Customer Registration

Organization Name: __________________________________

Contact Person: __________________________________

Mailing Address: __________________________________

City: __________________________ State: ______ Zip: _________

Website Address: __________________________________

Telephone: ____________________ Fax: ____________________

Email: ______________________________________________

Designate organization/institution type: ________________________________________________

By signing below, Customer and Mobile Citizen, LLC agree to be legally bound by the Terms of Service attached hereto. THIS AGREEMENT WILL NOT BE BINDING UNTIL MOBILE CITIZEN, IN ITS SOLE DISCRETION, HAS APPROVED CUSTOMER, AND BOTH MOBILE CITIZEN AND CUSTOMER HAVE SIGNED AND DELIVERED THIS AGREEMENT.

__________________________________________ (Organization Name)

Signed: _____________________________ Print Name: ________________________

Title: ________________________ Date: ______________

MOBILE CITIZEN, LLC

Signed: _____________________________ Print Name: ________________________

Title: ________________________ Date: ______________

Mobile Citizen – Terms of Service

(School Device Loans)
Version: August 29, 2023

These Terms of Service (“TOS”), together with the registration form into which these TOS are incorporated by reference, form a binding legal agreement (the “Agreement”) between Mobile Citizen LLC (“Mobile Citizen”) and the educational institution listed in the registration form (the “Customer”). Notwithstanding any other provision hereof, the Agreement will not be in effect until both (i) Mobile Citizen has, in its sole discretion, approved the Customer, and (ii) the Order into which these TOS are incorporated is signed and delivered by both Mobile Citizen and Customer. The Agreement governs Customer’s use of wireless broadband service that Mobile Citizen makes available under this Agreement (the Agreement together with any associated media and documentation, the “Service”). The Service is controlled and made available by a third party that may change from time to time (the “Provider”). The “Effective Date” means the date both parties hereto have executed the registration form of this Agreement.

Scope of Agreement.
1. Service. Subject to Customer’s continued compliance with this Agreement, Mobile Citizen grants Customer a personal, royalty-free, non-exclusive, revocable right for Customer’s Permitted Users to access and use the Service until Mobile Citizen terminates such right. Mobile Citizen may deliver notice of such termination at any time and for any or no reason, provided that Mobile Citizen gives Customer at least thirty (30) days’ advance notice of such termination. As part of the Service, Mobile Citizen will loan to Customer the devices that Customer must use for the Service (the “Equipment”) in an amount determined by Mobile Citizen. All rights not expressly granted in this Agreement are reserved by Mobile Citizen. Neither Customer nor any Permitted User is granted any rights to any firmware or software under this Agreement. Upon request of Mobile Citizen, Customer agrees to provide feedback on the performance and functionality of the Service in order to support continued improvement of the Service.
2. Permitted Users. “Permitted Users” means (i) any users, recipients or beneficiaries of Customer’s own non-profit, social welfare or educational programs or services, (ii) any of Customer’s employees or independent contractors, or (iii) any of Customer’s students, faculty, administrators and staff, in each of the foregoing cases, in each case (A) only while such persons meet the requirements of at least one of (i)-(iii), and (B) regardless of whether the individual has reviewed or agreed to this Agreement. Once the status of a Permitted User changes so that the individual is no longer a Permitted User, Customer shall ensure that such individual no longer makes use of or accesses the Service. Customer is responsible for the conduct of Permitted Users, including all Permitted User account activity related thereto, as if such conduct were Customer’s own, and Customer will notify Mobile Citizen immediately of any unauthorized use of a Permitted User’s account or suspected security breach.
3. Third-Party Provider. Customer understands and agrees on behalf of itself and Permitted Users that the Service is provided by a third party that may change from time to time during this Agreement (the “Provider”). As of the Effective Date, the Provider is T-Mobile USA, Inc. (“T-Mobile”) (or an affiliate thereof). Mobile Citizen, as a distributor of the Service, is not responsible for Service availability or the conduct of the Provider. For example, Mobile Citizen does not (1) control and is not responsible for congestion management, (2) block or rate-control protocols or protocol ports, (3) inhibit or favor any particular applications, (4) impose user device rules, or (5) provide end-user security functionality. Customer further understands and agrees on behalf of itself and Permitted Users that the underlying technology and availability of the Service could change after the Effective Date in a manner causing changes or disruptions to the Service (“Provider Service Change”). Any change to or disruption of the Service in connection with the foregoing shall not constitute a breach of this Agreement.
4. Use and Return of Equipment. The Equipment is loaned, not sold, to Customer and Mobile Citizen retains title to all Equipment. Customer bears the risk of loss or damage to Equipment while the Equipment is used, possessed or controlled by or on behalf of Customer, and Customer shall be responsible for the repair or replacement cost (as applicable) of damaged or lost Equipment. Customer agrees to access and use the Service on each device delivered hereunder on at least one occasion per calendar month. In the event a device is not used to access and use the Service for three consecutive months, Customer agrees to return the device promptly upon request by Mobile Citizen so that Mobile Citizen may redistribute the device to another customer.
No Publicity. Customer may not use or refer to the name, trademarks or logos of Mobile Citizen or Provider in any advertisements, publications or other such media without the prior written consent of Mobile Citizen or Provider, respectively.
Service Limitations & Restrictions.
1. Availability. The Service is not available in all locations and Permitted Users 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 Mobile Citizen’s control. The Service and Equipment may not function in the event of a power failure or disruption, and Permitted Users may be required to reset or reconfigure their modem or other hardware in order to use the Service thereafter. Neither Mobile Citizen nor Provider assume any liability hereunder with regard to any failure or lack of performance of the Service for any reason whatsoever.
2. Service Quality and Maintenance. The speed and bandwidth available to each computer or device accessing the Service may vary for a variety of reasons. Provider reserves the right to engage in reasonable network management and/or eliminate malicious traffic patterns and prevent the distribution of viruses or other malicious code, as provided in the Provider T&C’s. In addition, Provider will perform maintenance on the Service, which may include planned or unplanned interruptions of the Service. Customer acknowledges and agrees that neither Mobile Citizen nor any of the other Mobile Citizen Parties (defined below) will be responsible for any losses or damages suffered by Customer, Permitted Users or anyone accessing the Service through Customer, as a result of any Service interruptions. Customer acknowledges that the Service may not be available in all areas and, even within coverage areas, service availability, quality, signal strength and network speeds may vary, be lower than advertised or be insufficient for use of the Service. No credit or adjustment will be made for interruptions or degradations of the Service except as agreed by Mobile Citizen in its discretion or as required by applicable law.
3. Provider T&C. Use of the Service is subject to the Provider’s then-current end user terms and conditions (the “Provider T&C”), a copy of which is, as of the Effective Date, available at https://www.t-mobile.com/responsibility/legal/terms-and-conditions and incorporated into these TOS by reference.
4. Open Internet Rule Disclosures. Customer represents that it has read and understands Mobile Citizen’s Open Internet Transparency Rule Disclosures for Direct Customers, as may be amended, which are available at https://mobilecitizen.org/legal/ and incorporated into these TOS by reference.
5. Usage Limits. THE SERVICE MAY BE SUBJECT TO USAGE LIMITS ESTABLISHED BY THE PROVIDER, WHICH ARE NOT CONTROLLED BY MOBILE CITIZEN AND ARE SUBJECT TO CHANGE. MOBILE CITIZEN MAY NOT RECEIVE ADVANCE NOTICE OF ANY SUCH CHANGES FROM THE PROVIDER AND IN SUCH CASES WILL NOT BE ABLE TO GIVE CUSTOMER ADVANCE NOTICE OF ANY SUCH CHANGES.
6. Prohibitions. Customer and Permitted Users shall not reverse-engineer, interfere or tamper with, or otherwise use or abuse the Service or Equipment with the intended or actual effect of violating this Agreement or any party’s intellectual property rights.
Compliance with Laws. Customer represents and warrants that it and all Permitted Users will comply with all applicable laws and regulations in connection with its performance under this Agreement and use of the Service.
Term and Termination. This Agreement will commence on the Effective Date and, unless sooner terminated as permitted herein, will continue in effect until all use of the Service has been discontinued. Either party may freely terminate this Agreement at any time for any or no reason without liability to the other party (subject to the restrictions applicable to Mobile Citizen set forth in Section 1). Upon expiration or termination of this Agreement for any reason, Customer shall immediately discontinue use of the Services and return all Equipment to Mobile Citizen except to the extent Customer has entered into a cost-based subscription agreement with Mobile Citizen providing for use of such Equipment and Service. The disclaimer of warranties and liability limits below shall survive expiration or termination of this Agreement.
Confidentiality. In connection with this Agreement, either party (the “Disclosing Party”) may from time to time disclose to the other party (the “Receiving Party”) certain information regarding the business, products, or services of the Disclosing Party and its suppliers that the Disclosing Party designates as confidential or which a reasonable person would understand to be confidential or proprietary based on the nature of such information (“Confidential Information”). Without limitation, Confidential Information may include technical data, marketing materials, financial information, employee information, and business plans. The Receiving Party will not use any Confidential Information of the Disclosing Party for any purpose not expressly permitted by the Agreement, and will disclose the Confidential Information of the Disclosing Party only to the employees or contractors of the Receiving Party, and in the case of Mobile Citizen only, its affiliated companies, who have a need to know such Confidential Information for purposes of the Agreement and who are under a duty of confidentiality no less restrictive than the Receiving Party’s duty hereunder. The Receiving Party will protect the Disclosing Party’s Confidential Information from unauthorized use, access, or disclosure in the same manner as the Receiving Party protects its own confidential or proprietary information of a similar nature and with no less than reasonable care. The Receiving Party’s obligations under this Section with respect to any Confidential Information of the Disclosing Party will terminate if such information: (a) was already known to the Receiving Party at the time of disclosure by the Disclosing Party; (b) was disclosed to the Receiving Party by a third party who had the right to make such disclosure without any confidentiality restrictions; (c) is, or through no fault of the Receiving Party has become, generally available to the public; or (d) was independently developed by the Receiving Party without access to, or use of, the Disclosing Party’s Confidential Information. In addition, the Receiving Party will be allowed to disclose Confidential Information of the Disclosing Party to the extent that such disclosure is (i) approved in writing by the Disclosing Party, (ii) necessary for the Receiving Party to enforce its rights under the Agreement in connection with a legal proceeding; or (iii) required by law or by the order of a court of similar judicial or administrative body, provided that the Receiving Party notifies the Disclosing Party of such required disclosure promptly and in writing and cooperates with the Disclosing Party, at the Disclosing Party’s request and expense, in any lawful action to contest or limit the scope of such required disclosure. The Receiving Party will return to the Disclosing Party or destroy all Confidential Information of the Disclosing Party in the Receiving Party’s possession or control and permanently erase all electronic copies of such Confidential Information promptly upon the written request of the Disclosing Party upon the expiration or termination of the Agreement. The Receiving Party will certify in a writing signed by an officer of the Receiving Party that it has fully complied with its obligations under this Section.
Representations and Warranties; Disclaimer.
1. By Customer. Customer represents and warrants that: (i) it is an educational institution; (ii) it is listed on https://www2.guidestar.org (or, if not listed, has otherwise been approved in writing by Mobile Citizen); (iii) it has requisite authority to enter into this Agreement; (iv) all information provided to Mobile Citizen will be accurate, complete and kept current; (v) it will not make or publish any representations, warranties or guarantees on behalf of Mobile Citizen Parties (defined below) or the Provider concerning the availability, performance or functionality of the Service; and (vi) it will keep Mobile Citizen informed of any problems and resolutions with the Service.
2. Disclaimer. NEITHER Mobile Citizen, ITS RELATED ENTITIES OR ITS SUPPLIERS, INCLUDING WITHOUT LIMITATION EBS SUPPORT SERVICES LLC (COLLECTIVELY THE “Mobile Citizen PARTIES”) NOR THE PROVIDER MAKES ANY WARRANTIES UNDER THIS AGREEMENT AND HEREBY DISCLAIMS ALL WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED WITH REGARD TO THE SERVICE AND THE EQUIPMENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. ALL USE OF THE SERVICE AND EQUIPMENT IS AT THE PERMITTED USER’S OWN RISK. THE SERVICE AND EQUIPMENT ARE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS.
Support Services. Mobile Citizen has no obligation to provide Customer any technical support in connection with the Service.
Service Modification and Discontinuation. The Mobile Citizen Parties and the Provider reserve the right at any time to in any way modify, edit, suspend or discontinue the Service. Mobile Citizen will use good-faith efforts to provide Customer with as much prior written notice as is reasonably possible under the circumstances.
Indemnification. Customer shall defend, indemnify and hold harmless the Mobile Citizen Parties from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) brought by third parties (including any Permitted User) resulting from or relating to: any acts, omissions or breach of the Agreement by Customer or Permitted Users.
Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE Mobile Citizen PARTIES BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES OR LIABILITIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SERVICE OR THE EQUIPMENT, UNDER ANY THEORY, WHETHER CONTRACT, TORT, NEGLIGENCE, PRIVACY, SECURITY, STRICT OR PRODUCT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Assignment. Customer’s rights under this Agreement may not be transferred, leased, assigned, or sublicensed, including without limitation to any successor in interest, without the prior written consent of Mobile Citizen. Any purported attempt to transfer, lease, assign or sublicense Customer’s rights without the consent of Mobile Citizen will be void, and Mobile Citizen may immediately terminate this Agreement without liability. Notwithstanding the foregoing, all provisions of this Agreement shall be binding upon Customer’s successors and permitted assigns.
Governing Law & Venue. Any question, controversy or dispute arising out of or related to this Agreement (a “Dispute”) shall be governed by and interpreted in accordance with the laws of the State of Colorado, without regard to conflict of laws principles. The parties hereby irrevocably submit to the exclusive jurisdiction of the state and federal courts seated in Denver, Colorado for the resolution of any such Dispute.
Content and Security. Any material downloaded or otherwise obtained through use of the Services is accessed at Customer’s own discretion and risk. The Mobile Citizen Parties do not control and are not responsible for any third-party websites, content, services or products that Customer may access or encounter during use of the Service, and the Mobile Citizen Parties and the Provider each reserve the right to engage in reasonable network management to protect the overall integrity of the Provider’s network, including detecting malicious traffic patterns and attempting to prevent the distribution of viruses or other malicious code, and through techniques such as reducing the aggregate bandwidth available to excessive bandwidth users during periods of congestion. While the determination of what constitutes excessive use depends on the specific state of the network at any given time, excessive use will be determined primarily by resource consumption. The Provider’s network management practices may entail the inspection and storage of network traffic, the provision of network traffic to third parties and/or the use of network traffic for non-network management purposes. For further information, please refer to the Provider T&C (defined above) and the Open Internet Rule Disclosures which form a part of this Agreement. The Mobile Citizen Parties and the Provider also have the right to take actions either of them deem reasonably necessary to protect any individual or entity, comply with applicable laws, regulations, or government requests, or to enforce the terms of the Agreement. Customer acknowledges that the Internet and wireless communications are not inherently secure means of data communication, and that the Mobile Citizen Parties shall have no liability for breaches of security beyond their reasonable control, including, without limitation, Customer’s negligence with respect to controlling access to the Service or Customer’s data. It is the sole responsibility of Customer to obtain and implement appropriate security devices, software, and other measures (including without limitation firewalls) to protect Customer’s systems and data from theft, viruses, worms, Trojan horses, or other security threats, and the Mobile Citizen Parties have no responsibility or liability with regard thereto.
Notices. Except where the Agreement provides otherwise, all notices, required or permitted under this Agreement shall be delivered in writing in person or by courier, overnight delivery or by certified or registered mail (postage prepaid and return receipt requested) to the address set forth in the Order (in the case of the Customer) and in the case of Mobile Citizen delivered to: Mobile Citizen LLC, 825 Delaware Street, Ste. 401, Longmont, CO 80501. Notice hereunder will be effective upon certified delivery. Either party may change the notice address by Notice to the other party.
General. None of the Mobile Citizen Parties or Provider will be responsible or liable in any manner under this Agreement for any failure in the Service or Mobile Citizen’s performance of this Agreement to the extent that such failure is due to acts of God, failure of suppliers or other causes beyond its control. No amendment or modification of this Agreement shall be valid unless made in writing and signed by duly authorized representatives of each party. All notices, required or permitted under this Agreement must be delivered in writing in person or by courier, overnight delivery or by certified or registered mail (postage prepaid and return receipt requested) to the address set forth in this Agreement. Notices to Mobile Citizen shall be delivered to: Mobile Citizen LLC, 825 Delaware Street, Ste. 401, Longmont, CO 80501, or such other address as Mobile Citizen may have provided to Customer. Notice hereunder will be effective upon delivery. If any part of this Agreement is found invalid (including without limitation any conflict with any applicable law or regulation) such invalidity will not affect the remaining portions of this Agreement, and the parties will substitute for the invalid provision a provision that most closely approximates the intent and economic effect of the invalid provision. Failure by either party to complain of any act or failure to act of the other party or to declare the other party in default, irrespective of the duration of such default, will not constitute a waiver of rights hereunder. This Agreement constitutes the complete agreement between Customer and any Mobile Citizen Party with respect to the subject matter hereof and supersedes all proposals (oral or written), all previous negotiations, and all other communications, including without limitation communications on the website of any Mobile Citizen Party, except as set forth above.

Appendix A – Additional information regarding the Service

Mobile Citizen Data Plan for Hotspots

T-Mobile or its affiliates is providing Mobile Citizen’s users with an unlimited 5G or LTE data-only plan with no throttling or suspension. Capable device required; coverage not available in some areas. Customers exceeding a fair use threshold of 100 GB of data may experience slower data speeds during times and places where the T-Mobile network is constrained. These reductions last only until the end of the billing cycle. The plan does not include off-network roaming and is subject to any standard network management that T-Mobile may apply to commercial broadband data-only account users. See the T-Mobile Open Internet webpage (https://www.t-mobile.com/responsibility/consumer-info/policies/internet-service) for more details.

Mobile Citizen Data Plan for Tablets

T-Mobile or its affiliates is providing Mobile Citizen’s users with an unlimited 5G or LTE data-only plan for tablets with 10GB of hotspot functionality subject to T-Mobile network management policy for the unlimited plans it offers its own retail customers. Capable device required; coverage not available in some areas. Under this plan, T-Mobile “Quality of Service” practices (QoS) provide that unlimited customers who use more than 50 GB of data during a billing cycle will experience slowed data speeds during times and places where the T-Mobile network is constrained. Customers using more than 10 GB of hotspot functionality will experience reduced speeds of up to 600 kbps for the remainder of the billing cycle. See the T-Mobile Open Internet webpage (https://www.t-mobile.com/responsibility/consumer-info/policies/internet-service) for more details. Subject to availability. The plan does not include off-network roaming.

Technical Assistance Grant Customer Agreement

Mobile Citizen – Terms of Service