Terms & Conditions

Terms and Conditions of Service

These Terms and Conditions of Service constitute an important agreement (“Agreement”). This Agreement governs the sale and delivery of wireless services {“Services”) to you by Buffalo Lake Erie Wireless or any of its subsidiaries (“us”, “we”, “our” or Blue Wireless). Buffalo Lake Erie Wireless conducts business under the name Blue Wireless in Pennsylvania and New York. This Agreement is between you, the purchaser of the Services, and us. Certain regulatory filings, called tariffs, and other laws, may also govern our provision of Services to you. If this Agreement conflicts with any applicable law or tariff, the law or tariff shall control. This Agreement replaces and supersedes all previous versions of the Terms and Conditions of Service.

PLEASE READ THIS AGREEMENT. IF YOU DISAGREE WITH ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT, YOU DON’T HAVE TO ACCEPT THE AGREEMENT. IF YOU DO NOT WANT TO ACCEPT THIS AGREEMENT, YOU DO NOT HAVE TO START SERVICE OR YOU CAN TERMINATE SERVICE. Important: When you start Service or attempt to place any call on our wireless system, you indicate your acceptance of this Agreement and any applicable law and tariff.
Scope of Service.  Blue Wireless reserves the right to manage our phone systems and the calls, text or data on our systems in the way we believe benefits our customers the best. We may deny a request for Service from any customer or potential customer for any lawful reason.

Service is generally available within the operating range of our wireless system in your service area. The service we provide you depends on over-the-air radio transmissions.  As a result, many factors can affect your ability to make and receive calls, text or data on your wireless phone and the quality of those transmissions. These factors include your location, the conditions of the atmosphere, the terrain, and nearby buildings and other structures.  In addition, there may be times when you cannot make calls or it is difficult to make calls on our system. This may occur because ( 1) the number of calls being made or received exceeds the capacity of a part of our system, (2) a portion of our  system breaks or fails to operate as expected, (3) a problem occurs with service we purchase from someone else, (4) we are improving our system or performing maintenance work, (5) some accident occurs, or (6) other events outside of our control occur. As a result, sometimes Service, including calls or attempted calls to emergency services like 911, may be interrupted or may fail, and the quality of calls may sometimes be poor.

Any statements by Blue Wireless, its employees, representatives or agents about the coverage of our system are only intended to describe approximately Blue Wireless’ coverage in your service area. You should not interpret any such statement to mean that Service will be available without interruption in your service area.

We may request that you provide us with any information we reasonably need to manage the Service or to determine if you qualify for Service and are using the Service according to this Agreement. Blue Wireless reserves the right to block access to certain categories of numbers such as 1-900 numbers, chat room numbers, discussion room numbers, or any other number that Blue Wireless in its discretion feels is an inappropriate misuse of the system.

Rate Plan. We will determine what types of Service and rate plans (Rate Plans) we will offer to you. We may offer different Services and different Rate Plan(s) to different people and entities. Rate Plans may also vary by the local market in which Service is offered.  The Rate Plan you select determines the charges you have to pay for Service. The Rate Plan you select will be your Rate Plan until that Rate Plan is modified, you switch to a different Rate Plan (if we offer other Rate Plans to you) or your Service is terminated. You may be required to make deposits or advance payments before we will start Service for you. If we make more than one Rate Plan available to you, you may change to another Rate Plan by giving us reasonable advance notice. Blue Wireless Service rate plans offer unlimited domestic voice and text or voice, text and data access, depending on your plan and Device type (phone or smartphone). Blue Wireless plans starting at $25 allow high-speed data access as defined on the Shop Plans page of our website. After your high-speed data access allowance is used (if applicable), your data download speeds will be reduced to a maximum 64Kbps for the rest of your monthly service period.

 

Data Services – Permitted Uses
Blue Wireless provides wireless data and messaging Services, including, but not limited to, features that may be used with data services and wireless content and applications (“Data Services”). Our Data Services are intended to be accessed with your Device for the following permitted activities: (a) web browsing; (b) email; (c) internet access; (d) uploading and downloading ordinary applications and content to and from the Internet; and (e) using applications and content without excessively contributing to network congestion. You agree that Blue Wireless may engage in any reasonable network management practice and that you will use Blue Wireless’ Data Services only for these permitted activities.

Data Services – Applications and Content
Our Data Services may allow you to access the Internet where you will have access to text, pictures, video, games, graphics, music, email, applications, sound, and other materials primarily from third party content providers unaffiliated with Blue Wireless (“Data Content”) and where you will have the ability to send, receive and share Data Content. You may also purchase Data Content with your Device from us or from third parties. Blue Wireless is not a publisher of third party Data Content and is not responsible for any opinions, advice, statements, or other information, services or goods provided by third parties. Third party Data Content may among other things be offensive, indecent, violent, pornographic, inappropriate, false and misleading, inaccurate, unreliable, and unsuitable for children and minors – you are solely responsible for any third party Data Content accessed through our Data Services. The accuracy, appropriateness, content, completeness, timeliness, usefulness, security, safety, merchantability, fitness for a particular purpose, transmission or correct sequencing of any application, information or downloaded data is not guaranteed or warranted by Blue Wireless or any content providers or other third party. Neither Blue Wireless nor its content providers, service providers or other third parties shall be liable to you for any loss or injury arising out of or caused, in whole or in part, by your use of any information, application or content, or any information, application, or other content acquired through our Data Services. Third party Data Content may harm your Device and its software, and we are not responsible for any third party Data Content that you download, install, or use with our Data Services.

Data Usage
We measure data usage by the kilobyte, megabyte or gigabyte, where 1024 kilobytes equals 1 megabyte, and 1024 megabytes equals 1gigabyte. To determine your data usage, we calculate in full-kilobyte increments, and actual usage is rounded up to the next full kilobyte increment at the end of each data session. Data usage occurs whenever your Device is connected to our network and is engaged in any data transmission. This includes among other things, sending and receiving email, texts, documents and content; accessing websites; and downloading and using applications and content. Some applications, content, programs and software that you download or that come pre-loaded on your Device automatically and regularly send and receive data transmissions without any action by you and without your knowledge. For example, applications that provide real-time information and location-based information connect to our network and continuously send and receive updated information. In addition, any advertisements or advertiser-related messages or data delivered to your Device, even if delivered to an application, as well as any messages or content initiating a response to an advertisement, will count toward your data usage. Network overhead, software update requests, email notifications, and resend requests caused by network errors can increase data usage. You will be charged for all data usage when your Device is connected to our network, whether you initiate the connection or it runs automatically in the background and whether successful or not.

 

Off-network Roaming
The primary use of your Device must be for domestic purposes within the Blue Wireless home network. Domestic means use in the 50 United States. Blue Wireless reserves the right, without notice, to deny, terminate, modify, disconnect or suspend service if extended network usage in a month exceeds: (1) voice: 800 min. or a majority of minutes; or (2) data: the majority of usage needs to be on your home network. If you are using an extended network extensively, or more than 1GB per month, your data speed will be reduced to 64kbps, and we reserve the right to terminate your data. The display on your device may not always be on and will not indicate whether you will be roaming.

Location-Based Services
Blue Wireless collects information about the approximate location of your Device in relation to our cell towers and the Global Positioning System. We use that information, as well as other usage and performance information also obtained from our network and your Device, to provide you with wireless voice and data services, including services which may be provided by third parties, and to maintain and improve our network and the quality of your wireless experience. We may also use location information to create aggregate data consistent with our Privacy Policy. It is your responsibility to notify users on your account that we may collect and use location information from Devices. Your Device is also capable of using optional content at your request or the request of a user on your account, offered by Blue Wireless or third parties that make use of your Device location information (“Location-Based Services”). The software, interfaces, documentation, data, and content provided for your Device may be updated, downloaded, or replaced by feature enhancements, software updates, system restore software or data generated or provided subsequently by Blue Wireless (hereinafter “Software”) is licensed, not sold, to you by Blue Wireless and/or its licensors/suppliers for use only on your Device. You are not permitted to use the Software in any manner not authorized by this license. You may not (and you agree not to enable others to) copy, decompile, reverse engineer, disassemble, reproduce, attempt to derive the source code of, decrypt, modify, defeat protective mechanisms, combine with other software, or create derivative works of the Software or any portion thereof. You may not rent, lease, lend, sell, redistribute, transfer or sublicense the Software or any portion thereof. You agree the Software contains proprietary content and information owned by Blue Wireless and/or its licensors/suppliers. Blue Wireless and its licensors/suppliers reserve the right to change, suspend, terminate, remove, impose limits on the use or access to, or disable access to, the Software at any time without notice and will have no liability for doing so. You acknowledge Cellular One’ Software licensors/suppliers are intended third party beneficiaries of this license, including the indemnification, limitation of liability, and disclaimer of warranty provisions found in this Agreement.

Changes to Agreement. We may change this Agreement, your Rate Plan, and any applicable tariff at any time. Any changes to this Agreement or your Rate Plan will be effective after we notify you of the changes. Changes to a tariff will become effective as provided in the tariff. YOU HAVE THE RIGHT TO REFUSE TO ACCEPT CHANGES. IF YOU DO NOT WANT TO ACCEPT THE CHANGES, YOU MUST TERMINATE SERVICE. You agree to changes to this Agreement and your Rate Plan if you use our Service after we notify you of the changes. You also agree to any changes if you keep the right to use our phone system by not terminating Service after we notify you of changes. In addition, you agree to any changes if you make a payment to us on or after the date we notify you of the changes.

Safe Use. Always use your telephone in a safe manner that does not create a risk to your safety or the safety of others around you. Do not text while driving. Be aware of and comply with the laws that apply to you when you are driving. Become familiar with your phone and its features. When possible, use a devise that allows you to talk on your phone without holding it when you are driving. These devices are often called hands-free devices.  If required by traffic conditions, park your vehicle in a safe area before making or answering a call, and stop calling in heavy traffic or bad weather conditions. Do not take notes, look up phone numbers or engage in stressful or emotional phone conversations while driving.  Always obey any local, state or federal law while driving and using your telephone.

Prohibited Uses. The Service may not be used for telemarketing, commercial research or commercial data collection. The Service may not be used for any fraudulent, illegal or abusive purpose, or in a manner that interferes or causes problems with the operation of Buffalo Lake Erie Wireless’ wireless system. The Service may not be used continuously without break to create the functional equivalent of a telephone line dedicated to your use. You may not resell the Service .You may not use the Service in any manner or for any purpose that contradicts the terms of this Agreement.

Charges. You are responsible to pay all charges for Service, including the following: ( 1) recurring monthly access charges; (2) optional Service features selected by you and for which separate charges apply; (3) any Service reconnection charges that may apply; and (4) all applicable taxes and regulatory charges.

Account Activity and Credit Verification. We may take any action that we believe is necessary to verify your account activity or credit and we may take that action at any time. Our activities may include: ( 1) verification of your billing and account information, (2) review of your use of Services and of your account to help assess the Services we provide and the performance of our systems, (3) investigation of suspected prohibited use, and (4) ordering, receiving and reviewing credit reports about you from any credit agency. Just ask, and we’ll tell you the name and address of any agency that gives us a credit report about you.

You authorize us to share credit information about you with credit reporting agencies, and to share information we gather about you as may be required by law. We reserve the right to use information we gather about you and information provided by you for purposes of determining compliance

Billing and Payment.  Service charges are generally billed in advance and are due before the first day of your monthly service period. Your monthly service period can be found on your bill.

Monthly service periods are approximately 30 days long. The dates of your monthly service period and other dates related to your account may change from time to time.  IF YOUR SERVICE TERMINATES, NO SERVICE CHARGE PAYMENTS WILL BE REFUNDED TO YOU.

You may authorize payment of your Blue Wireless bill by credit or debit card {“credit card”).  If you authorize continuing payment by credit card, then you authorize us to charge all amounts you owe us to the credit card account and to demand immediate payment from the card issuer. We will not have to give any additional notice to you or obtain additional consent from you before billing that credit card for Service each month. You agree that you’ll pay the amounts we charge to your credit card under the terms of your agreement with the credit card issuer. You may also pay your Blue Wireless bill by mailing a check or money order to us. In addition, you may pay your Blue Wireless bill in person with cash, check or money order at any Blue Wireless authorized payment center.  You may have to pay an additional service charge if you make your payments in person. We reserve the right to require that you pay your Blue Wireless bill with cash, certified check, cashier’s check or money order.

If we have to take action beyond billing you in order to collect payment, you will be required to pay our reasonable costs and expenses of collection. Such costs and expenses may include attorneys’ fees and expenses, the fees of any collection agency and court costs.  You must promptly notify us of any change in your billing address or the credit card you want to use for payment. Your payment will be considered late if we do not receive it before the first day of the monthly service period for which the payment is due. If Blue Wireless bills and collects amounts for any third party service provider, we will allocate payments we receive from you first to amounts due to Blue Wireless. We will then allocate any remaining payment to amounts due to such third party service providers.

You have the right to dispute charges on your bill, but you must notify us of the dispute within 90 days after the billing date or you waive the dispute. Even if you have a dispute with us, you have to pay all charges on time until the dispute is resolved.

We may charge you an additional fee up to the maximum amount permitted by law for any check or other negotiable instrument endorsed by you and returned unpaid by a financial institution for any reason.

Termination. If you do not pay your bill when it is due, we may terminate your Service. Blue Wireless is not required to provide you with any notification before terminating your Service. If we accept a late or partial payment, even if you mark the payment “paid in full”, we do not waive our rights to terminate your Service pursuant to this section. We may suspend or terminate your Service, without any liability to us, if you breach any portion of this Agreement or any applicable tariff. If you promptly pay amounts that are overdue or cure any other breach of this Agreement, Blue Wireless may reconnect your service after you have paid any reconnection fee we have established, but we are not obligated to reconnect your Service. You may terminate Service at any time by notifying a Blue Wireless customer service representative.

IF THIS AGREEMENT TERMINATES BECAUSE YOU DID NOT MEET YOUR OBLIGATIONS UNDER THIS AGREEMENT, OR IF IT TERMINATES FOR ANY OTHER REASON, YOU WILL NOT BE ENTITLED TO RECEIVE ANY REFUND OF YOUR MONTHLY SERVICE PAYMENTS.

Numbers. We will assign a phone number (the “Number”) to your wireless phone.

We can change or reassign the Number by giving you notice. If your account is deactivated, we can reassign the Number without giving you any notice. We can change, reassign or eliminate any PIN.  You may not assign the Number to any wireless phone or other equipment except as approved by us. You may not assign the Number or PIN to any other party.  Please note that your Number may be displayed on the phone of a person you call if that person uses caller identification. Your telephone number and location may also be transmitted to public safety officials if you dial 911 or other emergency service numbers.

Wireless Phones and Other Equipment. The wireless phone and related equipment you use with Blue Wireless Service can be used in the service area defined by Blue Wireless. Blue Wireless does not manufacture wireless phones or related equipment. Your rights with respect to a wireless phone and other equipment you purchase, including your warranty rights and your rights to return defective products, are governed by the warranty and other documents issued by the equipment manufacturer.

DISCLAIMER OF WARRANTY. Your wireless phone and related equipment (like the battery charger and car adapter) come with a separate written warranty from the manufacturer. Blue Wireless makes no representations or warranties, express or implied, about your wireless phone or any related equipment, including any implied warranty of merchantability or fitness for a particular purpose. Our disclaimer does not deprive you of any rights you may have against the manufacturer. Buffalo Lake Erie Wireless will not be liable to you in connection with (I) the manufacturer’s warranty, (2) any actions or omissions, of the manufacturer, or (3) any malfunction or failure of the wireless phone or related equipment.

TTY. TTY (also known as TOO or Text Telephone) is a telecommunications device that allows people who are deaf, hard of hearing or who have speech or language disabilities to communicate by telephone. It is not possible today to use a digital wireless phone, like the one you use with our Service, to call 911 with a TTY. If you have questions concerning the capabilities of your wireless phone, please contact us toll free at 716-605-9500

Lost or Stolen Wireless Phones.  Phone Replacement Plan. If your wireless phone is lost or stolen, you must immediately notify us by calling 716-605-9500.  You are responsible for all charges for Service provided to your Number until you notify us of a loss or theft. We will promptly suspend Service to your Number if you notify us it has been lost or stolen. You are still responsible for monthly service charges on your account for the monthly service period during which you inform us that your phone is lost or stolen. We may require you to provide evidence of the loss or theft, such as a police report or a sworn affidavit, and to sign other documentation regarding the loss or theft that we deem necessary. If the wireless phone is later found, we may require that you exchange it for another one before we reactivate your Service.

Limitations of Liability; Mutual Waivers and Indemnities. You and we are waiving important rights in this section to the fullest extent allowed by law. 

YOU AGREE THAT OUR MAXIMUM LIABILITY TO YOU IS LIMITED TO A REFUND OR CREDIT OF CHARGES YOU OWED TO US FOR SERVICES FOR THE MONTHLY SERVICE PERIOD IN WHICH THE LIABILITY AROSE. WE AGREE YOUR MAXIMUM LIABILITY TO US IS LIMITED TO CHARGES YOU OWE US, ANY ACTUAL DAMAGES YOU INTENTIONALLY CAUSE TO OUR BUSINESS OR PROPERTY, AND ANY DAMAGES COLLECTED FROM US BY A THIRD PARTY ARISING OUT OF THE USE OF YOUR WIRELESS PHONE OR THE SERVICE.

YOU AND WE AGREE TO WAIVE ALL RIGHTS TO RECOVER: (1) PUNITIVE DAMAGES; AND (2) DOUBLE, TREBLE, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU AND WE AGREE NOT TO MAKE, AND TO WAIVE TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIM FOR DAMAGES OTHER THAN CLAIMS FOR ACTUAL DAMAGES SUFFERED (SOMETIMES CALLED DIRECT, COMPENSATORY DAMAGES) AS DESCRIBED IN THIS SECTION.  

YOU AND WE ALSO AGREE NOT TO MAKE, AND TO WAIVE TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIM FOR EQUITABLE RELIEF (INCLUDING A REQUEST FOR AN INJUNCTION), OTHER THAN TO PROTECT ANY PATENTS, COPYRIGHTS, TRADEMARKS, OR TRADE SECRETS, OR TO PREVENT ABUSIVE, FRAUDULENT, OR ILLEGAL USE OF A WIRELESS PHONE, A TELEPHONE NUMBER OR OUR SYSTEM.

YOU AGREE TO INDEMNIFY US, OUR EMPLOYEES AND AGENTS FOR ANY CLAIMS BY THIRD PARTIES AGAINST US ARISING OUT OF USE OF YOUR WIRELESS PHONE OR THE SERVICE FOR WHICH YOU ARE RESPONSIBLE. EXCEPT FOR CREDITS FOR INTERRUPTED OR FAILED SERVICE WHICH ARE DESCRIBED IN THE FOLLOWING PARAGRAPH, WE AREN’T LIABLE TO YOU (1) FOR INTERRUPTION OR FAILURE OF SERVICE, INCLUDING ANY FAILURE

TO COMPLETE CALLS, OR FOR DROPPED OR INTERRUPTED CALLS, (2) FOR PROBLEMS CAUSED BY OR CONTRIBUTED TO BY YOU, BY ANY THIRD PARTY, BY OTHER THINGS WE DON’T CONTROL, OR BY AN ACT OF GOD OR NATURAL DISASTER BLUE WIRELESS MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Blue Wireless’s maximum liability to you for any interruption or failure of Service is limited solely to Blue Wireless providing you with a credit for any continuous Service interruption that lasts for more than 24 hours. The credit will equal 1/30 of your monthly service charge for the interrupted Service for each continuous 24-hour period that Service remains interrupted after the Service interruption begins. In calculating any credit owed to you, we will treat the interruption as starting when it is reported or detected by Blue Wireless, whichever occurs first.  The total credits owed to you for interruptions during any monthly service period may never be greater than your monthly service charge for that period Blue Wireless will have no liability to you, and will not have to issue you a credit if: (I) your negligence or intentional misconduct caused the Service interruption; (2) the Service interruption resulted from a failure of equipment or service not provided by Blue Wireless; or (3) Blue wireless acted upon a written or verbal request to suspend or terminate your Service.

Notices. Any notice that Blue Wireless mails to you will be treated as having been given to you when Blue Wireless deposits the notice into the United States mail addressed to you at your last known address as shown in our billing records. It is important that you notify us of any address changes. If you do not notify us of a change in your address we may terminate your Service. We reserve the right to provide notice to you by telephone, short message service or voicemail service. Any such notice will be treated as haven been given to you when left with you, on your phone, or on your answering/voicemail service. Your notice to us shall be deemed given when received by us.

General Provisions Regarding This Agreement. If we waive any portion of this Agreement, the waiver will not be treated as a waiver by us of any other provision of this Agreement, or of our right to enforce the provision we previously waived for any later violation. Section headings in this Agreement are for descriptive purposes only and will not be used in interpreting the legal effect of this Agreement. You may not transfer or assign all or any part of your rights and obligations under this Agreement, or your Service, without our prior written approval. Blue Wireless may transfer assign its rights and obligations under this Agreement in whole or in part without giving you notice or obtaining consent from you. Upon its transfer or assignment of this Agreement, Blue Wireless shall be released from all liability with respect to this Agreement.  This Agreement is not for the benefit of any third parties except our subsidiaries and any person or entity to whom we transfer or assign this Agreement.

Choice of Law and Severability. This Agreement shall be interpreted under ( 1 ) the laws of the State of Maryland other than its laws about choosing what state laws applies in interpreting a contract, (2) any applicable federal laws, and (3) Any applicable tariffs. If any provision in this Agreement is declared to be illegal or in conflict with any law, rule, regulation or tariff, that provision may be deleted or modified without affecting the validity of the other provisions of this Agreement.

Dispute Resolution. If a dispute arises in connection with this Agreement and we cannot resolve the dispute within 120 days after you notify us of the dispute or we notify you of the dispute, whichever comes first, then the dispute shall be settled by final and binding arbitration administered by the American Arbitration Association under its Wireless Industry Arbitration Rules that are in effect at the time of the arbitration. No arbitrator participating in any such arbitration may vary this Agreement in any way. Either party to the dispute may enter judgment on an award rendered by the arbitrator or arbitrators in any court that has appropriate jurisdiction.  All statutes of limitations that would otherwise be applicable in a judicial action brought by you or Buffalo Lake Erie Wireless shall apply to such arbitration and shall be given effect by the arbitrator or arbitrators. In any arbitration between you and Buffalo Lake Erie Wireless, the arbitrator or arbitrators shall have no power to award punitive damages to either party.