Terms of Service for Sentinel™

Version 1.0

These Terms of Service, issued January 24, 2012 and effective January 24, 2012, describe the rules governing use of the Sentinel™ Platform services of Kajeet, Inc.  The Terms of Service are broken down into the following categories:

• General
• Exclusive Use of Devices With Sentinel
• Use of End Users' Information
• Rules of Conduct
• Safety and Security
• Service Description Details
• Everything Else

General

These Terms of Service (the “Terms”) explain the terms of service under which any person may use the devices, software applications and services provided by Kajeet Inc. (‘Kajeet”) to you and the organization you represent (the “Service”). By agreeing to these Terms, you affirm that you are authorized and empowered to agree to these Terms on behalf of your organization, and also on behalf of any teachers, students, administrators, staff or other employees, agents, contractors and volunteers associated with your organization, including minors (e.g., students), that use the Service (collectively, “End Users”).   When we say “you” in these Terms we are referring collectively to you, the organization you represent in agreeing to these Terms, and all End Users.     

Exclusive Use of Devices with Sentinel

Your devices are exclusively for use with the Service. You may not tamper with or alter any of the hardware or applications in your devices, export them from the United States, purchase them for resale to any third party or assist or facilitate anyone else in engaging in such activity. Violation of the specific terms in this section violates the rights of Kajeet and may violate state and/or federal laws.

Use of End Users' Information

Kajeet will protect your organization’s information and that of End Users in accordance with our Privacy Policy. Please review our Privacy Policy prior to accepting and agreeing to these Terms.  A copy of the Kajeet Privacy Policy can be found at http://www.kajeet.com/education/privacy-policy.html.  This Privacy Policy details why Kajeet collects certain personal data and how it uses and protects such data. By accepting these Terms you represent and warrant that you are authorized to do so for your organization, and for End Users, and that you consent to the collection, use and disclosure of the personal data as described in the Privacy Policy for you, your organization and End Users.

Rules of Conduct

You and your End Users agree not to use the Service in any way that is illegal, fraudulent, harassing or abusive as determined by Kajeet in its sole discretion. You, your organization and your End Users agree not to use the Service:

• to harm, bully or harass other individuals;
• to take pictures, video or audio with the intention of embarrassing someone;
• to intentionally send unsolicited messages, including text, picture and instant messages (also called “spamming”) from your device(s);
• to use the Service for resale or commercial purposes;
• to upload, post or use any content on your devices without the legal rights to use, distribute and publish such content;
• to do anything to interfere with or disrupt our provision of the Service or harm or impede the ability of others to use the Service;
• to re-program or reverse-engineer or alter any of the hardware, applications or other software on your device or within the Service; and
• to upload, download, post, distribute or otherwise transmit any content that is unlawful, libelous, defamatory, slanderous, obscene, pornographic, harassing, threatening, abusive or harmful or that infringes upon others’ privacy, right of publicity, copyright or other intellectual property or other rights.

We reserve the right to remove or delete any content that you, your organization or End Users upload, download, post, distribute or otherwise transmit on the Service that violates these Terms or is otherwise deemed objectionable by Kajeet in its sole discretion.

Safety and Security

To protect the personal records and private information of you, your organization and End Users, Kajeet requires a password for any access, changes, or service to Service accounts. This is a mandatory requirement of the Federal Communications Commission (FCC) and applies to both online access and communication with our Customer Care team.

The Service controls allow schools, teachers, students, and families to work together to manage appropriate access to all the services and features the Service has to offer. We recommend that you establish additional policies for those who use the Service that include:

• Guildelines for appropriate use of internet access
• Create a secure passcode for access to your device.
• Never respond to or send an instant message, text message or picture message to someone you do not know.
• Ensure that any minor using the Service knows not to send their picture to anyone or to post it anywhere without their parent or guardian’s explicit permission.
• Do not use the Service while driving or riding a bike or other moving device or vehicle.

Kajeet works hard to protect its customers from improper disclosures of confidential and personal information and to provide its users with a secure network environment as part of the Service.  However, despite our best efforts, we cannot absolutely guarantee that all communications and personal information will remain secure.

This section describes the Sentinel services provided as part of the Service, and how charges are applied. Based on which features or services you select, you may be charged in a variety of ways. The business terms of payments for the Service are specified in your contractual agreement with Kajeet.

Here is a description of each Sentinel service:

1.1.2. Sentinel Controls

Sentinel offers a number of services that help you control the features and usage of your devices. These services may include but are not limited to:

Data Limits: These controls allow you to set thresholds that help limit how much data can be used on a given device during a given period of time. Data limits can help you prevent abuse in data consumption and teach responsibility to End Users.  While our goal is to help you enforce these data limits accurately, there may be instances during which the amount of data consumed by a device will be greater than the designated limit. In such cases, you will still be accountable for all of the data services consumed and the cost of such over-limit data consumption.

Call and Text Controls: If voice or text services are enabled on your devices, these controls will help you control when and how they are used by End Users. Each control that you configure will give you custom settings for time-controlled voice and text blocks and which specific mobile device numbers can bypass these time blocks.

Web Content Filtering: Controls via the Sentinel Web Filtering Portal enable you to decide which types of websites and web-based applications each of your End User devices can and cannot reach and use. These web content filtering controls may apply only for mobile broadband data consumption, and they may also apply for data access through Wi-Fi networks.  Your End Users’ configuration will be specified in your individual agreement with Sentinel. There may be times when a website that you would like blocked is currently not categorized for filtering – In such cases, please contact educare@kajeet.com so that we may address your specific needs. 

1.1.3. Sentinel Data Service

Kajeet may provide mobile broadband Internet access to your devices. Data usage is measured in various units of bytes (e.g. ‘megabytes’), which are consumed when an End User uses their device to upload or download content from the Internet via the Service. If your device is connected to a Wi-Fi network, or any other network not associated with the Service, then usage and charges will be subject to the terms associated with that other network.

1.1.4. Sentinel Voice and Text Services

Your agreement with Kajeet may include the option to enable voice or text services on your End User devices.

Voice services include incoming and outgoing calls, both local and long distance, within the United States.  Voice usage is measured in minutes from the time you press “send” to the time you end the call (when you are making a call) or from shortly before the time your device rings to the time the call ends (when you are receiving a call). You will not be charged for outgoing voice calls that ring and are not answered. You will not be charged for busy signals. Partial minutes are rounded up to the next minute. You will be charged for calls that are “answered” by a voicemail system.

Sentinel text messaging allows you to send and receive text messages to and from devices on other United States carriers. You will be charged for each text message sent to each person or e-mail account, regardless of the carrier they are associated with, and for each text message received on your Sentinel device. You also will be charged for messages sent to your device when it is turned off or when you are outside of the Sentinel network coverage area, even if you do not receive these messages, because the messages will have crossed our network.

If you send text messages that are not supported by the Service or text messages to addresses that are not accurate or functional, the message may cross our network and you will be charged for such messages, even if such text messages do not get to their intended destination.

You will not be charged for the following text messages:

• Text messages that are not completed due to calendar or access limits that you set within the Parental Controls.

• Text messages sent to you from Sentinel for account management purposes.

1.1.5. Sentinel Location Based Services

Your agreement with Kajeet may provide a location-based service called GPS Locator (“the GPS service”).

• Permission to Locate a Device: You must only attempt locates for devices used by an End User who is either under your legal supervision or who has given you consent.

• Notifications to Device User: You must clearly and regularly inform the End User that he or she may be located. Sentinel may occasionally notify End Users using the GPS service that they can be located (such notifications will not be charged).

• Safety and Security: You may have to re-enter your Sentinel password to perform a locate with the GPS service.

• Emergencies: Please use – and advise End Users to use - the appropriate local emergency services (e.g., 911) in all emergency situations.

• Lawful Use: You must use the GPS service, as well as any information you or End Users attain from this service, only for legal purposes.

• Location Service: The GPS service will provide information regarding the general location of your Sentinel device upon your request. You may not be able to perform locates less than 5 minutes apart from each other.  Kajeet reserves the right to suspend this service if you or an End User uses the GPS service for extreme levels of personal use or commercial purposes, as determined by Kajeet in its sole discretion.

• Service Limitations: Network coverage is required in order for the Sentinel GPS service to function correctly. It will not allow you to perform a successful locate when the device is outside the Sentinel network or if the device is not turned on.

GPS location can be accurate when the device has the appropriate connection with GPS satellites. However, certain environmental factors (such as buildings, weather or topography) can result in the effectiveness of your device's location information being compromised.  As a result, the location information from the GPS service may not always be at the same level of accuracy; in some cases, it may not work at all.

• Consent to Collection of Data: By using the GPS service, you authorize Kajeet to collect, store, and display geographic location and other End User personal information necessary to enable delivery of the GPS service.

1.1.6. Content Licensing Agreement

Your agreement with Kajeet may provide content-based services. These services include, but are not limited to the application, software, network-based application services and all related code, data structures, images, sounds, text, screens, game plan and all derivative works and other elements associated with the Service. Each discrete product or service (e.g., piece of content, software, individual application or Web site service) is considered a “Content Item.”

These Terms apply to all Content Items contained on End User devices, including those from third-party application providers. If you do not agree to these Terms, do not use Content Items. To the extent that End Users download content, you and the End User agree to this content licensing agreement. The licensors to Kajeet of the Content Items are called “content providers” or “licensors.” The Content Items delivered through the Internet, preloaded on the device or by other methods, are provided to you under the following terms:

• Limited License. Kajeet grants to you and your End Users a U.S.-based non-exclusive, personal, non-assignable, nontransferable limited license to download, install and/or use the Content Items on one device per End User for non-commercial and personal use only. Software is in object code only.

• Restrictions. No license is granted to you or End Users by this content Licensing Agreement in the human readable code, known as the source code, of the Content Items, and no rights are granted to you or End Users by this Content Licensing Agreement in any patents, copyrights, trade secrets, trademarks or any other rights in respect of the Content Items. In addition, no license is granted to you or any End User by this Content Licensing Agreement to decompile, reverse engineer, disassemble or modify the Content Items. Further, no license is granted to you or any End User by this Content Licensing Agreement to (i) remove, efface or obscure any copyright or other proprietary notices from the Content Items or (ii) copy, reproduce, modify/create derivative works of, sublicense, distribute, display to any third party, perform, publish, disseminate, broadcast, circulate, rent, lease, grant a security interest, transfer, assign the Content Items or otherwise transfer rights to any third party. All rights not expressly granted to you and any End User are reserved by Kajeet and its content providers. The content providers are intended third-party beneficiaries of this Content Licensing Agreement and may enforce their rights directly. You and End Users will not use the Content Items for any unlawful purpose or for any other purpose otherwise prohibited by this agreement. Unauthorized use may subject the offender to civil or criminal liability under federal and state laws.

• Automatic Communications Features. The Sentinel Service may include interactive games, features or applications that communicate over networks, possibly including the Internet. Some of these communications features may be automatic or may be enabled by default. Such automatic communications features do not require any personally identifiable information about you or End Users. By installing and/or using games, applications or other software, you and End Users consent to the software’s communications features.

• Ownership. You and End Users agree that the content providers retain all right, title and interest in and to the Content Items and all copies of the Content Items. This includes all copyrights in the Content Items. You and End Users agree to erase any Content Items from End User devices upon receipt of notice. You and End Users may not use the Content Items in an attempt to circumvent or in conjunction with any device program or service designed to circumvent technological measures employed to control access to, or the rights in, a Content Item, content file or other work protected by the copyright laws of any jurisdiction.

• Digital Rights Management (DRM) The Service and Content Items may include third-party DRM mechanisms which may be subject to their own license agreements. DRM is a technique designed to manage and enforce intellectual property rights in digital content purchased over the Internet. You and End Users may not take any action to circumvent or defeat the security or content usage rules provided or enforced by either the DRM or the Content Items. DRM mechanisms may be able to revoke your and End Users’ ability to use applicable content. Kajeet and its licensors may not be responsible for the operation of the DRM in any way, including revocation of your and End Users’ content. You and End Users consent to the communications enabled and/or performed by the DRM, including automatic updating of the DRM mechanism without further notice. You and End Users agree to indemnify and hold harmless Kajeet and its licensors for any claim relating to your use of a third-party DRM mechanism. Your and End Users’ sole remedy with respect to the Content Items will be (i) a replacement of Content Items, or (ii) a refund of the license fee you paid for the Content Items, provided you or the End User notify Kajeet Customer Care of any problems relating to the Content Items within four (4) days and provide evidence of the date you acquired the Content Items.

• Term and Termination. This Content Licensing Agreement will become effective with respect to each Content Item on the date you or the End User first download, install and/or use such Content Item, and it will remain in effect until terminated. You or the End User may terminate this Content Licensing Agreement with respect to any Content Item at any time by removing such Content Item from your or the End User’s device. This Content Licensing Agreement also will terminate immediately with respect to all Content Items, without notice, if you or the End User fail to comply with any term or condition of this Content Licensing Agreement. Upon such termination, you and the End User agree to immediately remove all Content Items from the device. Please note: If you or the End User upgrade to a new Sentinel device, the Content Items you or the End User have previously purchased may not be transferable to such new device — you or the End User may have an opportunity to repurchase the Content Items and agree (again) to this Content Licensing Agreement. However, if you or the End User replace your device with the same model, Kajeet will try to ensure that your or the End User’s Content Items will still be available to you or the End User, as the case may be.

1.1.7. Service Coverage and Service Quality

Kajeet wireless network services are provided on the Nationwide Sprint PCS Network. The Service is available using devices specified by Kajeet and purchased by you or an End User from Kajeet or an authorized Kajeet dealer. We strive to provide you and your End Users with great service quality, but we cannot guarantee that calls and messages on the Service will always get through, or that Sentinel services will be provided without any interruption or error.

1.1.8. Service Refunds

If you think that there has been an error in any charge or usage posted to an End User’s account, please notify Sentinel Customer Care at educare@kajeet.com within 30 days after the charge is posted to request an investigation of your claim. If Customer Care determines the charge was made in error, a credit will be posted to your account or that of the applicable End User, as appropriate.

1.1.9. Account & Service Status

If you fail to keep adequate unit balances or make timely payments specified on your agreement with Sentinel, your account (and those of your End Users) will be deactivated and you and your End Users will lose your mobile device numbers. Calls to 911 will still work on Kajeet devices with calling capabilities – provided that they are adequately charged, turned on and within range of the Service network - even if your account is deactivated (and even if you lose your mobile device number).

You and End Users do not have any rights to any number, e-mail address or other identifier we may assign to your devices or accounts; you and End Users may not modify, change or transfer any of these except as we allow or as allowed for by law. In certain instances you may transfer your number from another carrier to us, or from us to another carrier. We do not guarantee that transfers to or from us will be successful.

Sentinel reserves the right to discontinue delivering the Service to any End User it believes is abusing the Service, not complying with these terms, is performing illegal or inappropriate acts using the Service, and/or is abusing the Service through excessive personal and/or commercial use.

1.1.10. Lost or Stolen Equipment

 If your devices are lost or stolen, you will need to suspend the affected devices to prevent incurring further usage or charges. Contact us at educare@kajeet.com to have your devices suspended, or you can suspend them directly if your account has been granted the necessary permissions to do so.

In these cases you may purchase another device and activate it with the mobile device number of your lost device. We call this a device “swap.”

1.1.11. TTY Access and Hearing Aid Compatibility (HAC)

For information concerning TTY access for the hearing impaired and HAC features, please visit kajeet.com/faq. 

1.1.12. Warranty

Kajeet does not manufacture our devices or other equipment, nor does Kajeet warrant that these are fit for a particular use. Kajeet does pass on all device warranties provided to it by its manufacturers. Warranty terms are provided with each device you purchase. Content Items are provided “as is” with no warranty. Kajeet and its licensors/vendors disclaim any and all warranties (including those related to the Content Items), express or implied, including without limitation the implied warranties of noninfringement of third-party rights, merchantability and fitness for a particular purpose. Kajeet and its licensors/vendors do not warrant that the operation of the service will be uninterrupted or error-free. Some jurisdictions do not allow the exclusion of implied or limited warranties so the above exclusion may not apply or may be limited. Kajeet and its vendors/licensors are not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors or omissions arising out of your use of the Content Items and the Kajeet Service. The entire risk as to the quality, accuracy, adequacy, completeness and correctness of the Kajeet Service and the Content Items rests with you.

1.1.13. Limitation of Liability

KAJEET AND ITS VENDORS/LICENSORS WON’T BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING LOST PROFITS (REGARDLESS OF WHETHER WE HAVE BEEN NOTIFIED THAT SUCH LOSS MAY OCCUR) BY REASON OF ANY ACT OR OMISSION IN OUR PROVISION OF PRODUCTS OR SERVICES AND RELATED DOCUMENTATION. WE WON’T BE LIABLE FOR ANY ACT OR OMISSION OF ANY OTHER COMPANY FURNISHING A PART OF OUR SERVICE OR ANY EQUIPMENT PROVIDED FOR SUCH SERVICE INCLUDING FOR ERRORS OR OMISSIONS OF ANY LICENSORS/VENDORS PARTICIPATING IN OFFERS MADE THROUGH US OR FOR ANY DAMAGES THAT RESULT FROM ANY PRODUCT OR SERVICE PROVIDED BY OR MANUFACTURED BY THIRD PARTIES. NOTWITHSTANDING THE FOREGOING IN NO EVENT SHALL THE LIABILITY OF KAJEET OR ITS LICENSORS/VENDORS EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE APPLICABLE PRODUCT, CONTENT ITEM OR SERVICE.

1.1.14. Idemnification

You agree to indemnify and hold harmless Kajeet, its officers, directors and employees, and its vendors and licensors, from any and all liabilities, penalties, claims, causes of action and demands brought by third parties (including the costs, expenses and attorneys’ fees on account thereof resulting from your use of Kajeet Service and all Kajeet products and services) whether based in contract or tort (including strict liability) and regardless of the form of action.

1.1.15. Notices

You may notify us by mail at the address specified at kajeet.com/education/contact-us. Such notices will be considered effective once we receive them. If you are unable to resolve your concerns with Sentinel, you may file a complaint with the Federal Communications Commission, Washington, DC 20554. Any notice we send you will be sent to your last-known residence or electronic address as shown on our records, or via electronic messaging to your Sentinel device.

1.1.16. Export

You agree to comply with all trade regulations and export control laws both domestic and foreign. Sentinel devices, equipment, software and any underlying information accessed or transferred by you using Sentinel services may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. § 2401, et seq.) and the Export Administration Regulations (50 C.F.R. § 730-774), as well as the import regulations of other countries. Except as authorized by Sentinel and the U.S. export control laws, you agree not to export or re-export any Sentinel devices, equipment or software to any foreign country. Any information transferred by you using Sentinel services to any foreign country, entity or person must comply with the U.S. Export Administration Act and the Export Administration Regulations.

1.1.17. Trademarks

Kajeet® and the Kajeet logo are registered trademarks of Kajeet, Inc. Sentinel™ and the Sentinel logos are trademarks of Kajeet, Inc.

Sprint is a trademark of Sprint Nextel.

All other trademarks are the property of their respective owners.

1.1.18. Effect of Terms of Service

These Terms supersede all oral or written communications and understandings between you and Kajeet with respect to our products and services to you and End Users and the Terms under which they are offered and provided to you and End Users. If any part of these Terms is declared invalid or unenforceable, all other parts of these Terms are still valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of these Terms. Except relating to content providers/vendors as described in this agreement, no provision of these Terms provides any person or entity not a party to these Terms with any remedy, claim, liability, reimbursement or cause of action or creates any other third-party beneficiary rights. Any complaint, arbitration or other legal action concerning these Terms shall be interpreted under the laws of the State of Maryland, excluding the choice of law rules, and shall be subject to the jurisdiction of the courts of Maryland. Complaints, arbitration or other legal actions involving California customers will be interpreted under the laws of the State of California, and will be subject to the jurisdiction of the courts of the California County in which the customer primarily uses Kajeet services. The United Nations Convention on Contracts for the Sale of International Goods is disclaimed. No modification or alteration of this agreement will be valid except in a written statement signed by you and Kajeet. This is the entire agreement between you and Kajeet regarding its subject matter.

*Although Sprint provides Sentinel subscribers access to its wireless network and to its wireless services, Kajeet is responsible to the Sentinel subscribers for the Service.