plan and valid email address. “MDN” means a Mobile Directory Number – the actual phone number one would dial to reach a specific mobile phone. “H2O Rewards Account” means the account as described above and which is registered for the Program. Excluded from the program are: Multiline Program, Auto Recharge, and Friends & Family Plan. C. Participation in the Program is limited to one (1) per eligible H2O customer. D. Participation in the Program is nontransferable and subject to the present and future Program Terms and Conditions. This Program is void to the extent where prohibited by law. State fees and taxes may apply where required by law. 3. PROGRAM DESCRIPTION AND REWARDS. The Program allows a Participant to earn and redeem rewards (“Points”) in a variety of manners, subject to the terms and conditions contained herein. Points can be redeemed as described herein. “Participant” means an individual enrolled in the Program in accordance with these Program Terms and Conditions. B. A Participant can review his or her rewards balance online at h2owireless.com. C. Purchase of Eligible Reward Items. Two (2) Points for every dollar spent on the products and/or services identified below (“Eligible Rewards Items”) purchased online at h2owireless.com. Only purchases made on h2owireless.com, subject to these Program Terms and Conditions, qualify for Points. Points are awarded on the retail price at the time of purchase of the below identified Eligible Rewards Items. Points are NOT calculated or awarded on any other charges, shipping, or taxes. Eligible Rewards Items are as follows:
D. Other Ways to Earn Points. (i) Other than by the purchase of Eligible Rewards Items as identified above, a Participant may earn Points as follows:
E. Once earned, Points will be added to
your H2O Rewards Account and available for use. Notification of
earned rewards Points will be delivered via email to the email address
or sms associated with the H2O Rewards Account.
F. Points cannot be earned on purchases made prior to the time of enrollment of the Participant in the Program. Points cannot be redeemed for purchases made prior to the time Points are earned. Points are not your property. Points cannot be earned on recharges of any line in auto recharge and an H2O Friends and Family Plan, including, but not limited to, the primary line. G. Points have no fixed or cash value and cannot be redeemed for cash, a cash equivalent, or any other monetary value, including but not limited, to credit on an H2O Rewards Account. Points are non-transferrable and cannot be purchased, sold, bartered, or given or combined between multiple Participants or between H2O Rewards Accounts. Points can only be used to redeem rewards on h2owireless.com as described herein. 4. REDEEMING POINTS A. Points can only be redeemed by Participants as discounts off the retail price at the time of purchase of an eligible purchase item identified below (“EPI”) purchased by Participant online at h2owireless.com and will be applied to MDN. B. 100 Points = One dollar and zero cents ($1.00) in available discount off the retail price at the time of purchase of an EPI identified on h2owireless.com. Each redemption of Points requires a minimum of 100 Points applied to each occurrence of redemption. C. You can choose to redeem your available points at the time of checkout on h2owireless.com. D. Points can be redeemed for the following EPI:
Points cannot be redeemed for any other charges, fees, shipping, and/or
taxes.
E. Forfeiture of Points; Cancellation of the MDN associated with the H2O Rewards Account. Once Points are redeemed, they are forfeited even if you later cancel or return the purchased EPI. If Points are redeemed on a purchase that is later cancelled or returned by Participant, the redeemed Points are forfeited and will not be replaced in your account. Points awarded for a purchase that is cancelled/returned will be revoked. Points cannot be redeemed on recharges of any line in a Friends and Family Plan, including, but not limited to, the primary line. 5. EXPIRATION OF POINTS A. Points earned by and awarded to a Participant from the purchase of an Eligible Rewards Item expire one (1) year after the date earned. B. Points earned by and awarded to a Participant from (i) New Activations (excluding H2O Family and Friends Plan activations); and (ii) H2O Wireless Refer a Friend Program expire ninety (90) days after the date earned. 6. H2O WIRELESS REFER A FRIEND PROGRAM; TERMS AND CONDITIONS Except as otherwise noted herein, the RAF Program (as that term is defined below) is governed by the Program Terms and Conditions. H2O Pay As You Go plans are NOT included in the RAF program. A. General Participation in the H2O Wireless Refer a Friend Program (“RAF Program”) and the rewards of the RAF Program are offered at the sole discretion of H2O. Participation in the RAF Program is subject to the present and future H2O Wireless Refer a Friend Program Terms and Conditions (“RAF Terms and Conditions”) and Program Terms and Conditions. B. Eligibility and Enrolling in the Program “Referrers” are defined as a Participant who initiates a referral through h2owireless.com. “Referees” are defined as non-customers who purchase an H2O Monthly plan and complete the activation process pursuant to a Participant’s referral. “non-customer” means an individual who does not have an account with H2O. Referrers: To earn Points on referrals, the Referrer must enroll in the RAF Program through h2owireless.com and agree to the RAF Terms and Conditions. Certain personal information of the Referee is required, including but not limited to a valid email address. You may only participate in the RAF Program using one H2O Rewards Account. You cannot refer yourself. By enrolling in the RAF Program, you consent to the release of your personal information, including but not limited to name and email address, to third parties to administer the Program. You agree to receive communications, including but not limited to via email, by H2O and third parties administering the RAF Program, regarding your RAF Program activity. Referees: Referees cannot be current H2O customers; referees must be new H2O customers. C. RAF Program Participation – How it Works In order for the Referrer to receive the Points identified herein, a Referee must complete the following steps within ninety (90) days from the date of receipt by Referee of the coupon code generated by the Referrer clicking on the link in the offer: (i) purchase an H2O Monthly plan using the coupon code provided; (ii) activate the H2O Monthly plan; and (iii) create an H2O Rewards Account. Referrers may only send referrals through means authorized and identified by H2O (e.g., email, specified social media sites). Self-referrals, renewing your plan, and adding a line to an existing account do not qualify for the RAF Program or Points. Referrers will not be awarded any Points for: (i) rejected referrals; (ii) referrals not received for any reason; (iii) a referee’s activation of a qualifying plan without using the coupon code generated by the referral link; and/or (iv) referrals or activations that are found ineligible by H2O in its sole discretion. H2O reserves the right to reject and/or find ineligible any referral for any reason or for no reason at sole discretion. D. Participation in the RAF Program may require you to disclose personal information about you and the persons you refer, such as name and email address. You agree to allow us to communicate with the persons you refer about your participation in the RAF Program (i.e. disclosing that an invitation was sent by you). Referrals should only be used for personal and non-commercial purposes. You may not send referrals using spam, display advertising, unsolicited commercial email, sponsored links, links on message boards or forums, or any other form of illegal means of communication. E. H2O reserves the right to void any referral and/or Points, and terminate your account and/or eligibility to earn Points, if H2O, in its sole discretion, suspects or determines that you have violated any of the RAF Terms and Conditions or engaged in any fraudulent activity. F. RAF Program Points are subject to the Program Terms and Conditions. For qualifying uses of Points, limitations of use, and complete details, see the Program Terms and Conditions at h2owireless.com. Referrers: Referrers earn 3,000 points for each Referee who completes the steps outlined in these RAF Terms and Conditions. Points are allocated to the Referrer upon the Referee’s qualifying purchase and activation of a H2O Monthly plan. RAF points are applied to MDN not email. You can refer up to 10 people per month, which is a total of 120 referrals per year. Referees: Referees earn 1000 Points upon completion of the steps outlined herein, including but not limited to, the purchase and activation of an H2O Monthly plan using the coupon code generated from the referral. Limit to one (1) H2O Rewards Account per individual per year. 7. LIMITATION OF WARRANTY A. THE PROGRAM IS BEING PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO EXPRESS OR IMPLIED WARRANTY OR CONDITION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, H2O EXCLUDES ALL CONDITIONS, REPRESENTATIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED INTO OR INCORPORATED INTO THIS AGREEMENT, WHETHER BY STATUTE, COMMON LAW OR OTHERWISE, WITH RESPECT TO THE PROGRAM, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND TERMS AS TO MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR ANY PARTICULAR PURPOSE AND IMPLIED WARRANTIES AND TERMS ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. B. YOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED UPON ANY REPRESENTATION, WARRANTY OR OTHER ASSURANCE GIVEN OR MADE BY OR ON BEHALF OF H2O PRIOR TO THIS AGREEMENT AND YOU WAIVE ALL REMEDIES WHICH, BUT FOR THIS SECTION, MIGHT OTHERWISE BE AVAILABLE TO YOU IN RESPECT OF SUCH REPRESENTATION, WARRANTY OR OTHER ASSURANCE. C. H2O DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OF, OR ACCURACY OF ADVERTISEMENTS FOR, ANY MERCHANDISE, PRODUCTS, OR SERVICES OFFERED OR PROVIDED BY OFFER PROVIDER OR SUPPLIERS IN CONJUNCTION WITH THE PROGRAM. IN ADDITION, ALTHOUGH H2O INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE PROGRAM WEBSITE AND REWARDS APPLICATIONS, H2O DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS THAT THE PROGRAM WEBSITE AND REWARDS APPLICATIONS ARE FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, H2O DOES NOT WARRANT THAT ACCESS TO THE PROGRAM WEBSITE AND REWARDS APPLICATIONS WILL BE UNINTERRUPTED OR ERROR-FREE, AND H2O ASSUMES NO RESPONSIBILITY FOR ANY LOSS OR DAMAGE CAUSED BY YOUR ACCESS, OR INABILITY TO ACCESS, THE PROGRAM WEBSITE. 8. LIMITATION OF LIABILITY EXCEPT TO THE EXTENT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES SHALL H2O, BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING ANY DAMAGES FOR LOSS OF INCOME OR PROFITS)), HOWEVER CAUSED AND WHETHER ARISING BY STATUTE, COMMON LAW OR OTHERWISE IN CONNECTION WITH: (I) THE PROGRAM; (II) ANY FAILURE, DELAY, OR DECISION BY H2O IN ADMINISTERING THE PROGRAM; (III) THE USE OR INABILITY TO USE THIS WEBSITE; (IV) THE USE OR INABILITY TO USE ANY APPLICATION RELATING TO THE PROGRAM, INCLUDING THE REWARDS APPLICATION OR (V) THE PURCHASE OR USE OF ANY MERCHANDISE, PRODUCTS, OR SERVICES OF OFFER PROVIDERS OR SUPPLIERS, EVEN IF H2O, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. 9. INDEMNIFICATION You shall indemnify, defend and hold harmless H2O and its officers, directors, agents and employees from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of, in connection with or related to the following: Your access to or use of the Program, any Program application, or third party content and services; your breach of this Agreement; your violation of law; your negligence or willful misconduct; or your violation of the rights of a third party. You will promptly notify H2O in writing of any third-party claim arising out of or in connection with your access to or use of the Program or any Program website or application. 10. DISPUTES; DISPUTE RESOLUTION BY BINDING ARBITRATION PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. Most customer concerns can be resolved quickly and to the customer's satisfaction by calling our customer service department at 1-800-643-4926. In the unlikely event that H2O's customer service department is unable to resolve a complaint you may have to your satisfaction (or if H2O has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. Any controversy or claim arising out of or relating to this Agreement, Program Terms and Conditions, Program, RAF Program, and/or Points (including, but not limited to, the awarding, redemption or revocation), shall be governed by and construed in accordance with the substantive laws of the state of New Jersey without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws and shall be resolved in accordance with the section titled Mandatory Arbitration of Disputes of the Terms and Conditions located at h2owireless.com. 11. MISCELLANEOUS A. H2O reserves the right to modify the Program and/or the Program Terms and Conditions rules in its sole discretion, including but not limited to the number of points awarded, the types of purchases/activities eligible for points, the redemption rate, Points expiration dates, and conditions of participation in the Program, at any time without prior notice even though the changes may affect the value of the points already accumulated. B. H2O reserves the right to terminate or suspend the Program at any time without prior notice and without further obligations to H2O customers, Participants, Referrers, or Referees. In the event of Program termination, you will be given a reasonable period of time to redeem any accumulated Points as identified in these Program Terms and Conditions. Further, in the event of Program termination, you will no longer continue to earn Points. C. Abuse of the Program, as determined by H2O in its sole judgment, including but not limited to failure to follow Program rules, the sale or barter of points, using multiple accounts in an effort to abuse the Program, and false referrals for the RAF Program, may result in a Participant being disqualified from the Program, forfeiture of accumulated Points, and/or a permanent ban on Program participation. D. These Program Terms and Conditions are separate and independent from the general terms and conditions for H2O Wireless service found at h2owireless.com. © 2023 Locus Telecommunications, LLC. Participants may copy these Official Rules for personal use only and not for any commercial purpose whatsoever. “H2O” and “H2O Wireless” are dbas of Locus. “H2O” is a registered trademark of Locus. Rewards Program and RAF Program are subject to change without notice. All rights reserved.
1 Promotion requires new service line or ported number and activation of one (1) h2o® Wireless $20 or $40 Monthly Unlimited Plan between October 1, 2018 to August 31, 2019 or one (1) h2o® Wireless $30 Monthly Unlimited Plan between December 1, 2018 to August 31, 2019 to be eligible to receive 500 MB, 1 GB, or 3 GB FREE 4G LTE data (Bonus Data) for first month and two (2) subsequent recharges. Subsequent second and third recharges must be made by December 31, 2019 in order to receive Bonus Data for second and third recharges. After initial recharge, and two (2) subsequent recharges, the data allotments are reverted back to the following: 500 MB for $20 Monthly Unlimited Plan, 3 GB for $30 Monthly Unlimited Plan, and 7 GB for $40 Monthly Unlimited Plan for subsequent plan cycles.
2 International Features include unlimited int’l talk, international talk credit and unlimited international texting. Unlimited landline calls to 50+ Countries; select countries also include unlimited calls to cell phones. For more details, please click here. 3 Download speeds max of 8Mpbs (LTE)/4Mbps (4G). Videos stream at DVD Quality (480p). BROADBAND TRANSPARENCY DISCLOSURE
To help keep customers informed about our mass market wireless broadband Internet access services (“Broadband Services”), this disclosure describes the Broadband Services we offer and provides information about the network management practices, performance characteristics, and commercial terms applicable to our Broadband Services, consistent with the Federal Communications Commission’s (“FCC’s”) Transparency Rule. Broadband Services provide subscribers with the ability to transmit and receive data from all or substantially all Internet endpoints. As a Mobile Virtual Network Operator (“MVNO”), we provide our Broadband Services using the facilities of our underlying carrier, a leading nationwide wireless provider (“Underlying Carrier”). As a result, while we have some control over aspects of your Broadband Service, we do not actively manage the network you use to receive Broadband Services from us—our Underlying Carrier does. The information provided in this statement should help customers make informed choices about the purchase and use of our Broadband Services, and will assist providers of Internet applications, content, and services in developing, marketing, and maintaining their Internet offerings. The information provided relates to your experience while using the network of our Underlying Carrier and may not describe the practices, performance, or terms you may experience while using extended coverage networks or roaming on affiliated networks. We encourage mass market customers and other users of our Broadband Services to familiarize themselves with this information and to provide us with feedback about our Broadband Services so that we can continue to provide an excellent experience. Nothing in this disclosure changes your rights and obligations, or ours, under our Terms and Conditions, available at https://www.h2owireless.com/terms-conditions, or our Privacy Policy, available at https://www.h2owireless.com/policy. This disclosure is provided for informational purposes only and we may change the information at any time, without notice. Network Practices How does H2O Wireless manage congestion with respect to its Broadband Services? H2O Wireless, through its Underlying Carrier, which owns and operates the network that H2O Wireless uses to provide service, strives to provide a high-quality Internet experience for all of our customers. Like the other networks that make up the Internet, the network of our Underlying Carrier is a shared network, which means that the transmission links and other network resources used to provide Broadband Services are shared among H2O Wireless’ subscribers and other users of our Underlying Carrier’s network. Our Underlying Carrier manages its network for the benefit of all users based on a variety of factors and its technical expertise. Nonetheless, temporary congestion may occur when a large number of customers in a concentrated area access the network at the same time or when some customers consume a very large amount of network capacity during busy periods, such as at stadium events, during peak usage times, or during planned network maintenance. Congestion-Based Data Management. During periods of congestion, our Underlying Carrier may use Congestion-Based Data Management to manage the network. With Congestion-Based Data Management, customers with unlimited data plans may experience reduced data speeds and increased latency as compared to other customers using the same cell site. However, even when subject to this congestion management practice, the amount of data these customers may use will never be limited and they will never be subject to data overage charges. Reduced speeds and increased latency may cause websites to load more slowly or affect the performance of data-heavy activities such as video streaming or interactive gaming. Customers subject to Congestion-Based Data Management will experience reduced speeds and increased latency only when they use data at a cell site experiencing network congestion at the same moment. As soon as the congestion at the cell site abates, or if the customer’s session migrates to an uncongested cell site, speed and latency will return to normal. In addition, this network management practice adjusts dynamically to address the amount of congestion, which can start and stop over a very short time period (often measured in fractions of a second), further minimizing any customer impact. Because the amount of congestion at a cell site can vary significantly, the performance impact for affected unlimited data plan customers may also vary significantly, but such impact will last only as long as the site is congested. Buffer Tuning. With the ever increasing growth in smart phone and tablet usage on wireless networks, and the growing prevalence of video downloads, our Underlying Carrier has deployed a reasonable network management video optimization technique in its mobile data network. That technique delivers recorded video to the user’s device in a “just in time” fashion (“Buffer Tuning”). Buffer Tuning only applies to internet browser traffic (HTTP, port 80) for recorded video downloads, regardless of the source, and does not affect real-time streaming video. Without Buffer Tuning, video content may be completely delivered to the device and charged against the user’s data plan regardless of whether it is viewed. With Buffer Tuning, a sufficient amount of video is delivered to the device so that the user can start viewing the video, and the remainder of the video is delivered just in time to the device as needed for uninterrupted viewing. This optimizes the user’s data plan consumption. Additionally, this frees up network resources for all users. Buffer Tuning does not alter video content and should not directly introduce any adverse impact to the viewing experience. Does H2O Wireless limit data usage or provide customers with tools to monitor and control their data usage? H2O Wireless offers prepaid plans with pre-established allotments of data with opportunities to purchase additional data allotments as top-ups. H2O Wireless also offers pay-as-you-go plans, where the availability of data is based on a customer’s account balance. Customers may determine their remaining data by calling customer service. Does H2O Wireless favor certain websites or Internet applications by blocking or throttling traffic, modifying particular protocols, or prioritizing certain traffic on its Broadband Services? No, H2O Wireless does not favor certain websites or Internet applications by blocking or throttling lawful internet traffic on the basis of content, application, service, user, or use of non-harmful devices on its Broadband Services. Nor does H2O Wireless modify particular protocols, protocol ports, or protocol fields in ways not prescribed by the protocol standards, subject to reasonable network management. Additionally, neither H2O Wireless nor its Underlying Carrier directly or indirectly favor some traffic over other traffic (such as through prioritization, resource reservation, or traffic shaping) for any type of consideration. In response to a specific security threat against the networks of our Underlying Carriers or our customers, we or our Underlying Carrier may occasionally need to limit the flow of traffic from certain locations or take other appropriate actions. Additionally, our Underlying Carrier may favor some traffic over other traffic to address the needs of emergency communications, law enforcement, public safety, or national security authorities, consistent with or as permitted by applicable law. How does H2O Wireless handle alleged copyright infringement by subscribers to its Broadband Services? Our Underlying Carrier utilizes a copyright alert process to respond to alleged copyright infringement activities using peer-to-peer file sharing and attempts to educate customers about the importance of protecting copyright and lawful use of content available over the Internet. Under the program, content owners may notify our Underlying Carrier of alleged copyright infringement based on the IP address of a user. Our Underlying Carrier will pass the request to us, and then we will attempt to identify a subscriber account based on that IP address and forward a copyright alert to that subscriber, advising the subscriber of the allegation and providing information about online copyright infringement, so that the subscriber, as the account holder, can take steps to prevent any future possible infringement using the Broadband Services. If a subscriber receives additional alerts, we may temporarily redirect the subscriber to a webpage where the subscriber must review material on the importance of copyright and the lawful use of content available over the Internet. Upon completion of this review, such redirection will be discontinued and the subscriber’s Broadband Services will be restored to normal. If a subscriber continues to receive alerts, we or our Underlying Carrier may take action consistent with Section 512(i) of the Digital Millennium Copyright Act, which may result in termination of the subscriber’s Broadband Services. Subscriber personal information is protected throughout this process—we will not provide such information to content owners unless required to do so by court order. What practices has H2O Wireless adopted to manage network security? As an MVNO, H2O Wireless does not have the ability to manage the security of its Underlying Carrier’s network. However, our Underlying Carrier proactively monitors network activity to help guard against a wide range of security threats, including viruses, botnets, worms, distributed denial of service attacks, SPAM, and other harmful activity. We cannot guarantee that you will not encounter unwanted, harmful, or malicious internet traffic while using our Broadband Services and encourage you to adopt your own reasonable security practices. Our Underlying Carrier uses a variety of network tools to monitor network activity and health to maintain its stability and functionality, to protect the network against threats, and for other operational purposes. As our service provider, our Underlying Carrier stores the information it gathers through this monitoring for only as long as we have a business purpose for our Underlying Carrier to maintain it. Our Privacy Policy further describes how we collect, use, and share this information. You can view our Privacy Policy at https://www.h2owireless.com/policy. If our Underlying Carrier detects a security threat, it will typically attempt to isolate the threat and minimize the impact to network services. It may use a variety of security measures to protect the network, including blocking malicious or unlawful traffic, redirecting the flow of traffic over some portions of the network, or taking other actions to address the threat. For example, it blocks certain ports that transfer malicious or disruptive traffic (such as Ports 25, 135, 139, 445, and 1900) and may block additional ports in the future based upon threat assessments. It also attempts to limit actions to the specific portions of the network or customer base impacted by the security threat and only for as long as necessary to mitigate the threat. Our Underlying Carrier may scan or analyze network addresses that are registered through the Underlying Carrier, including addresses that may have been delegated to customers, and/or routes that originate from the Underlying Carrier’s networks to detect vulnerabilities that might be used to compromise the assets of H2O Wireless, our Underlying Carrier, its subscribers, or our subscribers or that might be used in attacks against others. In doing so, it seeks to avoid disrupting network service to customers. We and our Underlying Carrier may use information derived from these activities to identify and address security issues or to notify subscribers of issues. Does H2O Wireless restrict the types of devices that customers can use with its Broadband Services? H2O Wireless’ customers may attach 3G-, 4G-, 4G-LTE, or 5G-capable devices of their choice to our Broadband Services, so long as the devices are FCC-approved, are compatible with the technology used in our Underlying Carrier’s network, do not harm the network or other users, and are not designed only for accessing data services. Devices must also be used in a manner consistent with our Terms and Conditions, including our Authorized Use policy. For example, some data plans are designated for use with only a basic phone or smartphone, in which case customers may not use their devices as a personal hotspot while other plans explicitly allow customers to use their devices as a personal hotspot. Our Underlying Carrier has retired its 2G network, and as a result, 2G-only capable devices will not be activated to attach to our Broadband Services. customers may not use their devices as a personal hotspot while other plans explicitly allow
customers to use their devices as a personal hotspot. Our Underlying Carrier has retired its 2G network, and as a result, 2G-only capable devices will not be activated to attach to our Broadband Services. Performance Characteristics What factors affect the performance of my Broadband Services? End-to-end performance of your service can depend on a variety of factors, many of which are outside of our control, including: your location relative to our coverage area, your proximity to a cell site, the capacity of the cell site, the number of other subscribers connected to the same cell site, the number of subscribers simultaneously using the network, the services other users are using, topography, weather, obstructions, use inside a building or a moving vehicle, radio frequency interference, the capabilities of your device, the applications you are using, the server with which you are communicating through your usage, the destination of your Internet traffic, overall traffic on the Internet, whether there are network outages, and applicable network management practices as discussed above. In addition, our Underlying Carrier has designed its wireless services to provide our customers with a high-quality voice experience during simultaneous voice and data sessions, which may affect data performance, including, but not limited to, a temporary reduction in speed to minimize the likelihood of dropped calls. Although our Underlying Carrier engineers its network to accommodate all users and user types based on a variety of factors, including average and anticipated peak usage of the network, many factors cannot be anticipated or are outside of our and our Underlying Carrier’s control. These factors can impact the availability of network resources for Broadband Services at any particular time. What performance can I expect from H2O Wireless’ Broadband Services? We and our Underlying Carrier each strive to manage the networks to provide you optimal performance. However, because many different factors can affect the performance of Broadband Services, as discussed above, neither we nor our Underlying Carrier guarantee specific performance levels of our Broadband Services. Broadband Service performance is generally evaluated based on speed and latency. The speed and latency you can expect to receive using our Broadband Services are described below. Our speed and latency measurements are based on data from third-party, crowd-sourced testing of actual network performance compiled by our Underlying Carrier. The ranges provided below represent network performance nationally between the 25th and 75th percentile and you may occasionally experience performance levels outside our estimated ranges. Speed Speed reflects the capacity at which Broadband Services can transmit data. This capacity is typically measured in the number of kilobits, megabits, or gigabits that can be transmitted in one second (kbps, Mbps, or Gbps). Some applications, like a short email without attachments or basic web browsing, do not require high-speed service to function optimally. Other activities, like transferring large data files, can be performed faster with higher-speed services. The speeds you receive from our Broadband Services may not be optimal for certain applications, particularly those involving real-time or near real-time, high-bandwidth uses, such as streaming video or video conferencing. Some plans provide customers with a monthly per line allotment of data after which the data transmission speeds will be reduced to a significantly slower speed (e.g., 256 Kbps) for the remainder of the bill cycle, as set forth in the terms and conditions of the plan. Similarly, for unlimited data plans, data transmission speeds may be reduced to a significantly slower speed (e.g., 128 Kbps) for the remainder of the bill cycle after a specified data use threshold is met. We expect our customers will typically experience speeds within the following ranges, which do not necessarily reflect speeds achievable along the entire end-to-end transmission path to all Internet destinations:
Latency Latency, also known as delay, is the amount of time from when a data packet is sent to when it is received. For Broadband Services, latency is usually expressed as the round-trip time in milliseconds (ms) that it takes for a data packet to travel between two end points on the Internet (from point A to point B and then back to point A). Some applications, such as email, can tolerate a substantial amount of latency without any noticeable impact on the application’s performance. Other applications, such as real-time video conferencing, require lower latency to function properly. End-to-end latency reflects the cumulative effect of the individual latencies that occur along the end-to-end network path. We expect our customers will typically experience the following round-trip latencies when accessing the Internet using our Broadband Services:
Commercial Terms Where can I find the prices and other fees that apply to H2O Wireless’ Broadband Services? Descriptions of the prices and fees applicable to our Broadband Services are available on our website. For more information, please review our rate and data plan information at https://www.h2owireless.com/plan/monthly. H2O Wireless does not charge termination fees. Where can I find the Terms and Conditions and the Authorized Use policy that apply to the H2O Wireless’ Broadband Services? The Terms and Conditions, which includes the Authorized Use policy, can be found at https://www.h2owireless.com/terms-conditions. What are H2O Wireless’ privacy practices for its Broadband Services? To learn about our privacy practices for our Broadband Services, please review our Privacy Policy at https://www.h2owireless.com/policy. How can I get assistance if I have a question or concern or need more information about H2O Wireless’ Broadband Services? If you have questions or concerns about our Broadband Services, please contact us using the following information: Email: CustomerService@locus.net Phone: 1-800-643-4926 or 611 from your device during normal business hours: Monday through Sunday, 9:00 a.m. to 12:00 a.m. o Locus Telecommunications, LLC 500 Frank W. Burr Blvd. suite 580 Teaneck, New Jersey 07666 Effective May 2023
(3) Refunds H2O Wireless does not exchange products purchased on www.h2owireless.com unless specifically requested on the Return & Exchange Form. Please allow up to 4-6 weeks to receive your credit card refund which will be applied to the credit card account to which your purchase was initially charged. Taxes and fees charged, if any, shall also be refunded upon submission of a valid refund request. (4) Restrictions & Fees Prepaid account balances and original shipping and handling fees are not refundable.
H2O Wireless Rewards Program Terms and Conditions1. GENERAL
These H2O Wireless Rewards Program Terms and Conditions (“Program Terms and Conditions”) govern your participation in the Program (as that term is defined below) and constitute an agreement (“Agreement”) between you and Locus Telecommunications, LLC (“Locus”). By enrolling or participating in the Program you: A. Acknowledge that you have read and under this Agreement and agree to these Program Terms and Conditions; B. Agree to the term of the Privacy Policy available at h2owireless.com; and C. Agree to the Terms and Conditions available at h2owireless.com. By enrolling in the Program, you consent to the release of your personal information, including but not limited to name and email address, to third parties to administer the Program. You agree to receive communications, including but not limited to via email and phone number, by H2O Wireless and third parties administering the Program, regarding your Program activity. Any information collected by Locus based on your participation in the Program is governed by the Privacy Policy. This Program is separate and distinct from and may not be combined with any other programs offered by Locus, including but not limited to, rewards, loyalty, promotions, bonus, sweepstakes, or contests. Your participation in any such other programs is subject to the applicable terms and conditions of that program and not these Program Terms and Conditions. Unless otherwise defined herein, capitalized terms used in these Program Terms and Conditions have the meaning given to them in the Terms and Conditions referenced above. “You” means an H2O customer, a Participant, and/or a Referrer, as the case may be. 2. PROGRAM ELIGIBILITY A. You will not be automatically enrolled in the Program. You must enroll in the Program and participate in the program to receive Program rewards. Participation in the H2O Wireless Rewards Program and the rewards of the Program are offered at the sole discretion of H2O Wireless (“H2O”). “Program” means the H2O Wireless Rewards Program including the Refer a Friend Program. B. Only H2O customers who meet the following eligibility requirements may enroll in the Program through h2owireless.com: (i) a resident of the fifty (50) United States or Puerto Rico, (ii) who is eighteen (18) years of age or older as of the date of enrollment in the Program, (iii) has a current account for H2O services and/or products and it is in good standing, and (iv) which account has an active MDN for the H2O Monthly plan or H2O Pay As You Go plan and valid email address. “MDN” means a Mobile Directory Number – the actual phone number one would dial to reach a specific mobile phone. “H2O Rewards Account” means the account as described above and which is registered for the Program. Excluded from the program are: Multiline Program, Auto Recharge, and Friends & Family Plan. C. Participation in the Program is limited to one (1) per eligible H2O customer. D. Participation in the Program is nontransferable and subject to the present and future Program Terms and Conditions. This Program is void to the extent where prohibited by law. State fees and taxes may apply where required by law. 3. PROGRAM DESCRIPTION AND REWARDS. The Program allows a Participant to earn and redeem rewards (“Points”) in a variety of manners, subject to the terms and conditions contained herein. Points can be redeemed as described herein. “Participant” means an individual enrolled in the Program in accordance with these Program Terms and Conditions. B. A Participant can review his or her rewards balance online at h2owireless.com. C. Purchase of Eligible Reward Items. Two (2) Points for every dollar spent on the products and/or services identified below (“Eligible Rewards Items”) purchased online at h2owireless.com. Only purchases made on h2owireless.com, subject to these Program Terms and Conditions, qualify for Points. Points are awarded on the retail price at the time of purchase of the below identified Eligible Rewards Items. Points are NOT calculated or awarded on any other charges, shipping, or taxes. Eligible Rewards Items are as follows:
D. Other Ways to Earn Points. (i) Other than by the purchase of Eligible Rewards Items as identified above, a Participant may earn Points as follows:
E. Once earned, Points will be added to
your H2O Rewards Account and available for use. Notification of
earned rewards Points will be delivered via email to the email address
or sms associated with the H2O Rewards Account.
F. Points cannot be earned on purchases made prior to the time of enrollment of the Participant in the Program. Points cannot be redeemed for purchases made prior to the time Points are earned. Points are not your property. Points cannot be earned on recharges of any line in auto recharge and an H2O Friends and Family Plan, including, but not limited to, the primary line. G. Points have no fixed or cash value and cannot be redeemed for cash, a cash equivalent, or any other monetary value, including but not limited, to credit on an H2O Rewards Account. Points are non-transferrable and cannot be purchased, sold, bartered, or given or combined between multiple Participants or between H2O Rewards Accounts. Points can only be used to redeem rewards on h2owireless.com as described herein. 4. REDEEMING POINTS A. Points can only be redeemed by Participants as discounts off the retail price at the time of purchase of an eligible purchase item identified below (“EPI”) purchased by Participant online at h2owireless.com and will be applied to MDN. B. 100 Points = One dollar and zero cents ($1.00) in available discount off the retail price at the time of purchase of an EPI identified on h2owireless.com. Each redemption of Points requires a minimum of 100 Points applied to each occurrence of redemption. C. You can choose to redeem your available points at the time of checkout on h2owireless.com. D. Points can be redeemed for the following EPI:
Points cannot be redeemed for any other charges, fees, shipping, and/or
taxes.
E. Forfeiture of Points; Cancellation of the MDN associated with the H2O Rewards Account. Once Points are redeemed, they are forfeited even if you later cancel or return the purchased EPI. If Points are redeemed on a purchase that is later cancelled or returned by Participant, the redeemed Points are forfeited and will not be replaced in your account. Points awarded for a purchase that is cancelled/returned will be revoked. Points cannot be redeemed on recharges of any line in a Friends and Family Plan, including, but not limited to, the primary line. 5. EXPIRATION OF POINTS A. Points earned by and awarded to a Participant from the purchase of an Eligible Rewards Item expire one (1) year after the date earned. B. Points earned by and awarded to a Participant from (i) New Activations (excluding H2O Family and Friends Plan activations); and (ii) H2O Wireless Refer a Friend Program expire ninety (90) days after the date earned. 6. H2O WIRELESS REFER A FRIEND PROGRAM; TERMS AND CONDITIONS Except as otherwise noted herein, the RAF Program (as that term is defined below) is governed by the Program Terms and Conditions. H2O Pay As You Go plans are NOT included in the RAF program. A. General Participation in the H2O Wireless Refer a Friend Program (“RAF Program”) and the rewards of the RAF Program are offered at the sole discretion of H2O. Participation in the RAF Program is subject to the present and future H2O Wireless Refer a Friend Program Terms and Conditions (“RAF Terms and Conditions”) and Program Terms and Conditions. B. Eligibility and Enrolling in the Program “Referrers” are defined as a Participant who initiates a referral through h2owireless.com. “Referees” are defined as non-customers who purchase an H2O Monthly plan and complete the activation process pursuant to a Participant’s referral. “non-customer” means an individual who does not have an account with H2O. Referrers: To earn Points on referrals, the Referrer must enroll in the RAF Program through h2owireless.com and agree to the RAF Terms and Conditions. Certain personal information of the Referee is required, including but not limited to a valid email address. You may only participate in the RAF Program using one H2O Rewards Account. You cannot refer yourself. By enrolling in the RAF Program, you consent to the release of your personal information, including but not limited to name and email address, to third parties to administer the Program. You agree to receive communications, including but not limited to via email, by H2O and third parties administering the RAF Program, regarding your RAF Program activity. Referees: Referees cannot be current H2O customers; referees must be new H2O customers. C. RAF Program Participation – How it Works In order for the Referrer to receive the Points identified herein, a Referee must complete the following steps within ninety (90) days from the date of receipt by Referee of the coupon code generated by the Referrer clicking on the link in the offer: (i) purchase an H2O Monthly plan using the coupon code provided; (ii) activate the H2O Monthly plan; and (iii) create an H2O Rewards Account. Referrers may only send referrals through means authorized and identified by H2O (e.g., email, specified social media sites). Self-referrals, renewing your plan, and adding a line to an existing account do not qualify for the RAF Program or Points. Referrers will not be awarded any Points for: (i) rejected referrals; (ii) referrals not received for any reason; (iii) a referee’s activation of a qualifying plan without using the coupon code generated by the referral link; and/or (iv) referrals or activations that are found ineligible by H2O in its sole discretion. H2O reserves the right to reject and/or find ineligible any referral for any reason or for no reason at sole discretion. D. Participation in the RAF Program may require you to disclose personal information about you and the persons you refer, such as name and email address. You agree to allow us to communicate with the persons you refer about your participation in the RAF Program (i.e. disclosing that an invitation was sent by you). Referrals should only be used for personal and non-commercial purposes. You may not send referrals using spam, display advertising, unsolicited commercial email, sponsored links, links on message boards or forums, or any other form of illegal means of communication. E. H2O reserves the right to void any referral and/or Points, and terminate your account and/or eligibility to earn Points, if H2O, in its sole discretion, suspects or determines that you have violated any of the RAF Terms and Conditions or engaged in any fraudulent activity. F. RAF Program Points are subject to the Program Terms and Conditions. For qualifying uses of Points, limitations of use, and complete details, see the Program Terms and Conditions at h2owireless.com. Referrers: Referrers earn 3,000 points for each Referee who completes the steps outlined in these RAF Terms and Conditions. Points are allocated to the Referrer upon the Referee’s qualifying purchase and activation of a H2O Monthly plan. RAF points are applied to MDN not email. You can refer up to 10 people per month, which is a total of 120 referrals per year. Referees: Referees earn 1000 Points upon completion of the steps outlined herein, including but not limited to, the purchase and activation of an H2O Monthly plan using the coupon code generated from the referral. Limit to one (1) H2O Rewards Account per individual per year. 7. LIMITATION OF WARRANTY A. THE PROGRAM IS BEING PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO EXPRESS OR IMPLIED WARRANTY OR CONDITION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, H2O EXCLUDES ALL CONDITIONS, REPRESENTATIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED INTO OR INCORPORATED INTO THIS AGREEMENT, WHETHER BY STATUTE, COMMON LAW OR OTHERWISE, WITH RESPECT TO THE PROGRAM, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND TERMS AS TO MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR ANY PARTICULAR PURPOSE AND IMPLIED WARRANTIES AND TERMS ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. B. YOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED UPON ANY REPRESENTATION, WARRANTY OR OTHER ASSURANCE GIVEN OR MADE BY OR ON BEHALF OF H2O PRIOR TO THIS AGREEMENT AND YOU WAIVE ALL REMEDIES WHICH, BUT FOR THIS SECTION, MIGHT OTHERWISE BE AVAILABLE TO YOU IN RESPECT OF SUCH REPRESENTATION, WARRANTY OR OTHER ASSURANCE. C. H2O DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OF, OR ACCURACY OF ADVERTISEMENTS FOR, ANY MERCHANDISE, PRODUCTS, OR SERVICES OFFERED OR PROVIDED BY OFFER PROVIDER OR SUPPLIERS IN CONJUNCTION WITH THE PROGRAM. IN ADDITION, ALTHOUGH H2O INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE PROGRAM WEBSITE AND REWARDS APPLICATIONS, H2O DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS THAT THE PROGRAM WEBSITE AND REWARDS APPLICATIONS ARE FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, H2O DOES NOT WARRANT THAT ACCESS TO THE PROGRAM WEBSITE AND REWARDS APPLICATIONS WILL BE UNINTERRUPTED OR ERROR-FREE, AND H2O ASSUMES NO RESPONSIBILITY FOR ANY LOSS OR DAMAGE CAUSED BY YOUR ACCESS, OR INABILITY TO ACCESS, THE PROGRAM WEBSITE. 8. LIMITATION OF LIABILITY EXCEPT TO THE EXTENT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES SHALL H2O, BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING ANY DAMAGES FOR LOSS OF INCOME OR PROFITS)), HOWEVER CAUSED AND WHETHER ARISING BY STATUTE, COMMON LAW OR OTHERWISE IN CONNECTION WITH: (I) THE PROGRAM; (II) ANY FAILURE, DELAY, OR DECISION BY H2O IN ADMINISTERING THE PROGRAM; (III) THE USE OR INABILITY TO USE THIS WEBSITE; (IV) THE USE OR INABILITY TO USE ANY APPLICATION RELATING TO THE PROGRAM, INCLUDING THE REWARDS APPLICATION OR (V) THE PURCHASE OR USE OF ANY MERCHANDISE, PRODUCTS, OR SERVICES OF OFFER PROVIDERS OR SUPPLIERS, EVEN IF H2O, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. 9. INDEMNIFICATION You shall indemnify, defend and hold harmless H2O and its officers, directors, agents and employees from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of, in connection with or related to the following: Your access to or use of the Program, any Program application, or third party content and services; your breach of this Agreement; your violation of law; your negligence or willful misconduct; or your violation of the rights of a third party. You will promptly notify H2O in writing of any third-party claim arising out of or in connection with your access to or use of the Program or any Program website or application. 10. DISPUTES; DISPUTE RESOLUTION BY BINDING ARBITRATION PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. Most customer concerns can be resolved quickly and to the customer's satisfaction by calling our customer service department at 1-800-643-4926. In the unlikely event that H2O's customer service department is unable to resolve a complaint you may have to your satisfaction (or if H2O has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. Any controversy or claim arising out of or relating to this Agreement, Program Terms and Conditions, Program, RAF Program, and/or Points (including, but not limited to, the awarding, redemption or revocation), shall be governed by and construed in accordance with the substantive laws of the state of New Jersey without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws and shall be resolved in accordance with the section titled Mandatory Arbitration of Disputes of the Terms and Conditions located at h2owireless.com. 11. MISCELLANEOUS A. H2O reserves the right to modify the Program and/or the Program Terms and Conditions rules in its sole discretion, including but not limited to the number of points awarded, the types of purchases/activities eligible for points, the redemption rate, Points expiration dates, and conditions of participation in the Program, at any time without prior notice even though the changes may affect the value of the points already accumulated. B. H2O reserves the right to terminate or suspend the Program at any time without prior notice and without further obligations to H2O customers, Participants, Referrers, or Referees. In the event of Program termination, you will be given a reasonable period of time to redeem any accumulated Points as identified in these Program Terms and Conditions. Further, in the event of Program termination, you will no longer continue to earn Points. C. Abuse of the Program, as determined by H2O in its sole judgment, including but not limited to failure to follow Program rules, the sale or barter of points, using multiple accounts in an effort to abuse the Program, and false referrals for the RAF Program, may result in a Participant being disqualified from the Program, forfeiture of accumulated Points, and/or a permanent ban on Program participation. D. These Program Terms and Conditions are separate and independent from the general terms and conditions for H2O Wireless service found at h2owireless.com. © 2023 Locus Telecommunications, LLC. Participants may copy these Official Rules for personal use only and not for any commercial purpose whatsoever. “H2O” and “H2O Wireless” are dbas of Locus. “H2O” is a registered trademark of Locus. Rewards Program and RAF Program are subject to change without notice. All rights reserved.
TERMS AND CONDITIONS
By using H2O Services and Devices, you are bound to the following: (1) the Terms and Conditions, including the binding arbitration clause; (2) the terms and conditions associated with your Service Plan and Devices; (3) the H2O Privacy Policy, available at www.h2owireless.com/policy; and (4) any other policies incorporated into this Agreement by reference. PLEASE READ THESE Terms and Conditions carefully and make sure you understand each provision as they contain important information about the services provided to you and our use of certain information. These Terms and Conditions require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. These Terms and Conditions limit our liability and the remedies available to you in the event of a dispute.
Arbitration Agreement.
BROADBAND TRANSPARENCY DISCLOSURE
To help keep customers informed about our mass market wireless broadband Internet access services (“Broadband Services”), this disclosure describes the Broadband Services we offer and provides information about the network management practices, performance characteristics, and commercial terms applicable to our Broadband Services, consistent with the Federal Communications Commission’s (“FCC’s”) Transparency Rule. Broadband Services provide subscribers with the ability to transmit and receive data from all or substantially all Internet endpoints. As a Mobile Virtual Network Operator (“MVNO”), we provide our Broadband Services using the facilities of our underlying carrier, a leading nationwide wireless provider (“Underlying Carrier”). As a result, while we have some control over aspects of your Broadband Service, we do not actively manage the network you use to receive Broadband Services from us—our Underlying Carrier does. The information provided in this statement should help customers make informed choices about the purchase and use of our Broadband Services, and will assist providers of Internet applications, content, and services in developing, marketing, and maintaining their Internet offerings. The information provided relates to your experience while using the network of our Underlying Carrier and may not describe the practices, performance, or terms you may experience while using extended coverage networks or roaming on affiliated networks. We encourage mass market customers and other users of our Broadband Services to familiarize themselves with this information and to provide us with feedback about our Broadband Services so that we can continue to provide an excellent experience. Nothing in this disclosure changes your rights and obligations, or ours, under our Terms and Conditions, available at https://www.h2owireless.com/terms-conditions, or our Privacy Policy, available at https://www.h2owireless.com/policy. This disclosure is provided for informational purposes only and we may change the information at any time, without notice. Network Practices How does H2O Wireless manage congestion with respect to its Broadband Services? H2O Wireless, through its Underlying Carrier, which owns and operates the network that H2O Wireless uses to provide service, strives to provide a high-quality Internet experience for all of our customers. Like the other networks that make up the Internet, the network of our Underlying Carrier is a shared network, which means that the transmission links and other network resources used to provide Broadband Services are shared among H2O Wireless’ subscribers and other users of our Underlying Carrier’s network. Our Underlying Carrier manages its network for the benefit of all users based on a variety of factors and its technical expertise. Nonetheless, temporary congestion may occur when a large number of customers in a concentrated area access the network at the same time or when some customers consume a very large amount of network capacity during busy periods, such as at stadium events, during peak usage times, or during planned network maintenance. Congestion-Based Data Management. During periods of congestion, our Underlying Carrier may use Congestion-Based Data Management to manage the network. With Congestion-Based Data Management, customers with unlimited data plans may experience reduced data speeds and increased latency as compared to other customers using the same cell site. However, even when subject to this congestion management practice, the amount of data these customers may use will never be limited and they will never be subject to data overage charges. Reduced speeds and increased latency may cause websites to load more slowly or affect the performance of data-heavy activities such as video streaming or interactive gaming. Customers subject to Congestion-Based Data Management will experience reduced speeds and increased latency only when they use data at a cell site experiencing network congestion at the same moment. As soon as the congestion at the cell site abates, or if the customer’s session migrates to an uncongested cell site, speed and latency will return to normal. In addition, this network management practice adjusts dynamically to address the amount of congestion, which can start and stop over a very short time period (often measured in fractions of a second), further minimizing any customer impact. Because the amount of congestion at a cell site can vary significantly, the performance impact for affected unlimited data plan customers may also vary significantly, but such impact will last only as long as the site is congested. Buffer Tuning. With the ever increasing growth in smart phone and tablet usage on wireless networks, and the growing prevalence of video downloads, our Underlying Carrier has deployed a reasonable network management video optimization technique in its mobile data network. That technique delivers recorded video to the user’s device in a “just in time” fashion (“Buffer Tuning”). Buffer Tuning only applies to internet browser traffic (HTTP, port 80) for recorded video downloads, regardless of the source, and does not affect real-time streaming video. Without Buffer Tuning, video content may be completely delivered to the device and charged against the user’s data plan regardless of whether it is viewed. With Buffer Tuning, a sufficient amount of video is delivered to the device so that the user can start viewing the video, and the remainder of the video is delivered just in time to the device as needed for uninterrupted viewing. This optimizes the user’s data plan consumption. Additionally, this frees up network resources for all users. Buffer Tuning does not alter video content and should not directly introduce any adverse impact to the viewing experience. Does H2O Wireless limit data usage or provide customers with tools to monitor and control their data usage? H2O Wireless offers prepaid plans with pre-established allotments of data with opportunities to purchase additional data allotments as top-ups. H2O Wireless also offers pay-as-you-go plans, where the availability of data is based on a customer’s account balance. Customers may determine their remaining data by calling customer service. Does H2O Wireless favor certain websites or Internet applications by blocking or throttling traffic, modifying particular protocols, or prioritizing certain traffic on its Broadband Services? No, H2O Wireless does not favor certain websites or Internet applications by blocking or throttling lawful internet traffic on the basis of content, application, service, user, or use of non-harmful devices on its Broadband Services. Nor does H2O Wireless modify particular protocols, protocol ports, or protocol fields in ways not prescribed by the protocol standards, subject to reasonable network management. Additionally, neither H2O Wireless nor its Underlying Carrier directly or indirectly favor some traffic over other traffic (such as through prioritization, resource reservation, or traffic shaping) for any type of consideration. In response to a specific security threat against the networks of our Underlying Carriers or our customers, we or our Underlying Carrier may occasionally need to limit the flow of traffic from certain locations or take other appropriate actions. Additionally, our Underlying Carrier may favor some traffic over other traffic to address the needs of emergency communications, law enforcement, public safety, or national security authorities, consistent with or as permitted by applicable law. How does H2O Wireless handle alleged copyright infringement by subscribers to its Broadband Services? Our Underlying Carrier utilizes a copyright alert process to respond to alleged copyright infringement activities using peer-to-peer file sharing and attempts to educate customers about the importance of protecting copyright and lawful use of content available over the Internet. Under the program, content owners may notify our Underlying Carrier of alleged copyright infringement based on the IP address of a user. Our Underlying Carrier will pass the request to us, and then we will attempt to identify a subscriber account based on that IP address and forward a copyright alert to that subscriber, advising the subscriber of the allegation and providing information about online copyright infringement, so that the subscriber, as the account holder, can take steps to prevent any future possible infringement using the Broadband Services. If a subscriber receives additional alerts, we may temporarily redirect the subscriber to a webpage where the subscriber must review material on the importance of copyright and the lawful use of content available over the Internet. Upon completion of this review, such redirection will be discontinued and the subscriber’s Broadband Services will be restored to normal. If a subscriber continues to receive alerts, we or our Underlying Carrier may take action consistent with Section 512(i) of the Digital Millennium Copyright Act, which may result in termination of the subscriber’s Broadband Services. Subscriber personal information is protected throughout this process—we will not provide such information to content owners unless required to do so by court order. What practices has H2O Wireless adopted to manage network security? As an MVNO, H2O Wireless does not have the ability to manage the security of its Underlying Carrier’s network. However, our Underlying Carrier proactively monitors network activity to help guard against a wide range of security threats, including viruses, botnets, worms, distributed denial of service attacks, SPAM, and other harmful activity. We cannot guarantee that you will not encounter unwanted, harmful, or malicious internet traffic while using our Broadband Services and encourage you to adopt your own reasonable security practices. Our Underlying Carrier uses a variety of network tools to monitor network activity and health to maintain its stability and functionality, to protect the network against threats, and for other operational purposes. As our service provider, our Underlying Carrier stores the information it gathers through this monitoring for only as long as we have a business purpose for our Underlying Carrier to maintain it. Our Privacy Policy further describes how we collect, use, and share this information. You can view our Privacy Policy at https://www.h2owireless.com/policy. If our Underlying Carrier detects a security threat, it will typically attempt to isolate the threat and minimize the impact to network services. It may use a variety of security measures to protect the network, including blocking malicious or unlawful traffic, redirecting the flow of traffic over some portions of the network, or taking other actions to address the threat. For example, it blocks certain ports that transfer malicious or disruptive traffic (such as Ports 25, 135, 139, 445, and 1900) and may block additional ports in the future based upon threat assessments. It also attempts to limit actions to the specific portions of the network or customer base impacted by the security threat and only for as long as necessary to mitigate the threat. Our Underlying Carrier may scan or analyze network addresses that are registered through the Underlying Carrier, including addresses that may have been delegated to customers, and/or routes that originate from the Underlying Carrier’s networks to detect vulnerabilities that might be used to compromise the assets of H2O Wireless, our Underlying Carrier, its subscribers, or our subscribers or that might be used in attacks against others. In doing so, it seeks to avoid disrupting network service to customers. We and our Underlying Carrier may use information derived from these activities to identify and address security issues or to notify subscribers of issues. Does H2O Wireless restrict the types of devices that customers can use with its Broadband Services? H2O Wireless’ customers may attach 3G-, 4G-, 4G-LTE, or 5G-capable devices of their choice to our Broadband Services, so long as the devices are FCC-approved, are compatible with the technology used in our Underlying Carrier’s network, do not harm the network or other users, and are not designed only for accessing data services. Devices must also be used in a manner consistent with our Terms and Conditions, including our Authorized Use policy. For example, some data plans are designated for use with only a basic phone or smartphone, in which case customers may not use their devices as a personal hotspot while other plans explicitly allow customers to use their devices as a personal hotspot. Our Underlying Carrier has retired its 2G network, and as a result, 2G-only capable devices will not be activated to attach to our Broadband Services. customers may not use their devices as a personal hotspot while other plans explicitly allow
customers to use their devices as a personal hotspot. Our Underlying Carrier has retired its 2G network, and as a result, 2G-only capable devices will not be activated to attach to our Broadband Services. Performance Characteristics What factors affect the performance of my Broadband Services? End-to-end performance of your service can depend on a variety of factors, many of which are outside of our control, including: your location relative to our coverage area, your proximity to a cell site, the capacity of the cell site, the number of other subscribers connected to the same cell site, the number of subscribers simultaneously using the network, the services other users are using, topography, weather, obstructions, use inside a building or a moving vehicle, radio frequency interference, the capabilities of your device, the applications you are using, the server with which you are communicating through your usage, the destination of your Internet traffic, overall traffic on the Internet, whether there are network outages, and applicable network management practices as discussed above. In addition, our Underlying Carrier has designed its wireless services to provide our customers with a high-quality voice experience during simultaneous voice and data sessions, which may affect data performance, including, but not limited to, a temporary reduction in speed to minimize the likelihood of dropped calls. Although our Underlying Carrier engineers its network to accommodate all users and user types based on a variety of factors, including average and anticipated peak usage of the network, many factors cannot be anticipated or are outside of our and our Underlying Carrier’s control. These factors can impact the availability of network resources for Broadband Services at any particular time. What performance can I expect from H2O Wireless’ Broadband Services? We and our Underlying Carrier each strive to manage the networks to provide you optimal performance. However, because many different factors can affect the performance of Broadband Services, as discussed above, neither we nor our Underlying Carrier guarantee specific performance levels of our Broadband Services. Broadband Service performance is generally evaluated based on speed and latency. The speed and latency you can expect to receive using our Broadband Services are described below. Our speed and latency measurements are based on data from third-party, crowd-sourced testing of actual network performance compiled by our Underlying Carrier. The ranges provided below represent network performance nationally between the 25th and 75th percentile and you may occasionally experience performance levels outside our estimated ranges. Speed Speed reflects the capacity at which Broadband Services can transmit data. This capacity is typically measured in the number of kilobits, megabits, or gigabits that can be transmitted in one second (kbps, Mbps, or Gbps). Some applications, like a short email without attachments or basic web browsing, do not require high-speed service to function optimally. Other activities, like transferring large data files, can be performed faster with higher-speed services. The speeds you receive from our Broadband Services may not be optimal for certain applications, particularly those involving real-time or near real-time, high-bandwidth uses, such as streaming video or video conferencing. Some plans provide customers with a monthly per line allotment of data after which the data transmission speeds will be reduced to a significantly slower speed (e.g., 256 Kbps) for the remainder of the bill cycle, as set forth in the terms and conditions of the plan. Similarly, for unlimited data plans, data transmission speeds may be reduced to a significantly slower speed (e.g., 128 Kbps) for the remainder of the bill cycle after a specified data use threshold is met. We expect our customers will typically experience speeds within the following ranges, which do not necessarily reflect speeds achievable along the entire end-to-end transmission path to all Internet destinations:
Latency Latency, also known as delay, is the amount of time from when a data packet is sent to when it is received. For Broadband Services, latency is usually expressed as the round-trip time in milliseconds (ms) that it takes for a data packet to travel between two end points on the Internet (from point A to point B and then back to point A). Some applications, such as email, can tolerate a substantial amount of latency without any noticeable impact on the application’s performance. Other applications, such as real-time video conferencing, require lower latency to function properly. End-to-end latency reflects the cumulative effect of the individual latencies that occur along the end-to-end network path. We expect our customers will typically experience the following round-trip latencies when accessing the Internet using our Broadband Services:
Commercial Terms Where can I find the prices and other fees that apply to H2O Wireless’ Broadband Services? Descriptions of the prices and fees applicable to our Broadband Services are available on our website. For more information, please review our rate and data plan information at https://www.h2owireless.com/plan/monthly. H2O Wireless does not charge termination fees. Where can I find the Terms and Conditions and the Authorized Use policy that apply to the H2O Wireless’ Broadband Services? The Terms and Conditions, which includes the Authorized Use policy, can be found at https://www.h2owireless.com/terms-conditions. What are H2O Wireless’ privacy practices for its Broadband Services? To learn about our privacy practices for our Broadband Services, please review our Privacy Policy at https://www.h2owireless.com/policy. How can I get assistance if I have a question or concern or need more information about H2O Wireless’ Broadband Services? If you have questions or concerns about our Broadband Services, please contact us using the following information: Email: CustomerService@locus.net Phone: 1-800-643-4926 or 611 from your device during normal business hours: Monday through Sunday, 9:00 a.m. to 12:00 a.m. o Locus Telecommunications, LLC 500 Frank W. Burr Blvd. suite 580 Teaneck, New Jersey 07666 Effective May 2023
(3) Refunds H2O Wireless does not exchange products purchased on www.h2owireless.com unless specifically requested on the Return & Exchange Form. Please allow up to 4-6 weeks to receive your credit card refund which will be applied to the credit card account to which your purchase was initially charged. Taxes and fees charged, if any, shall also be refunded upon submission of a valid refund request. (4) Restrictions & Fees Prepaid account balances and original shipping and handling fees are not refundable.
H2O Wireless Rewards Program Terms and Conditions1. GENERAL
These H2O Wireless Rewards Program Terms and Conditions (“Program Terms and Conditions”) govern your participation in the Program (as that term is defined below) and constitute an agreement (“Agreement”) between you and Locus Telecommunications, LLC (“Locus”). By enrolling or participating in the Program you: A. Acknowledge that you have read and under this Agreement and agree to these Program Terms and Conditions; B. Agree to the term of the Privacy Policy available at h2owireless.com; and C. Agree to the Terms and Conditions available at h2owireless.com. By enrolling in the Program, you consent to the release of your personal information, including but not limited to name and email address, to third parties to administer the Program. You agree to receive communications, including but not limited to via email and phone number, by H2O Wireless and third parties administering the Program, regarding your Program activity. Any information collected by Locus based on your participation in the Program is governed by the Privacy Policy. This Program is separate and distinct from and may not be combined with any other programs offered by Locus, including but not limited to, rewards, loyalty, promotions, bonus, sweepstakes, or contests. Your participation in any such other programs is subject to the applicable terms and conditions of that program and not these Program Terms and Conditions. Unless otherwise defined herein, capitalized terms used in these Program Terms and Conditions have the meaning given to them in the Terms and Conditions referenced above. “You” means an H2O customer, a Participant, and/or a Referrer, as the case may be. 2. PROGRAM ELIGIBILITY A. You will not be automatically enrolled in the Program. You must enroll in the Program and participate in the program to receive Program rewards. Participation in the H2O Wireless Rewards Program and the rewards of the Program are offered at the sole discretion of H2O Wireless (“H2O”). “Program” means the H2O Wireless Rewards Program including the Refer a Friend Program. B. Only H2O customers who meet the following eligibility requirements may enroll in the Program through h2owireless.com: (i) a resident of the fifty (50) United States or Puerto Rico, (ii) who is eighteen (18) years of age or older as of the date of enrollment in the Program, (iii) has a current account for H2O services and/or products and it is in good standing, and (iv) which account has an active MDN for the H2O Monthly plan or H2O Pay As You Go plan and valid email address. “MDN” means a Mobile Directory Number – the actual phone number one would dial to reach a specific mobile phone. “H2O Rewards Account” means the account as described above and which is registered for the Program. Excluded from the program are: Multiline Program, Auto Recharge, and Friends & Family Plan. C. Participation in the Program is limited to one (1) per eligible H2O customer. D. Participation in the Program is nontransferable and subject to the present and future Program Terms and Conditions. This Program is void to the extent where prohibited by law. State fees and taxes may apply where required by law. 3. PROGRAM DESCRIPTION AND REWARDS. The Program allows a Participant to earn and redeem rewards (“Points”) in a variety of manners, subject to the terms and conditions contained herein. Points can be redeemed as described herein. “Participant” means an individual enrolled in the Program in accordance with these Program Terms and Conditions. B. A Participant can review his or her rewards balance online at h2owireless.com. C. Purchase of Eligible Reward Items. Two (2) Points for every dollar spent on the products and/or services identified below (“Eligible Rewards Items”) purchased online at h2owireless.com. Only purchases made on h2owireless.com, subject to these Program Terms and Conditions, qualify for Points. Points are awarded on the retail price at the time of purchase of the below identified Eligible Rewards Items. Points are NOT calculated or awarded on any other charges, shipping, or taxes. Eligible Rewards Items are as follows:
D. Other Ways to Earn Points. (i) Other than by the purchase of Eligible Rewards Items as identified above, a Participant may earn Points as follows:
E. Once earned, Points will be added to
your H2O Rewards Account and available for use. Notification of
earned rewards Points will be delivered via email to the email address
or sms associated with the H2O Rewards Account.
F. Points cannot be earned on purchases made prior to the time of enrollment of the Participant in the Program. Points cannot be redeemed for purchases made prior to the time Points are earned. Points are not your property. Points cannot be earned on recharges of any line in auto recharge and an H2O Friends and Family Plan, including, but not limited to, the primary line. G. Points have no fixed or cash value and cannot be redeemed for cash, a cash equivalent, or any other monetary value, including but not limited, to credit on an H2O Rewards Account. Points are non-transferrable and cannot be purchased, sold, bartered, or given or combined between multiple Participants or between H2O Rewards Accounts. Points can only be used to redeem rewards on h2owireless.com as described herein. 4. REDEEMING POINTS A. Points can only be redeemed by Participants as discounts off the retail price at the time of purchase of an eligible purchase item identified below (“EPI”) purchased by Participant online at h2owireless.com and will be applied to MDN. B. 100 Points = One dollar and zero cents ($1.00) in available discount off the retail price at the time of purchase of an EPI identified on h2owireless.com. Each redemption of Points requires a minimum of 100 Points applied to each occurrence of redemption. C. You can choose to redeem your available points at the time of checkout on h2owireless.com. D. Points can be redeemed for the following EPI:
Points cannot be redeemed for any other charges, fees, shipping, and/or
taxes.
E. Forfeiture of Points; Cancellation of the MDN associated with the H2O Rewards Account. Once Points are redeemed, they are forfeited even if you later cancel or return the purchased EPI. If Points are redeemed on a purchase that is later cancelled or returned by Participant, the redeemed Points are forfeited and will not be replaced in your account. Points awarded for a purchase that is cancelled/returned will be revoked. Points cannot be redeemed on recharges of any line in a Friends and Family Plan, including, but not limited to, the primary line. 5. EXPIRATION OF POINTS A. Points earned by and awarded to a Participant from the purchase of an Eligible Rewards Item expire one (1) year after the date earned. B. Points earned by and awarded to a Participant from (i) New Activations (excluding H2O Family and Friends Plan activations); and (ii) H2O Wireless Refer a Friend Program expire ninety (90) days after the date earned. 6. H2O WIRELESS REFER A FRIEND PROGRAM; TERMS AND CONDITIONS Except as otherwise noted herein, the RAF Program (as that term is defined below) is governed by the Program Terms and Conditions. H2O Pay As You Go plans are NOT included in the RAF program. A. General Participation in the H2O Wireless Refer a Friend Program (“RAF Program”) and the rewards of the RAF Program are offered at the sole discretion of H2O. Participation in the RAF Program is subject to the present and future H2O Wireless Refer a Friend Program Terms and Conditions (“RAF Terms and Conditions”) and Program Terms and Conditions. B. Eligibility and Enrolling in the Program “Referrers” are defined as a Participant who initiates a referral through h2owireless.com. “Referees” are defined as non-customers who purchase an H2O Monthly plan and complete the activation process pursuant to a Participant’s referral. “non-customer” means an individual who does not have an account with H2O. Referrers: To earn Points on referrals, the Referrer must enroll in the RAF Program through h2owireless.com and agree to the RAF Terms and Conditions. Certain personal information of the Referee is required, including but not limited to a valid email address. You may only participate in the RAF Program using one H2O Rewards Account. You cannot refer yourself. By enrolling in the RAF Program, you consent to the release of your personal information, including but not limited to name and email address, to third parties to administer the Program. You agree to receive communications, including but not limited to via email, by H2O and third parties administering the RAF Program, regarding your RAF Program activity. Referees: Referees cannot be current H2O customers; referees must be new H2O customers. C. RAF Program Participation – How it Works In order for the Referrer to receive the Points identified herein, a Referee must complete the following steps within ninety (90) days from the date of receipt by Referee of the coupon code generated by the Referrer clicking on the link in the offer: (i) purchase an H2O Monthly plan using the coupon code provided; (ii) activate the H2O Monthly plan; and (iii) create an H2O Rewards Account. Referrers may only send referrals through means authorized and identified by H2O (e.g., email, specified social media sites). Self-referrals, renewing your plan, and adding a line to an existing account do not qualify for the RAF Program or Points. Referrers will not be awarded any Points for: (i) rejected referrals; (ii) referrals not received for any reason; (iii) a referee’s activation of a qualifying plan without using the coupon code generated by the referral link; and/or (iv) referrals or activations that are found ineligible by H2O in its sole discretion. H2O reserves the right to reject and/or find ineligible any referral for any reason or for no reason at sole discretion. D. Participation in the RAF Program may require you to disclose personal information about you and the persons you refer, such as name and email address. You agree to allow us to communicate with the persons you refer about your participation in the RAF Program (i.e. disclosing that an invitation was sent by you). Referrals should only be used for personal and non-commercial purposes. You may not send referrals using spam, display advertising, unsolicited commercial email, sponsored links, links on message boards or forums, or any other form of illegal means of communication. E. H2O reserves the right to void any referral and/or Points, and terminate your account and/or eligibility to earn Points, if H2O, in its sole discretion, suspects or determines that you have violated any of the RAF Terms and Conditions or engaged in any fraudulent activity. F. RAF Program Points are subject to the Program Terms and Conditions. For qualifying uses of Points, limitations of use, and complete details, see the Program Terms and Conditions at h2owireless.com. Referrers: Referrers earn 3,000 points for each Referee who completes the steps outlined in these RAF Terms and Conditions. Points are allocated to the Referrer upon the Referee’s qualifying purchase and activation of a H2O Monthly plan. RAF points are applied to MDN not email. You can refer up to 10 people per month, which is a total of 120 referrals per year. Referees: Referees earn 1000 Points upon completion of the steps outlined herein, including but not limited to, the purchase and activation of an H2O Monthly plan using the coupon code generated from the referral. Limit to one (1) H2O Rewards Account per individual per year. 7. LIMITATION OF WARRANTY A. THE PROGRAM IS BEING PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO EXPRESS OR IMPLIED WARRANTY OR CONDITION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, H2O EXCLUDES ALL CONDITIONS, REPRESENTATIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED INTO OR INCORPORATED INTO THIS AGREEMENT, WHETHER BY STATUTE, COMMON LAW OR OTHERWISE, WITH RESPECT TO THE PROGRAM, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND TERMS AS TO MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR ANY PARTICULAR PURPOSE AND IMPLIED WARRANTIES AND TERMS ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. B. YOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED UPON ANY REPRESENTATION, WARRANTY OR OTHER ASSURANCE GIVEN OR MADE BY OR ON BEHALF OF H2O PRIOR TO THIS AGREEMENT AND YOU WAIVE ALL REMEDIES WHICH, BUT FOR THIS SECTION, MIGHT OTHERWISE BE AVAILABLE TO YOU IN RESPECT OF SUCH REPRESENTATION, WARRANTY OR OTHER ASSURANCE. C. H2O DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OF, OR ACCURACY OF ADVERTISEMENTS FOR, ANY MERCHANDISE, PRODUCTS, OR SERVICES OFFERED OR PROVIDED BY OFFER PROVIDER OR SUPPLIERS IN CONJUNCTION WITH THE PROGRAM. IN ADDITION, ALTHOUGH H2O INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE PROGRAM WEBSITE AND REWARDS APPLICATIONS, H2O DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS THAT THE PROGRAM WEBSITE AND REWARDS APPLICATIONS ARE FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, H2O DOES NOT WARRANT THAT ACCESS TO THE PROGRAM WEBSITE AND REWARDS APPLICATIONS WILL BE UNINTERRUPTED OR ERROR-FREE, AND H2O ASSUMES NO RESPONSIBILITY FOR ANY LOSS OR DAMAGE CAUSED BY YOUR ACCESS, OR INABILITY TO ACCESS, THE PROGRAM WEBSITE. 8. LIMITATION OF LIABILITY EXCEPT TO THE EXTENT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES SHALL H2O, BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING ANY DAMAGES FOR LOSS OF INCOME OR PROFITS)), HOWEVER CAUSED AND WHETHER ARISING BY STATUTE, COMMON LAW OR OTHERWISE IN CONNECTION WITH: (I) THE PROGRAM; (II) ANY FAILURE, DELAY, OR DECISION BY H2O IN ADMINISTERING THE PROGRAM; (III) THE USE OR INABILITY TO USE THIS WEBSITE; (IV) THE USE OR INABILITY TO USE ANY APPLICATION RELATING TO THE PROGRAM, INCLUDING THE REWARDS APPLICATION OR (V) THE PURCHASE OR USE OF ANY MERCHANDISE, PRODUCTS, OR SERVICES OF OFFER PROVIDERS OR SUPPLIERS, EVEN IF H2O, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. 9. INDEMNIFICATION You shall indemnify, defend and hold harmless H2O and its officers, directors, agents and employees from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of, in connection with or related to the following: Your access to or use of the Program, any Program application, or third party content and services; your breach of this Agreement; your violation of law; your negligence or willful misconduct; or your violation of the rights of a third party. You will promptly notify H2O in writing of any third-party claim arising out of or in connection with your access to or use of the Program or any Program website or application. 10. DISPUTES; DISPUTE RESOLUTION BY BINDING ARBITRATION PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. Most customer concerns can be resolved quickly and to the customer's satisfaction by calling our customer service department at 1-800-643-4926. In the unlikely event that H2O's customer service department is unable to resolve a complaint you may have to your satisfaction (or if H2O has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. Any controversy or claim arising out of or relating to this Agreement, Program Terms and Conditions, Program, RAF Program, and/or Points (including, but not limited to, the awarding, redemption or revocation), shall be governed by and construed in accordance with the substantive laws of the state of New Jersey without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws and shall be resolved in accordance with the section titled Mandatory Arbitration of Disputes of the Terms and Conditions located at h2owireless.com. 11. MISCELLANEOUS A. H2O reserves the right to modify the Program and/or the Program Terms and Conditions rules in its sole discretion, including but not limited to the number of points awarded, the types of purchases/activities eligible for points, the redemption rate, Points expiration dates, and conditions of participation in the Program, at any time without prior notice even though the changes may affect the value of the points already accumulated. B. H2O reserves the right to terminate or suspend the Program at any time without prior notice and without further obligations to H2O customers, Participants, Referrers, or Referees. In the event of Program termination, you will be given a reasonable period of time to redeem any accumulated Points as identified in these Program Terms and Conditions. Further, in the event of Program termination, you will no longer continue to earn Points. C. Abuse of the Program, as determined by H2O in its sole judgment, including but not limited to failure to follow Program rules, the sale or barter of points, using multiple accounts in an effort to abuse the Program, and false referrals for the RAF Program, may result in a Participant being disqualified from the Program, forfeiture of accumulated Points, and/or a permanent ban on Program participation. D. These Program Terms and Conditions are separate and independent from the general terms and conditions for H2O Wireless service found at h2owireless.com. © 2023 Locus Telecommunications, LLC. Participants may copy these Official Rules for personal use only and not for any commercial purpose whatsoever. “H2O” and “H2O Wireless” are dbas of Locus. “H2O” is a registered trademark of Locus. Rewards Program and RAF Program are subject to change without notice. All rights reserved. BROADBAND TRANSPARENCY DISCLOSURE
To help keep customers informed about our mass market wireless broadband Internet access services (“Broadband Services”), this disclosure describes the Broadband Services we offer and provides information about the network management practices, performance characteristics, and commercial terms applicable to our Broadband Services, consistent with the Federal Communications Commission’s (“FCC’s”) Transparency Rule. Broadband Services provide subscribers with the ability to transmit and receive data from all or substantially all Internet endpoints. As a Mobile Virtual Network Operator (“MVNO”), we provide our Broadband Services using the facilities of our underlying carrier, a leading nationwide wireless provider (“Underlying Carrier”). As a result, while we have some control over aspects of your Broadband Service, we do not actively manage the network you use to receive Broadband Services from us—our Underlying Carrier does. The information provided in this statement should help customers make informed choices about the purchase and use of our Broadband Services, and will assist providers of Internet applications, content, and services in developing, marketing, and maintaining their Internet offerings. The information provided relates to your experience while using the network of our Underlying Carrier and may not describe the practices, performance, or terms you may experience while using extended coverage networks or roaming on affiliated networks. We encourage mass market customers and other users of our Broadband Services to familiarize themselves with this information and to provide us with feedback about our Broadband Services so that we can continue to provide an excellent experience. Nothing in this disclosure changes your rights and obligations, or ours, under our Terms and Conditions, available at https://www.h2owireless.com/terms-conditions, or our Privacy Policy, available at https://www.h2owireless.com/policy. This disclosure is provided for informational purposes only and we may change the information at any time, without notice. Network Practices How does H2O Wireless manage congestion with respect to its Broadband Services? H2O Wireless, through its Underlying Carrier, which owns and operates the network that H2O Wireless uses to provide service, strives to provide a high-quality Internet experience for all of our customers. Like the other networks that make up the Internet, the network of our Underlying Carrier is a shared network, which means that the transmission links and other network resources used to provide Broadband Services are shared among H2O Wireless’ subscribers and other users of our Underlying Carrier’s network. Our Underlying Carrier manages its network for the benefit of all users based on a variety of factors and its technical expertise. Nonetheless, temporary congestion may occur when a large number of customers in a concentrated area access the network at the same time or when some customers consume a very large amount of network capacity during busy periods, such as at stadium events, during peak usage times, or during planned network maintenance. Congestion-Based Data Management. During periods of congestion, our Underlying Carrier may use Congestion-Based Data Management to manage the network. With Congestion-Based Data Management, customers with unlimited data plans may experience reduced data speeds and increased latency as compared to other customers using the same cell site. However, even when subject to this congestion management practice, the amount of data these customers may use will never be limited and they will never be subject to data overage charges. Reduced speeds and increased latency may cause websites to load more slowly or affect the performance of data-heavy activities such as video streaming or interactive gaming. Customers subject to Congestion-Based Data Management will experience reduced speeds and increased latency only when they use data at a cell site experiencing network congestion at the same moment. As soon as the congestion at the cell site abates, or if the customer’s session migrates to an uncongested cell site, speed and latency will return to normal. In addition, this network management practice adjusts dynamically to address the amount of congestion, which can start and stop over a very short time period (often measured in fractions of a second), further minimizing any customer impact. Because the amount of congestion at a cell site can vary significantly, the performance impact for affected unlimited data plan customers may also vary significantly, but such impact will last only as long as the site is congested. Buffer Tuning. With the ever increasing growth in smart phone and tablet usage on wireless networks, and the growing prevalence of video downloads, our Underlying Carrier has deployed a reasonable network management video optimization technique in its mobile data network. That technique delivers recorded video to the user’s device in a “just in time” fashion (“Buffer Tuning”). Buffer Tuning only applies to internet browser traffic (HTTP, port 80) for recorded video downloads, regardless of the source, and does not affect real-time streaming video. Without Buffer Tuning, video content may be completely delivered to the device and charged against the user’s data plan regardless of whether it is viewed. With Buffer Tuning, a sufficient amount of video is delivered to the device so that the user can start viewing the video, and the remainder of the video is delivered just in time to the device as needed for uninterrupted viewing. This optimizes the user’s data plan consumption. Additionally, this frees up network resources for all users. Buffer Tuning does not alter video content and should not directly introduce any adverse impact to the viewing experience. Does H2O Wireless limit data usage or provide customers with tools to monitor and control their data usage? H2O Wireless offers prepaid plans with pre-established allotments of data with opportunities to purchase additional data allotments as top-ups. H2O Wireless also offers pay-as-you-go plans, where the availability of data is based on a customer’s account balance. Customers may determine their remaining data by calling customer service. Does H2O Wireless favor certain websites or Internet applications by blocking or throttling traffic, modifying particular protocols, or prioritizing certain traffic on its Broadband Services? No, H2O Wireless does not favor certain websites or Internet applications by blocking or throttling lawful internet traffic on the basis of content, application, service, user, or use of non-harmful devices on its Broadband Services. Nor does H2O Wireless modify particular protocols, protocol ports, or protocol fields in ways not prescribed by the protocol standards, subject to reasonable network management. Additionally, neither H2O Wireless nor its Underlying Carrier directly or indirectly favor some traffic over other traffic (such as through prioritization, resource reservation, or traffic shaping) for any type of consideration. In response to a specific security threat against the networks of our Underlying Carriers or our customers, we or our Underlying Carrier may occasionally need to limit the flow of traffic from certain locations or take other appropriate actions. Additionally, our Underlying Carrier may favor some traffic over other traffic to address the needs of emergency communications, law enforcement, public safety, or national security authorities, consistent with or as permitted by applicable law. How does H2O Wireless handle alleged copyright infringement by subscribers to its Broadband Services? Our Underlying Carrier utilizes a copyright alert process to respond to alleged copyright infringement activities using peer-to-peer file sharing and attempts to educate customers about the importance of protecting copyright and lawful use of content available over the Internet. Under the program, content owners may notify our Underlying Carrier of alleged copyright infringement based on the IP address of a user. Our Underlying Carrier will pass the request to us, and then we will attempt to identify a subscriber account based on that IP address and forward a copyright alert to that subscriber, advising the subscriber of the allegation and providing information about online copyright infringement, so that the subscriber, as the account holder, can take steps to prevent any future possible infringement using the Broadband Services. If a subscriber receives additional alerts, we may temporarily redirect the subscriber to a webpage where the subscriber must review material on the importance of copyright and the lawful use of content available over the Internet. Upon completion of this review, such redirection will be discontinued and the subscriber’s Broadband Services will be restored to normal. If a subscriber continues to receive alerts, we or our Underlying Carrier may take action consistent with Section 512(i) of the Digital Millennium Copyright Act, which may result in termination of the subscriber’s Broadband Services. Subscriber personal information is protected throughout this process—we will not provide such information to content owners unless required to do so by court order. What practices has H2O Wireless adopted to manage network security? As an MVNO, H2O Wireless does not have the ability to manage the security of its Underlying Carrier’s network. However, our Underlying Carrier proactively monitors network activity to help guard against a wide range of security threats, including viruses, botnets, worms, distributed denial of service attacks, SPAM, and other harmful activity. We cannot guarantee that you will not encounter unwanted, harmful, or malicious internet traffic while using our Broadband Services and encourage you to adopt your own reasonable security practices. Our Underlying Carrier uses a variety of network tools to monitor network activity and health to maintain its stability and functionality, to protect the network against threats, and for other operational purposes. As our service provider, our Underlying Carrier stores the information it gathers through this monitoring for only as long as we have a business purpose for our Underlying Carrier to maintain it. Our Privacy Policy further describes how we collect, use, and share this information. You can view our Privacy Policy at https://www.h2owireless.com/policy. If our Underlying Carrier detects a security threat, it will typically attempt to isolate the threat and minimize the impact to network services. It may use a variety of security measures to protect the network, including blocking malicious or unlawful traffic, redirecting the flow of traffic over some portions of the network, or taking other actions to address the threat. For example, it blocks certain ports that transfer malicious or disruptive traffic (such as Ports 25, 135, 139, 445, and 1900) and may block additional ports in the future based upon threat assessments. It also attempts to limit actions to the specific portions of the network or customer base impacted by the security threat and only for as long as necessary to mitigate the threat. Our Underlying Carrier may scan or analyze network addresses that are registered through the Underlying Carrier, including addresses that may have been delegated to customers, and/or routes that originate from the Underlying Carrier’s networks to detect vulnerabilities that might be used to compromise the assets of H2O Wireless, our Underlying Carrier, its subscribers, or our subscribers or that might be used in attacks against others. In doing so, it seeks to avoid disrupting network service to customers. We and our Underlying Carrier may use information derived from these activities to identify and address security issues or to notify subscribers of issues. Does H2O Wireless restrict the types of devices that customers can use with its Broadband Services? H2O Wireless’ customers may attach 3G-, 4G-, 4G-LTE, or 5G-capable devices of their choice to our Broadband Services, so long as the devices are FCC-approved, are compatible with the technology used in our Underlying Carrier’s network, do not harm the network or other users, and are not designed only for accessing data services. Devices must also be used in a manner consistent with our Terms and Conditions, including our Authorized Use policy. For example, some data plans are designated for use with only a basic phone or smartphone, in which case customers may not use their devices as a personal hotspot while other plans explicitly allow customers to use their devices as a personal hotspot. Our Underlying Carrier has retired its 2G network, and as a result, 2G-only capable devices will not be activated to attach to our Broadband Services. customers may not use their devices as a personal hotspot while other plans explicitly allow
customers to use their devices as a personal hotspot. Our Underlying Carrier has retired its 2G network, and as a result, 2G-only capable devices will not be activated to attach to our Broadband Services. Performance Characteristics What factors affect the performance of my Broadband Services? End-to-end performance of your service can depend on a variety of factors, many of which are outside of our control, including: your location relative to our coverage area, your proximity to a cell site, the capacity of the cell site, the number of other subscribers connected to the same cell site, the number of subscribers simultaneously using the network, the services other users are using, topography, weather, obstructions, use inside a building or a moving vehicle, radio frequency interference, the capabilities of your device, the applications you are using, the server with which you are communicating through your usage, the destination of your Internet traffic, overall traffic on the Internet, whether there are network outages, and applicable network management practices as discussed above. In addition, our Underlying Carrier has designed its wireless services to provide our customers with a high-quality voice experience during simultaneous voice and data sessions, which may affect data performance, including, but not limited to, a temporary reduction in speed to minimize the likelihood of dropped calls. Although our Underlying Carrier engineers its network to accommodate all users and user types based on a variety of factors, including average and anticipated peak usage of the network, many factors cannot be anticipated or are outside of our and our Underlying Carrier’s control. These factors can impact the availability of network resources for Broadband Services at any particular time. What performance can I expect from H2O Wireless’ Broadband Services? We and our Underlying Carrier each strive to manage the networks to provide you optimal performance. However, because many different factors can affect the performance of Broadband Services, as discussed above, neither we nor our Underlying Carrier guarantee specific performance levels of our Broadband Services. Broadband Service performance is generally evaluated based on speed and latency. The speed and latency you can expect to receive using our Broadband Services are described below. Our speed and latency measurements are based on data from third-party, crowd-sourced testing of actual network performance compiled by our Underlying Carrier. The ranges provided below represent network performance nationally between the 25th and 75th percentile and you may occasionally experience performance levels outside our estimated ranges. Speed Speed reflects the capacity at which Broadband Services can transmit data. This capacity is typically measured in the number of kilobits, megabits, or gigabits that can be transmitted in one second (kbps, Mbps, or Gbps). Some applications, like a short email without attachments or basic web browsing, do not require high-speed service to function optimally. Other activities, like transferring large data files, can be performed faster with higher-speed services. The speeds you receive from our Broadband Services may not be optimal for certain applications, particularly those involving real-time or near real-time, high-bandwidth uses, such as streaming video or video conferencing. Some plans provide customers with a monthly per line allotment of data after which the data transmission speeds will be reduced to a significantly slower speed (e.g., 256 Kbps) for the remainder of the bill cycle, as set forth in the terms and conditions of the plan. Similarly, for unlimited data plans, data transmission speeds may be reduced to a significantly slower speed (e.g., 128 Kbps) for the remainder of the bill cycle after a specified data use threshold is met. We expect our customers will typically experience speeds within the following ranges, which do not necessarily reflect speeds achievable along the entire end-to-end transmission path to all Internet destinations:
Latency Latency, also known as delay, is the amount of time from when a data packet is sent to when it is received. For Broadband Services, latency is usually expressed as the round-trip time in milliseconds (ms) that it takes for a data packet to travel between two end points on the Internet (from point A to point B and then back to point A). Some applications, such as email, can tolerate a substantial amount of latency without any noticeable impact on the application’s performance. Other applications, such as real-time video conferencing, require lower latency to function properly. End-to-end latency reflects the cumulative effect of the individual latencies that occur along the end-to-end network path. We expect our customers will typically experience the following round-trip latencies when accessing the Internet using our Broadband Services:
Commercial Terms Where can I find the prices and other fees that apply to H2O Wireless’ Broadband Services? Descriptions of the prices and fees applicable to our Broadband Services are available on our website. For more information, please review our rate and data plan information at https://www.h2owireless.com/plan/monthly. H2O Wireless does not charge termination fees. Where can I find the Terms and Conditions and the Authorized Use policy that apply to the H2O Wireless’ Broadband Services? The Terms and Conditions, which includes the Authorized Use policy, can be found at https://www.h2owireless.com/terms-conditions. What are H2O Wireless’ privacy practices for its Broadband Services? To learn about our privacy practices for our Broadband Services, please review our Privacy Policy at https://www.h2owireless.com/policy. How can I get assistance if I have a question or concern or need more information about H2O Wireless’ Broadband Services? If you have questions or concerns about our Broadband Services, please contact us using the following information: Email: CustomerService@locus.net Phone: 1-800-643-4926 or 611 from your device during normal business hours: Monday through Sunday, 9:00 a.m. to 12:00 a.m. o Locus Telecommunications, LLC 500 Frank W. Burr Blvd. suite 580 Teaneck, New Jersey 07666 Effective May 2023
(3) Refunds H2O Wireless does not exchange products purchased on www.h2owireless.com unless specifically requested on the Return & Exchange Form. Please allow up to 4-6 weeks to receive your credit card refund which will be applied to the credit card account to which your purchase was initially charged. Taxes and fees charged, if any, shall also be refunded upon submission of a valid refund request. (4) Restrictions & Fees Prepaid account balances and original shipping and handling fees are not refundable.
H2O Wireless Rewards Program Terms and Conditions1. GENERAL
These H2O Wireless Rewards Program Terms and Conditions (“Program Terms and Conditions”) govern your participation in the Program (as that term is defined below) and constitute an agreement (“Agreement”) between you and Locus Telecommunications, LLC (“Locus”). By enrolling or participating in the Program you: A. Acknowledge that you have read and under this Agreement and agree to these Program Terms and Conditions; B. Agree to the term of the Privacy Policy available at h2owireless.com; and C. Agree to the Terms and Conditions available at h2owireless.com. By enrolling in the Program, you consent to the release of your personal information, including but not limited to name and email address, to third parties to administer the Program. You agree to receive communications, including but not limited to via email and phone number, by H2O Wireless and third parties administering the Program, regarding your Program activity. Any information collected by Locus based on your participation in the Program is governed by the Privacy Policy. This Program is separate and distinct from and may not be combined with any other programs offered by Locus, including but not limited to, rewards, loyalty, promotions, bonus, sweepstakes, or contests. Your participation in any such other programs is subject to the applicable terms and conditions of that program and not these Program Terms and Conditions. Unless otherwise defined herein, capitalized terms used in these Program Terms and Conditions have the meaning given to them in the Terms and Conditions referenced above. “You” means an H2O customer, a Participant, and/or a Referrer, as the case may be. 2. PROGRAM ELIGIBILITY A. You will not be automatically enrolled in the Program. You must enroll in the Program and participate in the program to receive Program rewards. Participation in the H2O Wireless Rewards Program and the rewards of the Program are offered at the sole discretion of H2O Wireless (“H2O”). “Program” means the H2O Wireless Rewards Program including the Refer a Friend Program. B. Only H2O customers who meet the following eligibility requirements may enroll in the Program through h2owireless.com: (i) a resident of the fifty (50) United States or Puerto Rico, (ii) who is eighteen (18) years of age or older as of the date of enrollment in the Program, (iii) has a current account for H2O services and/or products and it is in good standing, and (iv) which account has an active MDN for the H2O Monthly plan or H2O Pay As You Go plan and valid email address. “MDN” means a Mobile Directory Number – the actual phone number one would dial to reach a specific mobile phone. “H2O Rewards Account” means the account as described above and which is registered for the Program. Excluded from the program are: Multiline Program, Auto Recharge, and Friends & Family Plan. C. Participation in the Program is limited to one (1) per eligible H2O customer. D. Participation in the Program is nontransferable and subject to the present and future Program Terms and Conditions. This Program is void to the extent where prohibited by law. State fees and taxes may apply where required by law. 3. PROGRAM DESCRIPTION AND REWARDS. The Program allows a Participant to earn and redeem rewards (“Points”) in a variety of manners, subject to the terms and conditions contained herein. Points can be redeemed as described herein. “Participant” means an individual enrolled in the Program in accordance with these Program Terms and Conditions. B. A Participant can review his or her rewards balance online at h2owireless.com. C. Purchase of Eligible Reward Items. Two (2) Points for every dollar spent on the products and/or services identified below (“Eligible Rewards Items”) purchased online at h2owireless.com. Only purchases made on h2owireless.com, subject to these Program Terms and Conditions, qualify for Points. Points are awarded on the retail price at the time of purchase of the below identified Eligible Rewards Items. Points are NOT calculated or awarded on any other charges, shipping, or taxes. Eligible Rewards Items are as follows:
D. Other Ways to Earn Points. (i) Other than by the purchase of Eligible Rewards Items as identified above, a Participant may earn Points as follows:
E. Once earned, Points will be added to
your H2O Rewards Account and available for use. Notification of
earned rewards Points will be delivered via email to the email address
or sms associated with the H2O Rewards Account.
F. Points cannot be earned on purchases made prior to the time of enrollment of the Participant in the Program. Points cannot be redeemed for purchases made prior to the time Points are earned. Points are not your property. Points cannot be earned on recharges of any line in auto recharge and an H2O Friends and Family Plan, including, but not limited to, the primary line. G. Points have no fixed or cash value and cannot be redeemed for cash, a cash equivalent, or any other monetary value, including but not limited, to credit on an H2O Rewards Account. Points are non-transferrable and cannot be purchased, sold, bartered, or given or combined between multiple Participants or between H2O Rewards Accounts. Points can only be used to redeem rewards on h2owireless.com as described herein. 4. REDEEMING POINTS A. Points can only be redeemed by Participants as discounts off the retail price at the time of purchase of an eligible purchase item identified below (“EPI”) purchased by Participant online at h2owireless.com and will be applied to MDN. B. 100 Points = One dollar and zero cents ($1.00) in available discount off the retail price at the time of purchase of an EPI identified on h2owireless.com. Each redemption of Points requires a minimum of 100 Points applied to each occurrence of redemption. C. You can choose to redeem your available points at the time of checkout on h2owireless.com. D. Points can be redeemed for the following EPI:
Points cannot be redeemed for any other charges, fees, shipping, and/or
taxes.
E. Forfeiture of Points; Cancellation of the MDN associated with the H2O Rewards Account. Once Points are redeemed, they are forfeited even if you later cancel or return the purchased EPI. If Points are redeemed on a purchase that is later cancelled or returned by Participant, the redeemed Points are forfeited and will not be replaced in your account. Points awarded for a purchase that is cancelled/returned will be revoked. Points cannot be redeemed on recharges of any line in a Friends and Family Plan, including, but not limited to, the primary line. 5. EXPIRATION OF POINTS A. Points earned by and awarded to a Participant from the purchase of an Eligible Rewards Item expire one (1) year after the date earned. B. Points earned by and awarded to a Participant from (i) New Activations (excluding H2O Family and Friends Plan activations); and (ii) H2O Wireless Refer a Friend Program expire ninety (90) days after the date earned. 6. H2O WIRELESS REFER A FRIEND PROGRAM; TERMS AND CONDITIONS Except as otherwise noted herein, the RAF Program (as that term is defined below) is governed by the Program Terms and Conditions. H2O Pay As You Go plans are NOT included in the RAF program. A. General Participation in the H2O Wireless Refer a Friend Program (“RAF Program”) and the rewards of the RAF Program are offered at the sole discretion of H2O. Participation in the RAF Program is subject to the present and future H2O Wireless Refer a Friend Program Terms and Conditions (“RAF Terms and Conditions”) and Program Terms and Conditions. B. Eligibility and Enrolling in the Program “Referrers” are defined as a Participant who initiates a referral through h2owireless.com. “Referees” are defined as non-customers who purchase an H2O Monthly plan and complete the activation process pursuant to a Participant’s referral. “non-customer” means an individual who does not have an account with H2O. Referrers: To earn Points on referrals, the Referrer must enroll in the RAF Program through h2owireless.com and agree to the RAF Terms and Conditions. Certain personal information of the Referee is required, including but not limited to a valid email address. You may only participate in the RAF Program using one H2O Rewards Account. You cannot refer yourself. By enrolling in the RAF Program, you consent to the release of your personal information, including but not limited to name and email address, to third parties to administer the Program. You agree to receive communications, including but not limited to via email, by H2O and third parties administering the RAF Program, regarding your RAF Program activity. Referees: Referees cannot be current H2O customers; referees must be new H2O customers. C. RAF Program Participation – How it Works In order for the Referrer to receive the Points identified herein, a Referee must complete the following steps within ninety (90) days from the date of receipt by Referee of the coupon code generated by the Referrer clicking on the link in the offer: (i) purchase an H2O Monthly plan using the coupon code provided; (ii) activate the H2O Monthly plan; and (iii) create an H2O Rewards Account. Referrers may only send referrals through means authorized and identified by H2O (e.g., email, specified social media sites). Self-referrals, renewing your plan, and adding a line to an existing account do not qualify for the RAF Program or Points. Referrers will not be awarded any Points for: (i) rejected referrals; (ii) referrals not received for any reason; (iii) a referee’s activation of a qualifying plan without using the coupon code generated by the referral link; and/or (iv) referrals or activations that are found ineligible by H2O in its sole discretion. H2O reserves the right to reject and/or find ineligible any referral for any reason or for no reason at sole discretion. D. Participation in the RAF Program may require you to disclose personal information about you and the persons you refer, such as name and email address. You agree to allow us to communicate with the persons you refer about your participation in the RAF Program (i.e. disclosing that an invitation was sent by you). Referrals should only be used for personal and non-commercial purposes. You may not send referrals using spam, display advertising, unsolicited commercial email, sponsored links, links on message boards or forums, or any other form of illegal means of communication. E. H2O reserves the right to void any referral and/or Points, and terminate your account and/or eligibility to earn Points, if H2O, in its sole discretion, suspects or determines that you have violated any of the RAF Terms and Conditions or engaged in any fraudulent activity. F. RAF Program Points are subject to the Program Terms and Conditions. For qualifying uses of Points, limitations of use, and complete details, see the Program Terms and Conditions at h2owireless.com. Referrers: Referrers earn 3,000 points for each Referee who completes the steps outlined in these RAF Terms and Conditions. Points are allocated to the Referrer upon the Referee’s qualifying purchase and activation of a H2O Monthly plan. RAF points are applied to MDN not email. You can refer up to 10 people per month, which is a total of 120 referrals per year. Referees: Referees earn 1000 Points upon completion of the steps outlined herein, including but not limited to, the purchase and activation of an H2O Monthly plan using the coupon code generated from the referral. Limit to one (1) H2O Rewards Account per individual per year. 7. LIMITATION OF WARRANTY A. THE PROGRAM IS BEING PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO EXPRESS OR IMPLIED WARRANTY OR CONDITION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, H2O EXCLUDES ALL CONDITIONS, REPRESENTATIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED INTO OR INCORPORATED INTO THIS AGREEMENT, WHETHER BY STATUTE, COMMON LAW OR OTHERWISE, WITH RESPECT TO THE PROGRAM, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND TERMS AS TO MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR ANY PARTICULAR PURPOSE AND IMPLIED WARRANTIES AND TERMS ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. B. YOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED UPON ANY REPRESENTATION, WARRANTY OR OTHER ASSURANCE GIVEN OR MADE BY OR ON BEHALF OF H2O PRIOR TO THIS AGREEMENT AND YOU WAIVE ALL REMEDIES WHICH, BUT FOR THIS SECTION, MIGHT OTHERWISE BE AVAILABLE TO YOU IN RESPECT OF SUCH REPRESENTATION, WARRANTY OR OTHER ASSURANCE. C. H2O DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OF, OR ACCURACY OF ADVERTISEMENTS FOR, ANY MERCHANDISE, PRODUCTS, OR SERVICES OFFERED OR PROVIDED BY OFFER PROVIDER OR SUPPLIERS IN CONJUNCTION WITH THE PROGRAM. IN ADDITION, ALTHOUGH H2O INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE PROGRAM WEBSITE AND REWARDS APPLICATIONS, H2O DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS THAT THE PROGRAM WEBSITE AND REWARDS APPLICATIONS ARE FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, H2O DOES NOT WARRANT THAT ACCESS TO THE PROGRAM WEBSITE AND REWARDS APPLICATIONS WILL BE UNINTERRUPTED OR ERROR-FREE, AND H2O ASSUMES NO RESPONSIBILITY FOR ANY LOSS OR DAMAGE CAUSED BY YOUR ACCESS, OR INABILITY TO ACCESS, THE PROGRAM WEBSITE. 8. LIMITATION OF LIABILITY EXCEPT TO THE EXTENT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES SHALL H2O, BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING ANY DAMAGES FOR LOSS OF INCOME OR PROFITS)), HOWEVER CAUSED AND WHETHER ARISING BY STATUTE, COMMON LAW OR OTHERWISE IN CONNECTION WITH: (I) THE PROGRAM; (II) ANY FAILURE, DELAY, OR DECISION BY H2O IN ADMINISTERING THE PROGRAM; (III) THE USE OR INABILITY TO USE THIS WEBSITE; (IV) THE USE OR INABILITY TO USE ANY APPLICATION RELATING TO THE PROGRAM, INCLUDING THE REWARDS APPLICATION OR (V) THE PURCHASE OR USE OF ANY MERCHANDISE, PRODUCTS, OR SERVICES OF OFFER PROVIDERS OR SUPPLIERS, EVEN IF H2O, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. 9. INDEMNIFICATION You shall indemnify, defend and hold harmless H2O and its officers, directors, agents and employees from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of, in connection with or related to the following: Your access to or use of the Program, any Program application, or third party content and services; your breach of this Agreement; your violation of law; your negligence or willful misconduct; or your violation of the rights of a third party. You will promptly notify H2O in writing of any third-party claim arising out of or in connection with your access to or use of the Program or any Program website or application. 10. DISPUTES; DISPUTE RESOLUTION BY BINDING ARBITRATION PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. Most customer concerns can be resolved quickly and to the customer's satisfaction by calling our customer service department at 1-800-643-4926. In the unlikely event that H2O's customer service department is unable to resolve a complaint you may have to your satisfaction (or if H2O has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. Any controversy or claim arising out of or relating to this Agreement, Program Terms and Conditions, Program, RAF Program, and/or Points (including, but not limited to, the awarding, redemption or revocation), shall be governed by and construed in accordance with the substantive laws of the state of New Jersey without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws and shall be resolved in accordance with the section titled Mandatory Arbitration of Disputes of the Terms and Conditions located at h2owireless.com. 11. MISCELLANEOUS A. H2O reserves the right to modify the Program and/or the Program Terms and Conditions rules in its sole discretion, including but not limited to the number of points awarded, the types of purchases/activities eligible for points, the redemption rate, Points expiration dates, and conditions of participation in the Program, at any time without prior notice even though the changes may affect the value of the points already accumulated. B. H2O reserves the right to terminate or suspend the Program at any time without prior notice and without further obligations to H2O customers, Participants, Referrers, or Referees. In the event of Program termination, you will be given a reasonable period of time to redeem any accumulated Points as identified in these Program Terms and Conditions. Further, in the event of Program termination, you will no longer continue to earn Points. C. Abuse of the Program, as determined by H2O in its sole judgment, including but not limited to failure to follow Program rules, the sale or barter of points, using multiple accounts in an effort to abuse the Program, and false referrals for the RAF Program, may result in a Participant being disqualified from the Program, forfeiture of accumulated Points, and/or a permanent ban on Program participation. D. These Program Terms and Conditions are separate and independent from the general terms and conditions for H2O Wireless service found at h2owireless.com. © 2023 Locus Telecommunications, LLC. Participants may copy these Official Rules for personal use only and not for any commercial purpose whatsoever. “H2O” and “H2O Wireless” are dbas of Locus. “H2O” is a registered trademark of Locus. Rewards Program and RAF Program are subject to change without notice. All rights reserved.
Effective October 2020
All devices or SIM cards purchased through www.h2owirelessnow.com may be returned or exchanged within 14 days after the delivery of your purchase. H2O Wireless will not accept returns/exchanges for items not purchased directly from H2O Wireless including purchases from authorized H2O Wireless dealers or retailers. Please read the terms below thoroughly.
Pure Talk Returns Department 11100 Alcovy Road Covington, GA 30014
BROADBAND TRANSPARENCY DISCLOSURE
To help keep customers informed about our mass market wireless broadband Internet access services (“Broadband Services”), this disclosure describes the Broadband Services we offer and provides information about the network management practices, performance characteristics, and commercial terms applicable to our Broadband Services, consistent with the Federal Communications Commission’s (“FCC’s”) Transparency Rule. Broadband Services provide subscribers with the ability to transmit and receive data from all or substantially all Internet endpoints. As a Mobile Virtual Network Operator (“MVNO”), we provide our Broadband Services using the facilities of our underlying carrier, a leading nationwide wireless provider (“Underlying Carrier”). As a result, while we have some control over aspects of your Broadband Service, we do not actively manage the network you use to receive Broadband Services from us—our Underlying Carrier does. The information provided in this statement should help customers make informed choices about the purchase and use of our Broadband Services, and will assist providers of Internet applications, content, and services in developing, marketing, and maintaining their Internet offerings. The information provided relates to your experience while using the network of our Underlying Carrier and may not describe the practices, performance, or terms you may experience while using extended coverage networks or roaming on affiliated networks. We encourage mass market customers and other users of our Broadband Services to familiarize themselves with this information and to provide us with feedback about our Broadband Services so that we can continue to provide an excellent experience. Nothing in this disclosure changes your rights and obligations, or ours, under our Terms and Conditions, available at https://www.h2owireless.com/terms-conditions, or our Privacy Policy, available at https://www.h2owireless.com/policy. This disclosure is provided for informational purposes only and we may change the information at any time, without notice. Network Practices How does H2O Wireless manage congestion with respect to its Broadband Services? H2O Wireless, through its Underlying Carrier, which owns and operates the network that H2O Wireless uses to provide service, strives to provide a high-quality Internet experience for all of our customers. Like the other networks that make up the Internet, the network of our Underlying Carrier is a shared network, which means that the transmission links and other network resources used to provide Broadband Services are shared among H2O Wireless’ subscribers and other users of our Underlying Carrier’s network. Our Underlying Carrier manages its network for the benefit of all users based on a variety of factors and its technical expertise. Nonetheless, temporary congestion may occur when a large number of customers in a concentrated area access the network at the same time or when some customers consume a very large amount of network capacity during busy periods, such as at stadium events, during peak usage times, or during planned network maintenance. Congestion-Based Data Management. During periods of congestion, our Underlying Carrier may use Congestion-Based Data Management to manage the network. With Congestion-Based Data Management, customers with unlimited data plans may experience reduced data speeds and increased latency as compared to other customers using the same cell site. However, even when subject to this congestion management practice, the amount of data these customers may use will never be limited and they will never be subject to data overage charges. Reduced speeds and increased latency may cause websites to load more slowly or affect the performance of data-heavy activities such as video streaming or interactive gaming. Customers subject to Congestion-Based Data Management will experience reduced speeds and increased latency only when they use data at a cell site experiencing network congestion at the same moment. As soon as the congestion at the cell site abates, or if the customer’s session migrates to an uncongested cell site, speed and latency will return to normal. In addition, this network management practice adjusts dynamically to address the amount of congestion, which can start and stop over a very short time period (often measured in fractions of a second), further minimizing any customer impact. Because the amount of congestion at a cell site can vary significantly, the performance impact for affected unlimited data plan customers may also vary significantly, but such impact will last only as long as the site is congested. Buffer Tuning. With the ever increasing growth in smart phone and tablet usage on wireless networks, and the growing prevalence of video downloads, our Underlying Carrier has deployed a reasonable network management video optimization technique in its mobile data network. That technique delivers recorded video to the user’s device in a “just in time” fashion (“Buffer Tuning”). Buffer Tuning only applies to internet browser traffic (HTTP, port 80) for recorded video downloads, regardless of the source, and does not affect real-time streaming video. Without Buffer Tuning, video content may be completely delivered to the device and charged against the user’s data plan regardless of whether it is viewed. With Buffer Tuning, a sufficient amount of video is delivered to the device so that the user can start viewing the video, and the remainder of the video is delivered just in time to the device as needed for uninterrupted viewing. This optimizes the user’s data plan consumption. Additionally, this frees up network resources for all users. Buffer Tuning does not alter video content and should not directly introduce any adverse impact to the viewing experience. Does H2O Wireless limit data usage or provide customers with tools to monitor and control their data usage? H2O Wireless offers prepaid plans with pre-established allotments of data with opportunities to purchase additional data allotments as top-ups. H2O Wireless also offers pay-as-you-go plans, where the availability of data is based on a customer’s account balance. Customers may determine their remaining data by calling customer service. Does H2O Wireless favor certain websites or Internet applications by blocking or throttling traffic, modifying particular protocols, or prioritizing certain traffic on its Broadband Services? No, H2O Wireless does not favor certain websites or Internet applications by blocking or throttling lawful internet traffic on the basis of content, application, service, user, or use of non-harmful devices on its Broadband Services. Nor does H2O Wireless modify particular protocols, protocol ports, or protocol fields in ways not prescribed by the protocol standards, subject to reasonable network management. Additionally, neither H2O Wireless nor its Underlying Carrier directly or indirectly favor some traffic over other traffic (such as through prioritization, resource reservation, or traffic shaping) for any type of consideration. In response to a specific security threat against the networks of our Underlying Carriers or our customers, we or our Underlying Carrier may occasionally need to limit the flow of traffic from certain locations or take other appropriate actions. Additionally, our Underlying Carrier may favor some traffic over other traffic to address the needs of emergency communications, law enforcement, public safety, or national security authorities, consistent with or as permitted by applicable law. How does H2O Wireless handle alleged copyright infringement by subscribers to its Broadband Services? Our Underlying Carrier utilizes a copyright alert process to respond to alleged copyright infringement activities using peer-to-peer file sharing and attempts to educate customers about the importance of protecting copyright and lawful use of content available over the Internet. Under the program, content owners may notify our Underlying Carrier of alleged copyright infringement based on the IP address of a user. Our Underlying Carrier will pass the request to us, and then we will attempt to identify a subscriber account based on that IP address and forward a copyright alert to that subscriber, advising the subscriber of the allegation and providing information about online copyright infringement, so that the subscriber, as the account holder, can take steps to prevent any future possible infringement using the Broadband Services. If a subscriber receives additional alerts, we may temporarily redirect the subscriber to a webpage where the subscriber must review material on the importance of copyright and the lawful use of content available over the Internet. Upon completion of this review, such redirection will be discontinued and the subscriber’s Broadband Services will be restored to normal. If a subscriber continues to receive alerts, we or our Underlying Carrier may take action consistent with Section 512(i) of the Digital Millennium Copyright Act, which may result in termination of the subscriber’s Broadband Services. Subscriber personal information is protected throughout this process—we will not provide such information to content owners unless required to do so by court order. What practices has H2O Wireless adopted to manage network security? As an MVNO, H2O Wireless does not have the ability to manage the security of its Underlying Carrier’s network. However, our Underlying Carrier proactively monitors network activity to help guard against a wide range of security threats, including viruses, botnets, worms, distributed denial of service attacks, SPAM, and other harmful activity. We cannot guarantee that you will not encounter unwanted, harmful, or malicious internet traffic while using our Broadband Services and encourage you to adopt your own reasonable security practices. Our Underlying Carrier uses a variety of network tools to monitor network activity and health to maintain its stability and functionality, to protect the network against threats, and for other operational purposes. As our service provider, our Underlying Carrier stores the information it gathers through this monitoring for only as long as we have a business purpose for our Underlying Carrier to maintain it. Our Privacy Policy further describes how we collect, use, and share this information. You can view our Privacy Policy at https://www.h2owireless.com/policy. If our Underlying Carrier detects a security threat, it will typically attempt to isolate the threat and minimize the impact to network services. It may use a variety of security measures to protect the network, including blocking malicious or unlawful traffic, redirecting the flow of traffic over some portions of the network, or taking other actions to address the threat. For example, it blocks certain ports that transfer malicious or disruptive traffic (such as Ports 25, 135, 139, 445, and 1900) and may block additional ports in the future based upon threat assessments. It also attempts to limit actions to the specific portions of the network or customer base impacted by the security threat and only for as long as necessary to mitigate the threat. Our Underlying Carrier may scan or analyze network addresses that are registered through the Underlying Carrier, including addresses that may have been delegated to customers, and/or routes that originate from the Underlying Carrier’s networks to detect vulnerabilities that might be used to compromise the assets of H2O Wireless, our Underlying Carrier, its subscribers, or our subscribers or that might be used in attacks against others. In doing so, it seeks to avoid disrupting network service to customers. We and our Underlying Carrier may use information derived from these activities to identify and address security issues or to notify subscribers of issues. Does H2O Wireless restrict the types of devices that customers can use with its Broadband Services? H2O Wireless’ customers may attach 3G-, 4G-, 4G-LTE, or 5G-capable devices of their choice to our Broadband Services, so long as the devices are FCC-approved, are compatible with the technology used in our Underlying Carrier’s network, do not harm the network or other users, and are not designed only for accessing data services. Devices must also be used in a manner consistent with our Terms and Conditions, including our Authorized Use policy. For example, some data plans are designated for use with only a basic phone or smartphone, in which case customers may not use their devices as a personal hotspot while other plans explicitly allow customers to use their devices as a personal hotspot. Our Underlying Carrier has retired its 2G network, and as a result, 2G-only capable devices will not be activated to attach to our Broadband Services. customers may not use their devices as a personal hotspot while other plans explicitly allow
customers to use their devices as a personal hotspot. Our Underlying Carrier has retired its 2G network, and as a result, 2G-only capable devices will not be activated to attach to our Broadband Services. Performance Characteristics What factors affect the performance of my Broadband Services? End-to-end performance of your service can depend on a variety of factors, many of which are outside of our control, including: your location relative to our coverage area, your proximity to a cell site, the capacity of the cell site, the number of other subscribers connected to the same cell site, the number of subscribers simultaneously using the network, the services other users are using, topography, weather, obstructions, use inside a building or a moving vehicle, radio frequency interference, the capabilities of your device, the applications you are using, the server with which you are communicating through your usage, the destination of your Internet traffic, overall traffic on the Internet, whether there are network outages, and applicable network management practices as discussed above. In addition, our Underlying Carrier has designed its wireless services to provide our customers with a high-quality voice experience during simultaneous voice and data sessions, which may affect data performance, including, but not limited to, a temporary reduction in speed to minimize the likelihood of dropped calls. Although our Underlying Carrier engineers its network to accommodate all users and user types based on a variety of factors, including average and anticipated peak usage of the network, many factors cannot be anticipated or are outside of our and our Underlying Carrier’s control. These factors can impact the availability of network resources for Broadband Services at any particular time. What performance can I expect from H2O Wireless’ Broadband Services? We and our Underlying Carrier each strive to manage the networks to provide you optimal performance. However, because many different factors can affect the performance of Broadband Services, as discussed above, neither we nor our Underlying Carrier guarantee specific performance levels of our Broadband Services. Broadband Service performance is generally evaluated based on speed and latency. The speed and latency you can expect to receive using our Broadband Services are described below. Our speed and latency measurements are based on data from third-party, crowd-sourced testing of actual network performance compiled by our Underlying Carrier. The ranges provided below represent network performance nationally between the 25th and 75th percentile and you may occasionally experience performance levels outside our estimated ranges. Speed Speed reflects the capacity at which Broadband Services can transmit data. This capacity is typically measured in the number of kilobits, megabits, or gigabits that can be transmitted in one second (kbps, Mbps, or Gbps). Some applications, like a short email without attachments or basic web browsing, do not require high-speed service to function optimally. Other activities, like transferring large data files, can be performed faster with higher-speed services. The speeds you receive from our Broadband Services may not be optimal for certain applications, particularly those involving real-time or near real-time, high-bandwidth uses, such as streaming video or video conferencing. Some plans provide customers with a monthly per line allotment of data after which the data transmission speeds will be reduced to a significantly slower speed (e.g., 256 Kbps) for the remainder of the bill cycle, as set forth in the terms and conditions of the plan. Similarly, for unlimited data plans, data transmission speeds may be reduced to a significantly slower speed (e.g., 128 Kbps) for the remainder of the bill cycle after a specified data use threshold is met. We expect our customers will typically experience speeds within the following ranges, which do not necessarily reflect speeds achievable along the entire end-to-end transmission path to all Internet destinations:
Latency Latency, also known as delay, is the amount of time from when a data packet is sent to when it is received. For Broadband Services, latency is usually expressed as the round-trip time in milliseconds (ms) that it takes for a data packet to travel between two end points on the Internet (from point A to point B and then back to point A). Some applications, such as email, can tolerate a substantial amount of latency without any noticeable impact on the application’s performance. Other applications, such as real-time video conferencing, require lower latency to function properly. End-to-end latency reflects the cumulative effect of the individual latencies that occur along the end-to-end network path. We expect our customers will typically experience the following round-trip latencies when accessing the Internet using our Broadband Services:
Commercial Terms Where can I find the prices and other fees that apply to H2O Wireless’ Broadband Services? Descriptions of the prices and fees applicable to our Broadband Services are available on our website. For more information, please review our rate and data plan information at https://www.h2owireless.com/plan/monthly. H2O Wireless does not charge termination fees. Where can I find the Terms and Conditions and the Authorized Use policy that apply to the H2O Wireless’ Broadband Services? The Terms and Conditions, which includes the Authorized Use policy, can be found at https://www.h2owireless.com/terms-conditions. What are H2O Wireless’ privacy practices for its Broadband Services? To learn about our privacy practices for our Broadband Services, please review our Privacy Policy at https://www.h2owireless.com/policy. How can I get assistance if I have a question or concern or need more information about H2O Wireless’ Broadband Services? If you have questions or concerns about our Broadband Services, please contact us using the following information: Email: CustomerService@locus.net Phone: 1-800-643-4926 or 611 from your device during normal business hours: Monday through Sunday, 9:00 a.m. to 12:00 a.m. o Locus Telecommunications, LLC 500 Frank W. Burr Blvd. suite 580 Teaneck, New Jersey 07666 Effective May 2023
(3) Refunds H2O Wireless does not exchange products purchased on www.h2owireless.com unless specifically requested on the Return & Exchange Form. Please allow up to 4-6 weeks to receive your credit card refund which will be applied to the credit card account to which your purchase was initially charged. Taxes and fees charged, if any, shall also be refunded upon submission of a valid refund request. (4) Restrictions & Fees Prepaid account balances and original shipping and handling fees are not refundable.
H2O Wireless Rewards Program Terms and Conditions1. GENERAL
These H2O Wireless Rewards Program Terms and Conditions (“Program Terms and Conditions”) govern your participation in the Program (as that term is defined below) and constitute an agreement (“Agreement”) between you and Locus Telecommunications, LLC (“Locus”). By enrolling or participating in the Program you: A. Acknowledge that you have read and under this Agreement and agree to these Program Terms and Conditions; B. Agree to the term of the Privacy Policy available at h2owireless.com; and C. Agree to the Terms and Conditions available at h2owireless.com. By enrolling in the Program, you consent to the release of your personal information, including but not limited to name and email address, to third parties to administer the Program. You agree to receive communications, including but not limited to via email and phone number, by H2O Wireless and third parties administering the Program, regarding your Program activity. Any information collected by Locus based on your participation in the Program is governed by the Privacy Policy. This Program is separate and distinct from and may not be combined with any other programs offered by Locus, including but not limited to, rewards, loyalty, promotions, bonus, sweepstakes, or contests. Your participation in any such other programs is subject to the applicable terms and conditions of that program and not these Program Terms and Conditions. Unless otherwise defined herein, capitalized terms used in these Program Terms and Conditions have the meaning given to them in the Terms and Conditions referenced above. “You” means an H2O customer, a Participant, and/or a Referrer, as the case may be. 2. PROGRAM ELIGIBILITY A. You will not be automatically enrolled in the Program. You must enroll in the Program and participate in the program to receive Program rewards. Participation in the H2O Wireless Rewards Program and the rewards of the Program are offered at the sole discretion of H2O Wireless (“H2O”). “Program” means the H2O Wireless Rewards Program including the Refer a Friend Program. B. Only H2O customers who meet the following eligibility requirements may enroll in the Program through h2owireless.com: (i) a resident of the fifty (50) United States or Puerto Rico, (ii) who is eighteen (18) years of age or older as of the date of enrollment in the Program, (iii) has a current account for H2O services and/or products and it is in good standing, and (iv) which account has an active MDN for the H2O Monthly plan or H2O Pay As You Go plan and valid email address. “MDN” means a Mobile Directory Number – the actual phone number one would dial to reach a specific mobile phone. “H2O Rewards Account” means the account as described above and which is registered for the Program. Excluded from the program are: Multiline Program, Auto Recharge, and Friends & Family Plan. C. Participation in the Program is limited to one (1) per eligible H2O customer. D. Participation in the Program is nontransferable and subject to the present and future Program Terms and Conditions. This Program is void to the extent where prohibited by law. State fees and taxes may apply where required by law. 3. PROGRAM DESCRIPTION AND REWARDS. The Program allows a Participant to earn and redeem rewards (“Points”) in a variety of manners, subject to the terms and conditions contained herein. Points can be redeemed as described herein. “Participant” means an individual enrolled in the Program in accordance with these Program Terms and Conditions. B. A Participant can review his or her rewards balance online at h2owireless.com. C. Purchase of Eligible Reward Items. Two (2) Points for every dollar spent on the products and/or services identified below (“Eligible Rewards Items”) purchased online at h2owireless.com. Only purchases made on h2owireless.com, subject to these Program Terms and Conditions, qualify for Points. Points are awarded on the retail price at the time of purchase of the below identified Eligible Rewards Items. Points are NOT calculated or awarded on any other charges, shipping, or taxes. Eligible Rewards Items are as follows:
D. Other Ways to Earn Points. (i) Other than by the purchase of Eligible Rewards Items as identified above, a Participant may earn Points as follows:
E. Once earned, Points will be added to
your H2O Rewards Account and available for use. Notification of
earned rewards Points will be delivered via email to the email address
or sms associated with the H2O Rewards Account.
F. Points cannot be earned on purchases made prior to the time of enrollment of the Participant in the Program. Points cannot be redeemed for purchases made prior to the time Points are earned. Points are not your property. Points cannot be earned on recharges of any line in auto recharge and an H2O Friends and Family Plan, including, but not limited to, the primary line. G. Points have no fixed or cash value and cannot be redeemed for cash, a cash equivalent, or any other monetary value, including but not limited, to credit on an H2O Rewards Account. Points are non-transferrable and cannot be purchased, sold, bartered, or given or combined between multiple Participants or between H2O Rewards Accounts. Points can only be used to redeem rewards on h2owireless.com as described herein. 4. REDEEMING POINTS A. Points can only be redeemed by Participants as discounts off the retail price at the time of purchase of an eligible purchase item identified below (“EPI”) purchased by Participant online at h2owireless.com and will be applied to MDN. B. 100 Points = One dollar and zero cents ($1.00) in available discount off the retail price at the time of purchase of an EPI identified on h2owireless.com. Each redemption of Points requires a minimum of 100 Points applied to each occurrence of redemption. C. You can choose to redeem your available points at the time of checkout on h2owireless.com. D. Points can be redeemed for the following EPI:
Points cannot be redeemed for any other charges, fees, shipping, and/or
taxes.
E. Forfeiture of Points; Cancellation of the MDN associated with the H2O Rewards Account. Once Points are redeemed, they are forfeited even if you later cancel or return the purchased EPI. If Points are redeemed on a purchase that is later cancelled or returned by Participant, the redeemed Points are forfeited and will not be replaced in your account. Points awarded for a purchase that is cancelled/returned will be revoked. Points cannot be redeemed on recharges of any line in a Friends and Family Plan, including, but not limited to, the primary line. 5. EXPIRATION OF POINTS A. Points earned by and awarded to a Participant from the purchase of an Eligible Rewards Item expire one (1) year after the date earned. B. Points earned by and awarded to a Participant from (i) New Activations (excluding H2O Family and Friends Plan activations); and (ii) H2O Wireless Refer a Friend Program expire ninety (90) days after the date earned. 6. H2O WIRELESS REFER A FRIEND PROGRAM; TERMS AND CONDITIONS Except as otherwise noted herein, the RAF Program (as that term is defined below) is governed by the Program Terms and Conditions. H2O Pay As You Go plans are NOT included in the RAF program. A. General Participation in the H2O Wireless Refer a Friend Program (“RAF Program”) and the rewards of the RAF Program are offered at the sole discretion of H2O. Participation in the RAF Program is subject to the present and future H2O Wireless Refer a Friend Program Terms and Conditions (“RAF Terms and Conditions”) and Program Terms and Conditions. B. Eligibility and Enrolling in the Program “Referrers” are defined as a Participant who initiates a referral through h2owireless.com. “Referees” are defined as non-customers who purchase an H2O Monthly plan and complete the activation process pursuant to a Participant’s referral. “non-customer” means an individual who does not have an account with H2O. Referrers: To earn Points on referrals, the Referrer must enroll in the RAF Program through h2owireless.com and agree to the RAF Terms and Conditions. Certain personal information of the Referee is required, including but not limited to a valid email address. You may only participate in the RAF Program using one H2O Rewards Account. You cannot refer yourself. By enrolling in the RAF Program, you consent to the release of your personal information, including but not limited to name and email address, to third parties to administer the Program. You agree to receive communications, including but not limited to via email, by H2O and third parties administering the RAF Program, regarding your RAF Program activity. Referees: Referees cannot be current H2O customers; referees must be new H2O customers. C. RAF Program Participation – How it Works In order for the Referrer to receive the Points identified herein, a Referee must complete the following steps within ninety (90) days from the date of receipt by Referee of the coupon code generated by the Referrer clicking on the link in the offer: (i) purchase an H2O Monthly plan using the coupon code provided; (ii) activate the H2O Monthly plan; and (iii) create an H2O Rewards Account. Referrers may only send referrals through means authorized and identified by H2O (e.g., email, specified social media sites). Self-referrals, renewing your plan, and adding a line to an existing account do not qualify for the RAF Program or Points. Referrers will not be awarded any Points for: (i) rejected referrals; (ii) referrals not received for any reason; (iii) a referee’s activation of a qualifying plan without using the coupon code generated by the referral link; and/or (iv) referrals or activations that are found ineligible by H2O in its sole discretion. H2O reserves the right to reject and/or find ineligible any referral for any reason or for no reason at sole discretion. D. Participation in the RAF Program may require you to disclose personal information about you and the persons you refer, such as name and email address. You agree to allow us to communicate with the persons you refer about your participation in the RAF Program (i.e. disclosing that an invitation was sent by you). Referrals should only be used for personal and non-commercial purposes. You may not send referrals using spam, display advertising, unsolicited commercial email, sponsored links, links on message boards or forums, or any other form of illegal means of communication. E. H2O reserves the right to void any referral and/or Points, and terminate your account and/or eligibility to earn Points, if H2O, in its sole discretion, suspects or determines that you have violated any of the RAF Terms and Conditions or engaged in any fraudulent activity. F. RAF Program Points are subject to the Program Terms and Conditions. For qualifying uses of Points, limitations of use, and complete details, see the Program Terms and Conditions at h2owireless.com. Referrers: Referrers earn 3,000 points for each Referee who completes the steps outlined in these RAF Terms and Conditions. Points are allocated to the Referrer upon the Referee’s qualifying purchase and activation of a H2O Monthly plan. RAF points are applied to MDN not email. You can refer up to 10 people per month, which is a total of 120 referrals per year. Referees: Referees earn 1000 Points upon completion of the steps outlined herein, including but not limited to, the purchase and activation of an H2O Monthly plan using the coupon code generated from the referral. Limit to one (1) H2O Rewards Account per individual per year. 7. LIMITATION OF WARRANTY A. THE PROGRAM IS BEING PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO EXPRESS OR IMPLIED WARRANTY OR CONDITION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, H2O EXCLUDES ALL CONDITIONS, REPRESENTATIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED INTO OR INCORPORATED INTO THIS AGREEMENT, WHETHER BY STATUTE, COMMON LAW OR OTHERWISE, WITH RESPECT TO THE PROGRAM, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND TERMS AS TO MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR ANY PARTICULAR PURPOSE AND IMPLIED WARRANTIES AND TERMS ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. B. YOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED UPON ANY REPRESENTATION, WARRANTY OR OTHER ASSURANCE GIVEN OR MADE BY OR ON BEHALF OF H2O PRIOR TO THIS AGREEMENT AND YOU WAIVE ALL REMEDIES WHICH, BUT FOR THIS SECTION, MIGHT OTHERWISE BE AVAILABLE TO YOU IN RESPECT OF SUCH REPRESENTATION, WARRANTY OR OTHER ASSURANCE. C. H2O DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OF, OR ACCURACY OF ADVERTISEMENTS FOR, ANY MERCHANDISE, PRODUCTS, OR SERVICES OFFERED OR PROVIDED BY OFFER PROVIDER OR SUPPLIERS IN CONJUNCTION WITH THE PROGRAM. IN ADDITION, ALTHOUGH H2O INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE PROGRAM WEBSITE AND REWARDS APPLICATIONS, H2O DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS THAT THE PROGRAM WEBSITE AND REWARDS APPLICATIONS ARE FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, H2O DOES NOT WARRANT THAT ACCESS TO THE PROGRAM WEBSITE AND REWARDS APPLICATIONS WILL BE UNINTERRUPTED OR ERROR-FREE, AND H2O ASSUMES NO RESPONSIBILITY FOR ANY LOSS OR DAMAGE CAUSED BY YOUR ACCESS, OR INABILITY TO ACCESS, THE PROGRAM WEBSITE. 8. LIMITATION OF LIABILITY EXCEPT TO THE EXTENT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES SHALL H2O, BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING ANY DAMAGES FOR LOSS OF INCOME OR PROFITS)), HOWEVER CAUSED AND WHETHER ARISING BY STATUTE, COMMON LAW OR OTHERWISE IN CONNECTION WITH: (I) THE PROGRAM; (II) ANY FAILURE, DELAY, OR DECISION BY H2O IN ADMINISTERING THE PROGRAM; (III) THE USE OR INABILITY TO USE THIS WEBSITE; (IV) THE USE OR INABILITY TO USE ANY APPLICATION RELATING TO THE PROGRAM, INCLUDING THE REWARDS APPLICATION OR (V) THE PURCHASE OR USE OF ANY MERCHANDISE, PRODUCTS, OR SERVICES OF OFFER PROVIDERS OR SUPPLIERS, EVEN IF H2O, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. 9. INDEMNIFICATION You shall indemnify, defend and hold harmless H2O and its officers, directors, agents and employees from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of, in connection with or related to the following: Your access to or use of the Program, any Program application, or third party content and services; your breach of this Agreement; your violation of law; your negligence or willful misconduct; or your violation of the rights of a third party. You will promptly notify H2O in writing of any third-party claim arising out of or in connection with your access to or use of the Program or any Program website or application. 10. DISPUTES; DISPUTE RESOLUTION BY BINDING ARBITRATION PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. Most customer concerns can be resolved quickly and to the customer's satisfaction by calling our customer service department at 1-800-643-4926. In the unlikely event that H2O's customer service department is unable to resolve a complaint you may have to your satisfaction (or if H2O has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. Any controversy or claim arising out of or relating to this Agreement, Program Terms and Conditions, Program, RAF Program, and/or Points (including, but not limited to, the awarding, redemption or revocation), shall be governed by and construed in accordance with the substantive laws of the state of New Jersey without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws and shall be resolved in accordance with the section titled Mandatory Arbitration of Disputes of the Terms and Conditions located at h2owireless.com. 11. MISCELLANEOUS A. H2O reserves the right to modify the Program and/or the Program Terms and Conditions rules in its sole discretion, including but not limited to the number of points awarded, the types of purchases/activities eligible for points, the redemption rate, Points expiration dates, and conditions of participation in the Program, at any time without prior notice even though the changes may affect the value of the points already accumulated. B. H2O reserves the right to terminate or suspend the Program at any time without prior notice and without further obligations to H2O customers, Participants, Referrers, or Referees. In the event of Program termination, you will be given a reasonable period of time to redeem any accumulated Points as identified in these Program Terms and Conditions. Further, in the event of Program termination, you will no longer continue to earn Points. C. Abuse of the Program, as determined by H2O in its sole judgment, including but not limited to failure to follow Program rules, the sale or barter of points, using multiple accounts in an effort to abuse the Program, and false referrals for the RAF Program, may result in a Participant being disqualified from the Program, forfeiture of accumulated Points, and/or a permanent ban on Program participation. D. These Program Terms and Conditions are separate and independent from the general terms and conditions for H2O Wireless service found at h2owireless.com. © 2023 Locus Telecommunications, LLC. Participants may copy these Official Rules for personal use only and not for any commercial purpose whatsoever. “H2O” and “H2O Wireless” are dbas of Locus. “H2O” is a registered trademark of Locus. Rewards Program and RAF Program are subject to change without notice. All rights reserved.
ACCESSIBILITY POLICY
This policy provides information about how individuals with disabilities can use h2o Wireless’ wireless services. Hearing Aid Compatibility Some hearing aid users may detect interference in the form of a buzzing, humming, or whining noise when using a wireless phone. The amount of interference experienced may vary depending on the design of the hearing aid or wireless phone. Some wireless phones are specifically designed to be compatible with hearing aids so that this interference is reduce or eliminated. A rating system is used to help consumers identify which wireless phones are designed to be compatible with hearing aids. Compatibility with telecoil hearing aids is based on a ‘T’ rating (T1 through T4), while compatibility with microphone hearing aids is based on an ‘M’ rating (M1 through M4). Typically, the higher the M or T rating assigned to a phone, the less interference there is to hearing aid users. The FCC has determined that phones that receive a rating of 3 or 4 are deemed to be hearing aid compatible. While the ratings system can be a useful tool for consumers when choosing the right wireless phone, it is by no means a guarantee that a phone will not cause interference with a particular hearing aid. For additional information about hearing aid compatibility with wireless phones, see the FCC Guide at www.fcc.gov/hearing-aid-compatibility-wireless-telephones or the wireless industry association’s consumer resource guide at www.accesswireless.org/resources-for-consumers/hearing-resources. For more information about accessibility features available in current and older phones, visit the Global Accessibility Reporting Initiative’s website at www.gari.info. Hearing Aid-Compatible Phones h2o Wireless ensures that a certain portion of the wireless phones it offers are compatible with hearing aids (T and M ratings at 3 or better). h2o Wireless currently offers the following hearing aid-compatible wireless phones.
Important Note: These phones have been tested and rated for use with hearing aids for some of the wireless technologies that they use. However, there may be some newer wireless technologies used in these phones that have not been tested yet for use with hearing aids, such as Voice over LTE (VoLTE) and Wi-Fi calling. It is important to try the different features of your phone thoroughly and in different locations, using your hearing aid, to determine if you hear any interfering noise. Consult the manufacturer of your phone for more information on hearing aid compatibility. If you have questions about return or exchange policies, consult h2o Wireless or your phone retailer. All phones currently offered by h2o Wireless can be viewed at https://www.h2owireless.com/shop/phone. If a phone is not listed above, it may not be hearing aid compatible. Accessibility of Device Operating Systems The wireless phones offered by h2o Wireless may function using different operating systems. For information on the accessibility features available with the operating system in some of the phones h2o Wireless offers, please visit the following links:
Telecommunications Relay Service Telecommunications Relay Service (TRS) is a communication service that permits individuals with a hearing or speech disability to use the telephone system via a text telephone (TTY) or other device to call persons with or without such disabilities through a TRS center. Different forms of TRS include Text-to-Voice TTY, Voice Carry Over (VCO), Hearing Carry Over (HCO), Speech-to-Speech (STS), Spanish Text-to-Voice TTY, Captioned Telephone, IP Captioned Telephone, IP Relay, Video Relay Service (VRS), and Real-Time Text (RTT). More information about the available types of relay service can be found on the FCC’s TRS website at www.fcc.gov/consumers/guides/telecommunications-relay-service-trs. TRS is available in all 50 states and all U.S. territories for local and long-distance calls. TRS providers are compensated for the costs of providing TRS from either a state or a federal fund, and there is no charge to TRS users other than standard calling rates. TRS can be reached by dialing 711 or by contacting your state relay provider, as listed in the FCC’s TRS Directory at www.accesswireless.org/resources-for-consumers/hearing-resources. In the event of an emergency, TTY users should call 911 directly. Using Text Telephone (TTY) with h2o Wireless’ Services A TTY is a special device that enables people who are deaf, hard of hearing, or speech-impaired to use the telephone to communicate. TTY works by allowing people to type messages back and forth to one another instead of talking and listening. The device is required at both ends of the conversation, but TRS can translate conversations for text-to-voice calls. The FCC requires digital wireless carriers to have the capability to transmit a call from a wireless phone that is connected to a TTY. While the FCC mandate pertains specifically to calls made to 911, the ability to make a call to 911 means that users can also complete a call to anyone, anywhere, provided the party on the receiving end of the call also has a TTY or the call is translated through TRS. All h2o Wireless service plans and most wireless phones it offers will work with a TTY. Important Note: TTY calls, including those to 911, cannot be made while using IP-based calling, such as Voice over LTE (VoLTE) and Wi-Fi Calling. Customers with communications disabilities who need to call 911 while using IP-based calling should use IP Relay, Video Relay, or IP Captioned Telephone Service to reach emergency personnel. Where available, customers may also send a text message to 911 directly (text-to-911). Using Real-Time Text with h2o Wireless’ Services Real-time text (RTT) allows real-time transmission of text messages as they are being composed, making these messages more equivalent to typical voice conversations. RTT also allows voice communication at the same time as text communication (simultaneous voice and text). Unlike other types of texting methods, RTT is similar to a voice call in that an RTT call must be placed and the other party must answer the call for communication to occur, and the parties must hang up the call when it is over. Customers using RTT-enabled devices may be able to communicate using RTT with individuals who are also using RTT-enabled devices on a network that supports RTT. Using RTT while connected to h2o Wireless’ wireless network will consume your voice minutes. Using Another Telecommunications Relay Service (TRS) with h2o Wireless’ Services h2o Wireless’ higher speed data services, such as VoLTE, support use of IP-based telecommunications relay services including Video Relay Service, IP Relay, and IP Captioned Telephone Service. These TRS offerings are a more effective means than TTY of placing assisted calls, including to 911. Using these services while connected to h2o Wireless’ wireless network will consume your data allotment. Customer Support For additional questions about how individuals with disabilities can use h2o Wireless’ wireless services, including which wireless phones support the various telecommunication relay services, please contact h2o Wireless’ customer service at: Email: CustomerService@locus.net Phone: 1-800-643-4926 or 611 from your Device during normal business hours: Monday through Sunday, 6:00 a.m. to 12:00 a.m. Mail: Locus Telecommunications, LLC 500 Frank W. Burr Blvd. suite 580 Teaneck, NJ 07666 Last Updated: October 20, 2023 BROADBAND TRANSPARENCY DISCLOSURE
To help keep customers informed about our mass market wireless broadband Internet access services (“Broadband Services”), this disclosure describes the Broadband Services we offer and provides information about the network management practices, performance characteristics, and commercial terms applicable to our Broadband Services, consistent with the Federal Communications Commission’s (“FCC’s”) Transparency Rule. Broadband Services provide subscribers with the ability to transmit and receive data from all or substantially all Internet endpoints. As a Mobile Virtual Network Operator (“MVNO”), we provide our Broadband Services using the facilities of our underlying carrier, a leading nationwide wireless provider (“Underlying Carrier”). As a result, while we have some control over aspects of your Broadband Service, we do not actively manage the network you use to receive Broadband Services from us—our Underlying Carrier does. The information provided in this statement should help customers make informed choices about the purchase and use of our Broadband Services, and will assist providers of Internet applications, content, and services in developing, marketing, and maintaining their Internet offerings. The information provided relates to your experience while using the network of our Underlying Carrier and may not describe the practices, performance, or terms you may experience while using extended coverage networks or roaming on affiliated networks. We encourage mass market customers and other users of our Broadband Services to familiarize themselves with this information and to provide us with feedback about our Broadband Services so that we can continue to provide an excellent experience. Nothing in this disclosure changes your rights and obligations, or ours, under our Terms and Conditions, available at https://www.h2owireless.com/terms-conditions, or our Privacy Policy, available at https://www.h2owireless.com/policy. This disclosure is provided for informational purposes only and we may change the information at any time, without notice. Network Practices How does H2O Wireless manage congestion with respect to its Broadband Services? H2O Wireless, through its Underlying Carrier, which owns and operates the network that H2O Wireless uses to provide service, strives to provide a high-quality Internet experience for all of our customers. Like the other networks that make up the Internet, the network of our Underlying Carrier is a shared network, which means that the transmission links and other network resources used to provide Broadband Services are shared among H2O Wireless’ subscribers and other users of our Underlying Carrier’s network. Our Underlying Carrier manages its network for the benefit of all users based on a variety of factors and its technical expertise. Nonetheless, temporary congestion may occur when a large number of customers in a concentrated area access the network at the same time or when some customers consume a very large amount of network capacity during busy periods, such as at stadium events, during peak usage times, or during planned network maintenance. Congestion-Based Data Management. During periods of congestion, our Underlying Carrier may use Congestion-Based Data Management to manage the network. With Congestion-Based Data Management, customers with unlimited data plans may experience reduced data speeds and increased latency as compared to other customers using the same cell site. However, even when subject to this congestion management practice, the amount of data these customers may use will never be limited and they will never be subject to data overage charges. Reduced speeds and increased latency may cause websites to load more slowly or affect the performance of data-heavy activities such as video streaming or interactive gaming. Customers subject to Congestion-Based Data Management will experience reduced speeds and increased latency only when they use data at a cell site experiencing network congestion at the same moment. As soon as the congestion at the cell site abates, or if the customer’s session migrates to an uncongested cell site, speed and latency will return to normal. In addition, this network management practice adjusts dynamically to address the amount of congestion, which can start and stop over a very short time period (often measured in fractions of a second), further minimizing any customer impact. Because the amount of congestion at a cell site can vary significantly, the performance impact for affected unlimited data plan customers may also vary significantly, but such impact will last only as long as the site is congested. Buffer Tuning. With the ever increasing growth in smart phone and tablet usage on wireless networks, and the growing prevalence of video downloads, our Underlying Carrier has deployed a reasonable network management video optimization technique in its mobile data network. That technique delivers recorded video to the user’s device in a “just in time” fashion (“Buffer Tuning”). Buffer Tuning only applies to internet browser traffic (HTTP, port 80) for recorded video downloads, regardless of the source, and does not affect real-time streaming video. Without Buffer Tuning, video content may be completely delivered to the device and charged against the user’s data plan regardless of whether it is viewed. With Buffer Tuning, a sufficient amount of video is delivered to the device so that the user can start viewing the video, and the remainder of the video is delivered just in time to the device as needed for uninterrupted viewing. This optimizes the user’s data plan consumption. Additionally, this frees up network resources for all users. Buffer Tuning does not alter video content and should not directly introduce any adverse impact to the viewing experience. Does H2O Wireless limit data usage or provide customers with tools to monitor and control their data usage? H2O Wireless offers prepaid plans with pre-established allotments of data with opportunities to purchase additional data allotments as top-ups. H2O Wireless also offers pay-as-you-go plans, where the availability of data is based on a customer’s account balance. Customers may determine their remaining data by calling customer service. Does H2O Wireless favor certain websites or Internet applications by blocking or throttling traffic, modifying particular protocols, or prioritizing certain traffic on its Broadband Services? No, H2O Wireless does not favor certain websites or Internet applications by blocking or throttling lawful internet traffic on the basis of content, application, service, user, or use of non-harmful devices on its Broadband Services. Nor does H2O Wireless modify particular protocols, protocol ports, or protocol fields in ways not prescribed by the protocol standards, subject to reasonable network management. Additionally, neither H2O Wireless nor its Underlying Carrier directly or indirectly favor some traffic over other traffic (such as through prioritization, resource reservation, or traffic shaping) for any type of consideration. In response to a specific security threat against the networks of our Underlying Carriers or our customers, we or our Underlying Carrier may occasionally need to limit the flow of traffic from certain locations or take other appropriate actions. Additionally, our Underlying Carrier may favor some traffic over other traffic to address the needs of emergency communications, law enforcement, public safety, or national security authorities, consistent with or as permitted by applicable law. How does H2O Wireless handle alleged copyright infringement by subscribers to its Broadband Services? Our Underlying Carrier utilizes a copyright alert process to respond to alleged copyright infringement activities using peer-to-peer file sharing and attempts to educate customers about the importance of protecting copyright and lawful use of content available over the Internet. Under the program, content owners may notify our Underlying Carrier of alleged copyright infringement based on the IP address of a user. Our Underlying Carrier will pass the request to us, and then we will attempt to identify a subscriber account based on that IP address and forward a copyright alert to that subscriber, advising the subscriber of the allegation and providing information about online copyright infringement, so that the subscriber, as the account holder, can take steps to prevent any future possible infringement using the Broadband Services. If a subscriber receives additional alerts, we may temporarily redirect the subscriber to a webpage where the subscriber must review material on the importance of copyright and the lawful use of content available over the Internet. Upon completion of this review, such redirection will be discontinued and the subscriber’s Broadband Services will be restored to normal. If a subscriber continues to receive alerts, we or our Underlying Carrier may take action consistent with Section 512(i) of the Digital Millennium Copyright Act, which may result in termination of the subscriber’s Broadband Services. Subscriber personal information is protected throughout this process—we will not provide such information to content owners unless required to do so by court order. What practices has H2O Wireless adopted to manage network security? As an MVNO, H2O Wireless does not have the ability to manage the security of its Underlying Carrier’s network. However, our Underlying Carrier proactively monitors network activity to help guard against a wide range of security threats, including viruses, botnets, worms, distributed denial of service attacks, SPAM, and other harmful activity. We cannot guarantee that you will not encounter unwanted, harmful, or malicious internet traffic while using our Broadband Services and encourage you to adopt your own reasonable security practices. Our Underlying Carrier uses a variety of network tools to monitor network activity and health to maintain its stability and functionality, to protect the network against threats, and for other operational purposes. As our service provider, our Underlying Carrier stores the information it gathers through this monitoring for only as long as we have a business purpose for our Underlying Carrier to maintain it. Our Privacy Policy further describes how we collect, use, and share this information. You can view our Privacy Policy at https://www.h2owireless.com/policy. If our Underlying Carrier detects a security threat, it will typically attempt to isolate the threat and minimize the impact to network services. It may use a variety of security measures to protect the network, including blocking malicious or unlawful traffic, redirecting the flow of traffic over some portions of the network, or taking other actions to address the threat. For example, it blocks certain ports that transfer malicious or disruptive traffic (such as Ports 25, 135, 139, 445, and 1900) and may block additional ports in the future based upon threat assessments. It also attempts to limit actions to the specific portions of the network or customer base impacted by the security threat and only for as long as necessary to mitigate the threat. Our Underlying Carrier may scan or analyze network addresses that are registered through the Underlying Carrier, including addresses that may have been delegated to customers, and/or routes that originate from the Underlying Carrier’s networks to detect vulnerabilities that might be used to compromise the assets of H2O Wireless, our Underlying Carrier, its subscribers, or our subscribers or that might be used in attacks against others. In doing so, it seeks to avoid disrupting network service to customers. We and our Underlying Carrier may use information derived from these activities to identify and address security issues or to notify subscribers of issues. Does H2O Wireless restrict the types of devices that customers can use with its Broadband Services? H2O Wireless’ customers may attach 3G-, 4G-, 4G-LTE, or 5G-capable devices of their choice to our Broadband Services, so long as the devices are FCC-approved, are compatible with the technology used in our Underlying Carrier’s network, do not harm the network or other users, and are not designed only for accessing data services. Devices must also be used in a manner consistent with our Terms and Conditions, including our Authorized Use policy. For example, some data plans are designated for use with only a basic phone or smartphone, in which case customers may not use their devices as a personal hotspot while other plans explicitly allow customers to use their devices as a personal hotspot. Our Underlying Carrier has retired its 2G network, and as a result, 2G-only capable devices will not be activated to attach to our Broadband Services. customers may not use their devices as a personal hotspot while other plans explicitly allow
customers to use their devices as a personal hotspot. Our Underlying Carrier has retired its 2G network, and as a result, 2G-only capable devices will not be activated to attach to our Broadband Services. Performance Characteristics What factors affect the performance of my Broadband Services? End-to-end performance of your service can depend on a variety of factors, many of which are outside of our control, including: your location relative to our coverage area, your proximity to a cell site, the capacity of the cell site, the number of other subscribers connected to the same cell site, the number of subscribers simultaneously using the network, the services other users are using, topography, weather, obstructions, use inside a building or a moving vehicle, radio frequency interference, the capabilities of your device, the applications you are using, the server with which you are communicating through your usage, the destination of your Internet traffic, overall traffic on the Internet, whether there are network outages, and applicable network management practices as discussed above. In addition, our Underlying Carrier has designed its wireless services to provide our customers with a high-quality voice experience during simultaneous voice and data sessions, which may affect data performance, including, but not limited to, a temporary reduction in speed to minimize the likelihood of dropped calls. Although our Underlying Carrier engineers its network to accommodate all users and user types based on a variety of factors, including average and anticipated peak usage of the network, many factors cannot be anticipated or are outside of our and our Underlying Carrier’s control. These factors can impact the availability of network resources for Broadband Services at any particular time. What performance can I expect from H2O Wireless’ Broadband Services? We and our Underlying Carrier each strive to manage the networks to provide you optimal performance. However, because many different factors can affect the performance of Broadband Services, as discussed above, neither we nor our Underlying Carrier guarantee specific performance levels of our Broadband Services. Broadband Service performance is generally evaluated based on speed and latency. The speed and latency you can expect to receive using our Broadband Services are described below. Our speed and latency measurements are based on data from third-party, crowd-sourced testing of actual network performance compiled by our Underlying Carrier. The ranges provided below represent network performance nationally between the 25th and 75th percentile and you may occasionally experience performance levels outside our estimated ranges. Speed Speed reflects the capacity at which Broadband Services can transmit data. This capacity is typically measured in the number of kilobits, megabits, or gigabits that can be transmitted in one second (kbps, Mbps, or Gbps). Some applications, like a short email without attachments or basic web browsing, do not require high-speed service to function optimally. Other activities, like transferring large data files, can be performed faster with higher-speed services. The speeds you receive from our Broadband Services may not be optimal for certain applications, particularly those involving real-time or near real-time, high-bandwidth uses, such as streaming video or video conferencing. Some plans provide customers with a monthly per line allotment of data after which the data transmission speeds will be reduced to a significantly slower speed (e.g., 256 Kbps) for the remainder of the bill cycle, as set forth in the terms and conditions of the plan. Similarly, for unlimited data plans, data transmission speeds may be reduced to a significantly slower speed (e.g., 128 Kbps) for the remainder of the bill cycle after a specified data use threshold is met. We expect our customers will typically experience speeds within the following ranges, which do not necessarily reflect speeds achievable along the entire end-to-end transmission path to all Internet destinations:
Latency Latency, also known as delay, is the amount of time from when a data packet is sent to when it is received. For Broadband Services, latency is usually expressed as the round-trip time in milliseconds (ms) that it takes for a data packet to travel between two end points on the Internet (from point A to point B and then back to point A). Some applications, such as email, can tolerate a substantial amount of latency without any noticeable impact on the application’s performance. Other applications, such as real-time video conferencing, require lower latency to function properly. End-to-end latency reflects the cumulative effect of the individual latencies that occur along the end-to-end network path. We expect our customers will typically experience the following round-trip latencies when accessing the Internet using our Broadband Services:
Commercial Terms Where can I find the prices and other fees that apply to H2O Wireless’ Broadband Services? Descriptions of the prices and fees applicable to our Broadband Services are available on our website. For more information, please review our rate and data plan information at https://www.h2owireless.com/plan/monthly. H2O Wireless does not charge termination fees. Where can I find the Terms and Conditions and the Authorized Use policy that apply to the H2O Wireless’ Broadband Services? The Terms and Conditions, which includes the Authorized Use policy, can be found at https://www.h2owireless.com/terms-conditions. What are H2O Wireless’ privacy practices for its Broadband Services? To learn about our privacy practices for our Broadband Services, please review our Privacy Policy at https://www.h2owireless.com/policy. How can I get assistance if I have a question or concern or need more information about H2O Wireless’ Broadband Services? If you have questions or concerns about our Broadband Services, please contact us using the following information: Email: CustomerService@locus.net Phone: 1-800-643-4926 or 611 from your device during normal business hours: Monday through Sunday, 9:00 a.m. to 12:00 a.m. o Locus Telecommunications, LLC 500 Frank W. Burr Blvd. suite 580 Teaneck, New Jersey 07666 Effective May 2023
(3) Refunds H2O Wireless does not exchange products purchased on www.h2owireless.com unless specifically requested on the Return & Exchange Form. Please allow up to 4-6 weeks to receive your credit card refund which will be applied to the credit card account to which your purchase was initially charged. Taxes and fees charged, if any, shall also be refunded upon submission of a valid refund request. (4) Restrictions & Fees Prepaid account balances and original shipping and handling fees are not refundable.
H2O Wireless Rewards Program Terms and Conditions1. GENERAL
These H2O Wireless Rewards Program Terms and Conditions (“Program Terms and Conditions”) govern your participation in the Program (as that term is defined below) and constitute an agreement (“Agreement”) between you and Locus Telecommunications, LLC (“Locus”). By enrolling or participating in the Program you: A. Acknowledge that you have read and under this Agreement and agree to these Program Terms and Conditions; B. Agree to the term of the Privacy Policy available at h2owireless.com; and C. Agree to the Terms and Conditions available at h2owireless.com. By enrolling in the Program, you consent to the release of your personal information, including but not limited to name and email address, to third parties to administer the Program. You agree to receive communications, including but not limited to via email and phone number, by H2O Wireless and third parties administering the Program, regarding your Program activity. Any information collected by Locus based on your participation in the Program is governed by the Privacy Policy. This Program is separate and distinct from and may not be combined with any other programs offered by Locus, including but not limited to, rewards, loyalty, promotions, bonus, sweepstakes, or contests. Your participation in any such other programs is subject to the applicable terms and conditions of that program and not these Program Terms and Conditions. Unless otherwise defined herein, capitalized terms used in these Program Terms and Conditions have the meaning given to them in the Terms and Conditions referenced above. “You” means an H2O customer, a Participant, and/or a Referrer, as the case may be. 2. PROGRAM ELIGIBILITY A. You will not be automatically enrolled in the Program. You must enroll in the Program and participate in the program to receive Program rewards. Participation in the H2O Wireless Rewards Program and the rewards of the Program are offered at the sole discretion of H2O Wireless (“H2O”). “Program” means the H2O Wireless Rewards Program including the Refer a Friend Program. B. Only H2O customers who meet the following eligibility requirements may enroll in the Program through h2owireless.com: (i) a resident of the fifty (50) United States or Puerto Rico, (ii) who is eighteen (18) years of age or older as of the date of enrollment in the Program, (iii) has a current account for H2O services and/or products and it is in good standing, and (iv) which account has an active MDN for the H2O Monthly plan or H2O Pay As You Go plan and valid email address. “MDN” means a Mobile Directory Number – the actual phone number one would dial to reach a specific mobile phone. “H2O Rewards Account” means the account as described above and which is registered for the Program. Excluded from the program are: Multiline Program, Auto Recharge, and Friends & Family Plan. C. Participation in the Program is limited to one (1) per eligible H2O customer. D. Participation in the Program is nontransferable and subject to the present and future Program Terms and Conditions. This Program is void to the extent where prohibited by law. State fees and taxes may apply where required by law. 3. PROGRAM DESCRIPTION AND REWARDS. The Program allows a Participant to earn and redeem rewards (“Points”) in a variety of manners, subject to the terms and conditions contained herein. Points can be redeemed as described herein. “Participant” means an individual enrolled in the Program in accordance with these Program Terms and Conditions. B. A Participant can review his or her rewards balance online at h2owireless.com. C. Purchase of Eligible Reward Items. Two (2) Points for every dollar spent on the products and/or services identified below (“Eligible Rewards Items”) purchased online at h2owireless.com. Only purchases made on h2owireless.com, subject to these Program Terms and Conditions, qualify for Points. Points are awarded on the retail price at the time of purchase of the below identified Eligible Rewards Items. Points are NOT calculated or awarded on any other charges, shipping, or taxes. Eligible Rewards Items are as follows:
D. Other Ways to Earn Points. (i) Other than by the purchase of Eligible Rewards Items as identified above, a Participant may earn Points as follows:
E. Once earned, Points will be added to
your H2O Rewards Account and available for use. Notification of
earned rewards Points will be delivered via email to the email address
or sms associated with the H2O Rewards Account.
F. Points cannot be earned on purchases made prior to the time of enrollment of the Participant in the Program. Points cannot be redeemed for purchases made prior to the time Points are earned. Points are not your property. Points cannot be earned on recharges of any line in auto recharge and an H2O Friends and Family Plan, including, but not limited to, the primary line. G. Points have no fixed or cash value and cannot be redeemed for cash, a cash equivalent, or any other monetary value, including but not limited, to credit on an H2O Rewards Account. Points are non-transferrable and cannot be purchased, sold, bartered, or given or combined between multiple Participants or between H2O Rewards Accounts. Points can only be used to redeem rewards on h2owireless.com as described herein. 4. REDEEMING POINTS A. Points can only be redeemed by Participants as discounts off the retail price at the time of purchase of an eligible purchase item identified below (“EPI”) purchased by Participant online at h2owireless.com and will be applied to MDN. B. 100 Points = One dollar and zero cents ($1.00) in available discount off the retail price at the time of purchase of an EPI identified on h2owireless.com. Each redemption of Points requires a minimum of 100 Points applied to each occurrence of redemption. C. You can choose to redeem your available points at the time of checkout on h2owireless.com. D. Points can be redeemed for the following EPI:
Points cannot be redeemed for any other charges, fees, shipping, and/or
taxes.
E. Forfeiture of Points; Cancellation of the MDN associated with the H2O Rewards Account. Once Points are redeemed, they are forfeited even if you later cancel or return the purchased EPI. If Points are redeemed on a purchase that is later cancelled or returned by Participant, the redeemed Points are forfeited and will not be replaced in your account. Points awarded for a purchase that is cancelled/returned will be revoked. Points cannot be redeemed on recharges of any line in a Friends and Family Plan, including, but not limited to, the primary line. 5. EXPIRATION OF POINTS A. Points earned by and awarded to a Participant from the purchase of an Eligible Rewards Item expire one (1) year after the date earned. B. Points earned by and awarded to a Participant from (i) New Activations (excluding H2O Family and Friends Plan activations); and (ii) H2O Wireless Refer a Friend Program expire ninety (90) days after the date earned. 6. H2O WIRELESS REFER A FRIEND PROGRAM; TERMS AND CONDITIONS Except as otherwise noted herein, the RAF Program (as that term is defined below) is governed by the Program Terms and Conditions. H2O Pay As You Go plans are NOT included in the RAF program. A. General Participation in the H2O Wireless Refer a Friend Program (“RAF Program”) and the rewards of the RAF Program are offered at the sole discretion of H2O. Participation in the RAF Program is subject to the present and future H2O Wireless Refer a Friend Program Terms and Conditions (“RAF Terms and Conditions”) and Program Terms and Conditions. B. Eligibility and Enrolling in the Program “Referrers” are defined as a Participant who initiates a referral through h2owireless.com. “Referees” are defined as non-customers who purchase an H2O Monthly plan and complete the activation process pursuant to a Participant’s referral. “non-customer” means an individual who does not have an account with H2O. Referrers: To earn Points on referrals, the Referrer must enroll in the RAF Program through h2owireless.com and agree to the RAF Terms and Conditions. Certain personal information of the Referee is required, including but not limited to a valid email address. You may only participate in the RAF Program using one H2O Rewards Account. You cannot refer yourself. By enrolling in the RAF Program, you consent to the release of your personal information, including but not limited to name and email address, to third parties to administer the Program. You agree to receive communications, including but not limited to via email, by H2O and third parties administering the RAF Program, regarding your RAF Program activity. Referees: Referees cannot be current H2O customers; referees must be new H2O customers. C. RAF Program Participation – How it Works In order for the Referrer to receive the Points identified herein, a Referee must complete the following steps within ninety (90) days from the date of receipt by Referee of the coupon code generated by the Referrer clicking on the link in the offer: (i) purchase an H2O Monthly plan using the coupon code provided; (ii) activate the H2O Monthly plan; and (iii) create an H2O Rewards Account. Referrers may only send referrals through means authorized and identified by H2O (e.g., email, specified social media sites). Self-referrals, renewing your plan, and adding a line to an existing account do not qualify for the RAF Program or Points. Referrers will not be awarded any Points for: (i) rejected referrals; (ii) referrals not received for any reason; (iii) a referee’s activation of a qualifying plan without using the coupon code generated by the referral link; and/or (iv) referrals or activations that are found ineligible by H2O in its sole discretion. H2O reserves the right to reject and/or find ineligible any referral for any reason or for no reason at sole discretion. D. Participation in the RAF Program may require you to disclose personal information about you and the persons you refer, such as name and email address. You agree to allow us to communicate with the persons you refer about your participation in the RAF Program (i.e. disclosing that an invitation was sent by you). Referrals should only be used for personal and non-commercial purposes. You may not send referrals using spam, display advertising, unsolicited commercial email, sponsored links, links on message boards or forums, or any other form of illegal means of communication. E. H2O reserves the right to void any referral and/or Points, and terminate your account and/or eligibility to earn Points, if H2O, in its sole discretion, suspects or determines that you have violated any of the RAF Terms and Conditions or engaged in any fraudulent activity. F. RAF Program Points are subject to the Program Terms and Conditions. For qualifying uses of Points, limitations of use, and complete details, see the Program Terms and Conditions at h2owireless.com. Referrers: Referrers earn 3,000 points for each Referee who completes the steps outlined in these RAF Terms and Conditions. Points are allocated to the Referrer upon the Referee’s qualifying purchase and activation of a H2O Monthly plan. RAF points are applied to MDN not email. You can refer up to 10 people per month, which is a total of 120 referrals per year. Referees: Referees earn 1000 Points upon completion of the steps outlined herein, including but not limited to, the purchase and activation of an H2O Monthly plan using the coupon code generated from the referral. Limit to one (1) H2O Rewards Account per individual per year. 7. LIMITATION OF WARRANTY A. THE PROGRAM IS BEING PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO EXPRESS OR IMPLIED WARRANTY OR CONDITION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, H2O EXCLUDES ALL CONDITIONS, REPRESENTATIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED INTO OR INCORPORATED INTO THIS AGREEMENT, WHETHER BY STATUTE, COMMON LAW OR OTHERWISE, WITH RESPECT TO THE PROGRAM, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND TERMS AS TO MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR ANY PARTICULAR PURPOSE AND IMPLIED WARRANTIES AND TERMS ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. B. YOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED UPON ANY REPRESENTATION, WARRANTY OR OTHER ASSURANCE GIVEN OR MADE BY OR ON BEHALF OF H2O PRIOR TO THIS AGREEMENT AND YOU WAIVE ALL REMEDIES WHICH, BUT FOR THIS SECTION, MIGHT OTHERWISE BE AVAILABLE TO YOU IN RESPECT OF SUCH REPRESENTATION, WARRANTY OR OTHER ASSURANCE. C. H2O DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OF, OR ACCURACY OF ADVERTISEMENTS FOR, ANY MERCHANDISE, PRODUCTS, OR SERVICES OFFERED OR PROVIDED BY OFFER PROVIDER OR SUPPLIERS IN CONJUNCTION WITH THE PROGRAM. IN ADDITION, ALTHOUGH H2O INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE PROGRAM WEBSITE AND REWARDS APPLICATIONS, H2O DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS THAT THE PROGRAM WEBSITE AND REWARDS APPLICATIONS ARE FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, H2O DOES NOT WARRANT THAT ACCESS TO THE PROGRAM WEBSITE AND REWARDS APPLICATIONS WILL BE UNINTERRUPTED OR ERROR-FREE, AND H2O ASSUMES NO RESPONSIBILITY FOR ANY LOSS OR DAMAGE CAUSED BY YOUR ACCESS, OR INABILITY TO ACCESS, THE PROGRAM WEBSITE. 8. LIMITATION OF LIABILITY EXCEPT TO THE EXTENT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES SHALL H2O, BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING ANY DAMAGES FOR LOSS OF INCOME OR PROFITS)), HOWEVER CAUSED AND WHETHER ARISING BY STATUTE, COMMON LAW OR OTHERWISE IN CONNECTION WITH: (I) THE PROGRAM; (II) ANY FAILURE, DELAY, OR DECISION BY H2O IN ADMINISTERING THE PROGRAM; (III) THE USE OR INABILITY TO USE THIS WEBSITE; (IV) THE USE OR INABILITY TO USE ANY APPLICATION RELATING TO THE PROGRAM, INCLUDING THE REWARDS APPLICATION OR (V) THE PURCHASE OR USE OF ANY MERCHANDISE, PRODUCTS, OR SERVICES OF OFFER PROVIDERS OR SUPPLIERS, EVEN IF H2O, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. 9. INDEMNIFICATION You shall indemnify, defend and hold harmless H2O and its officers, directors, agents and employees from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of, in connection with or related to the following: Your access to or use of the Program, any Program application, or third party content and services; your breach of this Agreement; your violation of law; your negligence or willful misconduct; or your violation of the rights of a third party. You will promptly notify H2O in writing of any third-party claim arising out of or in connection with your access to or use of the Program or any Program website or application. 10. DISPUTES; DISPUTE RESOLUTION BY BINDING ARBITRATION PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. Most customer concerns can be resolved quickly and to the customer's satisfaction by calling our customer service department at 1-800-643-4926. In the unlikely event that H2O's customer service department is unable to resolve a complaint you may have to your satisfaction (or if H2O has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. Any controversy or claim arising out of or relating to this Agreement, Program Terms and Conditions, Program, RAF Program, and/or Points (including, but not limited to, the awarding, redemption or revocation), shall be governed by and construed in accordance with the substantive laws of the state of New Jersey without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws and shall be resolved in accordance with the section titled Mandatory Arbitration of Disputes of the Terms and Conditions located at h2owireless.com. 11. MISCELLANEOUS A. H2O reserves the right to modify the Program and/or the Program Terms and Conditions rules in its sole discretion, including but not limited to the number of points awarded, the types of purchases/activities eligible for points, the redemption rate, Points expiration dates, and conditions of participation in the Program, at any time without prior notice even though the changes may affect the value of the points already accumulated. B. H2O reserves the right to terminate or suspend the Program at any time without prior notice and without further obligations to H2O customers, Participants, Referrers, or Referees. In the event of Program termination, you will be given a reasonable period of time to redeem any accumulated Points as identified in these Program Terms and Conditions. Further, in the event of Program termination, you will no longer continue to earn Points. C. Abuse of the Program, as determined by H2O in its sole judgment, including but not limited to failure to follow Program rules, the sale or barter of points, using multiple accounts in an effort to abuse the Program, and false referrals for the RAF Program, may result in a Participant being disqualified from the Program, forfeiture of accumulated Points, and/or a permanent ban on Program participation. D. These Program Terms and Conditions are separate and independent from the general terms and conditions for H2O Wireless service found at h2owireless.com. © 2023 Locus Telecommunications, LLC. Participants may copy these Official Rules for personal use only and not for any commercial purpose whatsoever. “H2O” and “H2O Wireless” are dbas of Locus. “H2O” is a registered trademark of Locus. Rewards Program and RAF Program are subject to change without notice. All rights reserved. BROADBAND TRANSPARENCY DISCLOSURE
To help keep customers informed about our mass market wireless broadband Internet access services (“Broadband Services”), this disclosure describes the Broadband Services we offer and provides information about the network management practices, performance characteristics, and commercial terms applicable to our Broadband Services, consistent with the Federal Communications Commission’s (“FCC’s”) Transparency Rule. Broadband Services provide subscribers with the ability to transmit and receive data from all or substantially all Internet endpoints. As a Mobile Virtual Network Operator (“MVNO”), we provide our Broadband Services using the facilities of our underlying carrier, a leading nationwide wireless provider (“Underlying Carrier”). As a result, while we have some control over aspects of your Broadband Service, we do not actively manage the network you use to receive Broadband Services from us—our Underlying Carrier does. The information provided in this statement should help customers make informed choices about the purchase and use of our Broadband Services, and will assist providers of Internet applications, content, and services in developing, marketing, and maintaining their Internet offerings. The information provided relates to your experience while using the network of our Underlying Carrier and may not describe the practices, performance, or terms you may experience while using extended coverage networks or roaming on affiliated networks. We encourage mass market customers and other users of our Broadband Services to familiarize themselves with this information and to provide us with feedback about our Broadband Services so that we can continue to provide an excellent experience. Nothing in this disclosure changes your rights and obligations, or ours, under our Terms and Conditions, available at https://www.h2owireless.com/terms-conditions, or our Privacy Policy, available at https://www.h2owireless.com/policy. This disclosure is provided for informational purposes only and we may change the information at any time, without notice. Network Practices How does H2O Wireless manage congestion with respect to its Broadband Services? H2O Wireless, through its Underlying Carrier, which owns and operates the network that H2O Wireless uses to provide service, strives to provide a high-quality Internet experience for all of our customers. Like the other networks that make up the Internet, the network of our Underlying Carrier is a shared network, which means that the transmission links and other network resources used to provide Broadband Services are shared among H2O Wireless’ subscribers and other users of our Underlying Carrier’s network. Our Underlying Carrier manages its network for the benefit of all users based on a variety of factors and its technical expertise. Nonetheless, temporary congestion may occur when a large number of customers in a concentrated area access the network at the same time or when some customers consume a very large amount of network capacity during busy periods, such as at stadium events, during peak usage times, or during planned network maintenance. Congestion-Based Data Management. During periods of congestion, our Underlying Carrier may use Congestion-Based Data Management to manage the network. With Congestion-Based Data Management, customers with unlimited data plans may experience reduced data speeds and increased latency as compared to other customers using the same cell site. However, even when subject to this congestion management practice, the amount of data these customers may use will never be limited and they will never be subject to data overage charges. Reduced speeds and increased latency may cause websites to load more slowly or affect the performance of data-heavy activities such as video streaming or interactive gaming. Customers subject to Congestion-Based Data Management will experience reduced speeds and increased latency only when they use data at a cell site experiencing network congestion at the same moment. As soon as the congestion at the cell site abates, or if the customer’s session migrates to an uncongested cell site, speed and latency will return to normal. In addition, this network management practice adjusts dynamically to address the amount of congestion, which can start and stop over a very short time period (often measured in fractions of a second), further minimizing any customer impact. Because the amount of congestion at a cell site can vary significantly, the performance impact for affected unlimited data plan customers may also vary significantly, but such impact will last only as long as the site is congested. Buffer Tuning. With the ever increasing growth in smart phone and tablet usage on wireless networks, and the growing prevalence of video downloads, our Underlying Carrier has deployed a reasonable network management video optimization technique in its mobile data network. That technique delivers recorded video to the user’s device in a “just in time” fashion (“Buffer Tuning”). Buffer Tuning only applies to internet browser traffic (HTTP, port 80) for recorded video downloads, regardless of the source, and does not affect real-time streaming video. Without Buffer Tuning, video content may be completely delivered to the device and charged against the user’s data plan regardless of whether it is viewed. With Buffer Tuning, a sufficient amount of video is delivered to the device so that the user can start viewing the video, and the remainder of the video is delivered just in time to the device as needed for uninterrupted viewing. This optimizes the user’s data plan consumption. Additionally, this frees up network resources for all users. Buffer Tuning does not alter video content and should not directly introduce any adverse impact to the viewing experience. Does H2O Wireless limit data usage or provide customers with tools to monitor and control their data usage? H2O Wireless offers prepaid plans with pre-established allotments of data with opportunities to purchase additional data allotments as top-ups. H2O Wireless also offers pay-as-you-go plans, where the availability of data is based on a customer’s account balance. Customers may determine their remaining data by calling customer service. Does H2O Wireless favor certain websites or Internet applications by blocking or throttling traffic, modifying particular protocols, or prioritizing certain traffic on its Broadband Services? No, H2O Wireless does not favor certain websites or Internet applications by blocking or throttling lawful internet traffic on the basis of content, application, service, user, or use of non-harmful devices on its Broadband Services. Nor does H2O Wireless modify particular protocols, protocol ports, or protocol fields in ways not prescribed by the protocol standards, subject to reasonable network management. Additionally, neither H2O Wireless nor its Underlying Carrier directly or indirectly favor some traffic over other traffic (such as through prioritization, resource reservation, or traffic shaping) for any type of consideration. In response to a specific security threat against the networks of our Underlying Carriers or our customers, we or our Underlying Carrier may occasionally need to limit the flow of traffic from certain locations or take other appropriate actions. Additionally, our Underlying Carrier may favor some traffic over other traffic to address the needs of emergency communications, law enforcement, public safety, or national security authorities, consistent with or as permitted by applicable law. How does H2O Wireless handle alleged copyright infringement by subscribers to its Broadband Services? Our Underlying Carrier utilizes a copyright alert process to respond to alleged copyright infringement activities using peer-to-peer file sharing and attempts to educate customers about the importance of protecting copyright and lawful use of content available over the Internet. Under the program, content owners may notify our Underlying Carrier of alleged copyright infringement based on the IP address of a user. Our Underlying Carrier will pass the request to us, and then we will attempt to identify a subscriber account based on that IP address and forward a copyright alert to that subscriber, advising the subscriber of the allegation and providing information about online copyright infringement, so that the subscriber, as the account holder, can take steps to prevent any future possible infringement using the Broadband Services. If a subscriber receives additional alerts, we may temporarily redirect the subscriber to a webpage where the subscriber must review material on the importance of copyright and the lawful use of content available over the Internet. Upon completion of this review, such redirection will be discontinued and the subscriber’s Broadband Services will be restored to normal. If a subscriber continues to receive alerts, we or our Underlying Carrier may take action consistent with Section 512(i) of the Digital Millennium Copyright Act, which may result in termination of the subscriber’s Broadband Services. Subscriber personal information is protected throughout this process—we will not provide such information to content owners unless required to do so by court order. What practices has H2O Wireless adopted to manage network security? As an MVNO, H2O Wireless does not have the ability to manage the security of its Underlying Carrier’s network. However, our Underlying Carrier proactively monitors network activity to help guard against a wide range of security threats, including viruses, botnets, worms, distributed denial of service attacks, SPAM, and other harmful activity. We cannot guarantee that you will not encounter unwanted, harmful, or malicious internet traffic while using our Broadband Services and encourage you to adopt your own reasonable security practices. Our Underlying Carrier uses a variety of network tools to monitor network activity and health to maintain its stability and functionality, to protect the network against threats, and for other operational purposes. As our service provider, our Underlying Carrier stores the information it gathers through this monitoring for only as long as we have a business purpose for our Underlying Carrier to maintain it. Our Privacy Policy further describes how we collect, use, and share this information. You can view our Privacy Policy at https://www.h2owireless.com/policy. If our Underlying Carrier detects a security threat, it will typically attempt to isolate the threat and minimize the impact to network services. It may use a variety of security measures to protect the network, including blocking malicious or unlawful traffic, redirecting the flow of traffic over some portions of the network, or taking other actions to address the threat. For example, it blocks certain ports that transfer malicious or disruptive traffic (such as Ports 25, 135, 139, 445, and 1900) and may block additional ports in the future based upon threat assessments. It also attempts to limit actions to the specific portions of the network or customer base impacted by the security threat and only for as long as necessary to mitigate the threat. Our Underlying Carrier may scan or analyze network addresses that are registered through the Underlying Carrier, including addresses that may have been delegated to customers, and/or routes that originate from the Underlying Carrier’s networks to detect vulnerabilities that might be used to compromise the assets of H2O Wireless, our Underlying Carrier, its subscribers, or our subscribers or that might be used in attacks against others. In doing so, it seeks to avoid disrupting network service to customers. We and our Underlying Carrier may use information derived from these activities to identify and address security issues or to notify subscribers of issues. Does H2O Wireless restrict the types of devices that customers can use with its Broadband Services? H2O Wireless’ customers may attach 3G-, 4G-, 4G-LTE, or 5G-capable devices of their choice to our Broadband Services, so long as the devices are FCC-approved, are compatible with the technology used in our Underlying Carrier’s network, do not harm the network or other users, and are not designed only for accessing data services. Devices must also be used in a manner consistent with our Terms and Conditions, including our Authorized Use policy. For example, some data plans are designated for use with only a basic phone or smartphone, in which case customers may not use their devices as a personal hotspot while other plans explicitly allow customers to use their devices as a personal hotspot. Our Underlying Carrier has retired its 2G network, and as a result, 2G-only capable devices will not be activated to attach to our Broadband Services. customers may not use their devices as a personal hotspot while other plans explicitly allow
customers to use their devices as a personal hotspot. Our Underlying Carrier has retired its 2G network, and as a result, 2G-only capable devices will not be activated to attach to our Broadband Services. Performance Characteristics What factors affect the performance of my Broadband Services? End-to-end performance of your service can depend on a variety of factors, many of which are outside of our control, including: your location relative to our coverage area, your proximity to a cell site, the capacity of the cell site, the number of other subscribers connected to the same cell site, the number of subscribers simultaneously using the network, the services other users are using, topography, weather, obstructions, use inside a building or a moving vehicle, radio frequency interference, the capabilities of your device, the applications you are using, the server with which you are communicating through your usage, the destination of your Internet traffic, overall traffic on the Internet, whether there are network outages, and applicable network management practices as discussed above. In addition, our Underlying Carrier has designed its wireless services to provide our customers with a high-quality voice experience during simultaneous voice and data sessions, which may affect data performance, including, but not limited to, a temporary reduction in speed to minimize the likelihood of dropped calls. Although our Underlying Carrier engineers its network to accommodate all users and user types based on a variety of factors, including average and anticipated peak usage of the network, many factors cannot be anticipated or are outside of our and our Underlying Carrier’s control. These factors can impact the availability of network resources for Broadband Services at any particular time. What performance can I expect from H2O Wireless’ Broadband Services? We and our Underlying Carrier each strive to manage the networks to provide you optimal performance. However, because many different factors can affect the performance of Broadband Services, as discussed above, neither we nor our Underlying Carrier guarantee specific performance levels of our Broadband Services. Broadband Service performance is generally evaluated based on speed and latency. The speed and latency you can expect to receive using our Broadband Services are described below. Our speed and latency measurements are based on data from third-party, crowd-sourced testing of actual network performance compiled by our Underlying Carrier. The ranges provided below represent network performance nationally between the 25th and 75th percentile and you may occasionally experience performance levels outside our estimated ranges. Speed Speed reflects the capacity at which Broadband Services can transmit data. This capacity is typically measured in the number of kilobits, megabits, or gigabits that can be transmitted in one second (kbps, Mbps, or Gbps). Some applications, like a short email without attachments or basic web browsing, do not require high-speed service to function optimally. Other activities, like transferring large data files, can be performed faster with higher-speed services. The speeds you receive from our Broadband Services may not be optimal for certain applications, particularly those involving real-time or near real-time, high-bandwidth uses, such as streaming video or video conferencing. Some plans provide customers with a monthly per line allotment of data after which the data transmission speeds will be reduced to a significantly slower speed (e.g., 256 Kbps) for the remainder of the bill cycle, as set forth in the terms and conditions of the plan. Similarly, for unlimited data plans, data transmission speeds may be reduced to a significantly slower speed (e.g., 128 Kbps) for the remainder of the bill cycle after a specified data use threshold is met. We expect our customers will typically experience speeds within the following ranges, which do not necessarily reflect speeds achievable along the entire end-to-end transmission path to all Internet destinations:
Latency Latency, also known as delay, is the amount of time from when a data packet is sent to when it is received. For Broadband Services, latency is usually expressed as the round-trip time in milliseconds (ms) that it takes for a data packet to travel between two end points on the Internet (from point A to point B and then back to point A). Some applications, such as email, can tolerate a substantial amount of latency without any noticeable impact on the application’s performance. Other applications, such as real-time video conferencing, require lower latency to function properly. End-to-end latency reflects the cumulative effect of the individual latencies that occur along the end-to-end network path. We expect our customers will typically experience the following round-trip latencies when accessing the Internet using our Broadband Services:
Commercial Terms Where can I find the prices and other fees that apply to H2O Wireless’ Broadband Services? Descriptions of the prices and fees applicable to our Broadband Services are available on our website. For more information, please review our rate and data plan information at https://www.h2owireless.com/plan/monthly. H2O Wireless does not charge termination fees. Where can I find the Terms and Conditions and the Authorized Use policy that apply to the H2O Wireless’ Broadband Services? The Terms and Conditions, which includes the Authorized Use policy, can be found at https://www.h2owireless.com/terms-conditions. What are H2O Wireless’ privacy practices for its Broadband Services? To learn about our privacy practices for our Broadband Services, please review our Privacy Policy at https://www.h2owireless.com/policy. How can I get assistance if I have a question or concern or need more information about H2O Wireless’ Broadband Services? If you have questions or concerns about our Broadband Services, please contact us using the following information: Email: CustomerService@locus.net Phone: 1-800-643-4926 or 611 from your device during normal business hours: Monday through Sunday, 9:00 a.m. to 12:00 a.m. o Locus Telecommunications, LLC 500 Frank W. Burr Blvd. suite 580 Teaneck, New Jersey 07666 Effective May 2023
(3) Refunds H2O Wireless does not exchange products purchased on www.h2owireless.com unless specifically requested on the Return & Exchange Form. Please allow up to 4-6 weeks to receive your credit card refund which will be applied to the credit card account to which your purchase was initially charged. Taxes and fees charged, if any, shall also be refunded upon submission of a valid refund request. (4) Restrictions & Fees Prepaid account balances and original shipping and handling fees are not refundable.
H2O Wireless Rewards Program Terms and Conditions1. GENERAL
These H2O Wireless Rewards Program Terms and Conditions (“Program Terms and Conditions”) govern your participation in the Program (as that term is defined below) and constitute an agreement (“Agreement”) between you and Locus Telecommunications, LLC (“Locus”). By enrolling or participating in the Program you: A. Acknowledge that you have read and under this Agreement and agree to these Program Terms and Conditions; B. Agree to the term of the Privacy Policy available at h2owireless.com; and C. Agree to the Terms and Conditions available at h2owireless.com. By enrolling in the Program, you consent to the release of your personal information, including but not limited to name and email address, to third parties to administer the Program. You agree to receive communications, including but not limited to via email and phone number, by H2O Wireless and third parties administering the Program, regarding your Program activity. Any information collected by Locus based on your participation in the Program is governed by the Privacy Policy. This Program is separate and distinct from and may not be combined with any other programs offered by Locus, including but not limited to, rewards, loyalty, promotions, bonus, sweepstakes, or contests. Your participation in any such other programs is subject to the applicable terms and conditions of that program and not these Program Terms and Conditions. Unless otherwise defined herein, capitalized terms used in these Program Terms and Conditions have the meaning given to them in the Terms and Conditions referenced above. “You” means an H2O customer, a Participant, and/or a Referrer, as the case may be. 2. PROGRAM ELIGIBILITY A. You will not be automatically enrolled in the Program. You must enroll in the Program and participate in the program to receive Program rewards. Participation in the H2O Wireless Rewards Program and the rewards of the Program are offered at the sole discretion of H2O Wireless (“H2O”). “Program” means the H2O Wireless Rewards Program including the Refer a Friend Program. B. Only H2O customers who meet the following eligibility requirements may enroll in the Program through h2owireless.com: (i) a resident of the fifty (50) United States or Puerto Rico, (ii) who is eighteen (18) years of age or older as of the date of enrollment in the Program, (iii) has a current account for H2O services and/or products and it is in good standing, and (iv) which account has an active MDN for the H2O Monthly plan or H2O Pay As You Go plan and valid email address. “MDN” means a Mobile Directory Number – the actual phone number one would dial to reach a specific mobile phone. “H2O Rewards Account” means the account as described above and which is registered for the Program. Excluded from the program are: Multiline Program, Auto Recharge, and Friends & Family Plan. C. Participation in the Program is limited to one (1) per eligible H2O customer. D. Participation in the Program is nontransferable and subject to the present and future Program Terms and Conditions. This Program is void to the extent where prohibited by law. State fees and taxes may apply where required by law. 3. PROGRAM DESCRIPTION AND REWARDS. The Program allows a Participant to earn and redeem rewards (“Points”) in a variety of manners, subject to the terms and conditions contained herein. Points can be redeemed as described herein. “Participant” means an individual enrolled in the Program in accordance with these Program Terms and Conditions. B. A Participant can review his or her rewards balance online at h2owireless.com. C. Purchase of Eligible Reward Items. Two (2) Points for every dollar spent on the products and/or services identified below (“Eligible Rewards Items”) purchased online at h2owireless.com. Only purchases made on h2owireless.com, subject to these Program Terms and Conditions, qualify for Points. Points are awarded on the retail price at the time of purchase of the below identified Eligible Rewards Items. Points are NOT calculated or awarded on any other charges, shipping, or taxes. Eligible Rewards Items are as follows:
D. Other Ways to Earn Points. (i) Other than by the purchase of Eligible Rewards Items as identified above, a Participant may earn Points as follows:
E. Once earned, Points will be added to
your H2O Rewards Account and available for use. Notification of
earned rewards Points will be delivered via email to the email address
or sms associated with the H2O Rewards Account.
F. Points cannot be earned on purchases made prior to the time of enrollment of the Participant in the Program. Points cannot be redeemed for purchases made prior to the time Points are earned. Points are not your property. Points cannot be earned on recharges of any line in auto recharge and an H2O Friends and Family Plan, including, but not limited to, the primary line. G. Points have no fixed or cash value and cannot be redeemed for cash, a cash equivalent, or any other monetary value, including but not limited, to credit on an H2O Rewards Account. Points are non-transferrable and cannot be purchased, sold, bartered, or given or combined between multiple Participants or between H2O Rewards Accounts. Points can only be used to redeem rewards on h2owireless.com as described herein. 4. REDEEMING POINTS A. Points can only be redeemed by Participants as discounts off the retail price at the time of purchase of an eligible purchase item identified below (“EPI”) purchased by Participant online at h2owireless.com and will be applied to MDN. B. 100 Points = One dollar and zero cents ($1.00) in available discount off the retail price at the time of purchase of an EPI identified on h2owireless.com. Each redemption of Points requires a minimum of 100 Points applied to each occurrence of redemption. C. You can choose to redeem your available points at the time of checkout on h2owireless.com. D. Points can be redeemed for the following EPI:
Points cannot be redeemed for any other charges, fees, shipping, and/or
taxes.
E. Forfeiture of Points; Cancellation of the MDN associated with the H2O Rewards Account. Once Points are redeemed, they are forfeited even if you later cancel or return the purchased EPI. If Points are redeemed on a purchase that is later cancelled or returned by Participant, the redeemed Points are forfeited and will not be replaced in your account. Points awarded for a purchase that is cancelled/returned will be revoked. Points cannot be redeemed on recharges of any line in a Friends and Family Plan, including, but not limited to, the primary line. 5. EXPIRATION OF POINTS A. Points earned by and awarded to a Participant from the purchase of an Eligible Rewards Item expire one (1) year after the date earned. B. Points earned by and awarded to a Participant from (i) New Activations (excluding H2O Family and Friends Plan activations); and (ii) H2O Wireless Refer a Friend Program expire ninety (90) days after the date earned. 6. H2O WIRELESS REFER A FRIEND PROGRAM; TERMS AND CONDITIONS Except as otherwise noted herein, the RAF Program (as that term is defined below) is governed by the Program Terms and Conditions. H2O Pay As You Go plans are NOT included in the RAF program. A. General Participation in the H2O Wireless Refer a Friend Program (“RAF Program”) and the rewards of the RAF Program are offered at the sole discretion of H2O. Participation in the RAF Program is subject to the present and future H2O Wireless Refer a Friend Program Terms and Conditions (“RAF Terms and Conditions”) and Program Terms and Conditions. B. Eligibility and Enrolling in the Program “Referrers” are defined as a Participant who initiates a referral through h2owireless.com. “Referees” are defined as non-customers who purchase an H2O Monthly plan and complete the activation process pursuant to a Participant’s referral. “non-customer” means an individual who does not have an account with H2O. Referrers: To earn Points on referrals, the Referrer must enroll in the RAF Program through h2owireless.com and agree to the RAF Terms and Conditions. Certain personal information of the Referee is required, including but not limited to a valid email address. You may only participate in the RAF Program using one H2O Rewards Account. You cannot refer yourself. By enrolling in the RAF Program, you consent to the release of your personal information, including but not limited to name and email address, to third parties to administer the Program. You agree to receive communications, including but not limited to via email, by H2O and third parties administering the RAF Program, regarding your RAF Program activity. Referees: Referees cannot be current H2O customers; referees must be new H2O customers. C. RAF Program Participation – How it Works In order for the Referrer to receive the Points identified herein, a Referee must complete the following steps within ninety (90) days from the date of receipt by Referee of the coupon code generated by the Referrer clicking on the link in the offer: (i) purchase an H2O Monthly plan using the coupon code provided; (ii) activate the H2O Monthly plan; and (iii) create an H2O Rewards Account. Referrers may only send referrals through means authorized and identified by H2O (e.g., email, specified social media sites). Self-referrals, renewing your plan, and adding a line to an existing account do not qualify for the RAF Program or Points. Referrers will not be awarded any Points for: (i) rejected referrals; (ii) referrals not received for any reason; (iii) a referee’s activation of a qualifying plan without using the coupon code generated by the referral link; and/or (iv) referrals or activations that are found ineligible by H2O in its sole discretion. H2O reserves the right to reject and/or find ineligible any referral for any reason or for no reason at sole discretion. D. Participation in the RAF Program may require you to disclose personal information about you and the persons you refer, such as name and email address. You agree to allow us to communicate with the persons you refer about your participation in the RAF Program (i.e. disclosing that an invitation was sent by you). Referrals should only be used for personal and non-commercial purposes. You may not send referrals using spam, display advertising, unsolicited commercial email, sponsored links, links on message boards or forums, or any other form of illegal means of communication. E. H2O reserves the right to void any referral and/or Points, and terminate your account and/or eligibility to earn Points, if H2O, in its sole discretion, suspects or determines that you have violated any of the RAF Terms and Conditions or engaged in any fraudulent activity. F. RAF Program Points are subject to the Program Terms and Conditions. For qualifying uses of Points, limitations of use, and complete details, see the Program Terms and Conditions at h2owireless.com. Referrers: Referrers earn 3,000 points for each Referee who completes the steps outlined in these RAF Terms and Conditions. Points are allocated to the Referrer upon the Referee’s qualifying purchase and activation of a H2O Monthly plan. RAF points are applied to MDN not email. You can refer up to 10 people per month, which is a total of 120 referrals per year. Referees: Referees earn 1000 Points upon completion of the steps outlined herein, including but not limited to, the purchase and activation of an H2O Monthly plan using the coupon code generated from the referral. Limit to one (1) H2O Rewards Account per individual per year. 7. LIMITATION OF WARRANTY A. THE PROGRAM IS BEING PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO EXPRESS OR IMPLIED WARRANTY OR CONDITION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, H2O EXCLUDES ALL CONDITIONS, REPRESENTATIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED INTO OR INCORPORATED INTO THIS AGREEMENT, WHETHER BY STATUTE, COMMON LAW OR OTHERWISE, WITH RESPECT TO THE PROGRAM, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND TERMS AS TO MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR ANY PARTICULAR PURPOSE AND IMPLIED WARRANTIES AND TERMS ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. B. YOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED UPON ANY REPRESENTATION, WARRANTY OR OTHER ASSURANCE GIVEN OR MADE BY OR ON BEHALF OF H2O PRIOR TO THIS AGREEMENT AND YOU WAIVE ALL REMEDIES WHICH, BUT FOR THIS SECTION, MIGHT OTHERWISE BE AVAILABLE TO YOU IN RESPECT OF SUCH REPRESENTATION, WARRANTY OR OTHER ASSURANCE. C. H2O DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OF, OR ACCURACY OF ADVERTISEMENTS FOR, ANY MERCHANDISE, PRODUCTS, OR SERVICES OFFERED OR PROVIDED BY OFFER PROVIDER OR SUPPLIERS IN CONJUNCTION WITH THE PROGRAM. IN ADDITION, ALTHOUGH H2O INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE PROGRAM WEBSITE AND REWARDS APPLICATIONS, H2O DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS THAT THE PROGRAM WEBSITE AND REWARDS APPLICATIONS ARE FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, H2O DOES NOT WARRANT THAT ACCESS TO THE PROGRAM WEBSITE AND REWARDS APPLICATIONS WILL BE UNINTERRUPTED OR ERROR-FREE, AND H2O ASSUMES NO RESPONSIBILITY FOR ANY LOSS OR DAMAGE CAUSED BY YOUR ACCESS, OR INABILITY TO ACCESS, THE PROGRAM WEBSITE. 8. LIMITATION OF LIABILITY EXCEPT TO THE EXTENT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES SHALL H2O, BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING ANY DAMAGES FOR LOSS OF INCOME OR PROFITS)), HOWEVER CAUSED AND WHETHER ARISING BY STATUTE, COMMON LAW OR OTHERWISE IN CONNECTION WITH: (I) THE PROGRAM; (II) ANY FAILURE, DELAY, OR DECISION BY H2O IN ADMINISTERING THE PROGRAM; (III) THE USE OR INABILITY TO USE THIS WEBSITE; (IV) THE USE OR INABILITY TO USE ANY APPLICATION RELATING TO THE PROGRAM, INCLUDING THE REWARDS APPLICATION OR (V) THE PURCHASE OR USE OF ANY MERCHANDISE, PRODUCTS, OR SERVICES OF OFFER PROVIDERS OR SUPPLIERS, EVEN IF H2O, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. 9. INDEMNIFICATION You shall indemnify, defend and hold harmless H2O and its officers, directors, agents and employees from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of, in connection with or related to the following: Your access to or use of the Program, any Program application, or third party content and services; your breach of this Agreement; your violation of law; your negligence or willful misconduct; or your violation of the rights of a third party. You will promptly notify H2O in writing of any third-party claim arising out of or in connection with your access to or use of the Program or any Program website or application. 10. DISPUTES; DISPUTE RESOLUTION BY BINDING ARBITRATION PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. Most customer concerns can be resolved quickly and to the customer's satisfaction by calling our customer service department at 1-800-643-4926. In the unlikely event that H2O's customer service department is unable to resolve a complaint you may have to your satisfaction (or if H2O has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. Any controversy or claim arising out of or relating to this Agreement, Program Terms and Conditions, Program, RAF Program, and/or Points (including, but not limited to, the awarding, redemption or revocation), shall be governed by and construed in accordance with the substantive laws of the state of New Jersey without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws and shall be resolved in accordance with the section titled Mandatory Arbitration of Disputes of the Terms and Conditions located at h2owireless.com. 11. MISCELLANEOUS A. H2O reserves the right to modify the Program and/or the Program Terms and Conditions rules in its sole discretion, including but not limited to the number of points awarded, the types of purchases/activities eligible for points, the redemption rate, Points expiration dates, and conditions of participation in the Program, at any time without prior notice even though the changes may affect the value of the points already accumulated. B. H2O reserves the right to terminate or suspend the Program at any time without prior notice and without further obligations to H2O customers, Participants, Referrers, or Referees. In the event of Program termination, you will be given a reasonable period of time to redeem any accumulated Points as identified in these Program Terms and Conditions. Further, in the event of Program termination, you will no longer continue to earn Points. C. Abuse of the Program, as determined by H2O in its sole judgment, including but not limited to failure to follow Program rules, the sale or barter of points, using multiple accounts in an effort to abuse the Program, and false referrals for the RAF Program, may result in a Participant being disqualified from the Program, forfeiture of accumulated Points, and/or a permanent ban on Program participation. D. These Program Terms and Conditions are separate and independent from the general terms and conditions for H2O Wireless service found at h2owireless.com. © 2023 Locus Telecommunications, LLC. Participants may copy these Official Rules for personal use only and not for any commercial purpose whatsoever. “H2O” and “H2O Wireless” are dbas of Locus. “H2O” is a registered trademark of Locus. Rewards Program and RAF Program are subject to change without notice. All rights reserved. |