Suggested Open Internet Transparency Rule Disclosures for MC Resellers (50GB service)

Date 12/03/2015 – Revised 9/15/2022

IMPORTANT INTRODUCTORY NOTE TO CUSTOMER:

WE ARE MERELY A DISTRIBUTOR OF INTERNET SERVICE PROVIDED BY A THIRD-PARTY (THE “PROVIDER”), WHICH IS CURRENTLY T-MOBILE USA, INC. OR AN AFFILIATE OF THAT COMPANY, BUT IS SUBJECT TO CHANGE AT ANY TIME. WE DO NOT CONTROL THE SERVICE OR 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.

DISCLOSURES:

[FOR RESELLERS OF 50 GB PLAN: THESE DISCLOSURES COVER OUR 50GB QoS PLAN. PROVIDER IS PROVIDING OUR USERS WITH AN UNLIMITED 4G LTE DATA-ONLY PLAN SUBJECT TO PROVIDER’S “QUALITY OF SERVICE” PRACTICES (“QOS”) WHICH ARE DESCRIBED BELOW AND IN THE PROVIDER’S ONLINE DISCLOSURES IDENTIFIED BELOW.]

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 indirectly by the Provider.
  2. The Provider provides the Service over its wireless network, using cell sites and other network equipment, operating on frequencies licensed or regulated 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 to 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, disruption or network change, and you may be required to reset, reconfigure or replace your modem or other hardware in order to use the Service thereafter. We assume no liability with regard to any failure, lack of performance or change of the Service.
  3. The service technology, expected and actual access speed and latency, and the suitability of the service for real-time applications is described in the Provider’s website.  T-Mobile discusses these matters in the “Open Internet” webpage available online at https://www.t-mobile.com/responsibility/consumer-info/policies/internet-service (as may be amended, the “T-Mobile Disclosures”).  The T-Mobile Disclosures, as well as their locations on the Provider websites, are subject to change without notice.
  4. Use of the Service is subject to the Provider’s then-current acceptable use policy (the “Provider AUP”) and end user terms and conditions (the “Provider T&C”).  If your service is provided through T-Mobile, you can view its Provider AUP and Provider Ts&Cs at https://www.t-mobile.com/responsibility/consumer-info/policies/terms-of-use.  These Provider AUPs and Provider Ts&Cs, as well as their locations on the Provider websites is subject to change without notice. Note that we use our own Service Agreement and that the terms and conditions of it prevail to the extent in conflict with those of the Provider.
  5. 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, sales order or customer agreement. The prices do not include applicable taxes and surcharges, which will 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.

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, T-Mobile, discusses these matters generally in the “Open Internet” webpage,  available online at https://www.t-mobile.com/responsibility/consumer-info/policies/internet-service (as may be amended, the “T-Mobile Disclosures”).

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.

Blocking:
We do not own, operate, maintain, or control the Service, and do not engage in any practice that blocks or otherwise prevents end user access to lawful content, applications, service, or non-harmful devices. The Service is subject to the network management practices of the Provider which, for T-Mobile, are described in the T-Mobile Disclosures.

Throttling:
We do not own, operate, maintain, or control the Service, and do not engage in any practice that degrades or impairs access to lawful Internet traffic on the basis of content, application, service, user, or use of a non-harmful device. The Service is subject to the throttling practices of the Provider which, for T-Mobile, are described in the T-Mobile Disclosures.

Affiliated Prioritization: 
We do not own, operate, maintain, or control the Service, and 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, to benefit an affiliate. The Service is subject to the affiliate prioritization practices of the Provider which, for T-Mobile, are described in the T-Mobile Disclosures.

Paid Prioritization: 
We do not own, operate, maintain, or control the Service, and 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. The Service is subject to the paid prioritization practices of the Provider which, for T-Mobile, are described in the T-Mobile Disclosures.

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. The speed of the 50GB QoS service provided by T-Mobile may be reduced during periods of network congestion after the user consumes over 50GB. 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. The congestion management practices of T-Mobile are described in the T-Mobile Disclosures.

Application-Specific Behavior:
We do not own, operate, maintain, or control the Service, and do not engage in the blocking, throttling 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. The application-specific practices of T-Mobile are described in the T-Mobile Disclosures.

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. The use of third-party equipment is not permitted without our prior written approval.

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. The security practices of T-Mobile are described in the T-Mobile Disclosures.