Terms

TerraCom and TerraCom Wireless are services brought to you by TerraCom, Inc. TerraCom provides both Non-Lifeline and Lifeline Assisted services.  The Lifeline Assistance program is supported by the federal Universal Service Fund program and is administered by the Universal Service Administrative Company. These Terms and Conditions of Service apply to TerraCom provided services. Please read these terms carefully as these Terms and Conditions of Service become effective by activating or using services provided by TerraCom or TerraCom Wireless and is a legally binding agreement between you and TerraCom.  These Terms and Conditions of Service contain important information about your consumer rights.  TerraCom reserves the right to change or modify the Terms and Conditions of Service at any time and at its sole discretion.  Changes made to the Terms and Conditions of Service will become effective at the time the change is posted on the TerraCom Website at www.terracomonline.com.  Please check this website often for updates to the Terms and Conditions of Service.

Lifeline Support is a monthly support that reduces the cost of monthly wireless service or residential home telephone service.  An eligible TerraCom or TerraCom Wireless customer may receive a lifeline discount on wireless service, but the lifeline discount is available for only one telephone connection per household.  Lifeline support may vary between states.  Link-Up is a one-time support that reduces the one-time costs associated with initiating telephone service for a TerraCom or TerraCom Wireless eligible customer.  Link-Up discounts lower the cost of initiating wireless or home telephone service.  An eligible TerraCom customer may only receive one Link-Up discount at their address, and can only receive a second or subsequent Link-Up discount only for a principal place of residence with an address different from the residence address at which the Link Up assistance was provided previously

Eligibility for the TerraCom lifeline service program varies by state. Subscribers may qualify for a TerraCom lifeline program if they participate in one of the government programs listed below or may qualify based on household income eligibility standards as defined below.  By completing the TerraCom Wireless application, a subscriber’s consent is required to the release required information, including financial information if necessary, to a designated agent as required for the administration of your TerraCom lifeline service. This consent survives the any termination of this agreement. TerraCom reserves the right to review any subscriber’s continued eligibility for the lifeline program, at any time, and may require subscribers to provide TerraCom with written documentation of either subscriber household income or subscriber’s participation in a qualifying state or federal program. A subscriber may only participate in one lifeline program in either landline or wireless service at the subscriber’s principal place of residence. If a subscriber or any member a subscriber’s family participates in a lifeline program from another provider, the subscriber is responsible for notifying the other provider that they have been approved for a TerraCom lifeline program from TerraCom, Inc.  Notice to terminate service from any other provider’s lifeline program must be given after activating new service in the TerraCom lifeline program.

TerraCom subscribers may qualify for a lifeline and link-up service offering if the subscriber meets certain state and federal eligibility requirements.  These requirements are determined by the particular state where the subscriber resides.  These state and federal eligibility requirements are also based on either program based eligibility or income based eligibility.

Program based eligibility varies by state.  TerraCom subscribers are eligible to receive lifeline and link-up discounts, under the program based eligibility, if they participate in one or more of the following programs and the state participates in that program:

• Food Stamps (program may be named differently by state)
• Medicaid
• Low Income Home Energy Assistance Program (LIHEAP)
• National School Lunch programs (free lunch programs)
• Federal Public Housing Assistance (Section 8)
• Supplemental Security Income (SSI)
• Temporary Assistance for Needy Families Program (TANF)

Income based eligibility varies by state.  Some states do not offer income based eligibility for lifeline and link-up programs.  TerraCom subscribers are eligible to receive lifeline and link-up discounts, under the income based eligibility, if subscriber’s total combined household income meets the defined U.S. Government Income Poverty Guidelines.  Proof of income documentation (such as a current tax return) must be provided to TerraCom to demonstrate eligibility income based eligibility.  

Subscribers applying for service in a TerraCom lifeline or link-up program agree to, and declare under penalty and perjury, that all of the following conditions below apply (but not limited to):

• TerraCom lifeline and link-up program is limited to one connection per household
• Subscriber applying for service certifies that subscriber has not utilized a link-up discount at the existing address.
• Subscriber applying for service certifies that subscriber does not participate in any other lifeline program.
• Subscriber applying for service may be required to provide a Social Security Number in order to certify or verify eligibility for lifeline or link-up service.  (Social Security information is strictly confidential and will not be disclosed to others without a subscriber’s written consent)
• If subscriber participates in another lifeline program at the time applying for TerraCom lifeline service, the subscriber agrees to cancel lifeline service with any other provider.
• Subscriber agrees to immediately notify TerraCom of any address change.
• Subscriber affirms they meet the head of household requirement.
• Subscriber affirms they are least 18 years old.
• Subscriber affirms they are not claimed as a dependant on another person’s tax returns.
• Subscriber affirms they will immediately notify TerraCom Wireless if they no longer participate in at least one of the state or federal programs required to receive lifeline discounts.
• Subscriber authorizes representatives of any state of federal assistance program to discuss or provide documentation needed to verify participation requested by TerraCom.  Subscriber also authorizes any state or federal assistance programs representatives to verify subscriber’s eligibility for lifeline or link-up programs.
• Subscribers applying for lifeline and link-up programs authorize TerraCom, or its duly appointed representative’s to have access to records relating to the applicant to verify eligibility for the TerraCom lifeline or link-up program.
• Subscribers applying for TerraCom lifeline and link-up programs affirm, under penalty and perjury, that all foregoing representations made when applying for service are true and correct to the best of the subscriber’s knowledge.

Subscribers participating in the TerraCom lifeline program will be required to re-certify, on an annual basis, their qualification to continue to participate in lifeline programs based on the appropriate state or federal recertification or verification requirements.  TerraCom Wireless reserves the right to determine, at its sole discretion, if a subscriber meets the annual recertification or verification requirements and if the subscriber fails to re-qualify for lifeline service.  If TerraCom is unable to recertify or verify the required lifeline qualifications the subscriber will be deemed ineligible to further participate in TerraCom lifeline programs.  The subscriber’s free minute plan will be discontinued in favor of a new plan to be chosen by the subscriber.   The subscriber will be eligible to choose from any then available plan under the applicable terms and conditions for that plan.

TerraCom reserves the right to cancel or suspend, without notice, a subscriber’s account for any fraudulent related reasons or upon the request of any state or federal authority’s request.  TerraCom subscribers have the ability to terminate from the lifeline program for any reason.  Subscribers who choose to terminate from the lifeline program are required to send notice of termination in writing to the address below or by fax.  Upon termination from the program, subscribers will no longer receive free minutes included each month and will be required to re-qualify for lifeline and link-up qualifications if they choose to enroll with another TerraCom lifeline program. 

Please send all termination requests (include name, wireless number, and identity related information) to:

TerraCom, Inc.
Attn: Disconnect Department
401 E. Memorial Rd., Suite 500
Oklahoma City, OK 73114

Or by fax to:
405-753-9111

If you do not accept any of these Terms and Conditions of Service, do not activate or use service provided by TerraCom and contact TerraCom at 1-888-716-8880.  By accepting these Terms and Conditions of Service, you represent that you are at least 18 years of age, you meet the eligibility requirements for TerraCom service, and you agree that you may not assign your rights or delegate any of your duties under these terms without the prior written consent of TerraCom.   Any attempted assignment or delegation without proper consent from TerraCom shall be void.

The following supported services are available to TerraCom subscribers who participate in lifeline or link-up programs.  Questions regarding supported services can be made in writing or by contacting a TerraCom representative at 1-888-716-8880.

1. Voice grade access to the public switched network. TerraCom Wireless service provides wireless access to the Public Switched Telecommunications Network (“PSTN”). “Voice grade access to the public switched network" is defined as a functionality that enables a subscriber of telecommunications services to transmit voice communications, including signaling the network that the caller wishes to place a call, and to receive voice communications, including receiving a signal indicating there is an incoming call in a bandwidth, at a minimum, between 300 to 3,000 Hertz;
2. Dual tone multi-frequency signaling or its functional equivalent.  "Dual tone multi-frequency" (DTMF) is a method of signaling that facilitates the transportation of signaling through the public telecommunications network, shortening call set-up time.  TerraCom Wireless handsets are “DTMF” capable;
3. Single-party service or its functional equivalent.  "Single-party wireless service" is a dedicated message path for the length of a subscriber’s particular transmission. TerraCom Wireless provides customers with single-party access for the duration of every call a subscriber makes that is provided by TerraCom Wireless.  TerraCom Wireless does not provide multi-party or party line service;
4. Access to emergency services.  "Access to emergency services" is a service available to TerraCom Wireless subscribers that allows a subscriber to call to emergency services through a Public Service Access Point (PSAP) operated by the local government;
5. Access to operator services.  "Access to operator services" is defined as having access to any automatic or live assistance to a consumer to arrange for billing or completion, or both, of a telephone call;
6. Access to interexchange service.  "Access to interexchange service" is defined as the user of the telecommunication service having access to complete a long distance call or a toll call;
7. Access to directory assistance. " Access to directory assistance" is defined as access to a service that includes making available to customers, upon request, information contained in directory listings; and
8. Toll limitation for qualifying low-income consumers.  "Toll limitation" TerraCom qualifying subscribers have the option to use their service to complete a long distance call or toll call in an amount of service that limits the amount of toll service to which the subscriber has already paid.

TerraCom service is provided at the company’s discretion. TerraCom may change pricing or the company’s Terms and Conditions of Service, from time to time, without notice.  Unless expressly prohibited by law, TerraCom reserves the right to modify or cancel a subscriber’s service, an account, or take corrective action at any time and for any reason, including, but not limited to, your violation of any provision of these Terms and Conditions of Service. Check the TerraCom website, www.terracomonline.com, for the most recent pricing and changes to the Terms and Conditions of Service.  A subscriber’s right to use TerraCom service is subject to TerraCom business practices, policies, procedures, rates and these Terms and Conditions of Service.  TerraCom may change the Terms and Conditions of Service at any time.  TerraCom will notify subscribers of any change to the Terms and Conditions of Service that are determined to be materially adverse to a subscribers service 30 days in advance of the change.  If subscriber does not terminate service within 30 days of receiving this notice of a change in the Terms and Conditions of Service, subscriber agrees to accept any such changes.

TerraCom, Inc. provides TerraCom telecommunications services using the geographic areas covered by the ILEC footprint.  Local phone numbers may not be available in all areas.  TerraCom service is for personal use only and may not be used in a manner that interferes with another TerraCom customer’s use of service. TerraCom services may not be used for any type of monitoring services, any data transmissions, or other non-personal related connections that do not consist of uninterrupted live dialogue between two individuals.  A TerraCom subscriber account may be terminated, without notice, if a subscriber’s usage is determined to be used in violation of the Terms and Conditions of Service for non-personal use, pager service, voicemail retrieval service, or other uses deemed inappropriate.

TerraCom services may affected by limitations.  Coverage is not available everywhere. Quality of service may be affected by conditions beyond TerraCom control, including atmospheric, geographical, or topographical conditions.  Service may also be affected by damage to service network issues and outages.  TerraCom does not guarantee, or warrant, that service will be available at any specific time or geographical location, or that service will be provided without possible interruption.  You should therefore never solely rely on your phone for emergency calls, such as to 911.  TerraCom customers have access to dial 911 in an emergency.  However, occasionally a subscriber may attempt to call 911 in an area where there is no 911 coverage.  If there is no 911 access available, a subscriber’s call to 911 may not be avaialable.

By applying or activating service with TerraCom, a subscriber agrees not to use TerraCom services in any way that is illegal, abusive, or fraudulent.  This will be determined by TerraCom in its sole discretion.  You may also not alter any of the software or hardware on your TerraCom handset for any purpose.  TerraCom phones may not be sold to third parties.

In order to verify if you reside within a service area please visit www.terracomonline.com.  You may enter your zip code or locate coverage maps on the website to verify service availability. The zip code search is only an approximation of actual service availabilty and may differ substantially from the areas of coverage shown on the website.  TerraCom does not guarantee service availability. 

TerraCom lifeline programs are only available for activation by customer’s who reside in the areas in which TerraCom, Inc., has been designated as a Eligible Telecommunications Carrier (“ETC”). To receive subsidized service, a subscriber’s principal residence address must be within a TerraCom ETC service area. Visit www.terracomonline.com to check whether you reside in a TerraCom ETC service area. To be eligible for TerraCom service, a subscriber must meet the applicable eligibility standards described throughout these Terms and Conditions of Service, which may be amended by TerraCom.  Where applicable, TerraCom lifeline programs are provided to you by TerraCom, Inc., and are governed by tariffs.  Tariffs are on file with the appropriate public utility commissions in each state and supersede any term related to the Lifeline Assistance program.  TerraCom may provide access to tariffs through its website.  Please be aware that tariffs posted online may not be official documents and you assume full responsibility for any tariff information you access on the TerraCom website.  TerraCom bears no liability for the accuracy of any documents available on this website.

1. Airtime is valued at $0.20 per minute of use.  Airtime charges apply to standard voice usage calls for both local and domestic long distance calls.  TerraCom Wireless voice usage is deducted in full-minute increments and all partial minutes are rounded up to the next minute.  Airtime usage is rounded up to the nearest whole minute. Airtime applies to all message retrieval and voice calls.  Credits will not be given for dropped calls.  Any unused airtime that expires is forfeited upon expiration or termination of eligibility in the TerraCom Wireless Lifeline Assistance program.  Roaming charges, if they apply, will be billed at a rate of $0.59 per minute of use and will be deducted from the available minutes.  Roaming charges occur when a subscriber makes a call using the facilities of another wireless service provider due to the location the call was placed.  Roaming occurs when you make or receive calls outside the home network calling area.  TerraCom Wireless does not provide any guarantees as to the availability or quality of service while roaming. A TerraCom Wireless Customer must have airtime minutes available to make or receive a call.  TerraCom Wireless handsets will only operate when you have airtime minutes available on your wireless account. If you run out of your allotment of airtime, you may purchase and add additional airtime to your account. 
   Lifeline Free Plan 68:
   Each month you will receive 68 free voice minutes.  Text messaging will be assessed at a rate of 0.3 minutes per text message for sending and 0.3 minutes per text message for receiving text messages.  Unused minutes will rollover from month to month and are available for a maximum of sixty (60) days.
   Lifeline Free Plan 125:
   Each month you will receive 125 free voice minutes.  Text messaging will be assessed at a rate of 1 minute per text message for sending and 1 minute per text message for receiving text messages.  Unused minutes will rollover from month to month and are available for a maximum of sixty (60) days.
   Lifeline Free Plan 250:
   Each month you will receive 250 free voice minutes.  Text messaging will be assessed at a rate of 1 minute per text message for sending and 1 minute per text message for receiving text messages.  There are no rollover minutes with this plan.  Unused minutes will expire each month on the service expiration date.
   Non-Lifeline Plan 68:
   Each month you will receive 68 voice minutes for $13.60 per month. Text messaging will be assessed at a rate of 0.3 minutes per text message for sending and 0.3 minutes per text for receiving text messages. Unused minutes will rollover from month to month are are available fro a maximum of sixty (60) days. Non-lifeline plans may vary by state.
   TerraCom Wireless Additional Minutes Plans:
   TerraCom Wireless will provide Additional Minutes Plans.  Please visit www.terracomwireless.com for the current rates of adding additions minutes rate plans.  Unused minutes and messages expire at the end of your monthly period and may not be used in subsequent months. If you use all of your monthly voice minutes and messages before a new monthly cycle starts and you add an Additional Minutes Offering Plan to your account, you will be charged based off the Additional Minutes Offering Plan you choose for voice and messages.  If you use all of your monthly voice minutes before a new monthly cycle starts, and you do not have a sufficient balance in your account, you may not use your wireless phone to make or receive voice calls, other than 911 emergency calls, until the start of the next monthly cycle.  If you have an Additional Minutes Offering Plan and use all your minutes included in the plan you will not have the ability to make calls or receive messages, except to place 911 calls where available, until you purchase another Additional Minutes Offering Plan or a new monthly cycle starts.  If you are a lifeline customer and also have an Additional Minutes Offering Plan and you do not have sufficient funds in your account to pay your monthly charge on your payment due date, you will automatically be switched to the free minutes offer only included each month with your service from the TerraCom Wireless lifeline program.
   
   Subscribers may add an Additional Minutes Offering Plan to their TerraCom Wireless account by using one of following methods.  You can add an Additional Minutes Offering Plan to your account by paying by credit/debit card, or by buying a Additional Minutes Offering Plan at any TerraCom Wireless authorized agent location. TerraCom Wireless Additional Minutes Offering Plans come in increments of $5, $10, $15, $20, $25, $30, $50 and $60.  Sales taxes apply and are not included in the cost of the minute plan purchased.  All minute plans offered by TerraCom Wireless include a limit (CAP) on the amount of minutes a subscriber can use in the 30-day period that begins on the day the plan is purchased.  For instance, the $50 plan includes a maximum of 1300 minutes of use in a 30-day period.  Purchased Additional Minutes Plans cannot be transferred or applied to any other wireless service or account. 
2. TerraCom Wireless Calling Features include Caller ID, Call Waiting, Three-Way Calling, Call Forwarding, and Voicemail.  Caller ID may display both your billing name and your wireless number when placing outbound calls.  TerraCom wireless does not have the ability to block your name and number when making outbound calls.
3. The TerraCom Wireless activation fee may vary by state.  In most states the activation fee is $60 and some of the activation fee may be deferred.  Subscribers activating service with a TerraCom Wireless lifeline program may be eligible for a link-up discount at the time of activation.  The link-up fee will provide the subscriber a discount off the activation fee.  TerraCom Wireless subscribers are responsible to pay any remaining activation fee not covered by link-up.  Subscribers are solely responsible to pay for the entire activation fee if they are not eligible for link-up.  Activation fees may be deferred over a period of 12 months (balance at time of activation divided by 12 and billed monthly).  In some states, the remaining balance of an activation fee, not covered by link-up, may be waived.  TerraCom Wireless reserves the right at any time and without notice to change the activation fees charged to new subscribers.
   Subscribers who successfully submit a TerraCom Wireless application for the lifeline program will receive a free wireless phone provided by TerraCom Wireless including an allotment of free airtime minutes each month for a period of twelve (12) consecutive months from the date service is started.  The actual amount of airtime minutes eligible lifeline subscribers will receive each month varies by state.  TerraCom Wireless reserves the right to change, or modify the actual amount of airtime minutes and eligible subscribers will receive on a monthly basis without notice.  TerraCom Wireless reserves the right to determine, at its sole discretion, whether or not an applicant meets the eligibility requirements to participate or continue to participate in the TerraCom Wireless lifeline.

TerraCom and TerraCom Wireless charges state and local sales taxes.  Pricing listed on the TerraCom website or listed in advertising methods for wireless service do not include certain taxes or surcharges. Subscribers are responsible for all charges applicable to the use of TerraCom service regardless if the subscriber was the actual user of the service.  The amount of these taxes and surcharges is subject to change and may vary from time to time and by geographic area. TerraCom Wireless collects sales taxes on all Additional Minutes Offering Plans and may also collect regulatory fees in certain states. Third party authorized retailers are responsible for collecting sales taxes and required regulatory fees for transactions that occur through such third party authorized retailers. Changes to a tax or surcharge will become effective as provided by the appropriate taxing authority and changes to applicable contribution amounts for Federal Universal Service Fund (“FUSF”) will apply.  Taxes and fees are subject to change without notice.

Directory assistance calls will be charged at a rate of $1.50 per call plus applicable airtime charges.  Calling to 900 / 976 numbers are not available to TerraCom subscribers.  Placing calls to 800 / 866 / 877 or other toll-free numbers will be available to subscribers.  TerraCom allows subscribers to make or receive domestic long distance calls inside the domestic USA as long a the subscriber has long distance available.  TerraCom does not allow free calls to other subscribers using TerraCom service. 

Subscribers can switch their number for an additional fee.  To make this change, please call TerraCom at 1-888-716-8880 to switch your wireless phone number.  A charge of $25 may apply to number change requests.

TerraCom will block any calls to 1-900, 1-976, some international calling, or other pay-per-call services. 

If a subscriber’s account is deactivated for any reason, TerraCom will assess subscribers a standard reactivation fee which is not refundable.

Please contact TerraCom at 1-888-716-8880, or visit our website at www.terracomonline.com, for additional pricing information or answers to any questions about TerraCom services.  Calls to TerraCom may be monitored and recorded for quality assurance.

TerraCom Subscriber Account History: 

Subscriber account history is available online for the previous 60 days of service.  You may request a printed copy of your account history detailing the last 60 days of service by sending a written request to TerraCom, 401 E. Memorial Rd., Suite 500, Oklahoma City, OK 73114, Attention: Account History. If you deactivate your services or change your phone number, you may obtain your account history by contacting TerraCom at 1-888-716-8880.  Please visit www.terracomonline.com to access your account history at no cost.  TerraCom subscribers have the ability to request a copy of their paper bill.  Requests for a copy of the paper bill must be submitted in writing via mail or fax. 

Send requests to:
TerraCom, Inc.

401 E. Memorial Rd., Suite 500

Oklahoma City, OK 73114

Or fax to:
405-753-9111

If you have a dispute with any charge to your TerraCom account, you must notify us within 60 days after the charge appears on your account. You may either contact TerraCom at 1-888-716-8880 or send notice in writing to the address listed below.  A TerraCom Customer Service Representative will investigate your claim.  If TerraCom is not notified of your dispute within this 60-day period you waive any right to dispute the charge, including in arbitration and/or a court proceeding.  You accept all charges not properly disputed within this 60-day period.  We will provide you a credit or refund if we determine that the disputed charge was inappropriate and was disputed by you in a timely manner. If we provide a credit or refund, you agree that the dispute is fully and finally resolved and not subject to any further proceedings.  TerraCom is not liable for any charges for products or services provided by third parties through and for use on our network, regardless of the date on which you report it.   If any unauthorized or disputed charge appears on your statement for a third-party product, you must contact that third party directly.  Third-party contact information is also available by calling TerraCom at 1-888-716-8880.  TerraCom service, unless otherwise provided by law, excludes all incidental or consequential damages.  Some states do not allow this exclusion.

Dispute by mail:
TerraCom, Inc.
Attn: Dispute Resolution
401 E. Memorial Rd., Suite 500
Oklahoma City, OK 73114

Refunds: 

TerraCom will provid a subscriber a refund in the event that service has been paid for by the subscriber and was not used or TerraCom was unable to install.  Monthly charges for service is prepaid and is not refundable if the subscriber cancels during the month.  Any service that is paid in advance and is not used will be refunded to the subscriber.  Please allow up to two(2) billing cycles to receive a refund.  For questions, please call 1-888-716-8880.

TerraCom subscribers must accept the number that is assigned to them at the time of activation. The phone number TerraCom provides for subscribers to use is and will remain the property of TerraCom Wireless.  TerraCom may release a subscriber’s wireless phone number to another subscriber, without giving notice, if the subscriber cancels service with TerraCom, or if the account is deactivated.  Subscribers may transfer a number prior to the number being reissued to another subscriber.  TerraCom reserves the right to change a number at any time.  TerraCom will attempt to notify the subscriber prior to any change.  A subscriber can request to change a phone number for a number change fee of $25.

In some situations, a subscriber may transfer an existing carrier telephone number to your TerraCom service for use as a TerraCom phone number.  To switch an existing phone number to TerraCom, please contact TerraCom at 1-888-716-8880. Before calling, please have a bill available from the existing carrier.  When a subscriber transfers from another carrier to TerraCom, they may have to pay a termination fee to the former carrier to early terminate the contract.  TerraCom will not reimburse a subscriber for any termination fees imposed by other carriers.

By agreeing to Terms and Conditions of Service herein, you also agree to the terms of TerraCom Privacy Policy available online at www.terracomonline.com. The Privacy Policy may change from time to time and includes important information on what data we collect about you, how we use this data and with whom we share that data.  Any “Customer Proprietary Network Information” (CPNI) data that TerraCom collects from subscribers will be handled in accordance with the Federal Communications Commission regulations, federal consumer privacy laws and the TerraCom Privacy Policy.  TerraCom will not intentionally share subscriber’s personal information without the subscriber’s permission.  TerraCom may, from time to time, use the information subscribers provide to market services to subscribers that may be related to TerraCom services or offerings. Subscribers will have the opportunity to choose whether they would like to receive text messages notices, email notices, or direct mail and other updates from TerraCom and its affiliates about new products, promotions, or other important services offered by TerraCom.  Subscribers who choose not to receive these notices may elect to unsubscribe to the information by calling TerraCom at 1-888-716-8880. TerraCom may disclose to law enforcement authorities and governmental agencies any information, including your name, account information, account history, or other information properly requested by law enforcement to comply with appropriate legal requests.

You agree to contact TerraCom with any disputes. You must contact TerraCom with any dispute by calling TerraCom at 1-888-716-8880 or by writing TerraCom at 401 E. Memorial Rd., Suite 500, Oklahoma City, OK 73114, Attn. Dispute Resolution.  You must provide a description of the dispute, all relevant information, any supporting documentation, and the proposed dispute resolution. A TerraCom representative will contact you at the last address you have provided or by phone. TerraCom agrees to negotiate in good faith to resolve any dispute you may have. You agree to pay the full amount reflected on your account statement, even while a dispute is being resolved.  If you do not reach an agreement to resolve your claim within 30 days after notice of dispute was given, you or TerraCom may commence a Binding Arbitration proceeding(see below).

Certain disputes you may have with TerraCom may be resolved through Binding Arbitration.  By making or receiving calls using a TerraCom service you agree the sole remedy for any dispute shall be Binding Arbitration on an individual basis.  You waive your rights to a jury trial or any class actions.  You also agree the Federal Arbitration Act governs any dispute claim you have with TerraCom.  This Binding Arbitration you agree as the sole remedy limits your options available in the event of a dispute to an individual basis and survives any termination of your service with TerraCom.  Class Arbitrations and Class Actions are herby excluded as a remedy for any dispute you may have.  

This agreement shall be construed under the laws of the state of Oklahoma, without regard to its choice of law rules, except for the arbitration provision contained in these Terms and Conditions of Service, which will be governed by the Federal Arbitration Act.  This governing law provision applies no matter where you (the subscriber) reside, or where you (the subscriber) use or pay for TerraCom services.  To the extent permitted by law, if a dispute claim proceeds in court, TerraCom and you waive any right that we may have to trial by jury in any lawsuit or other proceeding.

TerraCom Wireless and TerraCom, Inc. are not liable to you (subscriber) for any direct or indirect, special, incidental, consequential, exemplary or punitive damages of any kind, including lost  or potential profits (regardless of whether it has been notified such loss may occur) by reason of any act or omission in its provision of equipment and/or Services. TerraCom Wireless and TerraCom, Inc. will not be liable for any act or omission of any other company furnishing a part of our services, or our equipment or for any damages that result from any service or equipment provided by or manufactured by affiliated or non-affiliated third parties. TerraCom Wireless and TerraCom, Inc. are not responsible, at any time, and shall not be liable to you or anyone else for any personal information such as user names, passwords, contacts, pictures, SMS, or any additional content you may have stored on your phone or which may remain on your phone during and/or after you no longer have service with TerraCom.  Unless prohibited by law, you (subscriber) agree to limit claims for damages or other monetary relief against each other to direct and actual damages.  TerraCom assumes no risk or responsibility for a subscriber’s use of any content provided by TerraCom services.  TerraCom is not liable for any act or omission of any third party company providing part of TerraCom services (this includes equipment provided by a third party), any errors or omissions of any vendors or agents participating in offers made by TerraCom, any damages that result from third parties, or any unauthorized or disputed charges.  There is no fiduciary duty that exists between you (subscriber) and TerraCom Wireless, TerraCom, Inc., or its affiliates.  You (subscriber), also agree that TerraCom will not liable for any missed voice mails, any messages from your voicemail system, any data content, or any storage or deletion of contacts from a handset address book provided by TerraCom.

To the full extent by law, you agree to hold harmless and indemnify TerraCom Wireless, TerraCom, Inc., and its affiliates and their respective officers, agents, directors, partners and employees, from any and all liabilities, settlements, penalties, claims, causes of action and demands brought by third parties (including any costs, expenses or attorneys’ fees on account thereof), directly or indirectly, resulting from your use of TerraCom products and services, or another person whom you authorize to use your products or services, whether based in contract or tort (including strict liability) and regardless of the form of action.  This obligation shall survive any expiration or termination of your service with TerraCom, Inc.

A subscriber may reside in a state that does not allow disclaimers of implied warranties or limits remedies for breach.  Therefore, the above exclusions or limitations may not apply to all subscribers.  A subscriber may have other legal rights that vary by state. 

TerraCom and TerraCom Wireless do not manufacture wireless phones or equipment used by subscribers.  The only warranties applicable to such devices or equipment are those extended by the manufacturers. We have no liability, therefore, in connection with wireless phones and other equipment or for manufacturers’ acts or omissions.  WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS AND SERVICES PROVIDED HEREUNDER OR ANY SOFTWARE REQUIRED TO BE USED IN CONNECTION THEREWITH, INCLUDING, BUT NOT LIMITED TO, AND TO THE EXTENT PERMITTED BY LAW, WARRANTY OF TITLE, WARRANTY THAT A PRODUCT OR SERVICE IS FIT FOR A PARTICULAR USE OR WARRANTY OF MERCHANTABILITY. WE EXPRESSLY DISCLAIM ANY AND ALL IMPLIED WARRANTIES. WE DON’T PROMISE ERROR-FREE OR UNINTERRUPTED SERVICE AND DON’T AUTHORIZE ANYONE TO MAKE WARRANTIES ON OUR BEHALF.

The TerraCom Terms and Conditions of Service, contained herein, supersede all oral or written communications and understandings between you, TerraCom Wireless, and TerraCom, Inc., with respect to products and services provided to you and the terms under which they are offered to you by TerraCom.  The surviving sections of this Terms and Conditions of Service shall continue to be valid and enforceable in the event that any part of these Terms and Conditions of Service is declared invalid, not applicable, or becomes unenforceable.  There are no provisions of these Terms and Conditions of Service that provide any person or any entity that is not a party to these Terms and Conditions of Service with any remedy, liability, claim, reimbursement, or any cause of action, or that creates any other third-party beneficiary rights. Any legal dispute, unless otherwise specified herein, shall be subject to the exclusive jurisdiction of the federal or state courts located within the State of Oklahoma.  This excludes customers who are residents of the state of California.

TerraCom reserves the right to suspend or terminate any subscriber’s access to TerraCom services or to the TerraCom website or affiliated websites, at any time, should we determine in our sole discretion that a subscriber has violated any of these Terms and Conditions of Service or any other policy of TerraCom, its affiliates, or for any other reason at the sole discretion of TerraCom.

You may send notices to TerraCom and TerraCom Wireless by mail, 401 E. Memorial Rd., Suite 500, Oklahoma City, OK, 73114, or by phone, 1-888-716-8880. Notices will be considered effective after received by TerraCom. If a subscriber is unable to resolve concerns with TerraCom, they may file a complaint with the Federal Communications Commission.  Any notice sent to a subscriber will be sent to your last known residence we have on file, or via text message to your TerraCom Wireless phone.