Terms and Conditions
All services provided by Appalachian Wireless are subject to these Terms and Conditions (“T&C”), including but not limited to Nationwide Plans, Mix and Match Plans, Appalachian Advantage, Data-Only Plans, Forward Pay, and all other service plans, services, and related products (the “Service(s)”). If you activate, use, or pay for any Service, you are accepting the T&C unconditionally. If you do not wish to accept the T&C, you may not activate or use the Service. As used herein, “Appalachian Wireless” refers to Appalachian Wireless and its owners, officers, agents, employees, contractors, vendors, designees, representatives and other affiliated individuals or entities.
Entire Agreement. Your use of the Service is subject to the following: the T&C; the Service Agreement, if any; applicable policies and disclosures referenced in this Agreement and/or available at www.appalachianwireless.com; and any other written agreements that may apply (together, the “Agreement”). This Agreement contains the entire agreement between Appalachian Wireless and you for Service hereunder. You acknowledge that you are not relying on any prior or contemporaneous agreement, understandings, representations, negotiations, or contracts, verbal or written, made by Appalachian Wireless or any of its employees, representatives, sales agents, or affiliates other than expressly stated in writing in the Agreement.
Notice of Changes. Appalachian Wireless may change any terms, conditions, rates, fees, expenses, or charges at any time. We will provide you with advance written notice of material changes (other than changes to governmental fees and taxes) either in your monthly bill or separately. You understand and agree that governmentally imposed fees may be increased based upon the government’s or our calculations without notice. IF WE INCREASE THE PRICE OF ANY OF THE SERVICES TO WHICH YOU SUBSCRIBE, WE WILL DISCLOSE THE CHANGE AT LEAST ONE BILLING CYCLE IN ADVANCE (EITHER THROUGH A NOTICE WITH YOUR BILL, A TEXT MESSAGE TO YOUR DEVICE, OR OTHERWISE), AND YOU MAY TERMINATE THIS AGREEMENT WITHOUT PAYING AN EARLY TERMINATION FEE, ONLY IF YOUR NOTICE OF TERMINATION IS DELIVERED TO US WITHIN 30 DAYS AFTER DELIVERY OF THE CHANGE NOTICE AND WE FAIL TO NEGATE THE CHANGE AFTER YOU NOTIFY US OF YOUR OBJECTION TO IT. OTHERWISE, YOU WILL BE DEEMED TO HAVE ACCEPTED THE CHANGE. Any changes to the T&C may also be found at www.appalachianwireless.com.
Availability. Service is available to your equipment only when it is within the operating range of the Appalachian Wireless system. You understand that Service may be interrupted, delayed, or limited due to transmission limitations caused by atmospheric or topographical conditions, governmental regulations or orders, system capacity limitations, or equipment modifications, upgrades, relocations, repairs, and similar activities necessary or appropriate for the proper operation of the Service.
Consent to Contact. You agree, in order for us to service your account or to collect any amounts you may owe, we may contact you by telephone at any telephone number associated with your account, including wireless telephone numbers, which could result in charges to you. We may also contact you by sending text messages or emails using any email address you provided to us. Methods of contact may include using prerecorded/artificial voice messages and/or use of an automated dialing device.
Feature Requirements. All smartphones, tablets, modems, and connected devices require a data plan in addition to a monthly access fee. If a device is not on a shared data plan with other devices, then a stand-alone data plan will be required.
Rate Plans and Calling Area. The website www.appalachianwireless.com explains the rate plans and the voice, text, data, and other Services included in each plan. Subscribers must reside in the Appalachian Wireless licensed market area to qualify for Service. Please refer to www.appalachianwireless.com for more information if desired.
Grandfathered Plans. For some legacy or grandfathered plans, the per minute rate may be determined by the time of day the call is placed, and you may incur toll or wireless long-distance charges when you’re in a home calling area determined by your price plan and place a call outside that area, or other restrictions and conditions may apply. If you are on a legacy or grandfathered plan, you may request details about the terms and restrictions of your plan by calling or emailing Customer Care.
Billing and Payment of Charges. You are responsible for payment of all charges for Services, including applicable taxes, surcharges, and usage charges (which are in addition to regular monthly service charges) for all calls made by you or received by you on the unit. For postpaid accounts, monthly charges for the rate plan, system access, and any optional unit or Service features selected by you are billed one month in advance with charges prorated (if necessary) for the beginning and ending months of service. Any disputed amount on the bill should be brought to the attention of Appalachian Wireless within 30 days of the bill date. Appalachian Wireless will charge a late fee of 1.5 % per month, or the highest interest rate permitted by law, whichever is less, on any amount not paid when due, prorated on a day-to-day basis for each day such payment is overdue. Appalachian Wireless may, to the extent permitted by applicable law, charge you a returned check fee of $50.00 for any check returned for any reason. You agree to reimburse Appalachian Wireless for its cost, including reasonable attorneys’ fees, collection fees, and similar expenses incurred by Appalachian Wireless in the enforcement of any right or privilege under this Agreement. Appalachian Wireless reserves the right to apply your payment of funds hereunder against any amount due and owing from you to Appalachian Wireless.
Deposits. Appalachian Wireless may require a deposit from you to guarantee payment of charges for Service and may increase or decrease the amount of the deposit based on your current estimated monthly charges and payment history. A deposit is not a prepayment of charges. Appalachian Wireless has the right to apply all or part of the deposit toward any amount due and owing from you. Upon request from Appalachian Wireless, you must pay the amount necessary to maintain your deposit at the limit established by Appalachian Wireless. Appalachian Wireless will pay simple interest as determined by Appalachian Wireless on the deposit from the date received until it is returned to you or applied against outstanding charges. At the one-year anniversary date, your account will be evaluated, and Appalachian Wireless may return the deposit to you if all payments for 12 months have been made on time. If Appalachian Wireless determines that a deposit is no longer necessary, or if this Agreement is terminated, Appalachian Wireless will refund the deposit by applying it against any charges due and owing. Any remaining credit balance will be returned to you by check.
Delinquent Payment and Reconnect Fee. Payments are delinquent if not received by Appalachian Wireless by the due date shown on the monthly invoice. If your bill is not paid by the due date, your Service may be blocked, which is also referred to as hotlining. Service will be reactivated only after you contact Appalachian Wireless and bring your account balance current. If your Service is terminated for nonpayment or other reasons, you must pay a reconnect fee to resume Service. For more information on the reconnect fee, please see www.appalachianwireless.com/support.
Other Fees and Charges. Other required fees may apply depending on the circumstances. In addition, Appalachian Wireless offers various optional features that may have an associated charge. By requesting the activation of any optional features, you agree to all associated charges and conditions as disclosed on the website. A description of various charges or fees that may apply can be found at www.appalachianwireless.com/support.
Discounts and Promotions. Appalachian Wireless may from time to time in its sole discretion offer promotions, discounts, credits, and/or other incentives. You must maintain eligibility to receive any applicable discounts. Promotional benefits are subject to all terms and conditions of the promotional offer. Information on discounts and promotions can be found at www.appalachianwireless.com/promoterms.
Lifeline. Lifeline is a government benefit program that provides discounts on a monthly telephone service for eligible low-income subscribers. The Lifeline benefit is limited to one discount per household. The National Lifeline Accountability Database (NLAD) is used to prevent duplicate benefits and verify eligibility. Eligibility for continued benefits will be verified annually. Appalachian Wireless offers Lifeline only in KY. The program terms and discount amount are subject to change at any time.
Cancellation of Service. You will continue to be charged for any Services you have subscribed to until you notify Appalachian Wireless that you wish to cancel the Services. Any credit balance will be applied against sums that are due and owing, and then the remaining credit balance, if any, will be returned to you by check, which may take up to 90 days. Cancellation of Services may result in additional fees and may affect other agreements that you have with Appalachian Wireless, such as your Retail Installment Sales Agreement if you financed a device. For any Service that is still under contract at the time of cancellation, an early termination fee (ETF) will apply. The ETF is prorated for each month fulfilled under your Service Agreement. If you wish to buy out your contract early and renew Service, you may choose to do so. A $20.00 reactivation fee, along with the buyout fee, will be required to process this request.
Return Policy. Devices may be returned or exchanged within 14 days of original purchase. To terminate Service without penalty, you must return the device in original condition with original sales receipt and ALL original packaging and contents. Activation fees are non-refundable. You will be responsible for all fees and charges incurred through the date of cancellation. A restocking fee of $35 will apply to any device return or exchange.
Device Returns or Trade-Ins. If you return a device to Appalachian Wireless, trade in a device, or otherwise relinquish possession of a device to Appalachian Wireless, you acknowledge that you have no further ownership rights or claims to the device. You further represent and warrant that you have: 1) ERASED ALL PERSONAL, CONFIDENTIAL OR SENSITIVE INFORMATION FROM AND DEACTIVATED APPLICATIONS AND SERVICES ON THE DEVICE; 2) REMOVED THE SIM CARD AND MEMORY CARD, IF EQUIPPED; AND 3) PERFORMED A FACTORY RESET. APPALACHIAN WIRELESS DOES NOT GUARANTEE AND IS NOT RESPONSIBLE FOR REMOVAL OF INFORMATION ON THE DEVICE. After you relinquish a device, all device information is unrecoverable.
Directory Assistance. To reach directory assistance, you must dial 411 or XXX-555-1212. Charges for directory assistance may vary by location; it may include roaming and/or long-distance charges.
Roaming. Usage outside of Appalachian Wireless’ licensed market is considered “roaming” usage. The website www.appalachianwireless.com/coverage-maps will assist you in determining when roaming charges apply. Usage and/or charges incurred while roaming may not appear on your bill or call records during the month in which you roamed due to the required processing time. Appalachian Wireless reserves the right to automatically terminate your Service upon 30 days written notice for any line on your account if more than 50% of that line’s overall usage is roaming usage (i.e., on the network of a roaming partner, outside the Appalachian Wireless licensed market area) for three consecutive billing cycles.
International Long Distance Calling. If you desire to place calls to another country while you are in the U.S.A., you must contact us to request to enable international long distance calling. Conditions, restrictions, and charges will apply. Details are available at www.appalachianwireless.com/int.
International Travel. Appalachian Wireless offers several options for customers who are traveling internationally. Additional charges will apply. Details are available at www.appalachianwireless.com/int.
Use of Service. Service is furnished for your use only. You have no property or ownership rights in your Service. Appalachian Wireless may change and reassign your number assignment from time to time upon written notice to you. In certain instances, you may “port” the number you use from one carrier to another, as required and/or allowed by law. Each number can only appear in one cellular unit and serial number. You are responsible for ensuring that your device is technically and operationally compatible with the Appalachian Wireless network and in conformance with applicable Federal Communications Commission (FCC) rules and regulations. YOU AGREE THAT YOU WILL NOT USE THE UNIT OR THE SERVICE FOR ANY UNLAWFUL OR ABUSIVE PURPOSE OR IN SUCH A WAY AS TO CREATE DAMAGE OR RISK TO APPALACHIAN WIRELESS’ BUSINESS REPUTATION, EMPLOYEES, FACILITIES, OR TO THIRD PARTIES OR THE PUBLIC GENERALLY. IF YOUR USE OF THE UNIT OR THE SERVICE IS UNLAWFUL OR ADVERSELY AFFECTS THE SERVICE PROVIDED TO OTHER CUSTOMERS, APPALACHIAN WIRELESS RESERVES THE RIGHT TO TERMINATE SERVICE WITHOUT NOTICE.
Copyright Infringement and Digital Millennium Copyright Act (DMCA). Appalachian Wireless respects the intellectual property rights of others. If a content owner alleges that you have used the Services to infringe upon their rights, you will receive a copyright infringement notice. If you wish to deny or contest the alleged infringement, you should submit a counter notification to Appalachian Wireless’ DMCA Compliance Agent by following the instructions found at www.appalachianwireless.com/digital-millennium-copyright-act. The counter notification must comply with the requirements of the DMCA and must be submitted within 10 days of the date of the original copyright infringement notice. It is the policy of Appalachian Wireless, in appropriate circumstances, to terminate service to subscribers who are determined to be repeat copyright infringers in the sole discretion of Appalachian Wireless.
Privacy of Your Cellular Phone. Cellular systems use radio channels to transmit voice and data communications over a complex network. Complete privacy of your conversations on the cellular system cannot be guaranteed. Please see Appalachian Wireless’ Privacy Policy at www.appalachianwireless.com/privacy-policy.
CPNI and Authorized Users. Customer Proprietary Network Information (CPNI) is certain information that Appalachian Wireless and other telecommunications carriers obtain when providing Services to you. Picture ID is required at retail stores and/or authorized dealers when obtaining Services or information about your account. The unique password you create will be required to obtain information or assistance over the phone. You must provide the name(s) of any person(s) you wish to authorize to access your account. Authorized persons are not allowed to sign Service Agreements. If you release your password to other individuals, they will have access to your account information.
Use by Minors. Children under the age of 13 should not be permitted to access or use the Services unless allowed by an account holder who is their legal guardian. By permitting a child to access any Appalachian Wireless Service, you are giving the child access to all features (such as email, texts, and device applications), the internet, and a broad range of third-party content. It is your sole responsibility to determine whether the features are appropriate for a minor. Appalachian Wireless is not responsible for any content accessed by you or minors. In addition, Appalachian Wireless does not guarantee the accuracy of any access controls available from Appalachian Wireless or any third parties, and you agree that you will not hold Appalachian Wireless liable for any loss or damage of any kind incurred as a result of the use of any such access controls.
Network Restrictions. Appalachian Wireless operates two networks: the EKN network and the LRA network. Some plans and features are only offered or available on one of the networks. The Unlimited Pro plan (75GB of Premium data, speeds slowed to 1Mbps after 75GB per line) and the Unlimited Ultra plan (100GB of Premium data, speeds slowed to 1Mbps after 100GB per line) are only available on the EKN Network.
Governing Law and Regulations. This Agreement, including all matters relating to its validity, construction, performance, and enforcement, shall be governed by applicable federal law, the regulations of the FCC, and the laws and regulations of the state where Service is provided. This Agreement is subject to amendment, modification, or termination if required by such regulations or laws.
WAIVER OF WARRANTIES. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. UNLESS EXPRESSLY SET OUT IN THE AGREEMENT, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR GUARANTIES OF ANY KIND. TO THE GREATEST EXTENT PERMITTED BY LAW, APPALACHIAN WIRELESS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER ORAL, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. NO ONE IS AUTHORIZED TO MAKE WARRANTIES ON OUR BEHALF. WE DO NOT GUARANTEE THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, BE OF A PARTICULAR QUALITY OR SPEED, OR WILL BE UNINTERRUPTED, ACCURATE, SECURE, MAINTAINED, AND KEPT FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. THERE IS NO SECURITY OR PROTECTION GUARANTEE AGAINST UNAUTHORIZED ACCESS TO YOUR SERVICES, PERSONAL INFORMATION, OR ACCOUNT. WE DO NOT GUARANTEE THAT THE SERVICES ARE SUITABLE FOR USE IN SITUATIONS IN WHICH ABSOLUTELY ACCURATE DATA TRANSMISSION OR SECURITY IS REQUIRED OR THAT COULD RESULT IN PERSONAL INJURY, PROPERTY DAMAGE, OR FINANCIAL LOSS.
LIMITATION OF LIABILITY. IN NO EVENT SHALL APPALACHIAN WIRELESS BE LIABLE FOR INTERRUPTIONS OR DELAYS IN TRANSMISSION, ERRORS OR DEFECTS IN TRANSMISSION, OR FAILURE TO TRANSMIT WHEN ANY SUCH PROBLEMS ARE CAUSED BY ACTS OF GOD, FIRE, WAR, RIOT, GOVERNMENT AUTHORITIES OR BY CAUSES BEYOND OUR CONTROL. APPALACHIAN WIRELESS WILL NOT BE LIABLE FOR ANY ACTUAL OR CONSEQUENTIAL DAMAGES, AND NO CREDIT ALLOWANCE WILL BE GIVEN FOR INTERRUPTIONS CAUSED BY YOUR NEGLIGENCE OR YOUR WILLFUL ACTS, OR FOR INTERRUPTIONS CAUSED BY FAILURE OF SERVICE OTHER THAN APPALACHIAN WIRELESS’ SERVICE, OR EQUIPMENT FAILURE OF ANY KIND. IF SERVICE IS EVER INTERRUPTED FOR MORE THAN 24 HOURS IN A GIVEN MONTHLY BILLING PERIOD DUE TO APPALACHIAN WIRELESS’ NEGLIGENCE OR BREACH OF THIS AGREEMENT, APPALACHIAN WIRELESS MAY MAKE A CREDIT ALLOWANCE, AFTER YOUR WRITTEN REQUEST (WHICH MUST BE SUBMITTED IN THE SAME BILLING PERIOD IN WHICH THE INTERRUPTION OCCURRED), IN THE FORM OF APPROPRIATE ADJUSTMENT OF THE FIXED MONTHLY CHARGES BILLED TO YOU. IN NO CASE SHALL THE CREDIT EXCEED THE MONTHLY BILLING PERIOD SERVICE CHARGE. THIS IS APPALACHIAN WIRELESS’ COMPLETE LIABILITY TO YOU FOR INTERRUPTIONS OF SERVICE. APPALACHIAN WIRELESS DISCLAIMS ALL LIABILITY FOR INTERRUPTIONS OF SERVICE ON ANY SYSTEM THAT IS NOT APPALACHIAN WIRELESS’. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY AND ALL CLAIMS YOU MAY HAVE AGAINST APPALACHIAN WIRELESS MUST BE BROUGHT WITHIN 2 YEARS OF THE DATE THE CLAIM ARISES (OR SUCH SHORTER TIME PERIOD AS MAY BE PROVIDED BY LAW) OR BE FOREVER BARRED.
Assignment. Appalachian Wireless may assign its rights or duties under this Agreement in whole or in part without notice to you. Upon such assignment, Appalachian Wireless shall be released from all liability hereunder. You may assign this Agreement only upon the prior written consent of Appalachian Wireless. Subject to this restriction, this Agreement shall inure to the benefit of and be binding upon the heirs, successors, subcontractors, and assignees of the respective parties.
Your Copy. By proceeding with activation of, use of, or payment for the Service, you represent and warrant to Appalachian Wireless that you are of legal age, acknowledge that you have received a true copy of this Agreement, and have read and clearly understand the terms of this Agreement, and if proceeding on behalf of a corporation or other entity, are fully authorized to proceed on behalf of such entity. The party proceeding on behalf of any entity, by acceptance hereof, agrees to individually be jointly and severally liable for all charges due Appalachian Wireless pursuant to this Agreement.