Wireless Service Terms  -  Data Services Terms  -  Feature Terms  -  Additional Terms - $59.99 Data  -  WiFi Service Terms

By checking “I have read and agree to the service agreement”, you will be bound to the following for the two-year term of the agreement: 1) the Terms of Service, including the binding arbitration clause; 2) the “Plan Terms” and other information regarding your Rate Plan contained on the Rate Plan page; and 3) the terms and conditions and other information regarding features provided on the page where you selected your features. To terminate this agreement, call customer service.  If you prefer not to agree to these terms electronically, click cancel and visit one of our stores.

Wireless service is subject to credit approval.
“Cingular” or “we” “us” or “our” refers to Cingular Wireless, LLC, acting on behalf of its FCC-licensed affiliates doing business as Cingular Wireless and its licensed providers.  “You” or “your” refers to the person or entity that is the customer of record. PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION.  This Agreement requires the use of arbitration to resolve disputes and also limits the remedies available to you in the event of a dispute.

SERVICE COMMITMENT; EARLY TERMINATION FEE
Your Service Commitment begins on the day we activate your service.  You have received certain benefits from us in exchange for any Service Commitment greater than one month.  If we terminate your service for nonpayment or other default before the end of the Service Commitment, or if you terminate your service for any reason other than (a) in accordance with the cancellation policy; or (b) pursuant to a change of terms, conditions, or rates as set forth below, you agree to pay us with respect to each Equipment identifier or telephone number assigned to you, in addition to all other amounts owed, an Early Termination Fee. The Termination Fee is $175.00 (“Early Termination Fee”).  The Early Termination Fee is not a penalty, but rather a charge to compensate us for your failure to satisfy the Service Commitment on which your rate plan is based.  AFTER YOUR SERVICE COMMITMENT, THIS AGREEMENT SHALL AUTOMATICALLY RENEW ON A MONTH-TO-MONTH BASIS UNTIL EITHER PARTY GIVES NOTICE PURSUANT TO THE TERMINATION PROVISION BELOW.

30 DAY CANCELLATION PERIOD/TERMINATION
You may terminate this Agreement within thirty (30) days after activating service without paying an Early Termination Fee.  You will pay for service fees and charges incurred through the termination date, but Cingular will refund your activation fee, if any, if you terminate within three (3) days of activating the service.  Also, you may have to return any handsets and accessories purchased with this Agreement.  If you terminate after the 30^th day but before the expiration of the Agreement’s Service Commitment, you will pay Cingular or its Licensed Provider an Early Termination Fee for each wireless telephone number associated with the service.  Either party may terminate this Agreement at any time after your Service Commitment ends with thirty (30) days notice to the other party.  We may terminate this Agreement at any time without notice if we cease to provide service in your area. We may interrupt or terminate your service without notice for any conduct that we believe violates this Agreement or any terms and conditions of your rate plan, or if you behave in an abusive, derogatory or similarly unreasonable manner with any of our representatives, or if we discover that you are under age, or if you fail to make all required payments when due, or if we have reasonable cause to believe that your Equipment is being used for an unlawful purpose or in a way that may adversely affect our service, or if you provided inaccurate credit information or we believe your credit has deteriorated and you refuse to pay any requested advance payment or deposit. 

CHARGES AND DISPUTES
You are responsible for paying all charges for or resulting from services provided under this Agreement.  You will receive monthly bills that are due in full as shown thereon.  YOU MUST, WITHIN 100 DAYS OF THE DATE OF THE BILL, NOTIFY US IN WRITING AT HAWK ELECTRONICS, LICENSED PROVIDER FOR CINGULAR, 5718 AIRPORT FREEWAY, FORT WORTH, TEXAS 76117 OF ANY DISPUTE YOU HAVE WITH RESPECT TO THE BILL, INCLUDING ANY CHARGES ON THE BILL AND ANY SERVICE WE PROVIDED FOR WHICH YOU WERE BILLED, OR YOU WILL HAVE WAIVED YOUR RIGHT TO DISPUTE THE BILL OR SUCH SERVICES AND TO BRING OR PARTICIPATE IN ANY LEGAL ACTION RAISING ANY SUCH DISPUTE.  Charges include, without limitation, airtime, roamer, recurring monthly service, activation, administrative, and late or service handling fees; regulatory cost recovery and other surcharges; optional feature charges; toll, collect call and directory assistance charges; restoral and reactivation charges, any other charges or calls billed to your telephone number; and applicable taxes and governmental fees, whether assessed directly upon you or upon Cingular.  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 service area, we may reasonably designate a PPU within the licensed service area for you.

DISHONORED CHECKS AND OTHER INSTRUMENTS
We will charge you $30.00 or the highest amount allowed by law, whichever is less, for any check or other instrument (including credit card chargebacks) tendered by you and returned unpaid by a financial institution for any reason.  You agree to reimburse us the fees of any collection agency, which may be based on a percentage at a maximum of 33% of the debt, and all costs and expenses, including reasonable attorneys’ fees, we incur in such collection efforts.

CHANGES TO TERMS AND RATES
We may change any terms, conditions, rates, fees, expenses, or charges regarding your service at any time.   We will provide you with notice of such changes (other than changes to governmental fees, proportional charges for governmental mandates, roamer rates or administrative charges) either in your monthly bill or separately.  You understand and agree that State and Federal Universal Service fees and other governmental imposed fees, whether or not assessed directly upon you, may be increased based upon the government’s or our calculations.  IF WE INCREASE THE PRICE OF ANY OF THE SERVICES TO WHICH YOU SUBSCRIBE, BEYOND THE LIMITS SET FORTH IN YOUR RATE PLAN BROCHURE, OR IF WE MATERIALLY DECREASE THE GEOGRAPHICAL AREA IN WHICH YOUR AIRTIME RATE APPLIES (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 EQUIPMENT, OR OTHERWISE) AND YOU MAY TERMINATE THIS AGREEMENT WITHOUT PAYING AN EARLY TERMINATION FEE OR RETURNING OR PAYING FOR ANY PROMOTIONAL ITEMS, PROVIDED YOUR NOTICE OF TERMINATION IS DELIVERED TO US WITHIN THIRTY (30) DAYS AFTER THE FIRST BILL REFLECTING THIS CHANGE.  If you lose your eligibility for a particular rate plan, we may change your rate plan to one for which you qualify.

CONTINGENT BENEFITS
You may receive or be eligible for certain rate plans, discounts, features, promotions, and other benefits (“Benefits”) through a business or government customer’s agreement with us (“Business Agreement”).  Any and all such Benefits are provided to you solely as a result of the corresponding Business Agreement and such Benefits may be modified or terminated without notice.  If a business or government entity pays your charges or is otherwise liable for the charges, you authorize us to share your account information with that entity/and or its authorized agents.  If you are on a rate plan and/or receive certain Benefits tied to a Business Agreement with us, but you are liable for your own charges, then you authorize us to share enough account information with that entity and/or its authorized agents to verify your continuing eligibility for those Benefits and/or rate plan.  You may receive Benefits because of your agreement to have the charges for your Service billed (“Joint Billing”) by a landline company affiliated with Cingular (“Affililiate”) or because you subscribe to certain service provided by an Affiliate.  If you cancel Joint Billing or the Affiliate service your rates will be adjusted without notice to a rate plan for which you qualify.

EQUIPMENT
Your Equipment must be compatible with, and not interfere with, our service, and must comply with all applicable laws, rules and regulations.  We may periodically program your Equipment remotely with system settings for roaming service and other features that cannot be changed manually.  Equipment purchased for use on our network may not function on other networks.

ADVANCE PAYMENTS AND/OR DEPOSITS
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 credit worthiness as we determine it, we may establish a credit limit and restrict service or features.  If your account balance goes beyond the limit we set for you, we may immediately interrupt or suspend service 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 service.  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. 

LATE PAYMENT CHARGES
You agree that for amounts not paid by the due date, we may charge, as part of its rates and charges, and you agree to pay a late payment fee/service handling fee of $15.00. 

SERVICE LIMITATIONS; LIMITATION OF LIABILITY
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, equipment 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) or certain websites in our sole discretion.  We may, but do not have the obligation to, refuse to transmit any information through the Service and may screen and delete information prior to delivery of that information to you.  There are gaps in service within the service area 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.  WE  MAKE NO WARRANTY, EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, OR PERFORMANCE REGARDING ANY SERVICES OR GOODS, AND IN NO EVENT SHALL WE BE LIABLE, WHETHER OR NOT DUE TO ITS ON NEGLIGENCE, for any: (a) act or omission of a third party; (b) mistakes, omissions, interruptions, errors, failures to transmit, delays or defects in the service provided by or through us; (c) damage or injury caused by the use of service or Equipment, including use in a vehicle; (d) claim against you by third parties; (e) damage or injury caused by a suspension or termination of service by us; or (f) damage or injury caused by failure or delay in connecting a call to 911 or any other emergency service.  Notwithstanding the foregoing, if your service is interrupted for 24 or more continuous hours by a cause within our control, we will issue you, upon request, a credit equal to a pro-rata adjustment of the monthly service fee for the time period your service was unavailable, not to exceed the monthly service fee.  Our liability to you for service failures is limited solely to the credit set forth above.  Unless applicable law precludes parties from clauses, we shall not be 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, service or Equipment provided by or through Cingular, 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 Cingular and its officers, directors, employees, 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 Cingular 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 CINGULAR, or any violation by you of this Agreement.  This obligation shall survive termination of your service with Cingular.  We are not liable to you for changes in operation, equipment or technology that causes your Equipment or software to be rendered obsolete or require modification. 

ACCOUNT ACCESS
You authorize us to provide information about and to make changes to your account, including adding new service, upon direction of any person able to provide information we deem sufficient to identify you.

VOICEMAIL SERVICE
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.

ARBITRATION
Please read this carefully.  It affects your rights.  Cingular and you (such references include our respective subsidiaries, affiliates, predecessors in interest, successors and assigns, and licensed providers) agree to arbitrate all disputes and claims (including ones that already are the subject of litigation) arising out of or relating to this Agreement, or to any prior oral or written agreement, for Equipment or services between Cingular and you.  Notwithstanding the foregoing, either party may bring an individual action in small claims or justice court.  This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision.  A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Intent to Arbitrate (“Notice”). The Notice to us should be addressed to:  Progressive Concepts, Inc., Legal Division, 5718 Airport Freeway, Fort Worth, Texas 76117.  The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”).  If we do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Cingular may commence an arbitration proceeding.  The arbitration shall be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and shall be administered by the AAA.  The AAA Rules are available at www.adr.org  or by writing the Arbitration Notice Address. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the proceeding and upon request from either party within 14 days of the arbitrator’s ruling on the merits. You agree that, BY ENTERING INTO THIS AGREEMENT, YOU AND CINGULAR ARE WAIVING THE RIGHT TO A TRIAL BY JURY. Unless Cingular and you agree otherwise, all hearings conducted shall take place in the county of Cingular or its licensed provider’s corporate office.  You and Cingular agree that YOU MAY ONLY BRING CLAIMS AGAINST CINGULAR IN AN INDIVIDUAL CAPACITY, and not as a plaintiff or class member in any purported class or representative proceeding.  Further, you agree that the arbitrator may not consolidate proceedings or more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding, and that if this specific proviso is found to be unenforceable, then the entirety of this arbitration clause shall be null and void.  Notwithstanding any provision in this Agreement to the contrary, we agree that if we make any change to this arbitration provision (other than a change to the Arbitration Notice Address) during your Service Commitment, you may reject any such change and require that we adhere to the language in this provision.

CREDIT REPORTING AUTHORIZATION
You authorize us to (a) disclose your account information, including your payment history and confidential information, to credit reporting agencies or private credit reporting associations, and (b) periodically obtain and use your credit report and other credit information from any source in connection with Cingular’s offering of wireless and other services.  You understand that if you fail to fulfill the terms of your credit obligations under this Agreement, we may report your failure to a credit reporting agency.

TERMS APPLICABLE TO CINGULAR WIRELESS DATA SERVICES, INCLUDING BUT NOT LIMITED TO, WIRELESS INTERNET, MEDIA NET, LAPTOP CONNECT, BLACKBERRY AND FEATURES WHICH MAY BE INCLUDED WITH SERVICE(S).
(See below for additional Terms applicable to the $59.99 Data Connect Unlimited)

Services are subject to credit approval and may not be available with prepaid rate plans. $36 Activation Fee for new lines. Applicable measured usage will be charged as specified in your plan. For non-GPRS/EDGE/UMTS (GSM Circuit- Switched Data) connections, usage includes all time spent connected. Airtime and other measured usage are billed in full-minute increments and rounded up to the next full minute increment at the end of each call for billing purposes. Anytime Minutes are debited for GSM Circuit-Switched Data connections. Mobile to Mobile and Night and Weekend minutes may not be used for GSM Circuit-Switched Data connections. GPRS/EDGE/UMTS services are billed both monthly and for total volume of data sent and received. Fractions of a kilobyte per session are rounded up to the next whole kilobyte. Data sent and received includes, but is not limited to, Web page loads, e-mail, overhead, and software update checks. If you switch your wireless device connection from a GPRS/EDGE/UMTS to a GSM Circuit-Switched Data connection, you will be billed airtime in one-minute increments as provided by your rate plan. Roaming charges, including applicable kilobyte and/or per-minute airtime charges, will be imposed where roaming service is available. Display on your device will not indicate whether you will incur roaming charges. Services originated or received while outside your Cingular Home Calling Area are subject to roaming charges. WiFi services requiring the use of credit card or other payment directly to the network provider are not part of Cingular's preferred network, if any, and additional charges will apply from the owner of such network. Regular rates and other charges apply when included features are used. Prices do not include taxes, directory assistance, roaming, universal services fees or other exactions and are subject to change. Early termination fee of $240 prorated over the length of the service agreement applies to subscriptions in the following states: FL, GA, SC, NC, AL, KY, TN, LA, NY and parts of IN and NJ. A non-prorated $175 early termination fee applies in all other Cingular areas. Cingular does not guarantee availability of network. Services may be subject to certain equipment and compatibility/limitations including memory, storage, network availability, coverage, accessibility, and data conversion limitations. Services and features are only available in select Cingular Wireless service areas. Use of Services when roaming is dependent upon roaming carrier's support of applicable network technology and functionality. Cingular is not responsible for loss or disclosure of any sensitive information you transmit. Cingular Services are not equivalent to landline Internet. Caller ID blocking is not available when using the Services, and your wireless number is transmitted to Internet sites you visit. You may receive unsolicited messages from third parties as a result of visiting Internet sites, and a per message charge may apply whether the message is read or unread, solicited or unsolicited. Cingular Wireless provides wireless access connectivity. Information is provided by unaffiliated content providers who are subject to change at any time without notice. Cingular is not a publisher of third-party content, and is not responsible for any opinions, advice, statements, other information, services or goods provided by third parties. Third-party content providers may impose additional charges. Data Service sessions may only be conducted for the following purposes: (i) Internet browsing; (ii) e-mail; and (iii) corporate intranet access (including access to corporate e-mail, customer relationship management, sales force automation, and field service automation applications). The Services cannot be used with server devices or host computer applications. Prohibited uses include, but are not limited to, telemetry applications, automated data feeds, continuous jpeg file transfers, Web camera posts or broadcasts, other machine-to-machine applications, and voice over IP. These Services are not intended to provide full-time connections, and the Service may be discontinued after a significant period of inactivity or after sessions of excessive usage. The accuracy, appropriateness, content, completeness, timeliness, usefulness, security, safety, transmission or correct sequencing of any information or downloaded data is not guaranteed by Cingular Wireless or any content providers. Cingular Wireless does not guarantee security. Data encryption is available with some, but not all, data solutions sold by Cingular Wireless. If you use your device to access company e-mail or information, it is your responsibility to ensure your use complies with your company's internal IT and security procedures. Download speeds experienced depend on device characteristics, network availability and coverage levels, tasks, file characteristics and other factors. Performance may be impacted by transmission limitations, terrain, in-building/in-vehicle use and capacity constraints.


Terms Applicable to Features:

Certain features will not be available in all areas at all times. See applicable brochure or visit www.cingular.com for terms applicable to features including Voicemail, Enhanced Voicemail, Roadside Assistance Service provided by Asurion (see Roadside Assistance welcome letter and/or brochures for full terms and conditions), Wireless Phone Insurance (Program underwritten by Continental Casualty Company, a CNA Company (CNA), and administered by lock\line, LLC. lock\line, LLC is a licensed agent of CNA. For complete terms and conditions of Wireless Phone Insurance, please refer to the insurance Coverage Certificate or contact lock\line® at 1-888-562-8662.), Text/Instant Messaging, Directory Assistance, FamilyTalk, Mobile to Mobile Calling and MEdia Net. Regular per-minute airtime rates and other charges apply for calls when included features are used. Cingular and the graphic icon are registered trademarks of Cingular Wireless, LLC. Raising The Bar is a service mark of Cingular Wireless, LLC. © 2005 Cingular Wireless, LLC. All rights reserved.

ADDITIONAL TERMS APPLICABLE TO $59.99 Data Connect Unlimited

Cingular also imposes monthly a Regulatory Cost Recovery/Programs Fee of up to $1.75 to help defray costs incurred in complying with State and Federal telecom regulation; a gross receipts surcharge; and State and Federal Universal Service charges. These are not taxes or government-required charges.

Subscription to eligible voice plan of $39.99 or higher must be maintained on same account. Data Connect unlimited plan at $59.99/mo limited to one per eligible voice line on qualified account. Requires compatible device(s). Separate voice and data devices may be required. Coverage is not available in all areas. Device availability may vary by market. Terms of service will vary based on selected devices and service plans. Up to $36 activation fee applies. Early Termination Fee: None if cancelled in first 30 days; thereafter, $175 per device. Some agents impose additional fees. Roaming outside of the U.S. and Canada requires international roaming plan; additional credit and eligibility restrictions apply. Additional software, hardware and/or subscription to other services may also be required. Additional charges and usage and other restrictions apply. See your Cingular sales representative or applicable agreement, rate plan brochures and coverage maps for details. Cingular and the graphic icon are registered trademarks of Cingular Wireless LLC. Raising The Bar and the graphic icon are trademarks of Cingular Wireless LLC. ©2005 Cingular Wireless LLC. All rights reserved.

IMPORTANT LEGAL LICENSE AND WI-FI SERVICE TERMS AND CONDITIONS:

IN ORDER TO ACCESS CINGULAR COMMUNICATION MANAGER OR CONNECTION MANAGER (HEREINAFTER COLLECTIVELY REFERRED TO AS "COMMUNICATION MANAGER") OR USE THE SOFTWARE YOU MUST BE AT LEAST 18 YEARS OLD. THE "SOFTWARE" INCLUDES SOFTWARE FROM NEW CINGULAR WIRELESS HEADQUARTERS, LLC ("CINGULAR"). THIS INSTALLATION PROCESS (WHICH MAY BE VIA A CD-ROM OR A WEB-BASED DOWNLOAD) PERMITS YOU TO INSTALL THE CURRENT VERSION OF THE SOFTWARE.

IN ORDER TO INSTALL THE SOFTWARE AND USE CINGULAR WI-FI SERVICE ("WI-FI SERVICE") YOU MUST AGREE TO THE FOLLOWING SOFTWARE LICENSE AGREEMENT AND WI-FI SERVICE AGREEMENT. THIS SOFTWARE LICENSE AND WI-FI SERVICE AGREEMENT IS A LEGALLY BINDING CONTRACT THAT SHOULD BE READ IN ITS ENTIRETY. YOUR INSTALLATION OR USE OF THIS SOFTWARE AND/OR WI-FI SERVICE SIGNIFIES YOUR ACCEPTANCE OF THIS AGREEMENT. THE WI-FI TERMS AND CONDITIONS APPLY ONLY IF YOU ACCESS OR USE WI-FI SERVICE, AND THEY ARE IN ADDITION TO, AND NOT IN LIEU OF, THE SERVICE AGREEMENT OR GENERAL TERMS AND CONDITIONS YOU AGREED TO WHEN YOU ACTIVATED WIRELESS SERVICE.

This License and Wi-Fi Service Agreement is a legal agreement between you (either an individual or a single entity) and Cingular for Communication Manager, which includes computer software and may include associated media, printed materials and "online" or electronic documentation, and for Wi-Fi Service as described at www.cingular.com/laptopconnect, as such description may be changed by Cingular from time to time.

PART I. License Agreement:

1. This License Agreement applies to all the software installed by this program that Cingular licenses to you, together with each revised or updated version thereof (the "Software"). This License Agreement also applies to Cingular's liability to you, if any, with respect to any software for which Cingular does not grant you a license (i.e., software which you license directly from the manufacturer).

THIS LICENSE AGREEMENT EXPLAINS HOW YOU MAY USE THIS SOFTWARE. BY CLICKING THE "YES" BUTTON, YOU CONSENT AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS BELOW AND YOU MAY, SUBJECT TO THOSE TERMS AND CONDITIONS, INSTALL AND USE THE SOFTWARE.

2. Single User License Grant. Cingular hereby grants you a limited, non-exclusive, non-transferable license to use the object code version of the Software and any related documentation provided by Cingular solely for your individual, personal use and in accordance with the terms and conditions of this Agreement. Any use of the Software under this License Agreement shall be limited to one copy per device.

3. You may use or copy the Software only as instructed herein, or otherwise instructed in writing by Cingular. You may copy the Software for archival purposes, provided any copy must contain all of the original copyright and proprietary notices. Use or copying the Software for any other purpose is prohibited and is a breach of this License Agreement. As between you and Cingular, the Software files remain the property of Cingular at all times, and Cingular may make changes to the number and/or content of these files directly while you are connected to the Service. This license will terminate upon termination of your membership or right to use the Service. At that time, you must stop using the Software and either return the Software to Cingular or destroy it.

Cingular is not responsible in any way for any software, services, or devices used in connection with the Software, the Service or the Internet, unless such programs, software, services, or devices are recommended or provided to you by Cingular under a separate written agreement.

You acknowledge the Software is proprietary and confidential to Cingular or its suppliers. This License Agreement does not convey any rights of ownership to you; title to and ownership of all rights in trademarks, service marks, patents, copyrights, trade secrets and other intellectual property in the Software and any copy shall remain with Cingular or other third party owners. You shall not transfer, lend, lease, sublicense or otherwise distribute, copy, make derivative works of, reverse engineer, decompile, disassemble, translate or otherwise alter or modify the Software. The Software is licensed, not sold.

The initial user of the Software may make a one-time transfer of the Software to another end user. The transfer must include all component parts, media, printed materials, this License Agreement, and (if applicable) the Certificate of Authenticity. The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the transferred Software must agree to all the License Agreement terms.

4. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND CINGULAR AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. CINGULAR AND ITS SUPPLIERS DO NOT WARRANT THAT THE SOFTWARE IS ERROR FREE, WILL OPERATE WITHOUT INTERRUPTION OR IS COMPATIBLE WITH ALL EQUIPMENT AND SOFTWARE CONFIGURATIONS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CINGULAR OR ITS SUPPLIERS BE LIABLE FOR INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING WITHOUT LIMITATION, LOSS OF INCOME, DATA, OR USE OF INFORMATION, EVEN IF CINGULAR OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, CINGULAR'S ENTIRE LIABILITY TO YOU FOR DIRECT DAMAGES YOU SUFFER AS A RESULT OF YOUR USE OF THE SOFTWARE SHALL BE LIMITED TO THE GREATER OF THE AMOUNT YOU PAID FOR THE SOFTWARE OR US $100.00.

5. You acknowledge that the Software is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments. None of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.

The Software is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraphs (a) through (d) of the Commercial Computer Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause of DFARS and in similar clauses in the NASA FAR Supplement.

6. Performance or Benchmark Testing. You may not disclose the results of any benchmark test using the Software to any third party without Cingular's prior written approval.

7. Reservation of Rights. Cingular reserves all rights not expressly granted to you in this License Agreement.

8. Data Charges. Cingular Communication Manager contains a feature that tracks estimated byte usage. Actual billing will be higher.

9. Termination. Without prejudice to any other rights, Cingular may cancel this agreement if you do not abide by the terms and conditions, in which case you must destroy all copies of the Software and all of its component parts. In addition, Cingular may, without further notice to you, cancel this Agreement and disable your use of the Software if you do not restore or reestablish a Cingular service account within 30 days after the expiration of your then-current Cingular service account. This software license will expire if you do not use the Communication Manager software to connect to a Cingular network for 90 consecutive days.

10. Consent to Use of Data. You agree that Cingular and its affiliates may collect and use technical information you provide as a part of support services, if any, related to the Software Cingular agrees not to use this information in a form that personally identifies you.

11. This License Agreement shall be governed by the laws of the State of New York, except conflict of law rules. The United Nations Convention on the International Sale of Goods shall not apply to this License Agreement. This License Agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. This License Agreement may only be modified, or any rights under it waived by a written document executed by both parties.

12. If, for any reason, a court of competent jurisdiction finds any provision of this License Agreement, or portion thereof, unenforceable, then the remainder of the License Agreement shall continue in full force and effect and will be read to give maximum effect to the intention of the parties as reflected by its plain language.

13. Cingular's failure, in any instance, to exercise any of its rights under this License Agreement will not constitute a general waiver of such or any other rights hereunder.

14. Sections 2 - 14 will survive any termination of this License Agreement.

PART II. Wi-Fi Service Agreement:

1. In order for you to obtain or continue using the Cingular Wi-Fi Service as described at www.cingular.com/laptopconnect, as such description may be changed by Cingular from time to time, you must agree to and accept the terms and conditions related to the Wi-Fi Service as set forth in this PART 2 (the "Wi-Fi Terms and Conditions"). By clicking on the ""YES" button below and using the Wi-Fi Service, you agree to the Wi-Fi Terms and Conditions. The Wi-Fi Terms and Conditions are in addition to, and not in lieu of, the Service Agreement or General Terms and Conditions to which you agreed when you activated wireless service (the "General Terms and Conditions"). By clicking on the "YES" button below and using the Wi-Fi Service, you agree that the definition of Service(s) set forth in the General Terms and Conditions shall include the Wi-Fi Service.

2. Wi-Fi Device/ Wi-Fi Service Availability/Interruption. An 802.11b-compatible computer, card and/or device (collectively, the "Wi-Fi Device") is required to enable the Wi-Fi Service to operate. You are responsible for ensuring that your Wi-Fi Device is compatible with the Wi-Fi Service and meets federal standards. The availability and performance of the Wi-Fi Service is subject to all memory, storage and other limitations in the Wi-Fi Device. Wi-Fi Service is available to your Wi-Fi Device only when it is within the operating range of the Cingular Wi-Fi network or that of an operator with which Cingular has a roaming agreement. Wi-Fi Service access location lists and/or maps may be updated from time to time; actual Wi-Fi Service coverage, locations and quality may vary. Wi-Fi Service is subject to unavailability, including unavailability due to emergencies, collocation failures, transmission and equipment limitations, or maintenance and repair, and may be interrupted, refused, limited, or curtailed. Cingular is not responsible for data, messages or pages that you may lose or that become misdirected because of interruptions or performance issues with the Wi-Fi Service or wireless communications networks more generally. Cingular may impose usage or Wi-Fi Service limits, suspend access to the Wi-Fi Service, or block certain kinds of usage in our sole discretion to protect users or our business. Network speed is no indication of the speed at which your Wi-Fi Device or the Wi-Fi Service sends or receives data. Actual network speed will vary based on Wi-Fi Device configuration, compression and network congestion. The accuracy and timeliness of data received is not guaranteed; delays or omissions may occur.

3. Use of Wi-Fi Service. Unless otherwise set forth by Cingular in writing, you are receiving a single user account solely for your use of the Wi-Fi Service through one Wi-Fi Device per login. You agree not to access the Wi-Fi Service simultaneously through multiple Wi-Fi Devices or to authorize any other entity or individual to use the Wi-Fi Service. Reproduction, retransmission, dissemination or resale of Wi-Fi Service is prohibited without prior written contractual arrangements with Cingular and any required regulatory approvals. You are responsible for the purchase and maintenance of any additional hardware, software and/or Internet access from your Wi-Fi Device required to use the Wi-Fi Service. Your use of the Wi-Fi Service must comply with Cingular's Acceptable Use Policy, found at www.cingular.com/acceptable_use_policy, which you should read carefully. The Acceptable Use Policy is incorporated by reference as part of this Agreement. Our Acceptable Use Policy may be amended from time to time. In addition, you agree to comply with the applicable Acceptable Use Policy when using the Service while roaming on the network of a company with whom Cingular has a roaming arrangement.

4. Term; Termination. Your access to the Wi-Fi Service begins after you click on the "YES" button and begin using the Wi-Fi Service; your access terminates at the termination or expiration of your selected service plan, unless earlier terminated in accordance with this Agreement. If you do not use the Communication Manager software to connect to a Cingular network for 90 consecutive days, or if your license to use the software is otherwise terminated pursuant to this Agreement, you will not be able to access the Wi-Fi Service. Any violation of this Agreement by you may result in the suspension, limitation, or earlier termination of your right to use and access the Wi-Fi Service or such other action as Cingular deems appropriate. You agree that Cingular will have no liability to you for any restriction or termination of your access to the Wi-Fi Service pursuant to such violation or the expiration or termination of your Communication Manager software license.

5. Content Disclaimer. Cingular does do not control, nor is Cingular in any way liable for, data or content that you access or receive via the Wi-Fi Service. The Internet contains unedited materials, some of which are sexually explicit or may be offensive to you. Cingular has no control over and accept no responsibility for such materials. Cingular is not a publisher of third-party content that can be accessed through the Wi-Fi Service, and is not responsible for any opinions, advice, statements, services or other information provided by third parties and accessible through the Wi-Fi Service. You are responsible for evaluating such content. You are responsible for paying all fees and charges from third-party vendors whose sites, products or services you access, buy or use via the Wi-Fi Service. Cingular does not guarantee the accuracy, completeness or usefulness of information that is obtained through the Wi-Fi Service, and delays or omissions may occur. If you choose to use the Wi-Fi Service to access web sites or Content provided by third parties or purchase products from third parties, then your personal information may be available to the third-party provider. The way third parties handle and use your personal information related to the use of their services is governed by their policies and Cingular has no responsibility for their policies, or third parties' compliance with them.

6. Release of Information. You consent to Cingular's release of information about you when we believe release is appropriate to comply with the law (e.g. a lawful subpoena); or to protect users of the Wi-Fi Service and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, the Wi-Fi Service; or if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of records without delay.

7. Charges. You are responsible for paying all charges, including but not limited to: (i) a monthly fee for the right to use the Wi-Fi Service an unlimited number of times (except as noted below) during a 30-day period, and (ii) the price of any Wi-Fi Devices and accessories required to use the Wi-Fi Service. To ensure that the Wi-Fi Service is not being used fraudulently, your usage of the Wi-Fi Service is limited to 150 uses per month. You also must pay applicable Wi-Fi access fees directly to a third party Wi-Fi service provider for non-Cingular Wi-Fi hotspot usage.

8. Limitation of Liability. In addition to the limitations set forth in the General Terms and Conditions applicable to all Cingular services, which are hereby incorporated by reference, Cingular is not responsible for any computer virus or related problems that may be attributable to activities conducted while using the Wi-Fi Service.

9. Copyright Complaints. Cingular respects the intellectual property rights of others. If you believe that your rights under the copyright law have been infringed through use of the Wi-Fi Service, please provide Cingular's copyright agent with the following written information so that Cingular can respond in accordance with the procedure specified in the Digital Millennium Copyright Act, 17 U.S.C. § 512: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright, (2) identification of the material that is claimed to have been infringed, (3) identification of information to permit Cingular to locate the material that is claimed to be infringing, (4) your contact information, including address, telephone number, and e-mail address, (5) your statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agents, or the law, and (6) your statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Cingular© copyright agent for notice of claims of copyright infringement:

Cingular P.O. Box 97061—RTC3 16221 NE 72nd Way Redmond, WA 98052 Attn: Copyright Infringement Agent/Ruby Tarr Phone: 425-580-6214 Fax: 425-580-1767 copyright@cingular.com

10. Privacy. Please refer to the Cingular Privacy Policy at www.cingular.com/privacy  for information about our collection, use, disclosure and protection of information relating to your use of the Wi-Fi Service.

11. Security. Wireless systems use radio channels to transmit data communications over a complex network. Security cannot be guaranteed, and Cingular shall not be liable to you for any lack of security you experience while using the Wi-Fi Service. Cingular has the right to monitor, intercept and disclose any transmissions over or using our facilities, and to provide usage records and related information under certain circumstances (for example, in response to lawful process, orders, subpoenas, or warrants, or to protect our rights or property). You acknowledge that the Wi-Fi Service is not inherently secure and that wireless communications can be intercepted by equipment and software designed for that purpose. The Cingular Wi-Fi Service is not part of the Cingular TDMA, CDPD, GSM, or GPRS/EDGE/UMTS networks and, therefore, does not have the encryption, authentication or other security features that may be available on those networks. Cingular strongly encourages and supports certain customer-provided security solutions, such as virtual private networks (VPNs), but does not provide these to its Wi-Fi users and is not responsible for their effectiveness.

12. Consent to Monitoring and Disclosure. Cingular has no obligation to monitor the Content that is available or transmitted to or by you through the Wi-Fi Service. However, we may monitor these materials periodically to (1) comply with any applicable laws, regulations or other governmental orders; and (2) operate the Wi-Fi Service properly or to protect itself and its users. Cingular has the right, but not the obligation, to suspend or terminate your access and use of the Wi-Fi Service, and block or remove (in whole or in part) any communications and materials transmitted through our Wi-Fi Service that we believe in our sole discretion may violate applicable law, this Agreement or a third party's rights, or is otherwise inappropriate or unacceptable.

13. We reserve the right to modify this Agreement from time-to-time on notice to you. Continued use of the Wi-Fi Service subsequent to notice of such modification means you will be bound by the terms and conditions of the then-current Wi-Fi Terms and Conditions. YOU ACKNOWLEDGE THAT YOU HAVE READ THE ABOVE LICENSE AND WI-FI SERVICE AGREEMENT AND UNDERSTAND IT. BY CLICKING ON THE "YES" BUTTON, YOU CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT WITH RESPECT TO YOUR USE OF THE COVERED SOFTWARE PRODUCT AND WI-FI SERVICE. IF YOU DO NOT AGREE WITH EACH AND EVERY TERM SET FORTH ABOVE, CLICK ON THE "NO" BUTTON. THEREAFTER, DO NOT INSTALL OR USE THE LICENSED SOFTWARE OR OTHERWISE ATTEMPT TO ACCESS THE WI-FI SERVICE.