Terms and ConditionsCricket® Terms and Conditions of Service1. (a) This is An Important Agreement Regarding the Services We Provide to You. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. These Terms and Conditions of Service constitute an important agreement ("Agreement") between you and the provider of your Cricket® service. The provider is Cricket Communications, Inc. (which conducts business under the name Cricket Wireless, Inc. in Pennsylvania), except that in the following markets the provider is Alaska Native Broadband 1 License, LLC (which does business as Cricket ANB): Austin, TX, Bryan/College Station, TX, Cincinnati, OH, Colorado Springs, CO, El Paso, TX, Las Cruces, NM, Lexington, KY, Louisville, KY and San Antonio, TX. Cricket ANB is licensed by Cricket Communications, Inc. to provide the Cricket service in those listed markets, but is a separate entity and is not controlled by Cricket Communications, Inc. In addition, upon Cricket Communications' transfer of its PCS wireless licenses in Salem and Eugene, Oregon to LCW Wireless, LLC, the provider in Portland, Salem and Eugene, Oregon will be LCW Wireless, LLC, doing business as Cricket LCW and licensed by Cricket Communications, Inc. to provide service in those markets. The applicable provider of your Cricket service in your market is referred to in this Agreement as "Cricket." This Agreement governs our relationship with you and with any other person that you allow to use, or that uses, your Cricket wireless device or any of our wireless service(s) ("Service" or "Services"). It explains our respective legal rights concerning prohibited uses, billing and payment, dispute resolution, starting and ending service, fees, limitations of liability and other important topics. This Agreement also includes by this reference any terms and conditions applicable to the Service(s) that you select as described in any of our product brochure(s) or literature. In addition, certain filings, called tariffs, and other laws, may also govern our provision of Services to you. If this Agreement conflicts with any applicable law or tariff, the law or tariff shall control. This Agreement replaces and supersedes all previous versions of the Terms and Conditions of Service. Because these Terms and Conditions of Service may change from time to time, please visit us at our official website (www.mycricket.com ) or visit one of our retail stores for the most current version. (b) IMPORTANT: WHEN YOU START SERVICE OR USE THE SERVICE BY, FOR EXAMPLE, PLACING A CALL, SENDING A MESSAGE, OR TRANSMITTING DATA ON THE CRICKET WIRELESS SYSTEM OR ANOTHER SYSTEM THAT'S AGREED TO CARRY OUR SERVICES, YOU INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT. IN ADDITION, EACH TIME YOU PAY FOR SERVICE FROM US, YOU CONFIRM YOUR ACCEPTANCE OF THIS AGREEMENT. IF YOU DISAGREE WITH ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT, YOU DO NOT HAVE TO ACCEPT THE AGREEMENT. IF YOU DO NOT WANT TO ACCEPT THIS AGREEMENT, DO NOT START SERVICE OR USE THE SERVICE AND RETURN YOUR WIRELESS DEVICE, UNUSED AND WITH THE ORIGINAL RECEIPT AND ALL PACKAGING AND ACCESSORIES, TO THE STORE WHERE PURCHASED WITHIN THE RETURN PERIOD SET BY THAT STORE FOR A REFUND. 2. (a) Scope of Service. Cricket reserves the right to manage our wireless systems and the use of our Services. As a result, we may deny a request for Service from any customer or potential customer or discontinue a customer's service for any lawful reason. In addition, we may block access to a number and/or certain categories of numbers (for example, 976 and 900 numbers), chat or discussion rooms, certain web sites, or certain messages including text, video, photo, and audio messages, if in our discretion, they are considered illegal or illicit, we are experiencing billing, collection or fraud problems or constitute other misuse or abuse of our wireless system. (b) Services are generally available within the operating range of our wireless system in your service area. The Services we provide you depend on over-the-air radio transmissions. As a result, many factors can affect your ability to receive calls and/or transmit and receive data on your wireless device and the quality of those calls. These factors include your location, the conditions of the atmosphere, the terrain, nearby buildings and other structures. Any service coverage maps, diagrams, photographs and the like prepared and/or displayed by Cricket constitute an estimation of the geographic area where Cricket service (including roaming) is available when making or receiving a call and/or transmitting and receiving data when outside, and is no guarantee that Cricket service is available in those areas at all times or under all circumstances. In addition, there may be times when you cannot make calls and/or transmit data, you have difficulty making calls and/or transmitting data on our system, or your calls and/or data transition are interrupted. This may occur in response to suspected fraud, abuse, misuse of the network, hacking or viruses, or because (1) the number of calls being made or received and/or the amount of data being transmitted or received exceeds the capacity of a part of our system, (2) a portion of our system breaks or fails to operate as expected, (3) a problem occurs with service we purchase from someone else, (4) we are improving our system or performing maintenance work, (5) an accident occurs, or (6) events occur that are outside of our control. At such times, Service, including calls or attempted calls to emergency services like 911, may be interrupted or fail, and/or the quality of calls may be poor. In some cases, service to a geographic area may be eliminated altogether. (c) Any statements by Cricket, its employees, representatives or agents about the coverage of our system are only intended to describe Cricket's approximate coverage in your service area. You should not interpret any such statement to mean that Service will be available under all circumstances, at all times, or without interruption in your service area. (d) You agree to provide us with any information we reasonably request to help us manage the Service or to determine if you qualify for Service and are using the Service according to this Agreement. 3. Privacy. Our privacy policy describes our privacy practices. The policy, as amended from time to time, can be found at our official web site (www.mycricket.com). We encourage you to learn about our privacy practices and to regularly check the official web site for updates. 4. Rate Plan. (a) We determine what types of Service and rate plans or service packages (collectively "Rate Plans") we offer to you. We may offer different Services and different Rate Plan(s) to different people and entities, in different geographic locations and at different times. Services offered under some Rate Plans may be more limited than those offered under other Rate Plans. Rate Plans may also vary by the local market in which Service is offered. The Services and Rate Plan you select determine the charges you have to pay for Services. The Rate Plan you select will be your Rate Plan until that Rate Plan is modified, you switch to a different Rate Plan (if we offer other Rate Plans to you), you cancel your Service, or your Service is terminated. You may be required to make deposits, or advance payments, pay certain fees, or agree to maintain service for a certain period of time before we will start Service for you. If you agree to such conditions, including a service commitment, Cricket reserves the right to enforce such conditions even if it changes the terms and conditions for new customers. If we make more than one Rate Plan available to you, you may change to another Rate Plan by giving us reasonable advance notice, but you may be required to pay us a Rate Plan Change Fee or other fee(s) and agree to maintain service for a certain period in connection with changing Rate Plans. ALTHOUGH YOUR RATE PLAN, FEATURE AND PROMOTION DESCRIPTIONS ARE IN SEPARATE DOCUMENTS, THEY ARE PART OF THIS AGREEMENT. (b) If you take advantage of certain promotions, you may be required to maintain certain service levels, payment options and certain restrictions may apply to continue to receive the benefit of certain Rate Plans or to be eligible for certain benefits. Alternatively, you may be required to reimburse Cricket for certain promotional offers if you fail to meet the commitments or restrictions applicable to such offers. Please ask your Cricket representative for details on any restrictions or commitments applicable to the Cricket service you select or promotional offers made by Cricket. The Cricket Rate Plan, upgrade, or service enhancement you select may include limitations such as a certain number of roaming or long distance minutes. If permitted under your Rate Plan, those minutes may be depleted at an accelerated rate. Long distance calling is only available to certain countries. The rate of depletion or cost may be different for different Rate Plans, upgrades, countries, or service enhancements. Different Rate Plans may restrict or prohibit calls to or from certain states or geographic regions. Cricket may choose at any time to limit or remove access to directory assistance, international long distance or certain states or geographic regions as part of any long distance minutes available under a Cricket Rate Plan, upgrade, or service enhancement. If you use all of the long distance minutes available under the applicable Rate Plan, upgrade or service enhancement, Cricket may: (1) prevent you from making any additional long distance and/or directory assistance calls from your Cricket phone unless you purchase additional long distance minutes from Cricket; or (2) permit you to make additional long distance and/or directory assistance calls, but charge you at the then prevailing rate for all such calls. Cricket may, though not obligated to, provide you with notice through SMS message or another method when your long distance minutes are running low or to update you on any changes in your Rate Plan or service enhancement. Cricket may offer certain features that are available with Cricket service such as caller ID, 3-way calling, call forwarding, voice-mail, text and multimedia messaging, long distance and the like. Cricket, at its option, may offer such features individually on an a la carte basis for a separate fee, or may require that certain features are purchased collectively in a package. Cricket reserves the right to modify, change or terminate the manner in which such features individually or in a package are offered with Cricket service at any time. (c) MVP/Family Plan (For Plans Available Prior to 04/05/05). Prior to 04/05/05, Cricket elected to offer discounts or other benefits for certain accounts that include multiple lines of service billed on a single invoice or account (Multi-Value Plan "MVP" or "Family Plan"). MVP offered prior to this date requires one individual to maintain a line of service (the "Anchor Line") and to be responsible for the payment of the charges on all of the lines of service under the MVP. Cricket required the Anchor Line to have service at a certain level and placed restrictions on what other plans individuals may activate with the MVP account. Termination of the Anchor Line, or reduction in the level of service on the Anchor Line, may result in the termination of the MVP and the termination or transfer of the other lines of service on the MVP to rates and charges commensurate with similarly held service not on a MVP. Additional terms, conditions and restrictions apply to the maintenance of the MVP accounts that were available prior to 04/05/05. (d) Cricket may elect to offer discounts or other benefits for certain accounts for additional lines of service billed on a single invoice or account. Cricket may determine, in its sole discretion, which line(s) will and will not be eligible for a discount and the amount of any discount, including when you change plans or add or remove upgrades and enhancements. Cricket may refuse or place restrictions or conditions on the transfer of existing multi-line accounts, including transfer fees or changes in Rate Plans of the existing lines of service. Additional terms, conditions and restrictions may be applicable to the activation and maintenance of the MVP. (e) Cricket Rate Plans, upgrades, and service enhancements require outgoing calls be made from within your home calling area. If calls are made outside your home calling area, the call or data transmission may not go through and you may be charged additional fees, surcharges, regulatory charges, taxes, and other amounts. (f) Some promotions and rebate offers (instant or otherwise) may require you to select a particular Rate Plan and Service, and may also require you to maintain the Rate Plan or Service for a certain period of time to be eligible. You agree that if you take advantage of such a promotion or rebate offer, you will return any benefit, in the amount of a rebate or other promotional benefit received back to Cricket should you not fulfill the requirement(s) set by Cricket to be eligible for the promotion or rebate offer. Cricket may elect to collect the promotional or rebate benefit in any legal manner it elects. 5. Changes to Agreement or Rate Plan. We may change this Agreement, your Rate Plan, any fee for prepaid service, upgrade, enhancement, Regulatory Programs Charge (see 8(c) below) and any applicable surcharge, tariff and tax at any time. Any changes to this Agreement are effective when we publish the revised terms and conditions or otherwise give you notice of such changes. Increases or decreases in Local, State and Federal taxes and surcharges, such as Universal Service Fees and other government assessments, fees and surcharges that we include on your bill are not considered a rate change by Cricket. IF CRICKET INCREASES YOUR SERVICE RATES OR MATERIALLY ALTERS THE FEATURES OR SERVICES INCLUDED WITH YOUR RATE PLAN, YOU MAY TERMINATE SERVICE WITHIN THIRTY (30) DAYS OF THE DATE THAT WE SEND YOU NOTICE OF SUCH EVENT WITHOUT INCURRING AN EARLY TERMINATION FEE. Otherwise, you agree to changes to this Agreement and your Rate Plan if you use our Service or make a payment to us after we notify you of the changes. 6. Safe Use. Always use your wireless device in a safe manner that does not create a risk to your safety or the safety of others around you. For example, it can be dangerous for you to engage in stressful or emotional conversations on your wireless device, or otherwise become distracted, while driving. Be aware of and comply with the laws that apply to you when you are driving. Become familiar with your phone and its features. When possible, use a device that allows you to talk on your phone without holding it when you are driving. These devices are often called hands-free devices. If you need to make or answer a call while driving and are experiencing heavy traffic or bad weather conditions, park your vehicle in a safe area before making or answering a call. Do not take notes, look up phone numbers or engage in stressful or emotional phone conversations while driving. Do not use your phone while driving in locations that prohibit such use. Only use your phone with approved accessories available at a Cricket store or authorized distributor. 7. Prohibited Uses. You must comply with all laws and regulations while using the Service. Among other prohibited uses, the Service may not be used (1) for telemarketing, commercial research, commercial data collection or transmission, sale or resale of Service (i.e., selling, bartering or trading to others the use of local, long distance Service or SMS messaging on your Cricket phone) or in the operation of any telephone-based business (for example, chat lines or fortune telling services); (2) for any fraudulent, illegal or abusive purpose, or in a manner that interferes or causes problems with the operation of Cricket's wireless system; (3) continuously, with or without breaks, so as to create the functional equivalent of a telephone line dedicated to continuous use; or (4) while driving or operating equipment in locations or under conditions where it is prohibited to do so. Except for video, picture, text, and audio messages and other Services expressly offered or approved by Cricket, the Service may only be used for voice communications and may not be used with automatic number dialers or to transmit or knowingly receive data not authorized by Cricket. You may not resell the Service or use the Service in any manner or for any purpose that contradicts the terms of this Agreement. 8. Wireless Devices, Numbers & E-mail Addresses. Cricket did not manufacture your wireless device and is not responsible for any defects or for the acts or omissions of the manufacturer. Your device may not accept services from any other carrier. You do not have any rights to any number, e-mail address or other identifier we may assign to your device or account; you may not modify, change or transfer any of these except as we allow and as allowed for by law. In certain instances, you may transfer your number from another carrier to Cricket, or from Cricket to another carrier. 9. Charges. (a) You are responsible to pay all charges for Service, including the following: (1) recurring monthly charges for each monthly billing period in which you had or will have access to the Service for all or any portion of that billing period; (2) optional Service features or feature bundles selected by you and for which separate charges apply, including long distance and directory assistance (411) calls; (3) charges for adding multiple phones to the same account, if such charges apply; (4) any Service activation, reinstatement, reconnection, administrative, termination or other charges that may apply; (5) all third party charges that you have authorized; (6) all applicable taxes; and (7) regulatory charges, including regulatory charges imposed in connection with Cricket's provision of Service. (b) Various taxes, surcharges, fees, and other assessments are imposed by governments relating to the Service we provide to you, goods or services you purchase, and the wireless network and equipment used in providing the Service. We will determine, in our reasonable discretion, the taxes and other assessments that you are responsible to pay and the amounts of such charges. You are responsible for paying these taxes and other assessments, regardless of whether they are assessed on you or us. (c) In addition to other charges, you may also be assessed a Regulatory Programs Charge (may also be referred to as the Regulatory Recovery Fee), which is a charge created, assessed and collected by Cricket to help defray our costs for compliance with various regulatory requirements which may include, but are not limited to, the capability to provide wireless number portability, number pooling, 911 enhancements, universal service fees, and federal excise tax. This fee is not a tax or a government-required charge. In our discretion, we may change the amount of the Regulatory Programs Charge. The Regulatory Programs Charge will also apply to prepaid accounts. (d) For Rate Plans that include per minute airtime access charges, like long distance, the length of your call will be rounded up to the nearest minute and applied against the Services you purchased. Charges for a completed long distance call from your wireless phone will begin when you press the SEND key and will end when either party ends the call. (e) If you activate a new phone on your account to replace a phone previously on the account or if you activate an account with equipment not provided by Cricket or an authorized Cricket dealer, we may charge you a phone replacement or programming fee in connection with the activation of the new phone. 10. Account Activity, Credit Verification and Release of Information. (a) We may take any action permitted by law that we believe is necessary to verify your identity, age, account activity or credit, and we may take that action at any time. Our actions may include: (1) verification of your billing, account and other personal information, (2) review of your use of Services and of your account to confirm your compliance with this Agreement, or to help assess the Services we provide and the performance of our systems, and (3) ordering, receiving and reviewing credit reports about you from any credit agency. Upon request, we will provide you with the name and address of any agency that gives us a credit report about you. (b) You authorize us to share credit information about you with credit reporting agencies, and to share information we gather about you as may be permitted by law, including providing such information to third parties retained by Cricket to collect amounts that you owe Cricket. We reserve the right to use information we gather about you and information provided by you for purposes of determining compliance with this Agreement, and we reserve the right to deny or limit the provision of Service on the basis of our findings, your credit history or for any other reason. (c) Any person able to provide your name, the last four digits of your social security number, driver license number or other personal identifying information acceptable to Cricket and your Cricket wireless phone number ("Number") is authorized by you to receive information about and make changes to your account, including adding new Service or disconnecting existing Service. If you are receiving Service under a Rate Plan through your employer, you authorize us to share any and all account, content and usage information with your employer. (d) In an effort to prevent fraud and identity theft, Cricket may contact you after you activate your Cricket service to verify your identity and to obtain certain personal information. If you are unable to verify your identity or provide such information, you may be asked to go to a Cricket retail store within a specified period of time to provide information and to verify your identity. Your failure to do so may result in the interruption or termination of your Cricket service which may subject you to charges and/or penalties. (e) If you are an employer providing the Service to your employees, you agree to notify those employees that their use of the Service is subject to these Terms and Conditions. (f) YOU AGREE TO INDEMNIFY US, OUR EMPLOYEES AND AGENTS FOR ANY CLAIMS BY THIRD PARTIES, THOSE YOU ALLOW TO USE THE PHONE OR SERVICES, AND OTHERS, MADE AGAINST US ARISING OUT OF OR RELATED TO YOUR OR THEIR USE OF YOUR WIRELESS PHONE OR YOUR OR THEIR USE OF THE SERVICES WITH YOUR PHONE. 11. Billing and Payment.
(b) You may authorize recurring payment of your Cricket bill by credit card ("credit card"). If you authorize continuing automatic bill payment by credit card, then you authorize us to charge all amounts you owe us to the credit card account. We will not have to give any additional notice to you or obtain additional consent from you before billing that credit card for Service each month. You agree that you will pay the amounts we charge to your credit card under the terms of your agreement with the credit card issuer. You may also pay your Cricket bill (1) by mailing a check or money order to us; (2) in person at any Cricket authorized payment center; or (3) over the phone. You may have to pay an additional service charge if you make your payments in person or over the phone. We reserve the right to require that you pay your Cricket bill with cash. (c) By using Cricket's 1-800-CRICKET or *PAY customer service line to pay any amount to Cricket via a checking or other bank deposit account, you authorize Cricket to initiate a debit entry to the designated bank account in the amount that you or your representative designate during the call, and you confirm to Cricket that you are duly authorized on the applicable bank account. The debit generally occurs on or after 2 banking days from your authorization call. You agree that the code to authorize such payments shall be the same as your Cricket phone or other Cricket account number. Your authorization may be revoked only by providing prior written notification to Cricket that allows Cricket a reasonable opportunity to act on it before the transaction is completed. (d) If we have to take action beyond billing you in order to collect payment, you will be required to pay our reasonable costs and expenses for collection. Such costs and expenses may include attorneys' fees and expenses, the fees of any collection agency, and court costs. (e) You must promptly notify us of any change in your billing address or the credit card you want to use for payment. If Cricket bills and collects amounts for any third party service provider, we will allocate payments we receive from you first to amounts due to Cricket. We will then allocate any remaining payment to amounts due to such third party service providers. (f) You have the right to dispute charges on your bill, but you must notify us of the dispute within 60 days after the billing date or you waive the dispute. Even if you have a dispute with us, you have to pay all charges on time until the dispute is resolved. (g) We may charge you additional fees up to the maximum amount permitted by law for (i) any check or other negotiable instrument returned unpaid by a financial institution for any reason, and (ii) any credit card or check payment made to your account that is disputed by the holder of the credit card or checking account as fraudulent or improper. (h) We may elect to provide you with your bill information through internet access to Cricket's website, text or other messages to your Cricket phone or other methods as an alternative to a paper bill delivered in the mail. We may also offer you the option to discontinue receipt of a paper bill in the mail and may impose a fee for the delivery of a paper bill to you. (i) You agree to pay periodic charges for specific services. For example, Rate Plans represent a monthly charge for wireless telephone services (and in most cases, other features) rendered for that month and the charge for a particular Rate Plan does not carry over to the next month and you must pay for the service the following month. Any amounts you pay for Rate Plans, Services, service enhancements (including Flex BucketTM) are periodic payments that can be used only for a certain time. For example, you may have selected a service enhancement that requires you to purchase $5 worth of Flex Bucket™ service per month. The $5 is to pay for the ability to use that service enhancement for a month. Depending on the service enhancement, you may be charged $5 for that service enhancement again for the following month. The period of time you may be purchasing the ability to use a Service varies from one month to over a year. (j) Any amounts paid for Rate Plans, Services, upgrades and enhancements are nonrefundable. Any amounts you pay for upgrades, enhancements, and/or Cricket Flex Bucket™ may be used by Cricket to offset amounts due and owing at the time your Service is cancelled or terminated. We reserve the right to modify pricing, Cricket Rate Plan upgrades, enhancements, and required Cricket Flex Bucket™ payments at any time by providing notice to you in using any method we determine appropriate. (k) Cricket may elect to charge a fee for certain types of payment methods in order to cover the costs associated with offering a particular payment option. 12. Long Distance, Directory Assistance and Other Optional Prepaid Services. (a) You must pay in advance for access to certain Services not included in your Rate Plan such as long distance and directory assistance. You may purchase access to these optional Services on a prepaid basis by dialing *PAY on your Cricket phone and charging your purchase to your credit card. You may also purchase these optional Services when you pay in person at a Cricket payment center that is authorized to accept payments for these Services. (b) Purchases of prepaid Services are non-refundable and may not be redeemed for cash or applied to your monthly service charge. IF YOUR CRICKET SERVICE IS CANCELED, SUSPENDED OR TERMINATED DURING ANY MONTHLY SERVICE PERIOD AS PERMITTED BY THIS AGREEMENT, YOU WILL NOT BE ENTITLED TO (1) ANY REFUND OF AMOUNTS PAID FOR SUCH SERVICE PERIOD OR (2) DISCOUNT OR PRO-RATA REDUCTION OF AMOUNTS OWED FOR SUCH SERVICE PERIOD. (c) If you purchase a Service, upgrade or enhancement that is only available for a specific period (for example, a fixed number of roaming minutes per month) or that has an expiration or termination date, you will not be permitted to use that Service after the end of the specific period or after the applicable expiration or termination date. (d) Long distance calls may be made only from your Cricket service area to destinations in the United States and other locations throughout the world. Cricket may designate additional countries or remove countries to which long distance calls can be made from time to time. See your Cricket sales representative for a complete list of countries Cricket supports calls to. (e) You may check the amount of Services that you have purchased and that remain available for your use by calling *PAY from your wireless phone. Your monthly Service invoice from Cricket will not include call records or other details concerning your use of these optional Services. Cricket may impose a fee for such records in instances where applicable law requires disclosure or permits Cricket to disclose in its discretion. 13. Messaging. (a) Cricket offers a short messaging Service (text messaging or "SMS"), multi-media messaging Service (video, picture, and audio messaging or "MMS") and instant messaging Service ("IM", including AOLŪ IM) (collectively "Messaging Services") included in certain plans or for an additional fee, which allows subscribers to send messages to some other subscribers, both on and off the Cricket network. The content of all messages sent or received through the SMS, IM and MMS Services ("Content") is the sole responsibility of the person sending the message. Since Cricket does not control the Content of messages sent to you by others, you may be exposed to messages that are offensive, indecent, or objectionable. You agree that you will not hold Cricket liable in any way for any message Content created or sent by others, including any messages that contain errors or omissions. You further hereby expressly consent to receiving advertising, alerts and other broadcast messages from us or our authorized agents unless you opt-out by following the procedures available under Cricket's privacy policy. Visit www.mycricket.com or ask your Cricket sales representative for a copy of Cricket's privacy policy. (b) If you are a subscriber to one of Cricket's Messaging Services or send messages to Cricket customers via the internet or other means, you agree that you will not transmit or knowingly accept any communication or data that would violate any laws, court order or regulation, or would be offensive to the recipient. You further agree that you will not to use any of Cricket's Messaging Services to (1) transmit or accept any material that contains a software virus or any other computer program designed to interfere with any other computer software or hardware or telecommunications equipment or any data transmission not authorized by Cricket, (2) impersonate any other person, including but not limited to, a Cricket employee, or otherwise act in a manner that negatively affects other participants, (3) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted via a Messaging Service, (4) collect or store personal data about other users; (5) spam, post or transmit any solicited or unsolicited advertising, promotional materials, or any other forms of solicitation; or (6) spam, post or transmit unsolicited messages or materials which contain offensive, sexually explicit or profane content or language to recipients, including large numbers of recipients you do not personally know. In addition, you agree to bear all risks associated with the use of any of the Messaging Services and any Content, including any risks relating to your reliance on the accuracy, completeness, timeliness or usefulness of such Content. (c) You agree that Cricket may remove or block any Content that Cricket believes violates this Agreement or is otherwise objectionable. (d) You agree that Cricket may terminate your Service, may preserve Content, and may disclose Content if required to do so by law or in the good faith belief that such termination, preservation or disclosure is reasonably necessary to (1) comply with legal process; (2) enforce this Agreement; (3) respond to claims that any Content violates the rights of third-parties; (4) protect the rights, property, or personal safety of Cricket, its employees, users and the public, or (5) further any other lawful purpose. You also agree that you will cooperate with Cricket in (i) investigating any complaints lodged by third parties for Content sent by you and (ii) ensuring compliance with this Agreement. (e) The technical processing and transmission of a Messaging Service, including your Content, may involve transmissions over various networks not operated or controlled by Cricket. Cricket may change the Content to meet the technical requirements of connecting networks or devices. Cricket cannot guarantee that your intended recipient is the only party that will receive the Content or that you will receive timely confirmations of the Content you send. In addition, Cricket cannot guarantee that messages you send or that are sent to you will be received in a timely manner, or that your messages will be received at all, and you will not be notified of non-delivery. Messages may fail to be received for many reasons, including the functioning of the recipient's handset, your location or the location of the recipient, or delays in the SMS platform. When sending an international text message, the recipient's handset must be able to display characters from the Roman (Latin) alphabet in order to successfully receive the message. Supported countries and carriers may change without notice. 14. Ringtones, Graphics, Wireless Internet Access, Games, and Other Applications. (a) Cricket may offer to let you purchase Ringtones, Graphics, wireless internet access, games, or other applications (collectively the "Applications") for use with Cricket service. You are only allowed to store the Application on your Cricket phone and are not allowed to forward, sublicense or disseminate any Applications in any other way or to any other phone or device, except to play games or use other Applications that are intended to be interactive and then only used as intended to engage in such interactive conduct. Any transfer of any Application is a violation of these Terms and Conditions and may constitute a violation of other laws or regulations, such as U.S. Copyright laws and/or licenses or intellectual property rights associated with the Applications. (b) In order to download an Application, you must have a compatible Cricket phone. Please consult the Cricket website, the user manual for your phone and/or Cricket product brochures to determine if your phone is capable of accessing or downloading the specific Application you want to purchase. The ability to access and download Applications may be available only in certain Cricket markets and periods. (c) Applications use up memory on your Cricket phone and each phone can only store a limited number of Applications. If you do not have sufficient memory available, you may not be able to download and/or save the Application that you order. Please consult the user manual for your phone to determine the amount of memory required to download the Application you want to purchase, how to delete material or otherwise free up memory on your phone and other information regarding the download, saving and use of Applications. (d) You may purchase Applications through Cricket Flex Bucket™. By clicking "Buy" or "Accept" on the purchase menu on the website or your phone, you agree to apply a portion of the money that you pre-paid to Flex Bucket™ for the Application listed in the order confirmation or screen. You may also use a portion of your Flex Bucket™ to activate access to certain Application menus or capabilities, such as Games & Apps™ applications. All fees, Application purchases and Flex Bucket™ payments are non-refundable. If you order an Application and your phone is not compatible or will not support the Application you selected you will still be charged, but your phone will not be able to play the Ringtone or use the Application. Please make sure that you have a compatible phone before you confirm your purchase. If you purchase an Application and your phone's memory does not have enough storage, you will be charged for the download. Please follow the instructions on the website to determine what steps to take if your download is not successful. It may take up to an hour for a download to complete. Please note that if you purchase a new handset you may not be able to transfer Applications from an old handset to the new handset. No refunds will be available for Applications that are not transferable to a new handset. (e) Cricket did not create, engineer or test the Applications and is not responsible for their content or operability on your phone. By downloading and using certain Applications you agree to an end user license agreement applicable to those Applications. Depending upon the Application, that end user license agreement may be found at BREW End User License Agreement [PDF, 14KB] or Motricity End User License Agreement [PDF 16KB]. 15. Termination. (a) If you do not pay your bill on or before the date due as stated on your bill, we may immediately suspend or terminate your Service. Cricket is not required to provide you with any notification before terminating your Service under most circumstances. If we accept a late or partial payment, even if you mark the payment "paid in full," we do not waive our rights under this Agreement. Any balance in your Cricket Flex BucketTM or account may be used to offset amounts you owe for Cricket Service under this Agreement. (b) We may also suspend or terminate your Service, without any liability to us and without prior notice, if you breach any portion of this Agreement or if we suspect in good faith that you are using the Service(s) for fraudulent, abusive or improper purposes. (c) If you promptly pay amounts that are overdue or cure any other breach of this Agreement, Cricket may reinstate or reconnect your service after you have paid any reinstatement, reconnection, maintenance or other fee we have established, but we are not obligated to reinstate or reconnect your Service. (d) We may also terminate your service at our discretion after reasonable notice. (e) You may terminate Service at any time by notifying a Cricket customer service representative. If you terminate your Service, however, you remain responsible to pay for all charges that you incurred prior to the termination of Service. Cricket does not provide any refund or credits for service terminated prior to the end of any billing cycle. (f)IF THIS AGREEMENT TERMINATES FOR ANY REASON, YOU WILL NO LONGER BE ENTITLED TO ACCESS ANY OF OUR SERVICES AND YOU WILL NOT BE ENTITLED TO RECEIVE ANY REFUND OF ANY PAYMENTS YOU HAVE MADE TO US FOR MONTHLY SERVICE, UPGRADES, ENHANCEMENTS, FEES, FOR ANY OTHER PREPAID SERVICE, OR FOR ANY OTHER REASON. 16. Numbers. (a) You do not own the Number assigned by Cricket. We can change or reassign the Number by giving you notice. (b) If your account is deactivated, we can reassign the Number without giving you any notice. (c) You may not assign the Number to any wireless phone or other equipment except as approved by us or otherwise required by law. You may not assign the Number to any other party. (d) Please note that your name and Number may be displayed on the phone of a person you call if that person uses caller identification. We provide no-cost methods to block and un-block the display of your name and Number. Your telephone number and location may also be transmitted to public safety officials if you dial 911 or other emergency service numbers. (e) Number Portability. As of November 24, 2003, you may be able to "port" or keep your telephone number when you change telephone service providers. Porting may be available when you change from one wireless carrier to another wireless carrier or between wireless and wireline service. Your ability to port your number to or from Cricket will depend on a number of factors, including without limitation: (i) whether Cricket offers service in the area in which you seek service; (ii) what other carriers offer service in the area in which you seek service; (iii) Cricket's ability to enter into porting agreements and technical porting arrangements with other carriers; and (iv) the status of your service account with the carrier from which you seek to port your number. Even if you are able to port your number, you may be required to purchase a new wireless phone or other equipment in order to change service to or from Cricket service. Cricket may charge a fee to reimburse it for the costs it incurs to meet the equipment, technology and infrastructure requirements necessary to enable number porting. Cricket may also charge a fee to reimburse it for the cost it incurs to perform a port. Such fees may be included as part of the charges for Cricket service or may be charged on an individual basis to customers seeking to port their number. In order to port your number from Cricket, you must have an active Cricket service account. If your account has been disconnected, hotlined or interrupted for any reason, including failure to pay your Cricket service bill, you may not be able to port your number. Other service providers may have similar requirements. 17. Wireless Devices and Other Equipment. Your wireless device is only compatible with Cricket wireless service and may be used only on Cricket's network. The wireless device and related equipment you use with Cricket Service can only be used in your Cricket service area. Your wireless device may have technical capabilities, such as GPS, that may not be supported on Cricket's network. 18. DISCLAIMER OF WARRANTY. (a) Cricket does not manufacture wireless devices, related equipment or Applications or provide warranties with respect to those items. Your rights with respect to your wireless device and other equipment or Applications you purchase, including your warranty rights and your rights to return defective products, are governed by any warranty that may be offered by the manufacturer or Application provider. CRICKET MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE SERVICE(S), APPLICATIONS, YOUR WIRELESS DEVICE OR ANY RELATED EQUIPMENT, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Our disclaimer does not deprive you of any rights you may have against the manufacturer. (b) Cricket will not be liable to you in connection with (1) the manufacturer's warranty, (2) any actions or omissions of the manufacturer, or (3) any malfunction or failure of the wireless phone or related equipment. 19. TTY. TTY (also known as TDD or Text Telephone) is a telecommunications device that allows people who are deaf, hard of hearing or who have speech or language disabilities to communicate by telephone. If you have questions concerning the use of your wireless phone with a TTY device, please contact us toll free at 1-800-CRICKET (1-800-274-2538). 20. Lost or Stolen Wireless Phones; Phone Replacement Plan. (a) If your wireless device is lost or stolen, you must immediately notify us by calling toll free 1-800-CRICKET (1-800-274-2538). You may also need to notify the provider of your phone replacement plan if you selected that coverage. (b) You are responsible for all charges for Service provided to your Number until you notify us of a loss or theft. We will promptly suspend Service to your Number once you notify us your phone has been lost or stolen. You are still responsible for monthly Service charges incurred on your account prior to the time that you inform us that your phone has been lost or stolen. We may require you to provide evidence of the loss or theft, such as a police report or a sworn affidavit, and to sign other documentation regarding the loss or theft that we deem necessary. In addition, we may require that you change your Number. If the wireless phone is later found, we may require that you exchange it for another one before we reactivate your Service(s). (c) Cricket offers optional phone replacement plan coverage for an additional charge. If you selected or are provided with coverage under the phone replacement plan, please note that it is provided and administered by a third party, not Cricket. 21. Limitations of Liability; Mutual Waivers and Indemnities. (a) YOU AND WE ARE WAIVING IMPORTANT RIGHTS IN THIS SECTION TO THE FULLEST EXTENT ALLOWED BY LAW. (b) YOU AGREE THAT OUR MAXIMUM LIABILITY TO YOU IS LIMITED TO A REFUND OR CREDIT OF CHARGES YOU OWED TO US FOR SERVICES FOR THE MONTHLY SERVICE PERIOD IN WHICH THE LIABILTY AROSE. WE AGREE YOUR MAXIMUM LIABILITY TO US IS LIMITED TO CHARGES YOU OWE US, ANY ACTUAL DAMAGES YOU INTENTIONALLY CAUSE TO OUR BUSINESS OR PROPERTY, AND ANY DAMAGES COLLECTED FROM US BY A THIRD PARTY ARISING OUT OF THE USE OF YOUR WIRELESS PHONE OR THE SERVICES. (c) YOU AND WE AGREE TO WAIVE ALL RIGHTS TO RECOVER: (1) PUNITIVE DAMAGES; AND (2) CONSEQUENTIAL, INDIRECT, AND SPECIAL DAMAGES, WHETHER OR NOT ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. (d) YOU AND WE ALSO AGREE NOT TO MAKE, AND TO WAIVE TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIM FOR EQUITABLE RELIEF (INCLUDING A REQUEST FOR AN INJUNCTION), OTHER THAN TO PROTECT ANY PATENTS, COPYRIGHTS, TRADEMARKS, OR TRADE SECRETS, OR TO PREVENT ABUSIVE, FRAUDULENT, OR ILLEGAL USE OF A WIRELESS PHONE, A TELEPHONE NUMBER OR OUR SYSTEM. (e) YOU AGREE TO INDEMNIFY US, OUR EMPLOYEES AND AGENTS FOR ANY CLAIMS BY THIRD PARTIES AGAINST US ARISING OUT OF USE OF YOUR WIRELESS PHONE OR THE USE OF SERVICES WITH YOUR PHONE. (f) EXCEPT FOR CREDITS FOR INTERRUPTED OR FAILED SERVICE WHICH ARE DESCRIBED IN THE FOLLOWING PARAGRAPH, WE SHALL NOT BE LIABLE TO YOU (1) FOR INTERRUPTION OR FAILURE OF SERVICE, INCLUDING ANY FAILURE TO COMPLETE CALLS, INCLUDING 911 CALLS, OR FOR DROPPED OR INTERRUPTED CALLS, (2) FOR PROBLEMS CAUSED BY OR CONTRIBUTED TO BY YOU OR BY ANY THIRD PARTY, WHETHER INTENTIONAL OR NOT, OR BY OTHER THINGS WE DO NOT CONTROL, OR BY AN ACT OF GOD OR NATURAL DISASTER. (g) Cricket's maximum liability to you for any interruption or failure of Service is limited solely to Cricket providing you with a credit for any continuous Service interruption that lasts for more than 24 hours. The credit will equal 1/30 of your monthly service charge for the interrupted Service for each continuous 24-hour period that Service remains interrupted after the Service interruption begins. In calculating any credit owed to you, we will treat the interruption as starting when it is reported to or detected by Cricket, whichever occurs first. The total credits owed to you for interruptions during any monthly service period may never be greater than your monthly service charge for that period. Cricket will have no liability to you, and will not have to issue you a credit if: (1) your negligence or intentional misconduct caused the Service interruption; (2) the Service interruption resulted from a failure of equipment or service not provided by Cricket; or (3) Cricket acted upon a written or verbal request to suspend or terminate your Service. (h) By using the Service(s), you agree that the remedies provided under this Agreement are exclusive, and you waive your right to any other remedies that may be available to you at law or in equity. 22. Notices and Contact. Cricket reserves the right to provide notice to you by telephone, short message service, multimedia message service, instant message or voicemail service to the extent permitted by applicable law. Any such notice will be treated as provided to you when left with you, on your phone, or on your answering/voicemail service. Any notice that Cricket mails to you will be deemed provided to you, to the extent permitted by applicable law, when Cricket deposits the notice into the United States mail addressed to you at your last known address as shown in our billing records. You must notify us of any address changes. Failure to notify us of a change in your address constitutes a breach of this Agreement and possible grounds for suspension or termination of your Service. Your notice to us shall be deemed given when received at: Cricket, P.O. Box 349067, Columbus, Ohio 43234-9067. Cricket may provide a telephone number to its customers as a means to contact Cricket. Cricket may limit or prohibit your access to that number if Cricket deems it necessary to prevent abuse of the customer service phone lines that may cause delayed response to calls, prevent calls from reaching Cricket, cause problems with the system, or otherwise damage Cricket or its customers. 23. Directory. We may decide to publish, or allow to be published, a directory of subscribers including name, address and phone number as permitted by law. Should such a directory be published, you will have the opportunity to opt-out of such a directory at no fee. 24. General Provisions Regarding This Agreement. (a) If we waive any portion of this Agreement, the waiver will not be treated as a waiver by us of any other provision of this Agreement, or a waiver of our right to enforce the portion we have waived for any violation that occurs later. (b) Section headings in this Agreement are for descriptive purposes only and will not be used in interpreting the legal effect of this Agreement. (c) You may not transfer or assign all or any part of your rights and obligations under this Agreement, or your Service, without our prior written approval. The benefits conferred pursuant to this Agreement are intended solely for you and Cricket and there are no third party beneficiaries to this Agreement. (d) Cricket may transfer or assign its rights and obligations under this Agreement in whole or in part without giving you notice or obtaining consent from you. Upon its transfer or assignment of this Agreement, Cricket shall be released from all liability with respect to this Agreement. (e) This Agreement is not for the benefit of any third parties except our parent and subsidiary corporations and any person or entity to whom we transfer or assign this Agreement. 25. Choice of Law and Severability. (a) This Agreement shall be interpreted under (1) the laws of the state in which your Cricket service area is located, other than its laws about choosing what state laws applies in interpreting a contract, (2) applicable federal laws, and (3) applicable tariffs. If your Cricket service area is located in more than one state, the law of the state in which the majority of the service area is located shall be used for interpreting this Agreement. (b) If any provision in this Agreement is declared to be invalid or unenforceable, the validity of the other provisions of this Agreement shall not be affected and shall remain valid and enforceable to the fullest extent permitted by law. 26. Arbitration; Dispute Resolution. (a) PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE AND PROVIDES FOR RESOLUTION OF MOST DISPUTES THROUGH ARBITRATION. ARBITRATION IS DIFFERENT FROM COURT. THE RULES ARE DIFFERENT AND NO JUDGE OR JURY IS PRESENT AT AN ARBITRATION. THE AWARD IS FINAL AND BINDING AND SUBJECT ONLY TO VERY LIMITED REVIEW BY A COURT. IN ADDITION, YOU AND WE ARE WAIVING RIGHTS TO PARTICIPATE IN CLASS ACTIONS, INCLUDING WITHOUT LIMITATION CLASS ACTIONS BEGUN BY OTHERS PRIOR TO THIS AGREEMENT. EVEN IF APPLICABLE LAW PERMITS CLASS ACTIONS OR CLASS ARBITRATIONS, YOU ARE WAIVING ANY RIGHT TO PURSUE ANY SUCH CLAIM OR CONTROVERSY AGAINST US (OUR AFFILIATES, PREDECESSORS OR SUCCESSORS IN INTEREST) ON A CLASS BASIS. WE, IN TURN, WAIVE ANY RIGHT TO PURSUE ANY SUCH CLAIM OR CONTROVERSY AGAINST YOU ON A CLASS BASIS. (b) This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of our relationship. Any dispute or claim made by you against us (or against our parent company or any of our subsidiaries) arising out of or relating to this Agreement, our Privacy Policy, or your use of the Service (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration, except that you may take claims to small claims court if they qualify for hearing by such a court. (c) You must first present any claim or dispute to us by contacting our Customer Service Department to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within sixty (60) days. The arbitration of any dispute or claim shall be administered by the American Arbitration Association under its Wireless Industry Arbitration Rules that are in effect at the time of the arbitration. The AAA Rules and information about arbitration and fees are available upon request from the AAA and online at www.adr.org. (d) Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. (e) Judgment on any arbitration award may be entered in any court having proper jurisdiction. 27. CPNI. In providing service to you, Cricket will receive information classified as "customer proprietary network information" ("CPNI") under federal law that is considered confidential, such as information regarding your usage of the service, the technical configuration of such service, the destination of telephone calls you make and the type of services you purchase. Cricket may use this information for certain purposes without further disclosure or consent, including the following: to provide you Service; to market service offerings to you related to the Services you purchase; or to protect you, other Cricket users, Cricket and other carriers from fraud, abuse or unlawful use of its service. Cricket reserves the right to communicate with you by using prerecorded messages that are informational or promotional in nature. Cricket also may share such information with its affiliates and third-party agents for the limited purpose of making available to you communications-related offers and information that may be of interest to you. However, you have the right under federal law to request Cricket not to disclose your confidential information for this purpose, and Cricket has the duty to honor any such request. You may "opt out" of disclosure of your CPNI to Cricket affiliates and third-party agents for this purpose by sending a request in writing to: P.O. Box 349067, Columbus, Ohio 43234-9067. Opting-out will not affect Crickets' provision of service to you. Additional provisions regarding our use of CPNI and other subscriber information is set forth in our Privacy Policy, available at www.mycricket.com, which we incorporate herein by reference. Updated September 17, 2007. © 2007 Cricket Communications, Inc. All rights reserved. |
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