Terms of Service & Privacy

Dartphone wireless services are provided by Head Start Telecom, Inc. Dartphone is a provider of both Non-Lifeline and Lifeline products. The Lifeline program is funded by the federally supported and administered Universal Service Fund. The following Terms of Service apply to all Dartphone services and products and is a legally binding agreement between you and dartphone. Terms of Service become effective on the date of activation and contain important information about your consumer rights. Dartphone reserves the right to modify the Terms of Service at any time and at its sole discretion. Changes made to the Terms of Service will become effective at the time the change is posted at www.DartPhone.com. Please check this website often for updates to the Terms of Service.

If you do not accept any of these Terms of Service, do not activate or use services provided by dartphone and contact dartphone at 1-888-360-2030. By accepting these Terms of Services, you represent that you are at least 18 years of age, you meet the eligibility requirements for dartphone 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 from dartphone. Any attempted assignment or delegation without the proper consent from dartphone shall be void.

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Lifeline

  • Eligible low-income customers may apply for reduced cost wireless phone service, known as Lifeline. Lifeline is a government assistance program. Only one Lifeline service is available per household. Households are not permitted to receive multiple Lifeline benefits consisting of either wireless or wireline. Proof of eligibility is required for enrollment and only eligible customers may enroll in Lifeline service. Consumers who willingly make false statements to obtain the benefit can be punished by fine or imprisonment or can be barred from the program. Lifeline is a non-transferable benefit. Lifeline customers may not transfer their benefits to any other person. Enhanced Lifeline is available only on Tribal Lands
  • Basic Lifeline is available only on non-Tribal Lands
  • These programs provide low-income households with discounts on monthly phone bills at their principal place of residence
  • Lifeline may only be used for the primary telephone in a household.

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Eligibility

Eligibility for the dartphone lifeline service program varies by state. Subscribers may qualify for dartphone lifeline services if they participate in one of the government programs listed below or qualify based on household income eligibility standards as defined below. By completing the dartphone application, a subscriber authorizes dartphone to release required information, including financial information if necessary, to a designated agent as required for the administration of your dartphone lifeline service. This consent survives the termination of this agreement. Dartphone reserves the right to review any subscriber's continued eligibility for the lifeline program, at any time, and may require subscribers to provide dartphone with written documentation of either subscriber's household income or subscriber's participation in a qualifying state or federal program. Dartphone reserves the right to determine, at its sole discretion,

  • Service may be terminated or moved to non-Lifeline status if the self-certification document is not received.
  • Eligibility is reviewed periodically. Benefits will be discontinued when household no longer meets requirements or when proof of eligibility is not received.
  • Customers who are no longer eligible for Lifeline benefits must notify their service provider.
  • Customers cannot be a dependent for federal income tax purposes, unless the applicant is more than 60 years of age.
  • Only one Lifeline discount may be used per household. A household is defined as a family unit residing at a singular address.

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Program Based Eligibility

Programs vary by state. Individuals are eligible for the Lifeline program if they participate in one of the following programs:

  • Food Stamps/Supplemental Nutrition Assistance Program (SNAP)
  • Medicaid (SoonerCare in Oklahoma)
  • Supplemental Security Income (SSI)
  • Federal Public Housing Assistance/Section 8
  • Veteran's Pension or Survivor's Pension *Effective December 2, 2016

Also, the following programs may be used to qualify on Tribal Lands:

  • Bureau of Indian Affairs General Assistance
  • Tribally Administered TANF
  • Food Distribution Program on Indian Reservations (FDPIR)
  • Head Start (meeting income qualification standards)

Effective December 2, 2016 the following programs can no longer be used to qualify for Lifeline:

  • National School Lunch (free program only)
  • Temporary Assistance for Needy Families (TANF)
  • Low Income Home Energy Assistance Program (LIHEAP)
  • Oklahoma Sales Tax Relief
  • Vocational Rehabilitation(including Aid to the Hearing Impaired)

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Income-Based Eligibility

Individual are eligible for the Lifeline program by demonstrating that their household's annual income is at or below 135% of the Federal Poverty Guidelines. This table is used to determine whether an applicant is eligible for Lifeline service based on the number of individuals in the applicant's household and the applicant's household annual income:

HOUSEHOLD SIZE INCOME LEVEL
1 $16,281
2 $21,924
3 $27,567
4 $33,210
5 $38,853
6 $44,496
7 $50,139
8 $55,782
For each additional person Add $5,643

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Proof of Eligibility

Customers are required to provide proof of eligibility by submitting a document which verifies participation in one of the qualifying programs.

A customer shall not receive a handset until proof of eligibility has been established. Acceptable documentation of program eligibility includes: (1) the current or prior year's statement of benefits from a qualifying state, federal or Tribal program; (2) a notice letter of participation in a qualifying state, federal or Tribal program; (3) program participation documents (e.g., the consumer's Supplemental Nutrition Assistance Program (SNAP) electronic benefit transfer card or Medicaid participation card (or copy thereof)); or (4) another official document evidencing the consumer's participation in a qualifying state, federal or Tribal program.

Acceptable documentation of income eligibility includes the prior year's state, federal, or Tribal tax return; current income statement from an employer or paycheck stub; a Social Security statement of benefits; a Veterans Administration statement of benefits; a retirement/pension statement of benefits; an Unemployment/Workmen's Compensation statement of benefits; federal or Tribal notice letter of participation in General Assistance; or a divorce decree, child support award, or other official document containing income information for at least three months time.

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Tribal Lands Defined

  • Tribal Lands are defined as any federally recognized Indian Tribe's Reservation (The Osage Nation) or former reservation in Oklahoma or an Indian Allotment.
  • Customer must certify and sign under penalty of perjury on application that they are a resident of Tribal Lands to quality for Enhanced Lifeline.
  • Areas of Oklahoma not eligible for Enhanced Lifeline are the following counties: Cimarron, Texas, Beaver, Greer, Harmon, Jackson & the area of Beckham County south of the North Fork of the Red River.
  • The FCC has adopted a new Tribal Lands map, effective June 8, 2016. Please visit https://www.dartphone.com/oklahoma-tribal-land-map for details.

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Additional Dartphone Lifeline Program Restrictions

  • When applying for service in the Dartphone Lifeline program, the applicant agrees to and affirms, under penalty and perjury, that all of the following conditions below apply (additional restrictions may apply):
  • The Lifeline program is limited to one connection per household;
  • Subscriber doesn't participate in any other lifeline program;
  • Subscriber agrees to only receive Lifeline benefits for one wireline or wireless phone, and only from Dartphone;
  • Subscriber will immediately notify Dartphone of any address change. Subscriber meets the head of household requirement; Subscriber is at least 18 years of age;
  • Subscriber is not claimed as a dependant on another person's tax returns;
  • Subscriber will immediately notify Dartphone if they are no longer eligible to receive Lifeline discounts;
  • Subscriber authorizes any state or federal assistance programs representatives to verify eligibility for Lifeline program;
  • Subscriber authorizes Dartphone to have access to records relating to the applicant to verify eligibility for the Dartphone Lifeline program; Subscribers applying for Dartphone Lifeline program 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; and
  • Subscriber applying for service may be required to provide a Social Security Number in order to certify or verify eligibility for Lifeline service. (Social Security information is strictly confidential and will not be disclosed to others without a subscriber's written consent)

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Benefit Port Freeze

Starting December 2, 2016, Lifeline customers will be required to remain with their service provider for a minimum period before they can transfer their benefit to another provider. This is called a benefit port freeze and allows Lifeline carriers to invest in high-quality, low-cost service offerings for Lifeline consumers. For voice services, customers must remain with their service provider for sixty (60) days before transferring their benefit to another company. Broadband customers must remain for twelve (12) months. See lifelinesupport.org for more information.

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Supported Services

47 C.F.R. 54.101

Eligible voice telephony services must provide voice grade access to the public switched network or its functional equivalent; minutes of use for local service provided at no additional charge to end users; access to the emergency services provided by local government or other public safety organizations, such as 911 and enhanced 911, to the extent the local government in an eligible carrier’s service area has implemented 911 or enhanced 911 systems; and toll limitation services to qualifying low-income consumers.

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Toll Limitation Services (TLS)

  • Toll Limitation Service (TLS) support allows eligible consumers to choose toll block or toll control at no cost.
  • TLS is a service that eligible telecommunications carriers must offer to eligible low-income subscribers at no charge. Qualifying low-income consumers choose whether or not they want TLS. This service includes toll blocking, which allows subscribers to block outgoing toll calls, and toll control, which allow subscribers, in advance, to limit their toll usage per month or billing cycle.

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Annual Recertification, Verification, or Termination of Lifeline Programs

Participants in the Dartphone Lifeline program are 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. Dartphone reserves the right to determine, at its sole discretion, if a subscriber meets the annual recertification or verification requirements or if the subscriber fails to re-qualify for Lifeline service. If Dartphone is unable to recertify or verify the required Lifeline qualifications the subscriber will be deemed ineligible to further participate in Dartphone Lifeline programs. Should a customer no longer desire to receive Dartphone Lifeline benefits, or no longer qualifies and wishes to terminate service; please send a written request (with all relevant account information) to:

Dartphone Attn: Disconnect Department P.O. Box 939 Stillwater, OK 74076

Or by fax to: 405-533-5290

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Fraud

Dartphone 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.

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Dartphone Wireless Services

Dartphone wireless service is provided at the company's discretion. Dartphone (Head Start Telecom, Inc) may change pricing or the company's Terms of Service, from time to time, without notice. Unless expressly prohibited by law, dartphone 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 of Service. Check the dartphone website for the most pricing and changes to the Terms of Service. A subscriber's right to use dartphone service is subject to the dartphone business practices, policies, procedures, rates and these Terms of Service. Dartphone may chang eth Terms of Service at any time. Dartphone will notify subscribers of any change to the Terms 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 of Service, subscriber agrees to accept any such changes.

Dartphone provides mobile telecommunications services using the geographic areas covered by the Nationwide Sprint, T-Mobile & Verizon Networks. Local phone numbers may not be available in all areas. Subscribers cannot use Dartphone service with any other wireless phone, device, or on another network. Subscribers may also not use a Dartphone handset with any other service or network. Airtime may be used for domestic calling from the United States and for other services as provided in these Terms of Service. Dartphone service is for personal use only and may not be used in a manner that interferes with another Dartphone customer's use of service. Dartphone has determined that the ability to provide good service to subscribers may be impaired when customers place an abnormally high numbers of calls, sends or receives unusually high numbers of messages, or repeatedly place calls of unusually long duration, relative to typical usage by other Dartphone customers on similar service plans. Such non-typical usage suggests that a wireless phone is being used other than for personal use and is in violation of these Terms of Service. Dartphone services are provided solely for live dialogue between two individuals. Dartphone 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 Dartphone subscriber account may be terminated, without notice, if a subscriber's usage is determined to be used in violation of the Terms of Service for non-personal use, pager service, voicemail retrieval service, or other uses deemed inappropriate.

Dartphone services use radio transmissions and are therefore affected by limitations. Coverage is not available everywhere. Quality of service may be affected by conditions beyond Dartphone control, including atmospheric, geographical, or topographical conditions. Service may also be affected by damage to wireless handsets. Dartphone 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 wireless phone for emergency calls, such as to 911. Dartphone 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 wireless coverage. If there is no wireless coverage, a subscriber's call to 911 may not go through and the subscriber should dial 911 from the nearest landline phone.

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

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Unlimited Plans

Unlimited Plan services are provided solely for live dialogue between two individuals for personal, non-commercial use. “Unlimited” does not mean unreasonable use. Reasonable use has been determined to be 1500 minutes or 3000 text for residential customers on the unlimited calling plans. Unreasonable uses have the potential to disrupt reliable service to other customers and/or have a disproportionate impact on network resources, so are therefore considered abuse of the service and will not be allowed. Unreasonable uses include, but are not limited to the following: placing an abnormally high number of calls, sending or receiving usually high numbers of messages or repeatedly place calls of unusually long duration, relative to typical usage by other dartphone customers on similar service plans. Such non-typical usage suggests that a wireless phone is being used other than for personal use and is in violation of these Terms of Service.

Dartphone has safeguards to ensure that its customers do not use the service in an unreasonable manner – that is usage inconsistent with person, non commercial use. When such non-typical usage occurs on a customer’s account we will take action to ensure that the service is not being used fraudulently. For the customer’s protection, the service will be temporarily restricted if the number and frequency of incoming and outgoing calls, texts and data sessions is above the average usage relative to other dartphone customers. Any calls made from the device will be re-directed to customer service to protect the customer’s service from unauthorized activity.

If we determine that abuse of the service has occurred or if a customer engages in any prohibited voice or data use detailed below we reserve the right, without notice or limitation, to place a customer on a limited minute plan, add monthly usage caps, suspend service, limit data speeds, or, at our discretion, terminate service.

Examples of Prohibited Voice Uses: Prohibited use includes, but is not limited to, the following: machine-to-machine, monitoring services, transmission of broadcasts or recorded material, telemarketing, call center services, autodialed calls, conference calling, data transmissions, pager services, voicemail retrieval services, or other commercial uses or connections that are not initiated by two individuals for live dialogue.

Examples of Prohibited Data Uses: Data and messaging features are provided solely for web browsing, email, messaging, non-continuous streaming of data and similar data activities. Certain uses cause extreme network capacity issues and are therefore prohibited.

Prohibited data uses are those used to 1) generate excessive amounts of Internet traffic through the continuous, unattended streaming, downloading, or uploading of vides or other files; 2) to operate hosting services; 3) to maintain continuous active network connections to the Internet such as through a web camera, broadcasts, or automated machine connection or peer-to-peer (p2P) file sharing; 4) to disrupt email use by others using automated or manual routines, including, but not limited to “auto responders” or cancel bots or other similar routines; 5) to transmit or facilitate any unsolicited or unauthorized advertising, promotional materials, “spam” unsolicited commercial or bulk email or messaging; 6) for activities adversely affecting the ability of other people to use either dartphone’s wireless services or other parties’ Internet based resources, including but not limited to, “denial of service” (DoS) attacks against another network host or individual user; 7) for an activity that tethers or connects any device to personal computers or other equipment for the purpose of transmitting wireless data over the network (unless plan was designated for such usage); 8) as a dedicated data connection; 9) for abnormally long data transmission; or 10) for another reason that, in our sole discretion, adversely affects the ability of other people to use either our wireless services or for any reason that harms our network.

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ETC Service Area

Dartphone's wireless Lifeline programs are only available for activation by customer's who reside in the areas in which Head Start Telecom d/b/a Dartphone, has been designated as a Eligible Telecommunications Carrier (“ETC”). To receive subsidized wireless service, a subscriber's principal residence address must be within a Dartphone ETC service area.

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Service Rates

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. Voice usage is deducted in full-minute increments and all partial minutes are rounded up to the next minute. Airtime applies to all voice calls, message retrieval and sent/received text messages. Any unused airtime that expires is not refunded. Furthermore, any unused airtime is forfeited upon expiration or early termination from the dartphone Lifeline program and may not be transferred to another non-Lifeline plan. Roaming is typically blocked, but if applicable, will be billed at a rate of $0.60 per minute and will be deducted from the available minutes. Roaming charges occur when calls are made/received outside of the Dartphone service area. Dartphone does not provide any guarantees as to the availability or quality of service while roaming.

International Rates: International calling plans available starting at $10.00.

Plans available in Oklahoma include: Plans subject to change. Please visit www.dartphone.com for a complete list of all available plans in your area.

Oklahoma Lifeline Non-Tribal 500 Minute Plan
Each month you will receive 500 voice minutes for $5.00 per month plus fees and taxes. There is no text or data with this plan. There are no roll over minutes with this plan. Unused minutes will expire each month on the service expiration date. This plan is available only to eligible subscribers who reside on Non-Tribal Lands.

Oklahoma Lifeline 1000 Minutes, Unlimited Text & 500 MB Data:
Each month you will receive 1000 voice minutes, unlimited text messages and 500 MB data. The plan is free for subscribers who reside on Tribal Lands and $25 per month plus fees and taxes for subscribers who reside on Non Tribal Lands. 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. This plan is available to eligible subscribers who reside on Tribal or Non-Tribal Lands.

Oklahoma Lifeline Unlimited Plan & 500 MB Data:
Each month you will receive unlimited voice minutes and text messages and 500 MB data. The plan is $1 per month plus fees and taxes for subscribers who reside on Tribal Lands and $26 per month plus fees and taxes for subscribers who reside on Non-Tribal Lands. If the monthly invoice payment is not received by the Due Date this plan may be downgraded to a lesser plan. 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. This plan is available to eligible subscribers who reside on Tribal or Non-Tribal Lands.

Oklahoma Lifeline Unlimited Plan & 1 GB Data:
Each month you will receive unlimited voice minutes and text messages and 1 GB data. The plan is $5 per month plus fees and taxes for subscribers who reside on Tribal Lands and $30 per month plus fees and taxes for subscribers who reside on Non-Tribal Lands. If the monthly invoice payment is not received by the Due Date this plan may be downgraded to a lesser plan. 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. This plan is available to eligible subscribers who reside on Tribal or Non-Tribal Lands.

Oklahoma Lifeline Unlimited Plan & 2 GB Data:
Each month you will receive unlimited voice minutes and text messages and 2 GB data. The plan is $15 per month plus fees and taxes for subscribers who reside on Tribal Lands and $40 per month plus fees and taxes for subscribers who reside on Non-Tribal Lands. If the monthly invoice payment is not received by the Due Date this plan may be downgraded to a lesser plan. 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. This plan is available to eligible subscribers who reside on Tribal or Non-Tribal Lands.

Oklahoma Non-Lifeline 1000 Minutes, Unlimited Text & 500 MB Data:
Each month you will receive 1000 voice minutes, unlimited text messages and 500 MB data for $34.25 per month plus fees and taxes. 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.

Oklahoma Non-Lifeline Unlimited Plan & 500 MB Data:
Each month you will receive unlimited voice minutes and text messages and 500 MB data for $35.25 per month plus fees and taxes. 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.

Oklahoma Non-Lifeline Unlimited Plan & 1 GB Data:
Each month you will receive unlimited voice minutes and text messages and 1 GB data for $39.25 per month plus fees and taxes. 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.

Oklahoma Non-Lifeline Unlimited Plan & 2 GB Data:
Each month you will receive unlimited voice minutes and text messages and 2 GB data for $49.25 per month plus fees and taxes. 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.

As plans become available outside of the state of Oklahoma they will be added to the website and Terms of Service. Activation fees may vary by state. Dartphone charges state and local sales taxes. Taxes and fees are subject to change and may vary from time to time, and are subject to change without notice.

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Additional Plan Charges, Fees and Restrictions

 

Text messaging rates, outside of plan, are rated at a value of $0.10 per text. Any unused messages that expire from one monthly billing cycle will not rollover to the next monthly billing cycle. “In plan” text minutes will deduct from your available plan minutes.

Directory assistance calls may be charged at a rate of $1.50 per call plus applicable airtime charges. This amount will be deducted from available minutes you have remaining on your wireless plan. Calling to 900 / 976 numbers are not available to Dartphone subscribers. Placing calls to 800 / 866 / 877 or other toll-free numbers will incur standard airtime charges. Dartphone allows subscribers to make or receive domestic long distance calls inside the domestic USA as long as coverage is available. Dartphone does not allow free calls to other subscribers using Dartphone service. Dartphone subscriber handsets do not provide rate information for services used to make or receive voice calls or messages.

Dartphone 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, dartphone will assess subscribers a standard reactivation fee up to $25, which is non-refundable.

Additional Minutes Plans: Dartphone offers additional minutes or “top-ups” plans. Please visit www.DartPhone.com for the current rates of adding additional minute plans. Additional minute plans expire at the end of your monthly cycle and may not be used in subsequent months. Additional minute plans must be prepaid with a credit or debit card and can be purchased by calling “611 on your wireless phone, and following the IVR prompts for adding minutes. Top-ups can be purchased 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. Purchased additional minute plans cannot be transferred or applied to another wireless service or account. Dartphone plans include Caller ID, Call Waiting, Three-Way Calling, and Voicemail. Caller ID may display both your billing name and your wireless number when placing outbound calls. Dartphone does not have the ability to block your name and number when making outbound calls.

Taxes and Surcharges Dartphone charges state and local sales tax. Pricing listed on the dartphone website or in advertising for wireless service do not include certain taxes or surcharges. Subscribers are responsible for all charges applicable to the use of dartphone service regardless if the subscriber was the actual user of service. The amount of these taxes and surcharges is subject to change and may vary from time to time and by geographic area. Dartphone collects sales tax on all Additional Minute Plans and may also collect regulatory fees in certain states. Third party authorized retailers are responsible for collecting sales taxes and required regularly 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 the Federal Universal Service Fund (“FUSF”) will apply. Taxes and fees are subject to change without notice.

Dartphone Text Messaging Rates A dartphone subscriber can send and receive text messages of up to 160 characters. The text message includes the address and subject line. The type of messages a device can receive may depend on the wireless handset capabilities. Standard messages rates apply when sending or receiving text messages, regardless if the message is viewed. Any unused messages will expire at the end of your monthly subscription period and will not carry over to the next monthly billing cycle. Text messaging services are not provided on all plans and the charge to send or receive a text message will vary by plan. If you have used all of your free monthly allotment of texts, you will need to purchase additional airtime minutes in order to continue to send and receive text messages. If you do not want minutes deducted from your dartphone wireless phone for text messaging, do not send or receive text messages. Subscriber messaging plans do not include international text or picture messaging. Premium SMS is a text message sent to a designated “short code”. You are solely responsible for any charged incurred for Premium SMS services. Any text messages sent to a “short code” using dartphone wireless service will likely not be successfully sent or received. Any charges you may incur as a result of any attempts to participate in Premium SMS campaigns or services are not refundable, regardless whether you incur charges as deductions from your dartphone minutes. Dartphone may send you messages via SMS, which are free of charge and will not be deducted from your available minutes. Dartphone does not guarantee that you will receive company sent text messages.

Unsolicited Text Messages/Spam: Dartphone cannot control the delivery of unwanted text messages or spam. Customers should request to unsubscribe or be removed from the spamming source. Dartphone customers are forbidden from sending spam from a Dartphone provided device. Violation of this policy may result in termination of service.

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Dartphone Subscriber Account History:

Limited subscriber account history is available online. You may request a printed copy of your account history detailing the last 60 days of service by sending a written request to Dartphone, P.O. Box 939, Stillwater, OK 74076, Attention: Account History. If you deactivate your services or change your wireless phone number, you may obtain your account history by contacting Dartphone at 1-888-360-2030. Please visit www.DartPhone.com to access your account.

Dartphone 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: Dartphone P.O. Box 939 Stillwater, OK 74076

Or fax to: 405-533-5290

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Disputed Charges

If you have a dispute with any charge to your Dartphone account, you must notify us within 60 days after the charge appears on your account. You may either contact Dartphone at 1-888-360-2030 or send notice in writing to the address listed below. A Dartphone Customer Service Representative will investigate your claim. If Dartphone 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. Dartphone 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 Dartphone at 1-888-360-2030. Dartphone service, unless otherwise provided by law, excludes all incidental or consequential damages. Some states do not allow this exclusion.

If we have attempted to charge your credit card for a charge that we deem is authorized and valid under these Terms of Service and the credit card company withholds such payment because the charge has been disputed (a “charge back”), we reserve the right to suspend your service for up to 30 days until the chargeback is reversed. If the chargeback is not resolved and reversed, your account will be deactivated at the end of the 30-day period.

Dispute by mail: Dartphone Attn: Dispute Resolution P.O. Box 939 Stillwater, OK 74076

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Refunds, Returns, or Lost Equipment Policy

Refunds:
Dartphone does not accept returns or provide refunds of any Dartphone Additional Minutes Offering Plans. All purchases of Dartphone Additional Minutes Offering Plans are final and non-refundable regardless of who uses or possesses the subscriber's wireless phone after airtime is purchased, and regardless of whether the wireless phone is used with the subscriber's consent or knowledge. Monthly charges are non-refundable.

Returns: Wireless handsets purchased directly from Dartphone may be returned for a full refund within 30 days of purchase. A subscriber must return the complete handset as was received at the time of activation. Please contact Dartphone at 1-888-360-2030 for instructions. Dartphone provides new and recycled handsets to subscribers. All handset models provided to Lifeline subscribers are selected at the sole discretion of Dartphone. Handset models may vary. Dartphone reserves the right to replace handsets with various models at its sole discretion. All wireless handsets purchased directly from Dartphone include a 30-day warranty from Dartphone. If you experience a handset malfunction call Dartphone at 1-888-360-2030.

Lost or Stolen Equipment: If a Dartphone Subscriber loses or has their handset stolen, the subscriber is responsible for all charges incurred until Dartphone is notified of the lost or stolen wireless phone. To report a lost or stolen wireless phone, please contact Dartphone at 1-888-360-2030. Upon receiving notice of the lost or stolen handset, Dartphone will suspend the account immediately. If a subscriber does not either activate a new Dartphone phone or notify us that they have found their wireless phone within 30 days of the suspension of the account, the account will be deactivated and the subscriber will lose the Dartphone phone number. Replacement phones start at $25.

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MDN (mobile phone number) & Associated Change Fees

Dartphone subscribers must accept the number that is assigned to them at the time of activation. The wireless phone number Dartphone provides for subscribers to use is and will remain the property of Dartphone. Dartphone may release a subscriber's wireless phone number to another subscriber, without giving notice, if the subscriber cancels service with Dartphone, or if the account expires and is deactivated. Subscribers may transfer a wireless number prior to the wireless number being reissued to another subscriber. Dartphone reserves the right to change a wireless number at any time. Dartphone will attempt to notify the subscriber prior to any change. A subscriber can request to change a wireless phone number for a number change fee of up to $20.

In some situations, a subscriber may transfer an existing carrier telephone number to your Dartphone service for use as a Dartphone phone number. To switch an existing phone number to Dartphone, please contact Dartphone at 1-888-360-2030. Before calling, please have a bill available from the existing carrier. When a subscriber transfers from another wireless carrier to Dartphone, they may have to pay a termination fee to the former carrier to early terminate the contract. Dartphone will not reimburse a subscriber for any termination fees imposed by other carriers.

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Use of Customer Information

By agreeing to Terms of Service herein, you also agree to the terms of Dartphone Privacy Policy available online at www.DartPhone.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 Dartphone collects from subscribers will be handled in accordance with the Federal Communications Commission regulations, federal consumer privacy laws and the Dartphone Privacy Policy. Dartphone will not intentionally share subscriber's personal information without the subscriber's permission. Dartphone may, from time to time, use the information subscribers provide to market services to subscribers that may be related to Dartphone 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 Dartphone and its affiliates about new products, promotions, or other important services offered by Dartphone. Subscribers who choose not to receive these notices may elect to unsubscribe to the information by calling Dartphone at 1-888-360-2030. Dartphone 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.

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Dispute Resolution

You agree to contact Dartphone with any disputes calling Dartphone at 1-888-360-2030 or by writing to P.O. Box 939, Stillwater, OK 74076-2054, Attn. Dispute Resolution. You must provide a description of the dispute, all relevant information, any supporting documentation, and the proposed dispute resolution. A Dartphone representative will contact you at the last address you have provided or by phone. Dartphone 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 Dartphone may commence a Binding Arbitration proceeding (see below).

Certain disputes you may have with Dartphone may be resolved through Binding Arbitration. By making or receiving calls on a Dartphone handset 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 Dartphone. 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 Dartphone. 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 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 Dartphone services. To the extent permitted by law, if a dispute claim proceeds in court, Dartphone and you waive any right that we may have to trial by jury in any lawsuit or other proceeding.

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Limitation of Liability

Head Start Telecom, Inc d/b/a dartphone is 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. Dartphone 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. Dartphone is 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 Dartphone. Unless prohibited by law, you (subscriber) agree to limit claims for damages or other monetary relief against each other to direct and actual damages. Dartphone assumes no risk or responsibility for a subscriber's use of any content provided by Dartphone services. Dartphone is not liable for any act or omission of any third party company providing part of Dartphone services (this includes equipment provided by a third party), any errors or omissions of any vendors or agents participating in offers made by Dartphone, any damages that result from third parties, or any unauthorized or disputed charges. There is no fiduciary duty that exists between you (subscriber) and Dartphone, or its affiliates. You (subscriber), also agree that Dartphone 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 Dartphone.

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Indemnification

To the full extent by law, you agree to hold harmless and indemnify Dartphone, 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 Dartphone 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 Dartphone.

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.

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Warranties

Dartphone does 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 Dartphone Terms of Service, contained herein, supersede all oral or written communications and understandings between you and Dartphone, with respect to products and services provided to you and the terms under which they are offered to you by Dartphone. The surviving sections of this Terms of Service shall continue to be valid and enforceable in the event that any part of these Terms of Service is declared invalid, not applicable, or becomes unenforceable. There are no provisions of these Terms of Service that provide any person or any entity that is not a party to these Terms 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.

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

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Notices

You may send notices to dartphone by mail to the address below. Notices will be considered effective upon receipt by dartphone. Any notice sent to a subscriber will be sent to your last known residence we have on file, or via text message to your dartphone phone.

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Notices may be sent to:

Dartphone P.O. Box 939 Stillwater, OK 74076

Or by fax to: 405-533-5290.

Handset Hearing Aid Compatibility (HAC)

The wireless telephone industry has developed ratings to assist hearing device users in finding wireless devices that may be comparable with your hearing devices. Not all wireless devices have been rated. Wireless devices that are rated will have the rating displayed on their box together with other relevant approval markings. These ratings are not guarantees. Results will vary depending on your hearing device and hearing loss. If your hearing device is vulnerable to interference you may not be able to use a rated wireless device successfully. Please call customer service for device specific rating information.M-Ratings: Wireless devices rated M3 or M54 meet FCC requirements and are likely to generate less interference to hearing devices than wireless devices that are not labeled. M4 is the better/higher of the two ratings.

T-Ratings: Wireless devices rated t3 or t4 meet FCC requirements and are likely to be more usable with a hearing device's telecoil (“T Switch” or “Telephone Switch”) than unrated wireless devices. T4 is the better/higher of the two ratings. (Note that not all hearing devices have telecoils in them).

When wireless devices are used near hearing devices (such as hearing aids or cochlear implants), users may detect a buzzing, humming, or whining noise. Some hearing devices are more immune than others to this interference, and wireless devices also vary in the amount of interference they generate.

Hearing devices may also be measured for immunity to this type of interference. The more immune your hearing aid is, the less likely you are to experience interference noise from wireless devices. You hearing device manufacturer or hearing health professional may help you find results for your hearing device.

Dartphone offers handsets with different levels of functionality described as follows:

  • Functionality Level A indicates a phone that is at least SMS, Camera, Bluetooth, USB, and Data Capable.
  • Functionality Level B indicates a phone that is at least SMS, Camera, and Data Capable.
  • Functionality Level C indicates a phone that is at least SMS and Data Capable

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Additional Information

Please contact Dartphone at 1-888-360-2030, or visit our website at www.DartPhone.com, for additional pricing information or answers to any questions about Dartphone services. Calls to Dartphone may be monitored and recorded for quality assurance.