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PLEASE NOTE: If you're using a device from AT&T or T-Mobile, it must be unlocked by your current carrier prior to activation. If you're uncertain if your device is unlocked, please contact your current carrier to confirm

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The ICCID you entered is not valid or not compatible with our network. Please double check that your entered it correctly or select "I don't have an ICC card.'"

The ICCID card you entered in not compatible with our network. Please make sure you entered it correctly.
To activate your device on our network, you'll need a Sprint ICCID card that is compatible with your device. If you purchased your device from a third party, please check with them to see if they have a compatible Sprint ICCID card. Otherwise, please try activating another device or purchase a new one from our Mobile by Kynect Store.
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Get a new phone number, or easily transfer your existing one.


Account number is not phone number. It is a 9-digit number and can be found at the top center on your billing statement or online profile.

Passcode is your “call-in” passcode when you call customer service.

Account number will be on the bill (it is not the phone number)

Password will be your online password

Call the AT&T Number Transfer Request Line at 1-888-898-7685 to get your account number – it is NOT listed on the online account

The passcode is your 4 digit PIN

Account number is the 10-digit phone number

The PIN is the 4 digits to the immediate right of the phone number in the top right corner of your bill

9-digit account number (not phone number) on your bill

A word for the password.

Your 11-digit phone number (1-NNN-NNN-NNNN) is the account number

The passcode is your 4-digit PIN number (the same PIN used when calling customer service). If you don’t have a PIN you can set one up by calling 611 from your T-Mobile phone and saying “No” when it asks you if you want to refill and then choosing “Manage my account” followed by “Change my account pin.”

The account number is the letter A followed by 11 digits. Some Verizon Prepaid representatives are still providing the old 10 digit account number when asked for account number, so be sure to ask for the "A number" with 11 digits, or call the Verizon porting department at 888-844-7095 for it.

Passcode is “call-in” passcode when you call customer service. It is usually the last four digits of your social security number (unless you specifically changed it to something else).

Account Number is 10 digits, a dash ( - ) and 00001 (012345678900001)

Password is your 4-digit security PIN.

You need to contact Virgin Mobile customer service to get your account number – it will be a 9-Digit number

The passcode is usually the customer’s birthday in 6-digit format (2-digit month/2-digit day/2-digit year. Example: 011065 for January 10th 1965) unless you changed it to something else.

Call Boost at 1-888-266-7848 to get your 9-digit account number. To reach a live person, wait for the opening message to go to English. When prompted, enter your Boost phone number. Press option “4” when the system says “Technical Issues press 4.” Next, listen to all of the 7 or so menu options. At the end of the all these menu options, wait 10 seconds, and you will be prompted to chat with a Boost Customer Care Representative by pressing “0” (zero).” When prompted, enter your 4-digit Boost PIN number.

Passcode is your 4-digit PIN with Boost, the same PIN that you login with

Account number can be found online or by calling the Cricket Porting Department at 1-866-351-7678 (then option #2)

The passcode is the four digit Authorization ID (or “AID”) that you set up when you activated when setting up your online account

Account number is a 9-digit number (not phone number). It can be found on your online profile.

The passcode is your call-in passcode that you choose when activating your MetroPCS service.

Please supply the following information:

The information below should be from your current provider.

This is your Account PIN, not your password
The first name from your current bill
The last name from your current bill
Ex. 123
Ex. Main Street
Ex. NW
Ex. Apt 13

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Monthly Cost

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Identity Verification

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Authorizations

  • CUSTOMER AGREEMENT FOR WIRELESS SERVICES, AN AFFILIATE OF KYNECT LTD.

    Effective as of August 1, 2019

    This Customer Agreement (“Agreement”) for wireless and/or mobile services is between Kynect Ltd. (hereinafter referred to as “Kynect,” “we,” “us,” or “our” and the person or entity that

    is the customer of record (hereinafter “customer,” “you” or “your”).

    BY USING OUR SERVICES, YOU ACCEPT ALL TERMS OF THIS AGREEMENT. IF YOU DO NOT

    AGREE TO ANY TERMS OF THIS AGREEMENT, PLEASE CEASE USING THE SERVICES AND

    PROMPTLY CONTACT KYNECT TO CANCEL YOUR ACCOUNT. PLEASE READ THIS AGREEMENT

    CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION, INCLUDING OUR USE OF

    YOUR LOCATION INFORMATION (SEE SECTION 3.6). THIS AGREEMENT REQUIRES THE USE OF

    ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS

    OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A

    DISPUTE.

    This Agreement, including the Kynect Privacy Policy located at www.wekynect.com, your specific plan

    terms including the rate plan, device charges and other terms provided in the pages where you selected

    your features as well as the terms of service for wireless products, features, applications, and services

    (“Services”) not otherwise described herein that are posted at www.wekynect.com or on devices, and any

    documents expressly referred to herein or therein, make up the complete agreement between you and

    Kynect and supersede any and all prior agreements and understandings relating to the subject matter of

    this Agreement. This Agreement is binding when Service is activated to your specific telephone number(s)

    (each a “Number”). The term “Device” means the wireless transmitting and receiving equipment

    programmed with the Number. Wireless Services may be used with (a) a mobile device that

    contains a SIM that is assigned to your wireless account and/or, (b) a device that is designed and purchased

    for use on our host network.

    We will ask you, and you agree to provide us, with certain personal and other information in order for us to

    provide the Services to you, such as your contact details (in order to deliver invoices and other

    communications to you) and information we require to process your payments, such as your credit card

    information. You need to provide us with current, complete and accurate information, and keep us up-todate as soon as your information changes.

    All personal information that you provide to us will be administered by us in accordance with our privacy

    policy, as amended from time to time. By activating the Services, you consent to us disclosing your personal

    and other information in accordance with our privacy policy, as amended from time to time.

    We reserve the right (but have no obligation) to monitor usage of the Services and disclose information in

    order to satisfy legal, regulatory or governmental requirements, to properly administer the Services and to

    safeguard the Services, any data, software, networks or equipment used to provide the Services and our

    customers.

    When you activate your Service, you will be provided with a telephone number or you may, in some

    circumstances, transfer your wireless number from another carrier using the WLNP process. Please note

    that You have no ownership rights to any telephone number, IP address or any other identifier associated

    with your Service and You acknowledge and agree that we may change any such number, IP address or

    other identifier associated with your Service at any time without prior notice to You.

    1.0 TERM COMMITMENT, CHARGES, BILLING AND PAYMENT

    1.1 What Is The Term Of My Service?

    2

    Your Agreement begins on the day we activate your Service(s) and continues through the day your Service

    is terminated by you or us pursuant to the terms of this Agreement. There is no requirement that you

    maintain service for a specific term length.

    1.2 What are My Rights to Cancel Service and Terminate My Agreement?

    You may terminate your Agreement for any reason, but you agree to pay Kynect for all fees, charges, and

    other amounts incurred and owed under your Agreement through the termination date. You may terminate

    your Service by visiting the Kynect website at www.wekynect.com or by contacting our customer service

    department at 833-859-6328. Any activation fees are not refundable. Promptly upon termination of this

    Agreement for any reason, you agree to return to Kynect any Device you leased, purchased, or received

    from Kynect in accordance with the instructions provided by Kynect. If you fail to return a Device, you will

    be charged the difference between the total amount you paid Kynect for the Device prior to termination and

    the value of the Device when purchased new as determined by Kynect.

    1.3 What are Kynect‘s Rights to Cancel My Service(s) and Terminate My Agreement?

    Kynect may interrupt, delay, suspend, or cancel your Services and terminate your Agreement without

    advance notice for any reason including, but not limited to, the following:

    • Any conduct that we believe violates this Agreement or Kynect’s Acceptable Use Policy, which can

    be found at www.wekynect.com;

    • Any conduct that involves the use of abusive, derogatory, insulting, threatening, vulgar or similarly

    unreasonable language or behavior directed at any of our employees or representatives whether

    it be in person, over the phone, or in writing;

    • You use your Device and/or our Services for any unlawful, unauthorized, abusive, or fraudulent

    purpose or assist others to use the Device and/or our Services for any unlawful, unauthorized,

    abusive, or fraudulent purpose.

    • You use your Device and/or our Services in any way that: (a) is harmful to, interferes with, or

    negatively affects our network, other customers, or the network of any other provider, (b) is harmful

    to, interferes with, or negatively affects our Services or operations, (c) infringes intellectual property

    rights of Kynect or others, (d) results in the publication of threatening, offensive or illegal material,

    or (e) generates spam or other abusive messaging or calling, a security risk, or a violation of

    privacy;

    • You fail to make all required payments when due;

    • Your credit has deteriorated and/or we believe that there is a risk of non-payment;

    • You refuse to pay any required advance payment or deposit;

    • We discover that you are under age;

    • You provide inaccurate or misleading credit information; or

    • You modify your Device from its manufacturer’s specifications.

    Kynect’s rights under this Section 1.3 are in addition to any specific rights that we reserve in other provisions

    of this Agreement to interrupt, suspend, modify, or cancel your Services and terminate your Agreement. If

    your account is cancelled by you or Kynect, you remain liable for all charges through the end of the billing

    cycle in which termination occurred. Any unused Services which exist at the time of termination will not be

    refunded. In addition to permanently terminating your Service, criminal offenses (i.e., threatening violence,

    etc.) may be reported to the appropriate legal authorities for prosecution.

    1.4 Can Kynect Change My Terms And Rates?

    We may change any terms, conditions, rates, fees, expenses, or charges regarding your Services at any

    time. We will provide you with notice of material changes (other than changes to governmental fees,

    proportional charges for governmental mandates, roaming rates, administrative charges, or any other

    charges beyond our control). You agree to pay any additional charges from the date of Service modification

    (even if you paid for your Service in advance). You understand and agree that State and Federal Universal

    Service Fees and other governmentally imposed fees, whether or not assessed directly upon you, may be

    increased based upon the government’s or our calculations.

    3

    IF WE INCREASE THE PRICE OF ANY OF THE SERVICES TO WHICH YOU SUBSCRIBE, BEYOND

    THE LIMITS SET FORTH IN THE PAGES WHERE YOU SELECTED YOUR FEATURES, OR IF WE

    MATERIALLY DECREASE THE GEOGRAPHICAL AREA OF SERVICE (OTHER THAN A TEMPORARY

    DECREASE FOR REPAIRS OR MAINTENANCE), WE WILL DISCLOSE THE CHANGE AT LEAST ONE

    BILLING CYCLE IN ADVANCE (EITHER THROUGH A NOTICE WITH YOUR BILL, A TEXT MESSAGE

    TO YOUR DEVICE, OR OTHERWISE), AND YOU MAY TERMINATE THIS AGREEMENT.

    1.5 How Will I Receive My Bill? What Charges Am I Responsible For? How Much Time Do I Have To

    Dispute My Bill?

    You are responsible for paying all charges for, or resulting from, Services provided under this Agreement,

    including any activation fee that may apply to each voice or data line. Each month, you will receive an

    electronic (paperless) bill from Kynect delivered to your official email address on file with Kynect. You are

    required to keep your email address current and to notify us immediately of any change in your email

    address. Monthly bills are required to be paid in full (including any disputed amounts) by the due date

    shown on your invoice. Billing cycle dates may change from time to time. If you have authorized charges

    to a credit card, debit card or checking account (collectively “Financial Account”), no additional notice or

    consent will be required before billing to that Financial Account. We may require payment by money order,

    cashier’s check, or a similarly secure form of payment at our discretion.

    IF YOU DISPUTE ANY CHARGES ON YOUR BILL, YOU MUST NOTIFY US IN WRITING AT

    14675 Dallas ParkwaySuite 150 Dallas, Texas 75254 WITHIN 60 DAYS OF THE DATE OF THE BILL OR

    YOU WILL HAVE WAIVED YOUR RIGHT TO DISPUTE THE BILL AND TO PARTICIPATE IN ANY LEGAL

    ACTION RAISING SUCH DISPUTE.

    Charges include, without limitation, airtime, roaming, recurring monthly service, activation, administrative,

    and late payment charges; regulatory cost recovery and other surcharges (e.g., Property Tax Allotment

    applied with respect to your Number), optional feature charges; toll, collect call and directory assistance

    charges; restoral and reactivation charges; any other charges or calls billed to your Number; and applicable

    taxes and governmental fees, whether assessed directly upon you or upon Kynect.

    If your Device is lost or stolen, you will be responsible for all charges incurred on your number until you

    terminate Service. You also remain responsible for paying your monthly Service fee if your Service is

    suspended for nonpayment.

    To determine your primary place of use (“PPU”) and which jurisdiction’s taxes and assessments to collect,

    you are required to provide us with your residential or business street address. If you do not provide us with

    such address, or if it falls outside our licensed Services area, we may reasonably designate a PPU within

    the licensed Services area for you. You must live and have a mailing address within one of Kynect’s host

    carrier owned network coverage areas.

    1.6 How Does Kynect Calculate My Bill?

    Usage and monthly fees will be billed as specified in your customer service summary or rate plan

    information online. You may order a Device that will be shipped to you and your Services may be activated

    before you take delivery of the Device so that you can use it promptly upon receipt. Thus, you may be

    charged for Services while your Device is still in transit. You agree to pay for all services used with your

    Device.

    DATA TRANSPORT OR USAGE IS CALCULATED IN FULL-KILOBYTE INCREMENTS, AND ACTUAL

    TRANSPORT OR USAGE IS ROUNDED UP TO THE NEXT FULL-KILOBYTE INCREMENT AT THE END

    OF EACH DATA SESSION FOR BILLING PURPOSES. KYNECT CALCULATES A FULL KILOBYTE OF

    DATA TRANSPORT/USAGE FOR EVERY FRACTION OF THE LAST KILOBYTE OF DATA

    TRANSPORT/USAGE USED ON EACH DATA SESSION. TRANSPORT OR USAGE IS BILLED EITHER

    BY THE KILOBYTE (“KB”) OR MEGABYTE (“MB”). IF BILLED BY MB, THE FULL KBs CALCULATED

    FOR EACH DATA SESSION DURING THE BILLING PERIOD ARE TOTALED AND ROUNDED UP TO

    NEXT FULL MB INCREMENT TO DETERMINE BILLING. IF BILLED BY KB, THE FULL KBs

    CALCULATED FOR EACH DATA SESSION DURING THE BILLING PERIOD ARE TOTALED TO

    DETERMINE BILLING. NETWORK OVERHEAD, SOFTWARE UPDATE REQUESTS, EMAIL

    NOTIFICATIONS, AND RESEND REQUESTS CAUSED BY NETWORK ERRORS CAN INCREASE

    4

    MEASURED KILOBYTES. DATA TRANSPORT/USAGE OCCURS WHENEVER YOUR DEVICE IS

    CONNECTED TO OUR NETWORK AND IS ENGAGED IN ANY DATA TRANSMISSION, AS DISCUSSED

    IN MORE DETAIL IN SECTION 6.4.

    If you select a rate plan that includes a predetermined allotment of Services (for example, a predetermined

    amount of airtime, megabytes or messages), unless otherwise specifically provided as a part of such rate

    plan, any unused allotment of Services from one billing cycle will not carry over to any other billing cycle.

    We may bill you in a format as we determine from time to time. Additional charges may apply for detailed

    information about your usage of Services.

    Billing of usage for calls, messages, data or other Services (such as usage when roaming on other carriers’

    networks, including internationally) may occasionally be delayed. Such usage charges may appear in a

    later billing cycle, will be deducted from Services allotments for the month when the usage is actually billed,

    and may result in additional charges for that month.

    1.7 Are Advance Payments And/Or Deposits Required?

    We may require you to make deposits or advance payments for Services, which we may offset against any

    unpaid balance on your account. Interest will not be paid on advance payments or deposits unless required

    by law. We may require additional advance payments or deposits if we determine that the initial payment

    was inadequate. Based on your creditworthiness as we determine it, we may establish a credit limit and

    restrict Services or features. If your account balance goes beyond the limit we set for you, we may

    immediately interrupt or suspend Services until your balance is brought below the limit. Any charges you

    incur in excess of your limit become immediately due. If you have more than one account with us, you must

    keep all accounts in good standing to maintain Services. If one account is past due or over its limit, all

    accounts in your name are subject to interruption or termination and all other available collection remedies.

    1.8 What if I fail to pay my Wireless Bill when it is due?

    You expressly authorize, and specifically consent to allowing, Kynect and/or its outside collection agencies,

    outside counsel, or other agents to contact you in connection with any and all matters relating to unpaid

    past due charges billed by Kynect to you. You agree that, for attempts to collect unpaid past due charges,

    such contact may be made to any mailing address, telephone number, cellular phone number, e-mail

    address, or any other electronic address that you have provided, or may in the future provide, to Kynect.

    You agree and acknowledge that any e-mail address or any other electronic address that you provide to

    Kynect is your address (i.e., belongs to you) and that your email account is not accessible to unauthorized

    third parties. For attempts to collect unpaid charges, you agree that in addition to individual persons

    attempting to communicate directly with you, any type of contact described above may be made using,

    among other methods, pre-recorded or artificial voice messages delivered by an automatic telephone

    dialing system, pre-set e-mail messages delivered by an automatic e-mailing system, or any other pre-set

    electronic messages delivered by any other automatic electronic messaging system. We will charge you

    up to $30 (or less, depending on applicable law) for any check or other instrument (including credit card

    charge backs) returned unpaid for any reason.

    1.9 Who Can Access My Account and for What Purpose?

    You authorize us to provide information about and to make changes to your account, including the purchase

    of Products and/or Services, upon the direction of any person you identify as authorized user who is able

    to provide your designated password or appropriate identification verification information. Such access will

    include, but is not limited to, the ability to view your account information, make changes to the plans under

    your account, perform upgrades, view payment information, etc. You may make changes to your authorized

    users and password by calling Kynect.

    You consent to the use by us or our authorized agents of regular mail, predictive or autodialing equipment,

    email, text messaging, facsimile or other reasonable means to contact you to advise you about our Services

    or other matters we believe may be of interest to you. In any event, we reserve the right to contact you by

    any means regarding customer service-related notifications, or other such information.

    2.0 HOW DO I RESOLVE DISPUTES WITH KYNECT?

    2.1 Dispute Resolution By Binding Arbitration

    5

    PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

    Summary:

    Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling our customer

    service department at 833-859-6328. IN THE UNLIKELY EVENT THAT KYNECT’S CUSTOMER

    SERVICE DEPARTMENT IS UNABLE TO RESOLVE A COMPLAINT TO YOUR SATISFACTION (OR IF

    KYNECT HAS NOT BEEN ABLE TO RESOLVE A DISPUTE IT HAS WITH YOU AFTER ATTEMPTING

    TO DO SO INFORMALLY), WE EACH AGREE TO RESOLVE THOSE DISPUTES THROUGH BINDING

    ARBITRATION OR SMALL CLAIMS COURT INSTEAD OF IN COURTS OF GENERAL JURISDICTION.

    Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or

    jury, allows for more limited discovery than in court, and is subject to very limited review by courts.

    Arbitrators can award the same damages and relief that a court can award. ANY ARBITRATION UNDER

    THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND

    CLASS ACTIONS ARE NOT PERMITTED. Moreover, in arbitration you are entitled to recover attorneys’

    fees from Kynect to at least the same extent as you would be in court.

    2.2 Arbitration Agreement

    (1) Kynect and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is

    intended to be broadly interpreted. It includes, but is not limited to:

    • claims arising out of or relating to any aspect of the relationship between us, whether based

    in contract, tort, statute, fraud, misrepresentation or any other legal theory;

    • claims that arose before this or any prior Agreement (including, but not limited to, claims

    relating to advertising or marketing);

    • claims that are currently the subject of purported class action litigation in which you are not

    a member of a certified class; and

    • claims that may arise after the termination of this Agreement.

    References to “ Kynect,” “you,” and “us” include our respective subsidiaries, affiliates, agents, employees,

    predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or

    beneficiaries of services or Devices under this or prior Agreements between us. Notwithstanding the

    foregoing, either party may bring an individual action in small claims court. This arbitration agreement does

    not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for

    example, the Federal Communications Commission. Such agencies can, if the law allows, seek relief

    against us on your behalf. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND

    KYNECT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS

    ACTION. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration

    Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive

    termination of this Agreement.

    (2) A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of

    Dispute (“Notice”). The Notice to Kynect should be addressed to: Kynect, 14675 Dallas ParkwaySuite 150

    Dallas, Texas 75254: Attn: General Counsel (“Notice Address”). The Notice must (a) describe the nature

    and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If Kynect and you

    do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Kynect

    may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made

    by Kynect or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if

    any, to which you or Kynect is entitled.

    (3) The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures

    for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”),

    as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online

    at adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is

    bound by the terms of this Agreement. All issues are for the arbitrator to decide, except that issues relating

    to the scope and enforceability of the arbitration provision are for the court to decide. Unless Kynect and

    you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address.

    6

    (6) The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief

    and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND

    KYNECT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS

    INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS

    OR REPRESENTATIVE PROCEEDING. Further, unless both you and Kynect agree otherwise, the

    arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any

    form of a representative or class proceeding. If this specific provision is found to be unenforceable, then

    the entirety of this arbitration provision shall be null and void.

    3.0 TERMS RELATING TO YOUR DEVICE AND CONTENT

    3.1 Your Device

    You are responsible for all phones and devices containing a SIM assigned to your Device. Your Device

    must be compatible with, and not interfere with, our Services and must comply with all applicable laws,

    rules, and regulations. Kynect and/or our host network provider may periodically program your Device

    remotely with system settings for roaming service, to direct your Device to use network services most

    appropriate for your typical usage, and other features that cannot be changed manually.

    You agree to safeguard the SIM card and not to allow any unauthorized person to use your SIM card. You

    agree not to, and not to allow any other person to, directly or indirectly alter, bypass, copy, deactivate,

    remove, reverse-engineer or otherwise circumvent or reproduce the encoded information stored on, or the

    encryption mechanisms of, your SIM card. Any violation of the restrictions on the use of your SIM card that

    are contained in this section may result in the immediate termination of your Service without notice. Kynect,

    or its Service providers, may, from time to time, remotely update or change the encoded information on

    your SIM card.

    When you activate your Service, you will be provided with a Number or you may, in some circumstances,

    port-in a Number from another carrier. Please note that you have no ownership rights to any telephone

    Number, IP address or any other identifier associated with your Service and you acknowledge and agree

    that we (or our host network provider) may change any such Number, IP address or other identifier

    associated with your Service at any time without prior notice to you.

    You agree that you will not make any modifications to your Device or its programming to enable the Device

    to operate on any other system. Kynect or its host network provider may, at its sole and absolute discretion,

    modify the programming to enable the operation of the Device on other systems. No amplifier, enhancer,

    repeater, or other device or system may be used or installed on the wireless network without our prior

    approval and the approval of our host network, if required.

    Some functions and features reference in the manufacturer’s manual provided with your phone may not be

    available on your Service. Certain mobile phone features may not be available throughout the entire

    network or their functionality may be limited.

    If you bought a Device from Kynect, it may have been programmed with a SIM lock which will prevent it

    from operating with other compatible wireless telephone carriers’ services. If you wish to use this Device

    with the service of another wireless telephone carrier, you must enter a numeric Unlock Code to unlock the

    phone. Kynect will provide the process for obtaining the Unlock Code upon request, provided that you meet

    certain criteria including, but not limited to the following: (a) you have paid for your Device in full; (b) your

    account is in good standing (i.e. it has no past due amount or unpaid balance owed to Kynect); (c) your

    Device has not been reported lost or stolen; and (d) Kynect has the Unlock Code or one can reasonably

    obtain it from the manufacturer. Kynect will unlock a maximum of five phones per account, per year. For

    further details on eligibility requirements and for assistance on obtaining the Unlock Code for your handset,

    please call our customer service department.

    You are solely responsible for complying with U.S. Export Control laws and regulations and the import laws

    and regulations of foreign countries when traveling internationally with your Device.

    3.2 Where and How Does Kynect Service Work?

    7

    The wireless telecommunications networks used to transmit calls for the Services purchased herein are

    owned and operated by various licensed commercial mobile radio service providers (“Carriers”), not

    Kynect.

    The wireless Services provided by Kynect include: (a) voice service with included U.S. Domestic (Mobile)

    (local, intrastate and interstate) calling (but voice service does not include International calls unless you

    signed up for a Kynect international calling plan subject to Kynect International Long Distance Service

    Terms and Conditions below), (b) Data Services, (c) Short Messaging Service, (d) regular and advanced

    features as determined by Kynect, in its sole discretion, from time to time, and (e) other advanced features

    or premium features which Kynect, in its sole discretion, may add or offer from time to time.

    Kynect does not guarantee availability of any wireless network. Services may be subject to certain Device

    and compatibility/limitations including memory, storage, network availability, coverage, accessibility and

    data conversion limitations. Services (including without limitation, eligibility requirements, plans, pricing,

    features and/or service areas) are subject to change without notice.

    When outside Kynect’s host network coverage area, access will be limited to information and applications

    previously downloaded to or resident on your device. Coverage areas vary based on the network

    technologies of our host network. See coverage map(s) on our website. Actual data speeds depend upon

    your Device characteristics, existing network conditions, network availability and coverage levels in your

    local area, tasks, file characteristics, applications and other factors. Performance may be impacted by

    transmission limitations, terrain, in-building/in-vehicle use and capacity constraints.

    3.3 What Information, Content, And Applications Are Provided By Third Parties?

    Certain information, applications, or other content is provided by independently owned and operated

    content providers or service providers who are subject to change at any time without notice.

    KYNECT IS NOT A PUBLISHER OF THIRD-PARTY INFORMATION, APPLICATIONS, OR OTHER

    CONTENT AND IS NOT RESPONSIBLE FOR ANY OPINIONS, ADVICE, STATEMENTS, OR OTHER

    INFORMATION, SERVICES OR GOODS PROVIDED BY THIRD PARTIES.

    Third-party content or service providers may impose additional charges. Policies regarding intellectual

    property, privacy and other policies or terms of use may differ among Kynect’s content or service providers

    and you are bound by such policies or terms when you visit their respective sites or use their services. It is

    your responsibility to read the rules or service agreements of each content provider or service provider.

    Any information you involuntarily or voluntarily provide to third parties is governed by their policies or terms.

    The accuracy, appropriateness, content, completeness, timeliness, usefulness, security, safety,

    merchantability, fitness for a particular purpose, transmission or correct sequencing of any application,

    information or downloaded data is not guaranteed or warranted by Kynect, its host network provider or any

    content providers or other third party. Delays or omissions may occur. Neither Kynect nor its content

    providers, service providers or other third parties shall be liable to you for any loss or injury arising out of or

    caused, in whole or in part, by your use of any information, application or content, or any information,

    application, or other content acquired through the Service.

    You acknowledge that every business or personal decision, to some degree or another, represents an

    assumption of risk, and that neither Steam, host network providers, affiliates or content and service

    providers or suppliers, in providing information, applications or other content or services, or access to

    information, applications, or other content underwrites, can underwrite, or assumes your risk in any manner

    whatsoever.

    3.4 How Can I Get Mobile Content?

    You understand that Devices can be used to acquire or purchase goods, content, and services (including

    subscription plans) like ring tones, graphics, games, applications and news alerts from other companies

    (“Content”). You understand that you are responsible for all authorized charges associated with such

    Content from any Device assigned to your account, and that these charges will appear on your bill (including

    charges on behalf of other companies). Any person using any Device assigned to your account to order

    Content on your account may be deemed to have corresponding authority to consent to the use or

    disclosure of your account information, including customer proprietary network information (“CPNI”), to

    8

    facilitate the processing or provisioning of and/or billing for such Content. CPNI is information that relates

    to the quantity, technical configuration, type, destination, location and amount of use of a

    telecommunications service, and you have the right, and Kynect has the duty under federal law, to protect

    the confidentiality of CPNI. You have the right to withhold authorization of this disclosure and use of your

    CPNI without affecting the provision of any service(s) to which you currently subscribe from Kynect.

    You are responsible for reviewing your monthly bills to ensure that all charges for Content are accurate.

    Additionally, you have full-time access to your Content purchase transaction history on our website. You

    may contest and seek refunds for unauthorized purchases and purchases with which you are not satisfied.

    Kynect reserves the right to restrict Content purchases or terminate the account of anyone who seeks

    refunds on improper grounds or otherwise abuses this Service.

    Actual Content may vary based on the Device capabilities. Content may be delivered in multiple messages.

    Content charges are incurred at the stated one-time download rate or subscription rate, plus a per kilobyte

    or per megabyte default pay per use charge for the Content transport when delivered, unless you have a

    data plan and such charges appear separately on your bill. You will be charged each time you download

    Content. Data Service charges apply.

    3.5 Am I Responsible If Someone Makes A Purchase With My Device?

    Except as otherwise provided in this Agreement, if your Device is used by others to make Content

    purchases you are responsible for all such purchases. If this occurs, you are giving those other users your

    authority to:

    1) make Content purchases from those Devices, and to incur charges for those Content purchases that will

    appear on your bill;

    2) give consent required for that Content, including the consent to use that user’s location information to

    deliver customized information to that user’s Device; or

    3) make any representation required for that content, including a representation of the user’s age, if

    requested.

    3.6 Does Kynect Collect Location-Based Network Performance Information From My Device? Can I

    Use Location-Based Services With My Device?

    Kynect (and its host network providers) may collect information about the approximate location of your

    Device in relation to our cell towers and the Global Positioning System (GPS). This information, as well as

    other usage and performance information also obtained from our network and your Device, may be used

    to provide you with wireless voice and data services, and to maintain and improve the network and the

    quality of your wireless experience. Location information may also be used to create aggregate data from

    which your personally identifiable information has been removed or obscured. Such aggregate data may

    be used for a variety of purposes such as scientific and marketing research and services such as vehicle

    traffic volume monitoring. It is your responsibility to notify users on your account that we may collect and

    use location information from Devices.

    Your Device is also capable of using optional Content at your request or the request of a user on your

    account, offered by third parties that make use of a Device’s location information (“Location-Based

    Services”). Please review the terms and conditions and the associated privacy policy for each LocationBased Service to learn how the location information will be used and protected.

    Assuming it is available, our directory assistance service (411) may use the location of a Device to deliver

    relevant customized 411 information based upon the user’s request for a listing or other 411 service. By

    using this directory assistance service, the user is consenting to our use of that user’s location information

    for such purpose. This location information may be disclosed to a third party to perform the directory

    assistance service and for no other purpose. Such location information will be retained only as long as is

    necessary to provide the relevant customized 411 information and will be discarded after such use.

    3.7 What If My Device Is Lost Or Stolen?

    If your wireless Device is lost or stolen, you must contact us immediately to report the Device lost or stolen.

    You are not liable for charges you did not authorize, but the fact that a call was placed from your Device is

    9

    evidence that the call was authorized. Once you report to us that the Device is lost or stolen, you will not

    be responsible for subsequent charges incurred by that Device.

    You can report your Device as lost or stolen and suspend Services without a charge by contacting us at

    the phone number listed on your bill. If there are charges on your bill for calls made after the Device was

    lost or stolen, but before you reported it to us, notify us of the disputed charges and we will investigate. You

    may submit documents, statements and other information to show any charges were not authorized. You

    may be asked to provide information and you may submit information to support your claim. We will advise

    you of the result of our investigation within 30 days. While your phone is suspended you will remain

    responsible for complying with all other obligations under this Agreement, including, but not limited to, your

    monthly fee. We both have a duty to act in good faith in a reasonable and responsible manner including in

    connection with the loss or theft of your Device. (California Customers see Section 11.1 “California: What

    if there are Unauthorized Charges Billed to My Device?” below.)

    4.0 TERMS RELATING TO THE USE AND LIMITATIONS OF SERVICE

    4.1 What Are The Limitations On Service And Liability?

    Unless prohibited by law, the following limitations of liability apply. Service may be interrupted, delayed, or

    otherwise limited for a variety of reasons, including environmental conditions, unavailability of radio

    frequency channels, system capacity, priority access by National Security and Emergency Preparedness

    personnel in the event of a disaster or emergency, coordination with other systems, Device modifications

    and repairs, and problems with the facilities of interconnecting carriers. We may block access to certain

    categories of numbers (e.g., 976, 900, and international destinations) at our sole discretion.

    Additional hardware, software, subscription, credit or debit card, Internet access from your compatible PC

    and/or special network connection may be required and you are solely responsible for arranging for or

    obtaining all such requirements. Some solutions may require third party products and/or services, which

    are subject to any applicable third party terms and conditions and may require separate purchase from

    and/or agreement with the third party provider. Kynect is not responsible for any consequential damages

    caused in any way by the preceding hardware, software or other items/requirements for which you are

    responsible.

    Not all plans or Services are available for purchase or use in all sales channels, in all areas or with all

    devices. Kynect is not responsible for loss or disclosure of any sensitive information you transmit. Kynect’s

    services are not equivalent to wireline Internet. Kynect is not responsible for nonproprietary services or

    their effects on devices.

    We may, but do not have the obligation to, refuse to transmit any information through the Services and may

    screen and delete information prior to delivery of that information to you. There are gaps in service within

    the Services areas shown on coverage maps, which, by their nature, are only approximations of actual

    coverage.

    WE DO NOT GUARANTEE YOU UNINTERRUPTED SERVICE OR COVERAGE. WE CANNOT ASSURE

    YOU THAT IF YOU PLACE A 911 CALL YOU WILL BE FOUND.

    AIRTIME AND OTHER SERVICE CHARGES APPLY TO ALL CALLS, INCLUDING INVOLUNTARILY

    TERMINATED CALLS. KYNECT MAKES NO WARRANTY, EXPRESS OR IMPLIED, OF

    MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, ACCURACY,

    SECURITY, OR PERFORMANCE REGARDING ANY SERVICES, SOFTWARE OR GOODS, AND IN NO

    EVENT SHALL KYNECT BE LIABLE, WHETHER OR NOT DUE TO ITS OWN NEGLIGENCE, for any:

    (a) act or omission of a third party;

    (b) mistakes, omissions, interruptions, errors, failures to transmit, delays, or defects in the Services or

    Software provided by or through us;

    (c) damage or injury caused by the use of Services, Software, or Device, including use in a vehicle;

    (d) claims against you by third parties;

    (e) damage or injury caused by a suspension or termination of Services or Software by Kynect; or

    (f) damage or injury caused by failure or delay in connecting a call to 911 or any other emergency

    service.

    10

    Unless prohibited by law, Kynect isn’t liable for any indirect, special, punitive, incidental or consequential

    losses or damages you or any third party may suffer by use of, or inability to use, Services, Software, or

    Devices provided by or through Kynect, including loss of business or goodwill, revenue or profits, or claims

    of personal injuries.

    To the full extent allowed by law, you hereby release, indemnify, and hold Kynect and its officers, directors,

    employees, successors and assigns, and agents harmless from and against any and all claims of any

    person or entity for damages of any nature arising in any way from or relating to, directly or indirectly,

    service provided by Kynect or any person’s use thereof (including, but not limited to, vehicular damage and

    personal injury), INCLUDING CLAIMS ARISING IN WHOLE OR IN PART FROM THE ALLEGED

    NEGLIGENCE OF OUR HOST NETWORK PROVIDER, or any violation by you of this Agreement. This

    obligation shall survive termination of your Service with Kynect. Kynect is not liable to you for changes in

    operation, equipment, or technology that cause your Device or Software to be rendered obsolete or require

    modification.

    SOME STATES DON’T ALLOW DISCLAIMERS OF IMPLIED WARRANTIES OR LIMITS ON REMEDIES

    FOR BREACH. THEREFORE, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

    THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS

    WHICH VARY FROM STATE TO STATE.

    4.2 How Can I Use My Kynect Service?

    All use of the host wireless network and Services are governed by Kynect’s Acceptable Use Policy, which

    can be found at www.wekynect.com, as determined solely by Kynect. Kynect can revise its Acceptable

    Use Policy at any time without notice by updating this posting.

    4.3 Who Is Responsible For Security?

    Kynect DOES NOT GUARANTEE SECURITY. Data encryption is available with some, but not all, Services

    sold by Kynect. If you use your Device to access company email or information, it is your responsibility to

    ensure your use complies with your company’s internal IT and security procedures.

    4.4 How Can I Use the Software?

    The software, interfaces, documentation, data, and content provided for your Device as may be updated,

    downloaded, or replaced by feature enhancements, software updates, system restore software or data

    generated or provided subsequently by Kynect or its host network provider (hereinafter “Software”) is

    licensed, not sold, to you by Kynect and/or its licensors/suppliers for use only on your Device. Your use of

    the Software shall comply with its intended purposes as determined by us.

    You are not permitted to use the Software in any manner not authorized by this License. You may not (and

    you agree not to enable others to) copy, decompile, reverse engineer, disassemble, reproduce, attempt to

    derive the source code of, decrypt, modify, defeat protective mechanisms, combine with other software, or

    create derivative works of the Software or any portion thereof. You may not rent, lease, lend, sell,

    redistribute, transfer or sublicense the Software or any portion thereof. You agree the Software contains

    proprietary content and information owned by Kynect and/or its licensors/suppliers.

    Kynect and its licensors/suppliers reserve the right to change, suspend, terminate, remove, impose limits

    on the use or access to, or disable access to, the Software at any time without notice and will have no

    liability for doing so. You acknowledge Kynect’s Software licensors/suppliers are intended third party

    beneficiaries of this license, including the indemnification, limitation of liability, disclaimer of warranty

    provisions found in this Agreement.

    4.5 How Can I Use Another Carrier’s Network (Off-Net Usage)?

    4.5.1 Voice

    If your use of minutes on other carrier networks (“off-net voice usage”) during any two consecutive months

    exceeds your off-net voice usage allowance, Kynect (as well as the host network provider) may, at its

    option, terminate all your Services with us), deny your continued use of other carriers’ coverage for any or

    all of these Services for any given period of time (e.g., from the date of notice to the end of the billing cycle,

    11

    or indefinitely), or change your plan to one imposing usage charges for off-net voice usage. Your off-net

    voice usage allowance is 750 minutes.

    4.5.2 Data

    If your use of the Data Services on other carriers’ wireless networks (“off-net data usage”) during any month

    exceeds your off-net data usage allowance, Kynect (as well as the host network provider) may at its option

    terminate your access to all your Services with us, deny your continued use of other carriers’ coverage for

    any or all of these Services for any given period of time (e.g., from the date of notice to the end of the billing

    cycle, or indefinitely), or change your plan to one imposing usage charges for off-net data usage. Off-net

    data speeds will be limited to 2G speeds. Your off-net data usage allowance is 300 MB.

    4.5.3 Messaging

    If you use messaging services on carrier networks other than our host carrier (“off-net messaging usage”)

    during any two consecutive months and exceed your off-net messaging usage allowance, Kynect (as well

    as the host network provider) may, at its option, terminate all your Services with us, deny your continued

    use of other carriers’ coverage for all of these Services for any given period of time (e.g., from the date of

    notice to the end of the billing cycle, or indefinitely), or change your plan to one imposing usage charges

    for off-net messaging usage. Your off-net messaging usage allowance is 1500 messages.

    4.5.4 Notice

    Kynect will provide notice that it intends to take any of the above actions, and you may terminate this

    Agreement upon receiving such notice.

    4.6 How Do I Get Service Outside Kynect ‘s Wireless Network (Roaming)?

    Services originated or received while outside your plan’s included coverage area are subject to roaming

    charges. Domestic roaming charges for wireless data or voice Services may be charged with some plans

    when outside our wireless network. Use of Services when roaming is dependent upon roaming carrier’s

    support of applicable network technology and functionality. Display on your device may not indicate whether

    you will incur roaming charges. Check with roaming carriers individually for support and coverage details.

    Billing for roaming charges may be delayed up to three (3) billing cycles due to reporting between carriers.

    4.6.1 International Roaming

    Compatible device and enrollment in Kynect Global Pass required. Kynect Communications, LLC, in its

    sole discretion, may block your ability to use your device while roaming internationally until eligibility

    criteria are met. International calling rates, which vary by country, apply for all calls placed or received

    while outside the United States, Puerto Rico and U.S.V.I. Please consult

    https://wekynect.com/en/services/mobile/international. All countries may not be available for roaming.

    Availability, quality of coverage and services while roaming are not guaranteed. When roaming

    internationally, you will be charged international roaming airtime rates including when incoming calls are

    routed to voicemail, even if no message is left.

    4.6.1 International Data

    Requires enrollment in Global Pass which includes 2GB of international data. If customer exceeds 2GB of

    international data usage, optional 2GB top up may be purchased from Kynect. To purchase top up call Wireless Services

    at 214-560-5730. Top up may not be combined with allocated amount, any remaining allocated amount will be

    conceded if top up is added. Maximum of 4GB of international data may be used in any given billing period. International

    data usage applies to all data usage outside the U.S., Puerto Rico and U.S.V.I., including accessing cloud-based

    services to upload/download/Kynect content. International data roaming may be reduced to 2G speeds. Kynect may

    send "alerts" via SMS or email, to notify you of data usage. These are courtesy alerts. There is no guarantee you will

    receive them. They are not a guarantee of a particular bill limit.4.6.1. 1 Cruise Ship Roaming:

    Cruise ship roaming rates apply for calls placed or data used while on the ship.

    4.6.1.2 Export Restrictions:

    12

    You are solely responsible for complying with U.S. Export Control laws and regulations, and the import laws

    and regulations of foreign countries when traveling internationally with your Device.

    5.0 WHAT VOICE SERVICES DOES KYNECT OFFER?

    5.1 What Are The General Terms That Apply To All Kynect Voice Rate Plans?

    You may obtain usage information by calling customer service or using one of our automated systems.

    Prices do not include taxes, directory assistance, roaming, Universal Service Fees, and other surcharges.

    Activation Fee may apply for each new line. Included long distance calls can be made from the continental

    United States. Roaming charges do not apply when roaming within the Services area of land-based

    networks in this coverage area. Additional charges apply to Services used outside of this coverage area.

    5.2 Voicemail

    You are solely responsible for establishing and maintaining security passwords to protect against

    unauthorized use of your voicemail service. We reserve the right to change the number of voicemails you

    can store, the length you can store voicemail messages, when we delete voicemail messages, and other

    voicemail features without notice. We may deactivate your voicemail service if you do not initialize it within

    a reasonable period after activation. We will reactivate the service upon your request.

    5.3 Voicemail-To-Text (VMTT)

    If we offer you VMTT, Kynect is not responsible, nor liable for: 1) errors in the conversion of or its inability

    to transcribe voicemail messages to text/email; 2) lost or misdirected messages; or, 3) content that is

    unlawful, harmful, threatening, abusive, obscene, tortious, or otherwise objectionable.

    We do not filter, edit or control voice, text, or email messages, or guarantee the security of messages. We

    can interrupt, restrict or terminate VMTT without notice, if your use of VMTT adversely impacts the network,

    for example that could occur from abnormal calling patterns or an unusually large number of repeated calls

    and messages; or if your use is otherwise abusive, fraudulent, or does not comply with the law.

    You are solely responsible for and will comply with all applicable laws as to the content of any text messages

    or emails you receive from VMTT that you forward or include in a reply to any other person. You authorize

    Kynect or a third party working on Kynect’s behalf to listen to, and transcribe all or part of a voicemail

    message and to convert such voicemail message into text/email, and to use voicemail messages and

    transcriptions to enhance, train and improve speech recognition and transcription services, software and

    equipment.

    Charges for VMTT include the conversion of the voicemail message and the text message sent to your

    wireless device. Additional charges, however, may apply to receiving email on your wireless device from

    VMTT, as well as, replying to or forwarding VMTT messages via SMS (text) or email, depending on your

    plan.

    SMS (text messaging) blocking is incompatible with VMTT. (If you do not have a texting plan on your

    handset, we add a texting pay per use feature when you add VMTT with text delivery.) If you are traveling

    outside the U.S. coverage area, you will incur international data charges for emails received from VMTT,

    as well as, charges for emails you respond to or forward from VMTT, unless you have an international data

    plan and the usage falls within the plan’s usage limits.

    Transcription times cannot be guaranteed. Customers purchasing email delivery are responsible for

    providing a correct email address and updating the email address when changes to the email account are

    made.

    If you choose SMS (text) delivery, VMTT only converts the first 480 characters of a voicemail message into

    text and you will receive up to three text messages of a transcribed message. The transcription, therefore,

    may not include the entire voicemail message with SMS delivery. Adding VMTT will create a new voicemail

    box and all messages and greetings will be deleted from your current voicemail box.

    5.4 Unlimited Voice Services

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    Unlimited voice Services are provided primarily for live dialog between two individuals. If your use of

    unlimited voice Services for conference calling or call forwarding is reasonably considered by Kynect to be

    excessive, Kynect may, at its option, terminate your Service.

    Unlimited voice Services may not be used for monitoring services, data transmissions, transmission of

    broadcasts, transmission of recorded material, or other connections which don’t consist of uninterrupted

    live dialog between two individuals. If Kynect finds that you’re using an unlimited voice Service offering for

    other than live dialog between two individuals, Kynect may, at its option terminate your Service or change

    your plan to one with no unlimited usage components. Kynect will provide notice that it intends to take any

    of the above actions, and you may terminate the agreement.

    5.5 Caller ID

    Your caller identification information (such as your name and phone number) may be displayed on the

    Device or bill of the person receiving your call; technical limitations may, in some circumstances, prevent

    you from blocking the transmission of caller identification information. Caller ID blocking is not available

    when using Data Services, and your wireless number is transmitted to Internet sites you visit.

    5.6 WiFi Calling

    Wi-Fi Calling is available on select devices. Certain services may be incompatible or not available with WiFi Calling and certain apps may be removed from your phone. You must reside in the U.S. and your primary

    usage must occur on our U.S. network. You are not authorized to use the service in countries where Wi-Fi

    Calling is prohibited by law. Use of VPNs to avoid international calling restrictions is a breach of terms and

    conditions and is not supported. 9-1-1 service through Wi-Fi Calling may not be available or may be limited

    or not as accurate compared to traditional 9-1-1 service due to circumstances including, but not limited to,

    relocation of equipment, internet congestion or connection failure, loss of electrical power, delays in

    availability of registered location information and/or other technical problems. So that

    emergency responders can locate the emergency location, customer agrees to always be prepared to

    report their precise location of the emergency to emergency responders and to share this requirement with

    all persons located at the premise.

    6.0 DATA AND MESSAGING SERVICES.

    6.1 What Are The General Terms That Apply To All Data And Messaging Plans?

    Kynect provides wireless data and messaging Services, including but not limited to, features that may be

    used with Data Services and wireless content and applications (“Data Services”). The absolute capacity of

    the wireless data network is limited; consequently, Data Services may only be used for permitted activities.

    Pricing and data allowances for Data Services are device dependent and based on the capabilities and

    capacity of each Device.

    For Data Services with a monthly megabyte (MB) or gigabyte (GB) data allowance, once you exceed

    your monthly data allowance you will be automatically charged for overage as specified in the

    applicable rate plan. All data allowances, including overages, must be used in the billing period in

    which the allowance is provided. Unused data allowances will not roll over to subsequent billing

    periods.

    Kynect data plans are designed for use with only one of the following distinct Device types: Smartphones

    and basic and Quick Messaging phones. Kynect may add offerings for the following, at Kynect’s sole

    discretion: tablets, LaptopConnect cards, stand-alone Mobile Hotspot devices, and Home Bases. A data

    plan designated for one type of device may not be used with another type of device. An Activation Fee

    may apply for each data line.

    KYNECT RESERVES THE RIGHT TO TERMINATE YOUR DATA SERVICES WITH OR WITHOUT

    CAUSE, INCLUDING WITHOUT LIMITATION, UPON EXPIRATION OR TERMINATION OF YOUR

    WIRELESS CUSTOMER AGREEMENT.

    6.2 What Are The Intended Uses Of Our Wireless Data Service?

    The wireless data network offered or provided by Kynect is a shared resource, which each respective

    network operator manages for the benefit of all of its customers so that they can enjoy a consistent, high-

    14

    quality mobile broadband experience and a broad range of mobile Internet services, applications and

    content. However, certain activities and uses of the network by an individual customer or small group of

    customers can negatively impact the use and enjoyment of the network by others. Therefore, certain

    activities and uses of either carrier’s wireless data service are permitted and others are prohibited. The

    terms and conditions of your use of the wireless data service are set forth below.

    Permitted Activities on Our network offering. Our wireless data services are intended to be used for the

    following permitted activities: (i) web browsing; (ii) email; and (iii) intranet access if permitted by your rate

    plan (for example, access to corporate intranets, email, and individual productivity applications like

    customer relationship management, sales force, and field service automation); (iv) uploading and

    downloading applications and content to and from the Internet or third-party application stores, and (v) using

    applications and content without excessively contributing to network congestion.

    You agree to use Our wireless data services only for these permitted activities.

    Prohibited Activities on Our network: The wireless data services by Kynect are not intended to be used

    in any manner which has any of the following effects and such use is prohibited if it: (a) conflicts with

    applicable law or is otherwise unauthorized, abusive, or fraudulent, (b) hinders other customers’ access to

    the wireless network, (c) compromises network security or capacity, (d) excessively and disproportionately

    contributes to network congestion, (e) adversely impacts network service levels or legitimate data flows, (f)

    degrades network performance, (g) causes harm to the network or other customers, (h) is resold either

    alone or as part of any other good or service, (i) tethers a wireless device to a computing device (such as

    a computer, Smartphone, eBook or eReader, media player, laptop, or other devices with similar functions)

    through use of connection kits, applications, devices or accessories (using wired or wireless technology)

    and you have not subscribed to a specific data plan designed for this purpose, or (j) there is a specific data

    plan required for a particular use and you have not subscribed to that plan.

    The following specific uses of Our wireless data service are prohibited:

    • Our wireless data services may not be used in any manner that defeats, obstructs or penetrates,

    or attempts to defeat, obstruct or penetrate the security measures of Our wireless network or

    systems, or another entity’s network or systems; that accesses, or attempts to access without

    authority, the accounts of others; or that adversely affects the ability of other people or systems to

    use either Our wireless services or other parties’ Internet-based resources. For example, this

    includes, but is not limited to, malicious software or “malware” that is designed, intentionally or

    unintentionally, to infiltrate a network or computer system such as spyware, worms, Trojan horses,

    rootkits, and/or crimeware; “denial of service” attacks against a network host or individual user;

    and “spam” or unsolicited commercial or bulk email (or activities that have the effect of facilitating

    unsolicited commercial email or unsolicited bulk e-mail).

    • Our wireless data services may not be used in any manner that has the effect of excessively

    contributing to network congestion, hindering other customers’ access to the network, or degrading

    network performance by maintaining a sustained and continuous wireless data service connection

    or active wireless Internet connection. For example, this includes, but is not limited to, server

    devices or host computer applications such as continuous Web camera posts or broadcasts,

    automatic data feeds, or automated machine-to-machine connections; “auto-responders,” “cancelbots,” or similar automated or manual routines that generate excessive amounts of traffic or that

    disrupt user groups or email use by others; use of the service as a substitute or backup for private

    lines or full-time or dedicated data connections; peer-to-peer (P2P) file sharing services; and

    software or other devices that maintain continuous active Internet connections when a connection

    would otherwise be idle or any “keep alive” functions, unless they adhere to Our data retry

    requirements (as may be modified from time to time).

    • Our wireless data services also may not be used with high bandwidth applications, services and

    content that are not optimized to work with the host network’s wireless data services and, therefore

    disproportionately and excessively contribute to network congestion. This includes, but is not

    limited to, redirecting television signals for viewing on computing devices, web broadcasting, and/or

    the operation of servers, telemetry devices, or supervisory control and data acquisition devices,

    unless they meet the wireless data services optimization requirements of our host network.

    15

    You agree not to use Our wireless data services for any of these prohibited activities.

    Kynect’s Rights to Ensure Compliance. You agree that Kynect has the right to take any and all actions

    necessary to enforce this Section 6.2 if you use Our wireless data services in any manner that is prohibited,

    including, but not limited to, the following actions:

    • Kynect or it’s host network provider may modify, without advance notice, the permitted and

    prohibited activities, and the optimization requirements for your wireless data services;

    • Kynect and/or its host network provider may engage in any reasonable network management

    practice to enhance customer service, to reduce network congestion, to adapt to advances and

    changes in technology, and/or to respond to the availability of wireless bandwidth and spectrum;

    • Our host network provider may reduce your data throughput speeds at any time or place if your

    data usage exceeds an applicable, identified usage threshold during any billing cycle.

    • Kynect and/or its host network provider may use reasonable methods to monitor and collect

    customer usage information to better optimize the operation of the network. Details concerning the

    information that is collected, and how the information is used and protected are addressed in the

    Kynect Privacy Policy.

    • Kynect or our host network provider may interrupt, suspend, cancel or terminate your wireless data

    services without advance notice.

    Unlimited Data Customers. “Unlimited” does not mean that you can use Our wireless data service in any

    way that you choose or for any prohibited activities. You agree that if you use your unlimited data plan in

    any manner that is prohibited, Kynect can limit, restrict, suspend or terminate your data service or switch

    you to a tiered data plan.

    6.3 What Are The Voice And Data Plan Requirements?

    A voice plan is required on all voice-capable Devices, unless specifically noted otherwise in the terms

    governing your plan.

    An eligible tiered pricing data plan is required for certain Devices and Kynect may impose certain usage

    restrictions or procedures on particular types of Devices. Eligible voice and tiered pricing data plans cover

    voice and data usage in the U.S. and do not cover International voice and data usage and charges.

    In the case of the tiered data plan, you will be placed on the data plan which provides you with the greatest

    monthly data usage allowance. If you determine that you do not require that much data usage in a month,

    you may request a lower data tier at a lower monthly recurring fee.

    6.4 How Does Kynect Calculate My Data Usage/Billing for Network Usage?

    DATA TRANSPORT/USAGE OCCURS WHENEVER YOUR DEVICE IS CONNECTED TO OUR

    NETWORK AND IS ENGAGED IN ANY DATA TRANSMISSION, INCLUDING BUT NOT LIMITED TO: (i)

    SENDING OR RECEIVING EMAIL, DOCUMENTS, OR OTHER CONTENT, (ii) ACCESSING WEBSITES,

    OR (iii) DOWNLOADING AND USING APPLICATIONS. SOME APPLICATIONS, CONTENT,

    PROGRAMS, AND SOFTWARE THAT YOU DOWNLOAD OR THAT COMES PRE-LOADED ON YOUR

    DEVICE AUTOMATICALLY AND REGULARLY SEND AND RECEIVE DATA TRANSMISSIONS IN

    ORDER TO FUNCTION PROPERLY, WITHOUT YOU AFFIRMATIVELY INITIATING THE REQUEST

    AND WITHOUT YOUR KNOWLEDGE. FOR EXAMPLE, APPLICATIONS THAT PROVIDE REAL-TIME

    INFORMATION AND LOCATION-BASED APPLICATIONS CONNECT TO OUR NETWORK, AND SEND

    AND RECEIVE UPDATED INFORMATION SO THAT IT IS AVAILABLE TO YOU WHEN YOU WANT TO

    ACCESS IT. IN ADDITION, ANY ADVERTISEMENTS OR ADVERTISER-RELATED MESSAGES OR

    DATA DELIVERED TO YOUR DEVICE, EVEN IF DELIVERED TO AN APPLICATION, AS WELL AS ANY

    MESSAGES OR CONTENT THAT INITIATE IN RESPONSE TO AN ADVERTISEMENT, WILL COUNT

    TOWARD YOUR DATA USAGE. YOU WILL BE BILLED FOR ALL DATA TRANSPORT AND USAGE

    WHEN YOUR DEVICE IS CONNECTED TO OUR NETWORK, INCLUDING THAT WHICH YOU

    AFFIRMATIVELY INITIATE OR THAT WHICH RUNS AUTOMATICALLY IN THE BACKGROUND

    WITHOUT YOUR KNOWLEDGE, AND WHETHER SUCCESSFUL OR NOT. A DATA SESSION

    INITIATED ON THE NETWORK WILL CONTINUE ITS CONNECTION OVER THE NETWORK UNTIL THE

    16

    DATA TRANSMISSION IS CONCLUDED, EVEN WHEN YOU CONNECT TO A WI-FI NETWORK DURING

    THE TRANSMISSION.

    Usage on networks not owned by our host provider is limited as provided in your data plan. Charges will be

    based on the location of the site receiving and transmitting service and not the location of the subscriber.

    Mobile broadband and 4G or other similar access, whether based on current technology or developed in

    the future, requires a compatible device.

    Some Data Services may require an additional monthly subscription fee and/or be subject to additional

    charges and restrictions. Prices do not include taxes, directory assistance, roaming, universal services fees

    or other surcharges.

    In order to assess your usage during an applicable billing period, you may obtain approximate usage

    information by calling customer service.

    6.5 Text Messaging And Picture/Video Messaging

    Messages are limited to 160 characters per message. Kynect does not guarantee delivery of messages.

    Text, Picture, and Video messages, including downloaded content, not delivered within a reasonable period

    of days determined by us in our sole discretion will be deleted. Kynect reserves the right to change this

    delivery period as needed without notification.

    You are charged for each part of messages that are delivered to you in multiple parts. Picture/Video

    Messaging, data plan, and Text Messaging may need to be provisioned on an account in order to use

    Picture/Video Messaging. Some elements of Picture/Video messages may not be accessible, viewable, or

    heard due to limitations on certain wireless phones, PCs, or e-mail.

    Kynect reserves the right to change the Picture/Video message size limit at any time without notification.

    When a single message is sent to multiple recipients, the sender is charged for one message for each

    recipient and each recipient is charged for the message received.

    You may receive unsolicited messages from third parties as a result of visiting Internet sites.

    You agree you will not use our messaging services to send messages that contain advertising or a

    commercial solicitation to any person or entity without their consent. You will have the burden of proving

    consent with clear and convincing evidence if a person or entity complains you did not obtain their consent.

    Consent cannot be evidenced by third party lists you purchased or obtained. You further agree you will not

    use our messaging service to send messages that: (a) are bulk messages (b) are automatically generated;

    (c) can disrupt Kynect’s network; (d) harass or threaten another person (e) interfere with another customer’s

    use or enjoyment of Kynect Services or the services offered by our host network; (f) generate significant or

    serious customer complaints, (g) that falsify or mask the sender/originator of the message; or (h) violate

    any law or regulation. Kynect reserves the right, but is not obligated, to deny, disconnect, suspend, modify

    and/or terminate your messaging service or messaging services with any associated account(s), or to deny,

    disconnect, suspend, modify and/or terminate the account(s), without notice, as to anyone using messaging

    services in any manner that is prohibited. Our failure to take any action in the event of a violation shall not

    be construed as a waiver of the right to enforce such terms, conditions, or policies. Advertising and

    commercial solicitations do not include messaging that: (a) facilitates, completes, or confirms a commercial

    transaction where the recipient of such message has previously agreed to enter into with the sender of

    such message; or (b) provides account information, service or product information, warranty information,

    product recall information, or safety or security information with respect to a commercial product or service

    used or purchased by the recipient of such message.

    6.6 Unlimited Messaging

    Unlimited Messaging Plans or plans with unlimited messaging include only Our Short Messaging Service

    (SMS) and Multimedia Messaging Service (MMS) and not any other messaging services or applications.

    Messages are intended for direct communication between phones and must originate from your phone.

    Messages sent to tablets, laptops, or other connected devices are excluded from our unlimited messaging

    plans. Messages sent through applications may incur data charges. We may terminate or restrict your

    messaging Service for tethered messaging, excessive use or misuse.

    17

    7.0 ARE THERE OTHER TERMS AND CONDITIONS THAT APPLY TO FEATURES AND

    APPLICATIONS?

    Terms and conditions for certain features and applications are provided on the Device at the time of

    feature/application activation or first use. Certain features/applications will not be available in all areas at

    all times.

    8.0 WHAT OTHER TERMS AND CONDITIONS APPLY TO MY WIRELESS SERVICE?

    8.1 Intellectual Property

    You must respect the intellectual property rights of Kynect, our host network provider, our third-party

    content providers, and any other owner of intellectual property whose protected property may appear on

    any website and/or dialogue box controlled by Kynect or accessed through service websites. Except for

    material in the public domain, all material displayed in association with the Service is copyrighted or

    trademarked. Except for personal, non-commercial use, trademarked and copyrighted material may not be

    copied, downloaded, redistributed, modified or otherwise exploited, in whole or in part, without the

    permission of the owner. All other marks contained herein are the property of their respective owners.

    Kynect, the Kynect logo and all other marks contained herein are trademarks of SGE IP Holdco, LLC. All

    rights therein are reserved by us.

    8.2 Severability

    If any provision of this Agreement is found to be unenforceable by a court or agency of competent

    jurisdiction, the remaining provisions will remain in full force and effect. The foregoing does not apply to the

    prohibition against class or representative actions that is part of the arbitration clause; if that prohibition is

    found to be unenforceable, the arbitration clause (but only the arbitration clause) shall be null and void.

    8.3 ASSIGNMENT; GOVERNING LAW, ENGLISH LANGUAGE

    8.3.1 Assignment

    Kynect may assign this Agreement, but you may not assign this Agreement without our prior written

    consent.

    8.3.2 Governing Law

    The law of the state of your billing address shall govern this Agreement except to the extent that such law

    is preempted by or inconsistent with applicable federal law. In the event of a dispute between us, the law

    of the state of your billing address at the time the dispute is commenced, whether in litigation or arbitration,

    shall govern except to the extent that such law is preempted by or inconsistent with applicable federal law.

    8.3.3 English Language

    The original version of this Agreement is in the English language. Any discrepancy or conflicts between the

    English version and any other language version will be resolved with reference to and by interpreting the

    English version.

    8.5 Trial Services

    Trial Services are subject to the terms and conditions of this Agreement; may have limited availability; and

    may be withdrawn at any time.

    8.6 NOTICE REGARDING TRANSMISSION OF WIRELESS EMERGENCY ALERTS (Commercial

    Mobile Alert Service)

    Kynect has chosen to offer wireless emergency alerts within portions of its service area, as defined by the

    terms and conditions of its Agreement, on wireless emergency alert capable devices.

    There is no additional charge for these wireless emergency alerts. Wireless emergency alerts may not be

    available on all devices or in the entire service area, or if a subscriber is outside of the Kynect’s service

    area. In areas in which the emergency alerts are transmitted, such alerts may not be received by a

    subscriber or user of our service even though the subscriber has a device capable of receiving them.

    18

    For details on the availability of this service and wireless emergency alert capable devices, please go to

    www.wekynect.com and click the Wireless Emergency Alerts link. This notice is required by FCC Rule 47

    C.F.R. § 10.250 (Commercial Mobile Alert Service).

    In transmitting emergency alerts pursuant to federal law, Kynect and our host network provider, including

    all officers, directors, employees, vendors, and agents thereof, shall not be liable to any subscriber to, or

    user of, our service or equipment for any act or omission related to or any harm resulting from the

    transmission of, or the failure to transmit, an emergency alert; or the release to a government entity or

    agency, public safety, fire service, law enforcement official, emergency medical service, or emergency

    facility of subscriber information used in connection with delivering an emergency alert.

    9.0 WHAT TERMS APPLY ONLY TO SPECIFIC STATES?

    9.1 California: What If There Are Unauthorized Charges Billed To My Device?

    You are not liable for charges you did not authorize, but the fact that a call was placed from your Device is

    evidence that the call was authorized. Unauthorized charges may include calls made to or from your phone

    or other Device after it was lost or stolen. Once you report to us that the Device is lost or stolen and your

    Device is suspended, you will not be responsible for subsequent charges incurred by that Device. You can

    report your Device as lost or stolen and suspend Services without a charge by contacting us at the phone

    number listed on your bill. If you notify us of any charges on your bill you claim are unauthorized, we will

    investigate. If there are charges on your bill for calls made after the Device was lost or stolen, but before

    you reported it to us, notify us of the disputed charges and we will investigate. You may submit documents,

    statements and other information to show any charges were not authorized. We will advise you of the result

    of our investigation within 30 days. If you do not agree with the outcome, you may file a complaint with the

    California Public Utilities Commission and you may have other legal rights. While an investigation is

    underway, you do not have to pay any charges you dispute or associated late charges, and we will not send

    the disputed amount to collection or file an adverse credit report about it. While your phone is suspended

    you will remain responsible for complying with all other obligations under this Agreement, including but not

    limited to, your monthly fee. We both have a duty to act in good faith and in a reasonable and responsible

    manner including in connection with the loss or theft of your Device.

    9.2 Questions or Issues About Your Service

    Connecticut: If you have any questions or concerns about your Kynect Service, please call our customer

    service department at 833-859-6328. If you are a Connecticut customer and we cannot

    resolve your issue, you have the option of contacting the Public Utilities Regulatory

    Authority (PURA). Online: ct.gov.pura; Phone: 1-800-382-4586; Mail: Connecticut DPUC,

    10 Franklin Square, New Britain, CT 06051.

    Puerto Rico: If you are a Puerto Rico customer and we cannot resolve your issue, you may notify the

    Telecommunications Regulatory Board of Puerto Rico of your grievance. Mail: 500 Ave

    Roberto H. Todd, (Parada 18), San Juan, Puerto Rico 00907-3941; Phone: 1-787-756-

    0804 or 1-866-578-5500; Online: jrtpr.gobierno.pr, in addition to having available

    arbitration, as provided in Section 2.0.

    10. ADDITIONAL TERMS AND CONDITIONS FOR KYNECT INTERNATIONAL LONG DISTANCE

    SERVICE

    10.1 International Long-Distance Service

    These additional terms and conditions apply to customers who purchase and/or use a Kynect Service Plan

    with international long distance (“ILD Service”). A domestic wireless voice plan is required to purchase

    and/or use a Kynect’s ILD service. By purchasing or using Kynect ILD Service, You accept the additional

    terms and conditions set forth below as such terms may be updated from time to time on our website.

    19

    10.2 Does Kynect’s ILD Service allow me to call or message all international or foreign destinations?

    Kynect’s ILD Service allows you to place calls and messages only to select destinations internationally. It

    will not allow you to place or receive calls to/from all destinations or to/from all countries. Kynect’s ILD

    Service excludes calls to certain high cost wireless and landline, non-geographic and premium numbers.

    Please check our website at www.wekynect.com to determine if your international destination(s) are

    available. The available destinations may change without notice at any time.

    Kynect ILD Service is not intended for intrastate dialing in the US, to place calls to area codes 500, 700,

    800, 888, 877, 866, 855, 900, 976, 411 or 555, or to place certain toll-free, operator-assisted, third-party

    billed, directory assistance or collect calls.

    10.3 What rates apply to Kynect’s ILD Service?

    Please check the applicable rates related to specific countries, regions or cities online at

    www.wekynect.com. All rates are subject to change at any time without prior notice. Calls are billed in oneminute increments. Call times for each call are rounded up to the next whole minute and billed in full minute

    increments. Per call charges are rounded up to the next whole penny. You will be charged for calls based

    upon the rates that are effective as of the date and time you place the call.

    International messaging rates for the ILD Service may also vary and are subject to change. International

    texting availability to certain countries is subject to change from time to time without notice. There is no

    guarantee that messages will be received, and we are not responsible for lost or misdirected messages.

    You are responsible for preventing the unauthorized use of your Account and the Service, and you are

    responsible for any reduction in value of your account arising out of authorized and unauthorized use. You

    are responsible for safeguarding your Kynect ILD Service and Account information. Kynect is not

    responsible for and will not issue credit for authorized or unauthorized use.

    10.4 What events or circumstances may affect the availability or quality of your ILD Service?

    Kynect ILD Service may be provided by other carriers, many of whom may not have a direct contractual

    relationship or service level agreements with Kynect. ILD Service provided by these third parties may not

    be the same as service provided in the United States or by other international long distance carriers. Events

    beyond our control may affect the availability and/or quality of service. Coverage and Service are not

    available everywhere. No representation or warranty, express or implied, is made regarding the availability

    of service altogether, the number of minutes available for calls to a particular country or, after having placed

    a call, the remaining number of minutes available for calls to any particular country.

    10.5 How May I Use Kynect ILD Service?

    Kynect ILD Service is to be intended to be initiated by two individuals for personal use for live dialogue.

    ILD Service is not intended for commercial use or resale. Personal use is defined as a call originating from,

    or received by, a Kynect customer to or from another individual talking from a landline or wireless phone

    with an international number at the time of the conversation regardless of the physical location of either

    party at the time of the call. ILD Service may not be used for any other purpose including, but not limited

    to, conference calling, monitoring services, data transmissions, transmissions of broadcasts, transmission

    20

    of recorded material, interconnection to other networks, telemarketing, autodialed calls, other commercial

    uses, or other connections that do not consist of uninterrupted live dialogue between two individuals.

    10.6 May My ILD Service Be Suspended, Terminated, or Restricted?

    Yes. The ILD Service is not for commercial use or resale. Loaning or renting your handset (mobile phone

    or cell phone) or service to other persons for their use or calling, hosting, establishing or maintaining a chat

    line is not considered personal use. We will presume a customer is engaged in non-personal use in violation

    of our terms and conditions if their international long distance calling or messaging usage exceeds three

    times the average usage of our ILD Service subscriber base, and we reserve the right to suspend, terminate

    or restrict your services with no prior notice. You will remain responsible for any charges resulting from any

    and all use in violation of our Terms and Conditions.

    10.7 Kynect will presume certain usage, dialing or calling patterns to indicate that you are using the

    Kynect ILD Service in violation of these Terms and Conditions and we reserve the right to suspend,

    terminate or restrict your Kynect Service without prior notice. If you believe that we are in error, please

    contact Customer Care at 833-859-6328 and depending on the circumstances, we may reactivate your

    Kynect ILD Service. If, however, your usage, dialing or calling patterns continue to violate these Terms and

    Conditions, we reserve the right to suspend, terminate or restrict your Kynect Service with no prior notice.

    You will not receive a refund if your service is suspended, terminated, or restricted. You will remain

    responsible for any charges resulting from any and all use in violation of our Terms and Conditions.

    10.8 You agree not to use Kynect’s ILD Service for any unlawful, abusive, or fraudulent purpose, including,

    for example, using the Service in a way that (a) interferes with our ability to provide the Kynect ILD Service

    to you or to other customers; (b) violates applicable law or this Agreement; (c) avoids your obligation to pay

    for the Service; or (d) is not for consumer use. You agree not to resell your Kynect ILD Service or to use

    your Kynect ILD Service for any unlawful or abusive purpose or in such a way as to create damage or risk

    to our business, reputation, employees, facilities, third parties or to the public generally.

    10.9 You are responsible for any other monthly charges per line that may be imposed for Kynect’s

    provisioning of Kynect ILD service, including but not limited to, applicable taxes, federal and state universal

    service charges, a regulatory Cost Recovery Charge, a gross receipts surcharge, an Administrative Fee,

    and any other applicable government assessments (including without limitation a Property Tax Allotment

    surcharge of $0.20 - $0.45 applied per Corporate Responsibility User’s assigned number) which are not

    government required charges.

    11. ADDITIONAL TERMS AND CONDITIONS FOR USE OF AIRAVE DEVICE

    These additional terms and conditions apply to Kynect’s provision and/or your use of a product provided

    by Kynect called the Airave. The terms contained herein constitute a legally binding agreement. If you

    do not agree to the terms contained in this Agreement, do you not use the Airave. This Agreement is

    effective on: (i) the date you first use the Airave, or (ii) the date you consent to the terms of the

    Agreement, whichever is earlier. The Agreement will remain in effect until you return the Airave and all

    components originally shipped to you in undamaged condition to Kynect, and/or you pay the Airave

    equipment fee as provided below. If you use the Airave or fail to return it to Kynect within 10 days of

    your receipt of the Airave, you will be deemed to have agreed to the terms of this Agreement.

    21

    Basic Definitions. (1) “We,” “us,” “our,” and “Kynect” means Kynect Communications, LLC d/b/a

    Kynect; (2) “you,” “your,” “customer” and “user” mean an account holder or user with us; and (3)

    “Airave” or “Equipment” means a device (i.e., typically called a femtocell device) marketed as Sprint

    AIRAVE™ provided by Kynect to you, which device is generally used to enhance Kynect’s wireless

    service signal. The term also includes any ancillary equipment provided.

    Ownership of Airave. You agree that the Equipment is owned by Kynect. Kynect will retain ownership

    of it at all times during the term of this Agreement. No title to the Airave will transfer to you at any time

    during or after the term of the Agreement. You must return the Equipment to Kynect as provided in

    this Agreement.

    Use of Equipment. You agree to use the Airave solely in connection with Kynect’s wireless services.

    Use of the Airave and Kynect’s wireless services are subject to Kynect’s Customer Agreement for

    Wireless Services, a copy of which can be found at www.wekynect.com/services/mobile. This

    Agreement controls if there is a conflict with Kynect’s Customer Agreement for Wireless Services.

    There may be charge(s) associated with using Kynect’s services in connection with the Airave.

    Replacement of Equipment. Kynect will repair and/or replace, in our sole discretion, Equipment that is

    not operating properly under normal use at no charges unless we determine that the reason the Airave

    is not operating properly is due to damage (e.g., water damage, fire damage, or damage related to

    dropping, tampering, neglecting, or abusing, etc.). You may be responsible for a fee before Kynect will

    repair/replace the damaged equipment. Kynect is not responsible for any other devices or other

    equipment used in connection with the Airave (for example, wireless phone or handset, data card, etc.).

    Nor shall Kynect be liable for any consequential damages to you or any third party resulting from

    equipment that is not operating properly regardless of the reason.

    Return of Airave. The equipment will remain the property of Kynect, and you must return the Airave to

    Kynect if any of the following events occurs: (i) your Wireless service is discontinued or

    terminated for any reason; (ii) the Kynect service used in connection with the Airave, or the Airave

    itself, is never used, discontinued or terminated for any reason; or if Kynect wishes to exchange the

    Equipment. If any of the aforementioned events occurs, you will have 30 days to return the Equipment.

    Failure to return the Equipment in undamaged condition to Kynect within 30 days after the termination

    date will result in you being charged an Equipment Fee up to $140. The Equipment Fee is for each

    individual piece of Equipment (not including ancillary equipment). You will only be responsible for an

    Equipment fee as specifically described herein. If you are responsible for such a fee, Kynect reserves

    the right to charge such fee to your Wireless service account used in connection with the Airave.


    Stream Protective Services Terms of Service

    This Website is owned and controlled by Stream Protective Services ("Company"). By using this Website, you expressly signify and acknowledge that you have read, understood and completely assent to these Terms of Use ("Terms") and agree to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not completely agree to these Terms, do not use this site. Company reserves the right, in its sole discretion, to change, modify, add, or remove portions from these Terms and Website at any time. Your use of the Company Website means you accept any changes. Only that content approved by Company in its sole discretion may be published on this Website. You further expressly agree that by using this site, your rights and obligations as well as the rights and obligations of Company shall be governed by the laws of the State of Florida.

    You agree and hereby authorize Stream Protective Services, its agents and employees, to provide your personally identifiable information (or, if applicable, information about your child you have enrolled) to third parties as provided in our Privacy Policy, as may be amended from time to time. You waive any and all claims against Stream Protective Services. and its agents and employees for the acts or omissions of these third parties with regard to the use or disclosure of such information.

    While enrolling for the products and/or services, we will ask you for the following types of information: contact information (such as name, address, phone number, and e-mail address); sensitive information (such as date of birth, driver’s license number and social security number); personal information to verify your identity and financial information (such as credit card number). This information is required in order to verify your identity, charge you the agreed upon fees for our products and services, and to fulfill our obligation to provide our products and services to you, including communicating with third parties as necessary to provide such products and services, such as identification verification companies, Subscriber reporting agencies, payment validation companies, law enforcement agencies, or others.

    Pricing and Payment

    1. a) This product is billed as a Subscription Service. Subscription Services are billed, as applicable, on the monthly or annual anniversary date of enrollment in the Subscription Services, and when applicable, following any free trial periods. Subscription Services automatically renew WITHOUT notice to you unless you timely notify us or the applicable Marketing Partner or Vendor of your desire to cancel; when applicable, usage charges are billed in arrears, and pre-purchase plans will be billed in advance. We or our designated agent may bill you directly, charge your existing third party account or charge your credit or debit card (collectively "Form of Payment") as you request and as approved by us. We reserve the right to charge outstanding service fees up to six (6) weeks after the conclusion or termination of service.
    2. b) Pricing and Fees. Our fees and charges for any Services, memberships, corporate plans, products, other services or Software are supplied to you during the ordering process or via the Website or over the telephone. Unless otherwise conveyed by an authorized discount offer, this charge will be $39.97 per month for each month of subscription membership. You agree to pay the agreed upon charges applicable to your selected Services, as well as any applicable taxes and other charges including but not limited to activation fees, minimum service fees, no-show fees, fail to cancel fees, termination fees, other nonrecurring charges, and set-up fees. You also agree to pay any additional charges or fees applied to your account, including but not limited to, late payment penalties, overage charges, charges due to insufficient credit or insufficient funds, and restocking fees. When you agree to them, set up fees, activation fees, installation fees and other non-recurring fees, if applicable, will be paid for by you prior to Service provisioning. Certain Services, Software, or products involve monthly or annual recurring subscription charges that are disclosed to you and accepted by you at the time you enroll ("Subscription Services”)

    These Subscription Services require payment by or on behalf of you, via a valid credit or debit card or other payment method, to us. By providing such payment information to us or permitting such to be provide on your behalf, you represent that you are authorized to request transactions using the payment method presented. You authorize and agree to make any required payments for the Services on a timely basis. In the case of any credit or debit card payment by you, you authorize us to: (a) submit a transaction using the card information provided to us; (b) submit automatic recurring transactions, including those on a monthly or annual basis for membership renewals; and (c) obtain automatic updates for cards provided to us. You may cancel your membership at any time by phone at (844) 261-1277. You further acknowledge and agree that, in all cases, you are personally responsible for any applicable state, federal, or other taxes that may be associated with your purchase of the Services unless noted otherwise and we may collect all applicable sales taxes.

    50-Day Trial Membership (Monthly Subscription): You will have full access to the service for 50 days for a nominal trial fee. If You do not cancel the service during the trial period, You will be billed $39.97 exactly 50 days from the date and time you originally registered. For example, if you signed up for the trial on January 1, You would be billed for the first month of service on February 19th. YOUR ACCOUNT WILL CONTINUE TO BE BILLED ON A MONTHLY BASIS UNTIL CANCELLED.

    YOUR MEMBERSHIP WILL RENEW AUTOMATICALLY UNTIL CANCELLED BY YOU. THE RENEWAL FEE AND MANNER OF RENEWAL PAYMENT IS SET FORTH IN THE TERMS OF YOUR OFFER, AND WILL BE $39.97 UNLESS OTHERWISE STATED IN YOUR OFFER. THE MEMBERSHIP FEE IS SET FORTH IN THE TERMS OF YOUR OFFER, AND WILL BE $39.97 UNLESS OTHERWISE STATED IN YOUR OFFER. TO TERMINATE YOUR ENROLLMENT IN OR USE OF THIS PROGRAM YOU MUST CALL (844) 261-1277, OR CANCEL THROUGH YOUR MEMBER PORTAL.

    1. c) Certain Services, Subscription Services, membership plans and purchases are not billed directly by us and are billed to you by third parties and your Form of Payment based on your agreements with such third parties or US. We are not party to the agreements between you and such third parties nor are liable for any marketing claims or terms of service represented to you by such third party, Vendor or Marketing Partner; provided, however, in some cases, such third parties may remunerate us for providing certain services to you.
    2. d) Nonpayment. In the event that payment is not successfully effected on scheduled billing date we reserve the right to attempt to bill your form of payment an additional time to avoid cancellation or suspension of services. However we reserve the right to immediately deny or discontinue your services without notice at any time in the event we, our designated agent, Marketing Partner or Vendor could not affect the placement of charges on your Form of Payment or you fail to make timely payments as agreed.
    3. e) Late Fees. If any portion of your bill is not paid by the due date, we reserve the right to charge you a late fee on unpaid balances and may also terminate or suspend your Service without notice. The late fee will be the greater of 1) five percent (5%) per month or 2) the maximum amount permitted by law. In the event we utilize a collection agency or resort to legal action to recover monies due, you agree to reimburse us for all expenses incurred to recover such monies, including attorneys' fees.
    4. f) ISP, Local telephone, Toll and Long Distance Charges. You are responsible for all telephone charges or Internet access charges billed directly to you by your providers of such services.
    5. g) You have the option to change your Services at any time by notifying us, provided that you qualify for and comply with any requirements of the changed Service.
    6. h) Cancellation and Refunds: If you are billed by us for a Subscription Service and are not satisfied with the Services and wishes to terminate the subscription, you may cancel the Subscription Service by calling us 24 hours a day, 7 days a week. REFUNDS FOR ALL OF SUBSCRIPTION SERVICES ALREADY BILLED WILL BE PROVIDED IF YOU ARE NOT SATISFIED.Cancellations and refunds for Subscription Services provided by our Marketing Partners or Vendors must be arranged for with those parties.
    7. i) We, our Marketing Partners and Vendors reserve the right to increase or decrease fees for Subscription Services for any future or subsequent renewal term, in which case you will be notified of the increased or decreased fee with a minimum of fifteen (15) days notice prior to your next billing period. If you wish to cancel the Subscription Service, you may do so; otherwise the increased or decreased fee shall apply for all subsequent billing periods.

    LEGAL DISCLAIMERS

    THIS WEBSITE AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ON THE WEBSITE, ARE PROVIDED ON AN "AS IS" AND ON AN "AS AVAILABLE" BASIS. Stream Protective Services EXPRESSLY DISCLAIMES ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Stream Protective Services MAKES NO WARRANTY THAT (A) THE WEBSITE, INCLUDING ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ON THE WEBSITE, WILL MEET YOUR REQUIREMENTS; (B) THE WEBSITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OFFERED THROUGH THE WEBSITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF THE PRODUCTS, SERVICES, INFORMATION, OR MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. Any content, materials, information or software downloaded or otherwise obtained through the use of the site is done at your own discretion and risk. Company and its suppliers shall have no responsibility for any damage to your computer system, loss of data or any damages whatsoever of any kind under any theory or form that results from the download of any content, materials, information or software. Company and its suppliers reserve the right to make changes or updates to the site at any time without notice.

    Limitation of Liability

    IN NO EVENT SHALL Stream Protective Services OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE) INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE OR THE TERMINATION OF THE USE OF THE SITE, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) AND EVEN IF Stream Protective Services HAS BEEN INFORMED OF THE POSSIBILITY THEREOF. Some jurisdictions do not allow the limitation or exclusion of liability so some of the above limitations may not apply to you.

    Indemnity

    You agree to defend, indemnify and hold harmless Company, its officers, directors, employees and agents from and against any and all claims, abilities, damages, losses or expenses, including settlement amounts and reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Website. You agree to seek and obtain written permission from Company before agreeing to settle any claim.

    Links

    This Website may contain links that let you leave the Company site. The linked sites are not under the control of Company and Company is not responsible for the contents of any linked site or any link contained in a linked site. Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Company of the site and Company expressly disclaims any and all liability and in no event shall be liable for any damages whatsoever including any special, indirect or consequential damages resulting there from in an action of contract, negligence, tortuous action or claim under any legal theory. Company is not responsible for the privacy practices of such other sites or any other websites that are linked to the Company site that may collect personally identifiable information about you. Company's Privacy Policy does not cover the data collection practices of those linked websites.

    Termination of Use

    You agree that Company may at any time, in its sole discretion, terminate your right to access or use this Website and any account(s) you may have in connection with the Website, with or without notice to you. Company also reserves the right, in its sole discretion, to restrict or terminate the availability of the Website to any other person, geographic area or jurisdiction at any time. No notice is required to effect any such restriction or termination.

    Copyright Notice

    Any concerns or questions about these Terms or the practices of this Website may be addressed to:

    Physical Address:
    Stream Energy
    14675 Dallas Parkway Suite 150
    Dallas, TX 75254

    I authorize Stream Protective Services to deliver the products and services I have ordered today. I understand that my credit card will be billed monthly unless I call to cancel.

    I have read and agree to the Terms of Service of this membership program.

    I further acknowledge the special pricing I am receiving today requires a one (1) year commitment to this program. I agree to make twelve (12) consecutive monthly payments in the amount disclosed above. I understand that cancellation or non-payment within the first twelve (12) months of my membership will result in an early termination fee of $150.00, billed to the credit card I have provided today.

  • The following terms and conditions apply if you are enrolled in AutoPay with Kynect:

      1. You authorize Kynect and/or a third-party that is billing or processing payments on its behalf to charge the credit card, debit card, bank account, or other account at your financial institution that you designated either as your payment method for Kynect’s services at time of enrollment or any time thereafter. You agree that Kynect or said third party may charge the said card or account each month in the amount of the balance due on your monthly Kynect bill.  This includes charges for any products or services that you (or an authorized user) subsequently adds or incurs for Kynect’s products or services.

         2.You agree that the payment method for automatic monthly payments is, and will continue to be, an account that you own or are legally authorized to use for payments. You agree to maintain sufficient availability under your credit card limit or sufficient funds in the account linked to your debit card or financial institution account as necessary to pay your monthly bill in full. 

         3.The automatic monthly charge for the payment method linked to your Kynect account will occur on or after the statement due date shown on your bill. The monthly invoice will constitute notice of any variance in the amount that will be charged. You agree that it is your sole responsibility to update your card information, including the card number and expiration date, from time to time to ensure continuous service under your Kynect agreement.  Failure to do so shall not be deemed a cancellation of your Kynect agreement.  You will remain responsible for all charges for products and services used.

         4 The origination of ACH transactions to your checking or savings account will comply with the provisions of U.S. law.

         5. Kynect or said third party may discontinue processing of recurring charges if it is unable to secure funds for payments due, but not limited to, insufficient or uncollected funds related to your payment method, or due to insufficient or inaccurate information you provided. You agree that Kynect is not responsible for any overdraft fees or other charges you incur as a result of either a recurring or one-time charge.

         6. Cancellation.  You may stop recurring charges from being placed on your credit/debit card, bank account, or other financial account by logging into your Kynect account portal at any time and removing the payment method from autopay; or, you may simply call us toll-free at 1-833-UKynect and ask a customer service agent to remove it.  You agree that cancellation of autopay does not cancel any Kynect wireless product or service. You also agree that if your Kynect product or service is on a promotional rate that requires auto-pay, then cancellation of auto-pay will also cancel any promotional rate.  You agree that you will remain responsible for all charges incurred at the non-promotional rate in effect at the time you cancel autopay.

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