These are the Terms and Conditions for Service between the Customer (“You or Your”) and Infinite Wireless, Inc. on behalf of its operating licensed affiliates doing business as Infinite Wireless, as defined below (“IW”, “we” or “us”). “Service” refers to the telecommunication services/programs, including voice and data services, you purchase from IW (the “Agreement”).

Eligibility

All accounts you have with us must be kept in good standing in order to be eligible for Service. If any account is not in good standing, all accounts are subject to suspension and/or termination.

Term/Termination/Early Termination Fee

This Agreement is effective on the day we activate your Service and continues for the Initial Term (“IT”) (as defined in your Agreement) and then on a month-to-month basis thereafter, unless otherwise contracted. The Agreement will continue as long as you have at least one line of Service active and until terminated by you or IW. You may terminate Service at any time by notifying IW. Termination shall be effective upon the date agreed upon with IW. If applicable, a request to port your number is a request by you to terminate Service. Once the port is complete, your Service will terminate. IW may terminate or suspend your Service at any time without notice if you fail to perform any obligations of this Agreement including the restrictions and obligations set forth in the paragraphs regarding “Use of Service” and “Payment and Due Date.” Additionally, IW may terminate this Agreement at any time without notice if we cease to provide Service in your Market. Termination of Service by you or IW may occur at any point during the month but you’ll remain responsible for all fees and charges through the end of your billing cycle for that month. If a line of Service or the Agreement is terminated for any reason during the IT other than pursuant to (i) the “Changes to Relationship” paragraph below, (ii) any applicable IW guaranty period or (iii) IW ceasing to provide Service in your Market, you may be assessed an Early Termination Fee (“ETF”). The duration of the IT and the initial value of the ETF are defined in the Agreement. Each applicable line of Service shall be subject to a separate ETF. The ETF shall be pro-rated over the IT of the Agreement. All ETF’s are subject to a 50% termination penalty.  Calculations are calculated- “months remaining” x “monthly recurring service amount” x “50%”. Upon termination for any reason, you are responsible for the payment of all charges. If your Service is reinstated, you may be charged a reactivation fee of $25 per line, and re-activation of services may require payment before activation.

Authorized Contact

You may appoint one or more persons to manage your account (“Authorized Contacts”). These Authorized Contacts will be able to access and make changes to your account, including but not limited to; view information about the account, add and/or terminate lines of Service, purchase equipment, extend and/or renew the IT, make payments on the account, etc. You are responsible for any account changes and/or purchases made by any Authorized Contact.

Use of Service

Service is furnished for your use only; you may not resell Service to third parties. You may not use the Service for any unlawful, improper, harassing, or abusive purpose or in such a way that interferes with IW’s partner networks, business operations, employees or customers. IW and it’s partners may, in their sole discretion, block access to certain categories of restricted numbers and websites. We may periodically, without notice, remotely change or update wireless devices software, applications or programming. This process may affect or erase any data you have stored on the device or any personalized settings.

Payment and Due Date

Customer is responsible for payment of all services and charges on their bill, via ACH or CC, including but not limited to prepaid monthly service and post-paid usage-related charges (such as monthly access, airtime, roaming, toll, long distance, directory assistance, application charges and additional data network usage); charges for other discretionary goods and services offered by IW or third parties for which we bill (such as ringtones, graphics, games, premium messaging services and other on-line content); regulatory cost recovery charges (such as Universal Service Fund, Enhanced 911 and Wireless Number Portability); surcharges; and taxes. Regulatory cost recovery fees, surcharges, and taxes are subject to change without notice. Payments are late if not received by IW by the due date shown on the monthly bill. We may charge a late fee of up to $5.00 per line if payment in full is not received by the due date. Any bills not paid in full within 5 days of the due date can be subject to suspension or termination of one or all services on the customer’s account.

You will be charged a collection fee if your account is referred to a third-party agency for collection. The collection fee will be assessed up to the maximum amount permitted by applicable law.

Coverage

You understand that Service may be interrupted or unavailable due to atmospheric or topographical conditions, governmental regulations or orders, or system capacity limitations. Representations of coverage by IW, its partners or its agents are not guarantees.

Lost or Stolen Phones, Wireless Network Devices

You are responsible for all authorized charges on your phone. If you claim unauthorized charges on account of a lost or stolen device, you must report your device as lost or stolen immediately so that we may investigate your claim. We will investigate any claims of unauthorized charges within 30 days. You agree to cooperate with our investigation and to submit any relevant documentation that you have such as a police report or a sworn statement. You will not be required to pay any disputed charges while we investigate. If we determine that the charges are unauthorized, we will credit your account on the next billing cycle.

Deposits

IW may require a deposit from you to guarantee payment of charges for Service and from time-to-time may increase the deposit based on your usage and payment history. Deposits will only be returned to you after a minimum of 12 consecutive months of satisfactory payment history. IW may apply deposits or payments to any charges you owe us on any account. Interest will not be paid on deposits unless required by law.

Billing Practice

Your monthly Service fee will be billed in advance and your usage charges not covered by your monthly Service fee will be billed in arrears. “Data network usage charges” are the charges for transferring data (i.e., downloading applications, accessing the Internet, etc.) rendered in units of kilobytes or megabytes. Each partial kilobyte of data transferred will be rounded up and billed as a full kilobyte. Text, Picture and Video Messaging are billed per address/recipient. For Cellular service, each partial minute of airtime will be rounded up and billed as a full minute. You may be charged for calls that are not completed but ring longer than 59 seconds. For completed calls, you will be billed from the time you push the “send” button until you terminate your call by pushing the “end” button on your phone. “Application charges” include the non-recurring and/or monthly subscription fees incurred when you purchase data applications from us or third parties for which we bill. You may add or remove a block on your account for third-party services such as premium messaging services at no additional charge by contacting Customer Service. YOU MAY SEEK A CREDIT OR REFUND FOR ERRORS IN BILLING FOR UP TO 180 DAYS (OR AS OTHERWISE PROVIDED BY CA LAW FOR CA CUSTOMERS) AFTER ISSUANCE TO YOU OF THE BILL ON WHICH THE ERROR IS CONTAINED BY CONTACTING USCELLULAR AS PROVIDED ON YOUR BILL. YOU WILL HAVE WAIVED YOUR RIGHT TO DISPUTE THE BILL AND TO BRING, OR PARTICIPATE IN, ANY LEGAL ACTION RAISING SUCH DISPUTE IF YOU FAIL TO DISPUTE THE CHARGE ON YOUR BILL WITHIN 180 DAYS (OR AS OTHERWISE PROVIDED BY CA LAW FOR CA CUSTOMERS) AFTER THE ISSUANCE OF THE BILL. WE MAY ALSO BACK BILL YOU FOR ANY ERROR THAT RESULTS IN AN UNDERBILLING TO YOU WITHIN 180 DAYS OF THE ISSUANCE OF THE BILL THAT SHOULD HAVE REFLECTED THE UNDERBILLED CHARGE.

Billing Out of Area Calls (Cellular Phone Services only).

Billing for some calls made/received by you outside of the home IW partner’s network switch (ie. USCellular) to which your account is assigned at the time your service is established (“Home Market”) may occur after the close of your regular billing cycle. Typically, this occurs when you make/receive calls during your billing cycle outside your Home Market such as when you are roaming on another carrier’s network or are making/receiving calls on a different network other than your Home Market. When this occurs, the minutes used, and associated charges, will be applied against your monthly calling plan in the month that the usage appears on your bill rather than the month the calls occurred.

Changes to Relationship

We may amend the Agreement at any time by providing advance notice to you. If we make material changes to the Agreement that negatively impact your use of the Service, you may cancel your Agreement without incurring an ETF by notifying us within 30 days after the notice. If you use the Service after the 30-day period, you agree to be bound by the changes.

Privacy/Acceptable Use/Copyright

IW strives to protect the privacy and intellectual property rights of our customers. We may collect, process and share personal information about you or your account consistent with our privacy policy, available at infinite-wireless.com, without further specific notice to you. You authorize and consent to allow IW and/or its third party collection agencies to contact you regarding your account status. Such contact may be made by live persons or pre-recorded messages to any mailing address, telephone number, wireless telephone number, e-mail address or any other electronic address that you provide. You agree that such contact may be made by an automatic telephone dialing system, automatic e-mailing system or any other automatic electronic messaging system.

Credit Information

You authorize credit reporting agencies to periodically furnish IW with your credit report. You authorize IW to periodically disclose your account information and payment history to credit / consumer reporting agencies.

Limits of Liability

IW’S LIABILITY REGARDING YOUR USE OF THE SERVICES OR EQUIPMENT, OR THE FAILURE OF OR INABILITY TO USE THE SERVICES OR EQUIPMENT, IS LIMITED TO THE CHARGES YOU INCUR FOR SERVICES OR EQUIPMENT DURING THE AFFECTED PERIOD. THIS MEANS USCELLULAR IS NOT LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (SUCH AS LOST PROFITS OR LOST BUSINESS OPPORTUNITIES), PUNITIVE OR EXEMPLARY DAMAGES, OR ATTORNEYS’ FEES.

Disclaimer of Warranties

EXCEPT TO THE EXTENT THAT IW PROVIDES A WRITTEN LIMITED WARRANTY FOR SPECIFIC EQUIPMENT, IW MAKES NO WARRANTY REGARDING THE EQUIPMENT AND SOFTWARE AND DISCLAIMS ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE TO THE EXTENT PERMITTED BY STATE LAW. IW IS NOT RESPONSIBLE FOR CIRCUMSTANCES BEYOND ITS CONTROL, INCLUDING WITHOUT LIMITATION, ACTS OR OMISSIONS OF OTHERS, ATMOSPHERIC CONDITIONS, OR ACTS OF GOD. IW DOES NOT MANUFACTURE EQUIPMENT OR SOFTWARE, AND YOUR ONLY WARRANTIES AND REPRESENTATIONS WITH RESPECT TO EQUIPMENT OR SOFTWARE ARE THOSE PROVIDED BY THE MANUFACTURER UNLESS AND ONLY TO THE EXTENT THAT APPLICABLE STATE LAW IMPOSES WARRANTY OBLIGATIONS ON IW.

Assignment

IW may assign this Agreement without notice to you. You may assign this Agreement only with IW’s consent.

Entire Agreement

This Agreement is the entire agreement between you and IW. This Agreement supersedes any inconsistent or additional promises made to you by any employee, partner or agent of IW.

ARBITRATION

ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE RESOLVED BY BINDING ARBITRATION AT THE REQUEST OF EITHER PARTY PURSUANT TO THE WIRELESS INDUSTRY ARBITRATION RULES AS MODIFIED BY THIS AGREEMENT AND AS ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”). WE SHALL BE FULLY RESPONSIBLE FOR FILING, ADMINISTRATION AND ARBITRATOR FEES AND WE WILL ADVANCE, OR REIMBURSE YOU FOR, ANY REASONABLE FILING, ADMINISTRATION AND ARBITRATOR FEES FOR ANY ARBITRATION INITIATED IN ACCORDANCE WITH THIS PARAGRAPH. WE WILL REIMBURSE YOU FOR YOUR REASONABLE ATTORNEYS’ FEES AND COSTS IF THE ARBITRATOR AWARDS YOU AN AMOUNT EQUAL TO OR GREATER THAN THE AMOUNT YOU HAVE DEMANDED IN SUCH ARBITRATION. THE AMERICAN ARBITRATION ASSOCIATION SHALL ADMINISTER THE ARBITRATION AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. BOTH PARTIES ACKNOWLEDGE THAT THIS AGREEMENT IS A TRANSACTION INVOLVING INTERSTATE COMMERCE, AND IS THEREFORE GOVERNED BY THE FEDERAL ARBITRATION ACT. BY AGREEING TO ARBITRATION, BOTH PARTIES ARE WAIVING THEIR RIGHT TO LITIGATE IN COURT INCLUDING ANY RIGHT TO A JURY TRIAL. UNLESS YOU AND WE OTHERWISE MUTUALLY AGREE, ALL HEARINGS UNDER SUCH ARBITRATION SHALL TAKE PLACE IN THE COUNTY OF YOUR BILLING ADDRESS. AT YOUR OPTION, YOU MAY BRING AN ACTION AGAINST US IN SMALL CLAIMS COURT, NOTWITHSTANDING THIS AGREEMENT. THE PARTIES AGREE THAT ALL CLAIMS, WHETHER IN ARBITRATION OR IN SMALL CLAIMS COURT, SHALL BE TREATED INDIVIDUALLY AND THERE SHALL BE NO CONSOLIDATION OF CLAIMS, CLASS ACTIONS, REPRESENTATIVE ACTIONS OR PRIVATE ATTORNEY GENERAL ACTIONS. IW EXPRESSLY REJECTS AND DOES NOT CONSENT TO ANY CONSOLIDATION OF CLAIMS OR CLASS ACTION IN THE ARBITRATION. THIS ARBITRATION AGREEMENT SURVIVES THE TERMINATION OF THIS SERVICE AGREEMENT. FOR ADDITIONAL INFORMATION ON COMMENCING ARBITRATION AND HOW THE ARBITRATION PROCESS WORKS, YOU MAY CALL THE AMERICAN ARBITRATION ASSOCIATION AT 800-778-7879 OR VISIT THEIR WEBSITE AT WWW.ADR.ORG.

Directory Information

IW does not publish directories of our customers’ phone numbers nor do we provide our customers’ phone numbers to third parties for publication in directories.

No Waiver; Severability

IW’s failure to enforce any right or remedy available under this Agreement is not a waiver. If any provision of this Agreement is held invalid, illegal or unenforceable, under applicable law, then these provisions within the agreement will be construed invalid, illegal or unenforceable, and provision(s) would then be excluded from this agreement, the remainder of this Agreement shall remain in force.

Wireless Emergency Alerts

IW’s partners deliver wireless emergency alerts (“WEAs”), at no additional charge, to capable devices of its customers throughout its service area and through roaming arrangements in most circumstances. Participation in the WEA program by wireless providers is voluntary, but those that offer the service must adhere to the technical and operational requirements established by the FCC. The FCC has recently adopted certain enhanced WEA features that IW partners may be deploying in their networks. However, some devices may not be able to access some or all of these enhanced features. IW makes no representation concerning the suitability of any device to receive WEAs.

Errors

We reserve the right to correct any errors or omissions in the Agreement.