Nokia 6016i - Terms and Conditions

Section 4B: Terms & Conditions / Warranty

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Term Commitments.

Unless we specifically tell you otherwise, our service plans

require that you maintain service for a minimum term (“Term Service Plan”),

usually 1 or 2 years. After satisfying this minimum term, your service plan will

continue on a month-to-month basis unless you have agreed to extend the term for

additional period(s). Certain service, promotional or product offers may require

that you agree to or extend a Term Service Plan. As discussed below, we may

charge you an Early Termination Fee if you deactivate a Term Service Plan before

the end of the term.

Using Services.

You agree to not use our Services in an unlawful, fraudulent or

abusive manner. You may not resell or lease Services to anyone. Sprint is not

responsible for any opinions, advice, statements, services applications or other

information provided by third parties and accessible through our various Services,

including the internet. Neither Sprint, its vendors or licensors guarantees the

accuracy, completeness or usefulness of information that is obtained through

these Services. You are responsible for evaluating such content.

You are also responsible for any use of our Services through any wireless device on your
account including, but not limited to, use by children or minors. We strongly recommend
that you closely monitor any such usage.

Changing Services.

Changes to Services will generally be effective at the start of

your next full invoicing cycle. In certain instances, the changes may take place

sooner, in which case your invoice will reflect pro-rated charges. Certain changes

may be conditioned upon payment of an Early Termination Fee or certain other

charges.

Termination of Services.

Consistent with this Agreement: (a) we may terminate

Services at any time with notice to you and, in certain instances, without notice;

and (b) you may terminate Services at any time with prior notice to us. Except as

otherwise provided in this Agreement, IF YOU TERMINATE YOUR

TERM SERVICE

PLAN

EARLY, OR WE DO SO FOR GOOD CAUSE, YOU WILL BE REQUIRED TO

PAY THE APPLICABLE EARLY TERMINATION FEE ASSOCIATED WITH YOUR

SERVICES. We will not charge an Early Termination Fee for deactivations

consistent with our Return Policy or for service plans being provided on a month-

to-month basis. If any Services are terminated before the end of your current

invoicing cycle, we will not prorate charges to the date of termination, and you

will not receive a credit or refund for any unused Services.

Wireless Devices, Numbers & E-mail Addresses.

We did not manufacture your

wireless device and we are not responsible for any defects or for the acts or

omissions of the manufacturer. The only warranties on your device are any limited

warranties extended by the manufacturer directly to you or passed on to you

through us. Your device may not accept Services directly 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 or as allowed for by law. In certain instances, you may

transfer your number from another carrier to us, or from us to another carrier. We

do not guarantee that transfers to or from us will be successful. If you transfer

your number away from us, the terms of this Agreement (e.g., Early Termination

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Fee, etc.) still apply. If a transfer to Sprint is not successful, you will be

responsible for any discounts provided to you with the purchase of your

device. See our printed in-store materials or visit www.sprintpcs.com for

additional important information on number transfers.

Coverage.

Available coverage areas for Services are generally identified in

our mapping brochures and at www.sprintpcs.com. This may include coverage

on our digital network (the “Sprint Nationwide PCS Network”) as well as

coverage we make available to you through agreements with other carriers

(“off network” or “roaming” coverage).

All coverage maps are high level

representations of outdoor coverage and there are gaps in coverage within areas
shown as covered on the maps. Coverage is not available everywhere, nor can we
guarantee you will receive coverage at all times, or without interruptions or delays
(e.g., dropped calls, blocked calls, etc.) in the coverage areas we identify. Actual
coverage and quality of Services may be affected by conditions within or beyond
our control, including network problems, software, signal strength, your equipment,
structures (including buildings in which you may be located), atmospheric,
geographic, or topographic conditions.

Roaming Coverage.

You are roaming anytime your phone indicates that you

are roaming. Roaming coverage is only available with certain devices and,

unless included as part of your Services, will result in additional charges.

Roaming calls placed “manually” (through an operator or with a credit card)

will always incur separate and additional charges. Depending on your phone

settings, you may automatically roam if there is a gap or interruption in

coverage within the Sprint Nationwide PCS Network coverage area and

roaming coverage areas. See your phone guide for how to adjust phone

settings. Certain features and services may not be available in roaming

coverage areas (including PCS Vision, voicemail, call waiting, call

forwarding, etc.).

Charges.

Carefully review the terms of your Services. You will be assessed

charges based on the terms of your Services including, without limitation,

monthly recurring charges and charges based on actual usage (e.g., charges

for long distance, roaming, call forwarding, directory assistance, etc.).

Airtime and other time based usage charges are calculated from when your

device first initiates contact with a network until the network connection is

broken, whether or not you were actually successful in connecting to the

intended destination. However, you will not be charged for voice calls that

ring and do not pick up, or if you get a busy signal. For voice calls received

by your device, you are charged from the time shortly before the phone

starts ringing until the call is terminated. You are charged for an entire voice

call based on the time period in which the call is initiated. Partial minutes of

use are rounded up to the next minute.

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Sprint PCS Vision Charges.

Vision usage is measured in bytes, not in minutes.

Bytes are rounded up to kilobytes. Usage rounding occurs at the top of each clock

hour while in a session and at the end of each session and is then charged to you

based on the terms of your Services. Depending on your Services, usage may be

charged against an allowance or on a fixed price per kilobyte. Usage charges may

be rounded up to the next cent at monthly or other intervals. In certain instances,

you may not know that your session has not ended. As long as your device is

connected to our network, you will incur data usage charges. You will be charged

for all data directed to the internet address (or “IP address”) assigned to your

device, regardless of who initiates the activity or whether your device actually

receives the data. This includes, but is not limited to, the amount of data

associated with the particular information/item (e.g. game, ringer, email, etc.),

additional data used in accessing, transporting and routing this information/item

on our network, data from partial or interrupted downloads, re-sent data, and data

associated with unsuccessful attempts to reach websites or use applications.

Based on these and a number of other factors (e.g., the specific application,

network performance, etc.) data used and charged to you will vary widely, even

for the same activity. Estimates of data usage – for example, the size of

downloadable files – will not be accurate or a reliable predictor of actual usage.

Your invoice will not separately identify the number of kilobytes attributable to

your use of specific sites, sessions or services.

Taxes and Surcharges.

We invoice you for taxes, fees and other charges levied by

or remitted directly to federal, state, local or foreign governments including,

without limitation, sales, gross receipts, Universal Service, use, and excise taxes. If

you claim any tax exemption, you must provide us with a valid tax-exempt

document. Tax exemptions are not applied retroactively. We also invoice you for

surcharges that we collect and keep to pay for the costs of complying with

government programs such as number pooling and portability, and Enhanced 911

service; these charges are not the taxes nor government imposed assessments.

Invoicing & Payment.

Invoicing cycles and dates may change from time to time.

Monthly recurring and related charges for Services are generally invoiced one

invoicing cycle in advance. Other charges are invoiced soon after they are

incurred. Most usage is generally applied to the invoicing cycle in which they are

incurred, but in some instances may be applied to subsequent invoicing cycles.

You are responsible for all charges associated with any device activated on your

account, regardless of who used the device. You must pay all charges by the due

date on the invoice.

Past due amounts accrue late charges until paid at the rate of 5%

per month or at the highest rate allowed by law and may result in immediate suspension
of your account.

If you agree to any auto-payment option through banking or credit

account, we may initiate payment from the account for all amounts we invoice

you without additional authorization or notice. Based on your credit or payment

history, we may require certain forms of guaranteed payment as a condition of

maintaining Services. If we invoice you for amounts on behalf of a third-party,

payments received are first applied to amounts due to us. You may be charged

additional fees for certain methods of payment and for payments denied by a

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financial institution. Acceptance of payments (even if marked “paid in full”) does

not waive our right to collect all amounts that you owe us.

Disputed Charges.

Disputes concerning any charges invoiced must be raised

within 60 days of the date of the invoice. You accept all charges not disputed in

this time period. Disputes can only be made by calling or writing us as directed on

your invoice.

Account Spending Limit & Deposits.

We may impose an account spending limit

(“ASL”) on any account without notice. We will notify you of an ASL based on your

credit or payment history and may reduce the ASL at any time with prior notice.

An ASL should not be relied on to manage usage on your account. We may

suspend an account without prior notice when the account balance reaches the

ASL, even if the account is not past due. Services can be restored upon payment of

an amount that brings the account balance below the ASL and any past due

amounts. If we require a deposit for you to establish or maintain an account, we

will hold the deposit as partial guarantee of payment for Services. We may change

the deposit amount at any time with notice for good reason. Except as we allow, a

deposit may not be used to pay any invoice or delay payment. The deposit

amount, the length of time we hold the deposit and changes to the deposit

amount are determined based on your credit and payment history. The rate of

interest, if any, on the deposit is subject to change. We may mix deposits with our

other funds. If your account is terminated for any reason, we may without notice

apply your deposit to any outstanding charges. We may send any remaining

deposit amounts to your last known address within 75 days after account

termination. If the funds are returned to us, you may claim these funds for one

year from the date of return. Any money held during this one-year period will not

accrue interest for your benefit and are subject to a servicing fee charged against

the balance. You forfeit any portion of the money left after the one-year period.

Other Sprint PCS Vision Terms.

You will not receive voice calls while using Vision.

Vision is not available for use with server devices or host computer applications,

other systems that drive continuous heavy traffic or data sessions, or as substitutes

for private lines or frame relay connections. Unlimited Vision plans/options may

not be used with Sprint PCS phones or smart phones being used as a modem in

connection with other equipment (e.g., computers, etc.) through use of

connection kits or other phone-to-computer/PDA accessories, or Bluetooth or

other wireless technology. We may terminate services without notice for any

misuse. You may have access to certain games, ringers, screen savers and other

items on our Vision site (“Premium Services”) that are available for an additional

charge. You will be billed for Premium Service purchases on your Sprint PCS

invoice based on the charges as specified at purchase. Subject to the terms of the

content purchased, we may delete premium and non-premium items downloaded

to any storage areas we may provide, including any pictures, games and other

content. We may limit the amount of Premium Services you may purchase in a

specific timeframe (month, week, day, or other time period).

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Voice Command.

Calls to 911 or similar emergency numbers cannot be placed

through the Voice Command feature. See our printed in-store materials or visit
www.sprintpcs.com for additional important information on this option.

Wireless Web.

Wireless Web Services may be available depending on your device

and Service plan/option. This is not a Vision service. Usage is calculated on

minutes used and generally deducts from your Service plan minutes. See our

printed in-store materials or visit www.sprintpcs.com for additional important

information on this option.

Lost or Stolen Equipment.

If your device is lost or stolen, please notify us

immediately by calling 1-888-211-4PCS.

You are responsible for all charges incurred

before you notify us of the loss or theft.

You agree to cooperate reasonably with us in

investigating suspected unlawful or fraudulent use.

Messaging.

You may incur charges in accessing, sending or receiving messages on

your device. We may impose limits on the number of voicemail, text, email or

other messages that can be retained through your account. Indicators of messages

on your device, including mailbox icons, may not always provide an up to date

indication of new messages and you may at times need to manually reset or clear

your mailbox indicator. Legitimate messages may be interrupted by software

aimed at prevention of SPAM or similar messages.

Caller ID.

If you do not want people you call to receive the number assigned to

your phone, call us at 1-888-211-4PCS for information about automatic Caller ID

blocking. The number assigned to your phone can be blocked on a per-call basis

by dialing *67 + Destination Number + TALK (or similar key). Caller ID blocking is

not available when using Vision or Wireless Web services.

TTY Access.

A TTY (also known as TDD or Text Telephone) is a

telecommunications device that allows people who are deaf or hard of hearing, or

who have speech or language disabilities, to communicate by telephone. TTY

doesn't work with all devices. If you have a TTY-capable device, it may not

function effectively, or at all, when attempting 911 calls and should not be relied

on for such calls.

Disclaimer of Warranties.

WE MAKE NO REPRESENTATIONS OF WARRANTIES,

EXPRESS OR IMPLIED, INCLUDING (TO THE EXTENT ALLOWED BY LAW) ANY

IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR

PURPOSE CONCERNING YOUR SERVICES OR WIRELESS DEVICE. WE DO NOT

PROMISE UNINTERRUPTED OR ERROR-FREE SERVICES AND YOU AGREE TO

HOLD US HARMLESS FOR ALL SUCH PROBLEMS.

Limitation of Liability.

Neither we nor our vendors, suppliers or licensors are

liable for any damages arising out of or in connection with any: (a) act or omission

by you, or another person or company; (b) providing or failing to provide

Services, including deficiencies or problems with your wireless device, our

network coverage or Services (e.g., dropped, blocked, interrupted calls/messages,

etc.); (c) traffic or other accidents, or any health-related claims allegedly arising

from the use of Services, any wireless devices or related accessories; (d) content

or information accessed while using our Services, such as through the internet;

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(e) interruption or failure in accessing or attempting to access emergency services

from your phone, including through 911, E911 or otherwise; or (f) events due to

factors beyond our control, including acts of God (including, without limitation,

weather-related phenomena, fire or earthquake), war, riot, strike, or orders of

governmental authority.

In the event we are found to be responsible to you for monetary

damages relating to the Services (including wireless devices), you agree that any such
damages will not exceed the pro-rated monthly recurring charge for your Services during
the affected period.

NO CONSEQUENTIAL OR OTHER DAMAGES.

UNDER NO CIRCUMSTANCES ARE

WE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL

DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT OF OR IN

CONNECTION WITH PROVIDING OR FAILING TO PROVIDE SERVICES, PHONES

OR OTHER EQUIPMENT USED IN CONNECTION WITH THE SERVICES,

INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF BUSINESS, OR

COST OF REPLACEMENT PRODUCTS AND SERVICES. THIS SECTION SURVIVES

TERMINATION OF THIS AGREEMENT.

MANDATORY ARBITRATION OF DISPUTES.

INSTEAD OF SUING IN COURT, YOU

AND SPRINT AGREE TO ARBITRATE ANY AND ALL CLAIMS, CONTROVERSIES

OR DISPUTES AGAINST EACH OTHER ARISING OUT OF OR RELATING TO THIS

AGREEMENT, INCLUDING, WITHOUT LIMITATION, THE SERVICES, ANY

PHONES/EQUIPMENT, OR ADVERTISING, EVEN IF IT ARISES AFTER YOUR

SERVICES HAVE TERMINATED, AND INCLUDING CLAIMS YOU MAY BRING

AGAINST SPRINT'S EMPLOYEES, AGENTS, AFFILIATES OR OTHER

REPRESENTATIVES, OR THAT SPRINT MAY BRING AGAINST YOU (“CLAIMS”).

THE FEDERAL ARBITRATION ACT APPLIES TO THIS AGREEMENT AND ITS

PROVISIONS, NOT STATE LAW, GOVERN ALL QUESTIONS OF WHETHER A

CLAIM IS SUBJECT TO ARBITRATION. THIS PROVISION DOES NOT PREVENT

EITHER YOU OR SPRINT FROM BRINGING APPROPRIATE CLAIMS IN SMALL

CLAIMS COURT, BEFORE THE FEDERAL COMMUNICATIONS COMMISSION OR A

STATE PUBLIC UTILITIES COMMISSION.

YOU AND SPRINT FURTHER AGREE THAT NEITHER SPRINT NOR YOU WILL

JOIN ANY CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY IN A

LAWSUIT, ARBITRATION OR OTHER PROCEEDING; THAT NO CLAIM EITHER

SPRINT OR YOU HAS AGAINST THE OTHER SHALL BE RESOLVED ON A CLASS-

WIDE BASIS; AND THAT NEITHER SPRINT NOR YOU WILL ASSERT A CLAIM IN A

REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE. IF FOR ANY

REASON THIS ARBITRATION PROVISION DOES NOT APPLY TO A CLAIM, WE

AGREE TO WAIVE TRIAL BY JURY.

A single arbitrator engaged in the practice of law will conduct the arbitration. The

arbitration will be filed with and the arbitrator will be selected according to the

rules of either JAMS or the National Arbitration Forum (“NAF”), or, alternatively, as

we may mutually agree. We agree to act in good faith in selecting an arbitrator.

The arbitration will be conducted by and under the then-applicable rules of JAMS

or NAF, wherever the arbitration is filed or, if the arbitrator is chosen by mutual

agreement of the parties, the then-applicable rules of JAMS will apply unless the

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parties agree otherwise. All expedited procedures prescribed by the applicable

rules will apply. We agree to pay our respective arbitration costs, except as

otherwise required by rules of JAMS or NAF, as applicable, but the arbitrator can

apportion these costs as appropriate. The arbitrator's decision and award is final

and binding, and judgment on the award may be entered in any court with

jurisdiction.

If any party files a judicial or administrative action asserting a claim that is subject

to arbitration and another party successfully stays such action or compels

arbitration, the party filing that action must pay the other party's costs and

expenses incurred in seeking such stay or compelling arbitration, including

attorneys' fees.

If any portion of this Mandatory Arbitration of Disputes section is determined to

be invalid or unenforceable, the remainder of the Section remains in full force and

effect.

Miscellaneous.

You may notify us by calling us at 1-888-211-4PCS, or use that

number to get our current address for written notice. We may send you notice to

your last known address in our invoicing records, or by calling leaving you a voice

message on your wireless device or home phone. Properly addressed written

notice is effective three days after deposit in the U.S. mail, postage prepaid. This

Agreement is governed by and must be construed under federal law and the laws

of the State of Kansas, without regard to choice of law principles. If either of us

waives or fails to enforce any requirement under this Agreement in any one

instance, that does not waive our right to later enforce that requirement. If any

part of this Agreement is held invalid or unenforceable, the rest of this Agreement

remains in full force and effect. Section headings are for descriptive, non-

interpretive purposes only. You may not assign this Agreement to any other

person or entity without our prior written approval. This Agreement (including

any referenced documents and attachments) makes up the entire agreement

between us and replaces all prior written or spoken agreements.