Bark Mobile Terms and Conditions: Please read the following terms and conditions guidelines regarding Bark Mobile services and offerings. The following represents an agreement between Bark Mobile, Inc., or Carolina West Wireless Hickory, L.L.C. and the consumer.
Limitations of Service: Services provided by Bark Mobile are typically available within the operating boundaries of the wireless network as designated in the coverage plan collateral provided prior to or at the time of initial signing. Additional coverage maps are also available at Bark Mobile’s official website (www.carolinawest.com). Due to radio frequency transmissions that cannot be controlled by Bark Mobile, coverage may vary and affect the quality of inbound and outbound calls. Other factors may include geographical terrain, building construction and locations, weather or other atmospheric conditions, network interfaces, transport facilities, and additional wireless equipment among others. Bark Mobile is not responsible for problems caused by these factors. As a result, some services may be interrupted or result in poor quality without notice including emergency calls.
Alterations to Terms and Conditions: Bark Mobile may change the terms, conditions, rates, fees, or other charges of its service at any time regardless of plan. Customers will be made aware of such changes in advance notice via a bill message, bill insert, separate postal letter, email, text message or revisions posted on www.mybarkmobile.com.
Use of Service: Use of Bark Mobile services are intended for lawful and customary purposes only. Any illegal use of services provided shall be considered in breach of contract and result in prompt termination of service by Bark Mobile. In addition, Bark Mobile, its employees, agents, dealers, retailers, consultants, affiliates, etc., cannot be held responsible for claims surrounding the use of its services. Bark Mobile reserves the right to manage its wireless network and the use of its services. As a result, Bark Mobile may deny a request for service from any customer or potential customer or discontinue a customer's service for any lawful reason. Bark Mobile in its sole discretion may block access to a number and/or certain categories of numbers, certain websites, or certain messages, including text, video, photo, and audio messages, to the extent permitted. Calls that may increase traffic on the Bark Mobile network may also be blocked by Bark Mobile in its sole discretion. Furthermore, in compliance with all federal, state and local laws regarding safe use of wireless services. The use of all Bark Mobile services must be exercised in a safe manner not placing either the user or other parties at unnecessary risk. You agree you have no right to the wireless number or any email address or other identifying item used by Bark Mobile in its normal course of business. In certain instances, you may “port” the number you use from one carrier to another carrier, as allowed by law. Terms of Service Each individual line of service shall have a minimum commitment period set forward on the service agreement. At the conclusion of the initial commitment period or any extension thereof the service agreement shall renew on a month-to-month basis in perpetuity.
Service Plans: Service plans and coverage areas are pre-determined by Bark Mobile Management and are subject to change. All costs associated with plan coverage and available services are nonnegotiable and should be decided upon at the initial point of purchase. All restrictions and conditions applicable to service plans and coverage areas are available in marketing materials published by Bark Mobile or online at (www.mybarkmobile.com) are incorporated herein by reference. Amendments to service plans may result in changes to the above listed conditions and to that of new rate plans, the availability of new services or other conditions Bark Mobile sets forward as part of a new service plan or requirement. In compliance with federal, state and local laws, Bark Mobile may make additional changes to service plans upon prior notice to the customer. Such changes may include, but are not limited to changes in: taxes, fees, levies, mandated program recovery fees, surcharges, tariffs, etc.
Termination of Service: Bark Mobile may terminate service as set forward above; for excessive use of non-Bark Mobile networks, as defined as more than 40% of your total allowable service plan services, e.g. minutes, data, messages, etc., over a 60 day period, or for non-payment for the services provided under this agreement. In the event a positive balance remains after the account has been settled, Bark Mobile shall return any excess funds to the customer. If a negative balance incurs, the remaining balance must be paid in full. Bark Mobile reserves the right to pursue any legal action necessary to collect or resolve any unpaid amount in conjunction with federal, state and local laws.
14 days to Cancel: Service may be cancelled within 14 days of activation without penalty provided all terms and requirements applicable to this period have been met. All services and charges incurred during said 14-day period must be paid in full and any equipment purchased in association with this service agreement must be returned. Equipment returned must be in “like new condition”, as determined by a Bark Mobile representative in their sole discretion. If the equipment returned is not in satisfactory condition, a manufacturer’s suggested retail price and restocking fee of $35 for each individual piece of equipment returned may be applied. Equipment returned must be in “like new condition”, as determined by a Bark Mobile representative in their sole discretion. Equipment Only Bark Mobile approved equipment is acceptable for use on the Bark Mobile networks. Bark Mobile is not liable for the performance of said equipment on its network or any claims arising from the use of the equipment by the user. Bark Mobile does not manufacture equipment and cannot be considered liable for any defects, failures, non-performance, or negligence by the manufacturer. Any equipment purchased is subject to the original manufacturer’s warranties when applicable. Permitted Users and ChargesProprietors or designated account holders as listed on each service agreement are responsible for all applicable charges and/or fees incurred. Such charges include but are not limited to services provided directly by Bark Mobile or by third party services/applications in regard to the attainment of ring-tones, graphics, games, wallpapers, or other premium content. In the event services offered by Bark Mobile are not available in a specific area; additional fees may be applicable based on the available service provider rendered to acquire voice, data or incremental charges.
Discrepancies: Billing charge discrepancies must be submitted in writing within 30 days of the replenishment date and must include specific reasons outlining the dispute in detail. All discrepancies submitted after or not in the proper format beyond the 30-day window will not be considered. Likewise account holders who do not dispute discrepancies within the 30 days following the replenishment date will waive any further right to remedy the dispute with Bark Mobile. In the event unauthorized use of service has occurred, Bark Mobile must be notified within 30 days from the date of billing reflecting such unauthorized use. Bark Mobile will investigate and determine whether any unauthorized use has occurred and determine any associated credit. If a credit is warranted, the amount will be applied to the subsequent replenishment period outlining the disputed charges. If the resolution determined by Bark Mobile is considered unsatisfactory, a written submission of the dispute may be escalated for further review under the Dispute Resolution process, as described hereafter, as an Unresolved Dispute.
Dispute Resolution: Adequate written documentation must be provided to Bark Mobile within the specified time frame referenced herein for any dispute arising from this agreement. Bark Mobile will then have at least 30 days to resolve the dispute before either party may file for arbitration. Either party may extend by an additional 30 days, the period to resolve the dispute, prior to an arbitration filing by providing written notification is made available to other party. Binding arbitration with Bark Mobile to resolve any unresolved disputes or issues must be adhered to as defined by the terms above. Arbitration shall take place using a neutral arbitrator on a site mutually agreeable to both parties. The findings of an arbitrator shall be considered final and binding. Arbitration shall be used to resolve any claims arising from the relationship between the account holder and Bark Mobile including but not limited to advertising of the services, sale and subscription of the services, support of the services by any employee, agent, affiliate of Bark Mobile, termination of agreements, use of services, delivery of the services, any actions of class. The Federal Arbitration Act shall govern the Arbitration. For any disputed amount less than $5000, the foregoing shall not apply. In such instances, either Party may pursue claims less than $5000 through the small claims or conciliation courts. The prevailing Party shall be entitled to recover any reasonable attorney fees, court costs, or other associated administrative fees in addition to any court award. Notification to seek arbitration must be made known to Bark Mobile by filing a notice of said intention to Notice to, Bark Mobile, Raymond Parker, Attorney at Law, 131 Colony Lane, Elkin NC 28621. The notice must describe the nature and basis of the claim or dispute; and specify the preferred resolution. If an agreement for the claim is not resolved within 30 days after the Notice is received, either party involved may commence an arbitration proceeding. During the arbitration no information shall be shared with the arbitrator regarding any offer to settle by either party. The arbitrator shall determine the amount, if any, owed by either party. The arbitration process shall be governed by the appropriate rules of the American Arbitration Association, which are available at www.adr.org, or 1-800-778-7879. The arbitrator shall decide all issues, including but not limited to venue, oral or written documentation, etc., around the dispute, but shall be generally bound by this agreement regarding the scope of such arbitration. The arbitrator shall determine responsible party for payment of any fees for such arbitration. Any duplicative fees may not be recovered. Bark Mobile may also file separate claims against the account holder in question. The arbitration must be between the stated parties involved only and not of any class for purposes of any legal proceeding. In addition the arbitrator cannot consolidate another party’s claim for the purpose of deciding any class proceeding.
Billing and Payment: Monthly Unlimited Service Plans are due and payable in advance of usage. If payment is not made on the due date, service will be terminated. Prepaid and Monthly Unlimited Service Plan customers may retain use of their number if they replenish their account no later than 30 days from service termination. Under no circumstance will payments on Prepaid or Monthly Unlimited Service Plans be refundable. Payments are accepted by check, credit card, debit card, automatic bank draft, or cash or by authorizing Bark Mobile to automatically withdraw funds from a specified checking or savings account via your credit or debit card. Please see www.carolinawest.com for more details or call Bark Mobile at 1-800-235-5007 for more information. Proration is applicable upon the initiation of service with Bark Mobile or change of service. In concordance with the terms of service with Bark Mobile the account holder agrees to pay for all charges including all taxes, levies, tariffs, regulatory fees, mandated programs, and other fees and surcharges.
Bad Check and Credit/Debt Card Returns: If a payment is returned for reason of insufficient funds or is rejected by a Credit Card or Debit Card Company, a return fee of $30 will be applied to the account in question per instance. In this event, Bark Mobile has the right to temporarily suspend the account and will also be subject a reconnect fee to reinstate service.
Lost or Stolen Device: Bark Mobile must be notified within 48 hours of a lost or stolen device. A device may be reported as stolen or lost by calling Bark Mobile at 800-235-5007. However, the account holder is responsible for all charges incurred prior to the time a report is filed classifying the device lost or stolen.
Liability Limitation: YOU AGREE TO LIMIT CLAIMS FOR DAMAGES OR ANY OTHER RELIEF AGAINST Bark Mobile (INCLUDING ITS VENDORS, SUPPLIERS, AFFILIATES, CONTRACTORS, CONSULTANTS, EMPLOYEES, AGENTS, ETC), UNLESS FORBIDDEN BY LAW IN ANY SPECIFIC CASE, TO (1) YOUR SPECIFIC DAMAGES OR (2) ONE MONTH'S SERVICE FEES, WHICH EVER IS LESS. THIS LIMITATION AND WAIVER WILL APPLY IN ALL INSTANCES REGARDLESS OF WHETHER FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, NEGLIGENCE, PRODUCTS LIABILITY, OR ANY AS CONSTRUED IN ANY OTHER FASHION. ADDITIONALLY, YOU AGREE THAT Bark Mobile IS NOT LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT OF OR RELATED TO PROVIDING OR FAILING TO PROVIDE SERVICES WHETHER CONNECT WITH A DEVICE OR EQUIPMENT OR NOT, INCLUDING, BUT NOT LIMITED TO, LOST REVENUES, LOST PROFITS, LOSS OF BUSINESS, OR REPLACEMENT COST OF PRODUCTS AND SERVICES. WARRANTY DISCLAIMERBark Mobile DOES NOT MANUFACTURE DEVICES OR EQUIPMENT OF ANY KIND. Bark Mobile DOES NOT OFFER A WARRANTY OF ANY KIND FOR THE EQUIPMENT OR DEVISES IT SELLS. THE EQUIPMENT AND DEVICES ARE SUBJECT TO SPECIFIC MANUFACTURER WARRANTY. ANY STATEMENT TO THE CONTRARY BY ANY PARTY WHETHER A Bark Mobile EMPLOYEE, AGENT, AFFILIATE, DEALER, RETAILER, OR ANY OTHER THIRD PARTY, DOES NOT CONSTITUTE A WARRANTY OF ANY KIND. Bark Mobile MAKES NO REPRESENTATIONS, EXPRESSED OR IMPLIED ABOUT ITS SERVICE APPLICATIONS, SERVICE, OR ANY DEVICE OR EQUIPMENT IT SELLS INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BARK MOBILE SHALL NOT BE LIABLE FOR ANY CLAIMS OF DAMAGE OR HARM WHETHER ACTUAL, IMPLIED, INCIDENTAL, SPECIAL, TREBLE, PUNITIVE, CONSEQUENTIAL, OR ANY OTHER LOSSES ARISING FROM THE USE OF ITS SERVICE, THE INTERRUPTION OF THAT SERVICE FOR ANY REASON, OR THE USE OF ANY COMBINATION OF DEVICES OR EQUIPMENT IT SELLS. THESE CLAIMS MAY INCLUDE, BUT ARE NO LIMITED TO ECONOMIC LOSS, PROPERTY LOSS OR DAMAGE, PERSONAL INJURY, DEATH, LOSS OF BUSINESS, LOSS OF REVENUES, LOSS OF PROFITS, ETC.Privacy & CPNI
Fair Use Policy
Bark Mobile (“Bark Mobile”) and affiliates call to attention important information pertaining to your wireless service found in this Fair Use Policy. Bark Mobile may revise this policy from time to time; all revised copies of this Fair Use Policy are effective immediately upon posting to www.mybarkmobile.com.
The speed of the Bark Mobile Wireless data network is measured in Kilobits (kb) per second. However, the amount of data transmitted over the Bark Mobile data network is measured in Kilobytes (KB), Megabytes (MB) or Gigabytes (GB).
At Bark Mobile, it is our goal to ensure equitable network access is available to all subscribers. Bark Mobile will temporarily reduce the speed at which you can send and receive data over the network once the 5GB threshold has been reached. In addition, other traffic management and prioritization tools to help ensure equitable access to the Bark Mobile network for all subscribers. Your service speed is not guaranteed and is subject to this Fair Use Policy.
Misuse: The following items are considered “misuse” and may result in decreased data speeds, suspension or termination of service:
- Using the Service or Device to engage in any activity that is considered unlawful or that negatively affects our company, customers, employees, and reputation of the service provided.
- Any act that interferes with our operations, network,, or ability to provide quality service.
- Generation or dissemination of viruses, malware or “denial of service” attacks.
- Tampering with or modifying your device. · "Spamming" or engaging in other abusive or unsolicited communications, or any other mass, automated voice or data communication for personal, commercial or marketing purposes.
- Using the Service as a dedicated data connection, or in connection with any server or host applications, including continuous Web camera broadcasts, automated data feeds, machine-to-machine connections or peer-to-peer (P2P) file-sharing applications that are broadcast to multiple servers or recipients.
- The use or deployment of “Bots” also known as web robots, WWW robots or simply bots, are software applications that run automated tasks over the Internet Running software or other devices that maintain continuously active Internet connections when a computer’s connection would otherwise be idle, or “keep alive” functions.
Bark Mobile reserves the right to deny, modify or terminate service, without notice, to anyone whose usage adversely impacts our network or service levels. We may monitor your compliance with the above but will not monitor the content of your communications except as otherwise expressly permitted or required by law.
Approximate Data Usage Examples
Basic information and examples showing the approximate data usage for several common Internet activities appear below.