Open Internet Disclosures for MC Direct Customers


June 2018 

IMPORTANT INTRODUCTORY NOTE TO CUSTOMER: WE (MOBILE CITIZEN LLC) ARE MERELY A DISTRIBUTOR OF INTERNET SERVICE PROVIDED BY A THIRD-PARTY PROVIDER (THE “PROVIDER”), WHICH IS CURRENTLY SPRINT SPECTRUM, L.P. OR AN AFFILIATE THEREOF BUT IS SUBJECT TO CHANGE AT ANY TIME. WE DO NOT CONTROL THE SERVICE CARRIER PRACTICES WITH RESPECT TO THE SERVICE. THESE PRACTICES ARE CONTROLLED BY THE PROVIDER, INCLUDING PRACTICES WITH RESPECT TO DATA CAPS AND ALLOWANCES; THROTTLING POLICIES; PRIVACY POLICIES; NETWORK CONGESTION MANAGEMENT PRACTICES; THE BLOCKING OR RATE-CONTROLLING OF SPECIFIC PROTOCOLS; THE INHIBITION OR FAVORING OF SPECIFIC APPLICATIONS; NETWORK SECURITY PROTECTIONS; AND THE ATTRIBUTES AND CHARACTERISTICS OF THE SERVICE. CARRIERS LIKE THE PROVIDER ARE REQUIRED BY THE FEDERAL COMMUNICATIONS COMMISSION (“FCC”) TO PROVIDE THE FOLLOWING TYPES OF DISCLOSURES TO THEIR CUSTOMERS.

UNDER EACH CATEGORY OF DISCLOSURE SHOWN BELOW, WE INFORM YOU OF OUR INVOLVEMENT (IF ANY) IN THE ACTS OR PRACTICES CONTAINED IN THAT CATEGORY AND WE DIRECT YOU TO CERTAIN PROVIDER DISCLOSURES ON ITS WEBSITE FOR ITS DISCLOSURES WITH RESPECT TO SUCH CATEGORIES. WE OFFER NO WARRANTY AS TO THE ACCURACY OR COMPLETENESS OF THE PROVIDER’S DISCLOSURES REFERRED TO BELOW. WE DO NOT CONTROL THOSE DISCLOSURES AND HAVE NO OR VERY LIMITED ACCESS TO THE DATA OR ACTIVITIES UNDERLYING THOSE PRACTICES. THE PROVIDER MAY CHANGE ITS PRACTICES AND THE DISCLOSURES CONCERNING THEM WITH OR WITHOUT NOTICE TO US OR YOU. WE ENCOURAGE YOU TO REVIEW THE PROVIDER’S DISCLOSURES AND TO PERIODICALLY CHECK THOSE DISCLOSURES FOR CHANGES THAT MAY AFFECT YOUR SERVICE. 

DISCLOSURES:

Service Description:

  1. We are providing you (“you” or “Customer”) an Internet access service (“Service”). We are not providing you with any applications (such as Internet telephone or cable TV) that might be provided with INTERNET service by other vendors. We are not involved in the creation or the provisioning of the Service. Instead, we distribute the Service provided to us by the Provider.
  2. The Provider provides the Service over its wireless network, using cell sites and frequencies licensed by the FCC. The Service is not available in all locations and you will only be able to access the Service when within the operating range of the Provider’s network, which may change from time in the sole discretion of the Provider. The Service may be disrupted or unavailable from time to time due to maintenance, emergencies, inclement weather or other factors outside of our control. The Service and the related equipment needed to use the Service (“Equipment”) may not function in the event of a power failure or disruption, and you may be required to reset or reconfigure your modem or other hardware in order to use the Service thereafter. We assume no liability with regard to any failure or lack of performance of the Service.
  3. Use of the Service is subject to the Provider’s then-current (i) acceptable use policy (the “Provider AUP”), a copy of which is, as of the date of this disclosure, available at http://www.sprint.com/legal/agreement.html?INTNAV=CMS:LGL:Acceptable_Use_Policy#acceptable) and incorporated herein by reference; and (ii) end user terms and conditions (the “Provider T&C”), a copy of which is, as of the date of this disclosure, available at http://www.sprint.com/termsandconditions and incorporated herein by reference. The Provider reserves the right to change its AUP or T&C at any time.
  4. THE SERVICE MAY BE SUBJECT TO USAGE LIMITS ESTABLISHED BY THE PROVIDER, WHICH ARE NOT CONTROLLED BY US AND ARE SUBJECT TO CHANGE. WE MAY NOT RECEIVE ADVANCE NOTICE OF ANY SUCH CHANGES FROM THE PROVIDER AND IN SUCH CASES WILL NOT BE ABLE TO GIVE YOU ADVANCE NOTICE THEREOF.

Pricing:
The prices for the Service are set forth in your quote or customer agreement. The prices do not include applicable taxes and surcharges, which will may be added to the prices for service. If your pricing is based upon a promotional rate, you have been informed of the promotional nature of the rate and the duration of the promotional period, as well as the full periodic service charge you will pay after the end of the promotional period. There may be one-time or recurring additional fees, including early termination fees, pursuant to your quote or customer agreement. As explained below, the Service is subject to data caps or allowances imposed by the Provider.

We may provide you with Service indirectly through an eligible reseller. In those instances, the service is priced in accordance with the reseller’s agreement with you. 

Privacy Policies:
We do not own, operate, maintain or control the Service and do not have network management practices that entail the inspection of network traffic. As a distributor of the Service, we do not store personally-identifiable traffic information, we do not provide personally-identifiable traffic information to third parties, or use that information for non-network management purposes. The Provider uses or may use network management practices that entail the inspection of network traffic; storage of network traffic data; and use of network traffic data for non-network management purposes, including disclosure of such traffic data to third parties. The current Provider, Sprint, discusses these matters generally in its “Open Internet Information” available online at https://sprint.com/legal/open_internet_information.html (as may be amended, the “Sprint Disclosures”), which refers to Sprint’s generally-applicable privacy policies that may be viewed online at https://www.sprint.com/privacy.

Redress Options:
If you have a complaint about the Service, please contact us to resolve the complaint. Your customer agreement will govern dispute resolution generally.

Congestion Management:
We do not own, operate, maintain, or control the Service, and do not engage in network congestion management practices. The Provider uses network congestion management practices that may interfere with the speed or the availability of your Service. You should review the Provider’s disclosures for the network congestion management practices that may affect your use of the Service, including descriptions of congestion management practices; types of traffic subject to practices; purposes served by practices; practices’ effects on end users’ experience; criteria used in practices, such as indicators of congestion that trigger a practice, and the typical frequency of congestion; usage limits and the consequences of exceeding them; and references to engineering standards, where appropriate.

Affiliated Prioritization:
We do not engage in practice that directly or indirectly favors some traffic over other traffic, including through use of techniques such as traffic shaping, prioritization, or resource reservation, to benefit an affiliate, including identification of the affiliate.

Paid Prioritization:
We do not engage in any practice that directly or indirectly favors some traffic over other traffic, including through use of techniques such as traffic shaping, prioritization, or resource reservation, in exchange for consideration, monetary or otherwise.

Application-Specific Behavior:
We do not own, operate, maintain, or control the Service, and do not engage in the blocking or rate-control of specific protocols or protocol ports, nor do we modify any protocol fields or inhibit or favor any applications or classes of applications. The Provider may engage in one or more of those activities. You should review the Provider’s disclosures for application-specific practices by the Provider that may affect your use of the Service.

Device Attachment Rules:
The Equipment needed to operate the Service must be purchased and activated through us. We will pass through or otherwise provide the warranties and technical support offered by the manufacturer and/or the Provider (if any), as further described in your customer agreement.

Security:
We do not own, operate, maintain, or control the Service, and do not take any measures to assure the security of your use of the Service or the security of the network. The Provider, may take action to guard your security in the use of the network and to safeguard the network. Please refer to the Provider’s open internet disclosures for additional information.