PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. They govern the relationship between you and H2O® Wireless GSM (Locus Telecommunications, Inc.) and explain our respective legal rights concerning all aspects of our relationship. IF YOU USE THE SERVICE OR THE WIRELESS DEVICE, YOU CONSENT TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT USE THE SERVICE OR PHONE AND NOTIFY US IMMEDIATELY TO CANCEL SERVICE. This is an agreement ("Agreement") for wireless radio telecommunications services and related services and/or features ("Service") between you and the entity licensed by the Federal Communications Commission to provide Service in the area associated with your assigned telephone, data and/or messaging number(s) ("Number") that is doing business as H2O® Wireless GSM, ("us" or "we"). The term "Device" means wireless receiving and transmitting equipment that we have authorized to be programmed with the Number. I. SERVICE - Availability/Interruption - Use of Service/Device/Number - Unauthorized Usage - Release of Information - Your Rights to End This Agreement II. CHARGES/PAYMENTS/DEFAULT - Generally - Account Balance - Use of Service/Rates - Default/Termination - Account Information - CPNI Consent III. UNLIMITED USAGE - UNLIMITED Voice Services - UNLIMITED Text Services - UNLIMITED Data Services IV. LIMITATIONS - Limitation of Liability - Indemnification - No Warranties V. RESOLUTION OF DISPUTES - Binding Arbitration - Arbitration Procedures - Costs of Arbitration - Waiver of Class Actions - Limitations Period VI. BROADBAND - Plans and Usage - Account Status - Authorized Use Policy - Data Services and Content VII. H2O BOLTsm - H2O BOLTsm plan - Account Status - Authorized Use Policy - Fraudulent Activities - Unlimited Usage - Data Contents VIII. MISCELLANEOUS - Privacy - Assignment - Notices - Entire Agreement - Governing Laws - Capacity IX. TAXES AND OTHER FEES I. SERVICE Availability/Interruption.H2O® Wireless customers have access to nationwide GSM coverage under the agreement between H2O® Wireless and its underlying carrier. Plan Terms Applicable to H2O® Wireless. Please review the coverage map, which shows a general representation of wireless coverage. The areas shown are proximate. This map may include areas served by unaffiliated carriers and may depict their licensed area rather than an approximation of their coverage. Actual coverage may vary and depends on system availability and system capacity, system repairs and modifications, customer’s equipment, terrain, signal strength, weather and other conditions. LOCUS does not guarantee coverage or network availability. GSM wireless features require a compatible GSM 850/900/1900 dual, tri, or quad band phone, are only available in the GSM features area, and may require local telephone company support and message sender access to computer and modem. Not all features or Service offerings are available. Charges will be based on the location of the site receiving and transmitting the call, not your location. Rates apply to calls made within the H2O® Wireless Coverage Area. Your phone's display does not indicate the rate you will be charged. Use of Service/Device/Number. Reproduction, retransmission, dissemination or resale of Service is prohibited without prior written contractual arrangements from Locus Telecommunications, Inc. and any required regulatory approvals. You are responsible for ensuring that your Device is compatible with our Service and meets federal standards. You are responsible for the purchase and maintenance of any additional hardware, software and/or Internet access from your PC required to use the Service. You consent to receiving advertising, alerts and other broadcast messages from Locus Telecommunications, Inc. or our authorized agents. You have no ownership rights to the Number, any IP address, any e-mail address or any other identifier provisioned by us, our agents or the manufacturer of your Device to be used with the Service, and you agree we may change any such Number, IP address, e-mail address or any other identifier at any time with or without prior notice to you. Any Device purchased through our program has been manufactured to operate exclusively with Service provided by us. The Device cannot be activated with any other wireless carrier. By using Service, you agree to abide by the terms and conditions of any applicable software license. Lost or Stolen Equipment If your mobile phone or device is lost or stolen, you are responsible for charges incurred until you notify us of the loss of your mobile phone or device by visiting our website at www.h2owirelessnow.com or by calling H2O Wireless Customer Service at 1-800-643-4926. Upon receiving notice that your mobile phone or device is lost or stolen, we will suspend your account. If you do not either activate a new mobile phone or device, or notify us that you have found your old mobile phone or device within 15 days of your account expiration, your account will be deactivated, we will assess you a termination charge equal to the balance in your account, which is not refundable, and, if applicable, you will lose your phone number. Mobile Phone Number The mobile phone number we provide for your use is and will remain our property. If you cancel your service or your account is deactivated, we may give the mobile phone number to another customer without notice (unless you transfer the mobile phone number to another telecommunications provider in accordance with applicable regulations). We may also change your mobile phone number at any time. Porting In (Transferring Old Number to H2O) Depending on where you live, you may transfer an existing wireless or landline carrier telephone number to our service for use as your mobile phone number. To switch an existing phone number to us, contact H2O Wireless Customer Service at 1-800-643-4926. Before you call, please have a bill from your existing wireless or landline carrier available. When you switch from another wireless carrier to H2O Wireless, you may have to pay a termination penalty to your former carrier if you terminate your contract early. We will not reimburse you for any fees imposed by other carriers. H2O cannot guarantee that number transfers to or from us will be successful. You will not be able to switch your area code without receiving a new local number. For example, if you move from Los Angeles to New York City, and your Los Angeles number was 213-111-2222, you may keep 213-111-2222 as your number, but you may not switch your number to 212-111-2222. Although you may keep your old number and old area code, you should be aware that your New York friends may pay long distance charges when they call your Los Angeles number from the New York area. Porting Out (Transferring H2O Number away from Us) H2O Wireless cannot guarantee that number transfers to or from us will be successful. If you authorize another carrier to transfer a number away from us, then that is considered a request by you to us to terminate all of the Services associated with that number. Your privacy and personal information are very important to H2O Wireless. H2O Wireless makes every effort to confirm identity of account holder prior to taking any actions on the account. Any person able to provide your SIM card number, account password and verify call details is authorized by you to make changes to your account. You consent to disclosure of any information about you to any person as permitted by law if any Device programmed with your Number calls an emergency service number such as 911 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. Unauthorized Usage. Please read carefully. H2O® Wireless Networks and Services are for your personal use, NOT for commercial use and we reserve the right to modify, extend or cancel this service at any time without notice. Commercial resale of the Equipment is strictly prohibited except by authorized distributors and dealers of Locus Telecommunications, Inc. Exporting of Equipment outside the US is strictly prohibited. You may NOT alter any of the hardware or software in this Equipment. H2O® Wireless is intended for use only within the 50 United States wherever the coverage is available unless separate service plan for International Roaming is compatible. When compatible, a separate agreement, service activation and/or purchase will be required for use, Unlawful, Unauthorized Usage. You agree not to use the Device or Service for any unlawful, unauthorized or abusive purpose or in any way that damages our property or others' property, or interferes with, harms or disrupts our system or other operators' systems or other users. You will comply with all laws while using the Service and you will not transmit any communication or data that would violate any laws, court order, or regulation, or would likely be offensive to the recipient. You are responsible for all content you transmit using the Service. You may not install any amplifiers, enhancers, repeaters or other devices that modify, disrupt or interfere in any way with the radio frequency licensed to us to provide Service. If your Device, user name or password is stolen or Service is fraudulently used, you must immediately notify us and provide us with such documentation and information as we may request (including affidavits and police reports). Until you notify us, you will remain responsible for all charges. We have the right to interrupt or restrict Service to your Number, without notice to you, if we suspect fraudulent, illegal, or abusive activity, including, but not limited to: (a) conducting business operations and practices; (b) offering or disseminating fraudulent goods, services, schemes, or promotions (e.g., make-money-fast schemes, chain letters, and pyramid schemes); and (c) individual or business representation as an authorized 3rd party affiliation or agent for a business entity (e.g., H2O® Wireless ) without the business' prior consent. You agree to cooperate with us in any fraud investigation and to use any fraud prevention measures we prescribe. Failure to provide reasonable cooperation may result in your liability for all fraudulent usage. UNLIMITED Usage. You agree that the H2O® Wireless MONTH and DAY plans are to be used for voice and SMS messaging only between two individuals. You agree that the Service is not to be used for any type of monitoring service, data transmission, transmission of recorded material or broadcasts, call forwarding, conference calling or other use that does not consist of uninterrupted live voice or SMS messaging between two individuals. LOCUS may terminate or suspend Service or change your plan to one that does not offer unlimited Service if Locus determines that you are using the unlimited Service offer in an unauthorized manner as described in this section. UNLIMITED Voice Services. UNLIMITED voice services are provided solely for live dialog between two individuals. UNLIMITED voice services may not be used for conference calling, 3-way calling, call forwarding, monitoring services, data transmissions, transmission of broadcasts, transmission of recorded material, or other connections that do not consist of uninterrupted live dialog between two individuals. If LOCUS finds that you are using an UNLIMITED voice service offering for anything other than live dialog between two individuals, LOCUS may at its option terminate your service or change your plan to one with no UNLIMITED usage components without prior notice to you. UNLIMITED Text Services. UNLIMITED DOES NOT MEAN UNREASONABLE USE. UNLIMITED text services are provided solely for live messaging purposes between two individuals. UNLIMITED text services may not be used for Premium SMS which utilizes short codes, SMS chat programs, monitoring services, data transmissions, or other connections that do not consist of uninterrupted live messaging purposes between two individuals. If LOCUS finds that you are using an UNLIMITED text service offering for anything other than live messaging purposes between two individuals, LOCUS may at its option terminate your service or change your plan to one with no UNLIMITED usage components without prior notice to you. Text messages are limited to 160 characters per message. Premium text messages are NOT permitted under UNLIMITED Text Services. Picture/video messages are currently NOT available for H2O® Wireless subscribers. H2O® Wireless UNLIMITED currently supports international text messaging. LOCUS does not guarantee delivery of messages and reserves the right to change this offer as needed without notification. Text messages, including downloaded content, not delivered within 7 days will be deleted. LOCUS 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. 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. Specific Terms and Restrictions on Using Data Services. The Data Plans or Features are for individual use only and you may not offer them for resale. You are responsible for all data activity from and to your device, regardless of who initiates the activity. Estimates of data usage will vary from actual use. Your Data Plan is intended for Web browsing, messaging, and similar activities on your device and not on any other equipment. Unless explicitly permitted by your Data Plan, other uses, including for example, tethering your device to a personal computer or other hardware, are not permitted. You may not use the Data Service: (1) with server devices or host computer applications, including, but not limited to, Web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections or peer-to-peer (P2P) file sharing or other systems that drive continuous heavy traffic or data sessions; (2) as a substitute or backup for private lines or frame relay connections, (3) with "auto-responders," "cancel-bots," or similar automated or manual routines which generate excessive amounts of net traffic, or which disrupt net user groups or email use by others, (4) "spam" or unsolicited commercial or bulk email (or activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email); or (5) any activity that adversely affects the ability of other people or systems to use either H2O® Wireless services or other parties' Internet-based resources. Locus further reserves the right to take measures to protect our network and other users from harm, compromised capacity or degradation in performance. These measures may impact your service, and Locus reserves the right to deny, modify or terminate service, with or without notice, to anyone we believe is using Data Plans or Features in a manner that adversely impacts our network performance or hinders access to our network. Locus may monitor your compliance, or the compliance of other subscribers, with these terms and conditions, but we will not monitor the content of your communications except as otherwise expressly permitted or required by law. Data services allow you to access the Internet to view, download and send text, pictures, games, graphics, music, email, sound and other materials ("Content"). The absolute capacity of the wireless data network is limited. Compatible data-enabled wireless devices are required. LOCUS does not endorse the Content, features, or software offered by third parties. Your relationship with providers of Content is between you and them. LOCUS make no representations or warranties, express or implied, regarding any content offered by a third party that you may utilize or otherwise access while using your mobile phone or device, including, to the extent permitted by applicable law, any warranty or merchantability, fitness for a particular purpose, quality, non-infringement, performance or accuracy. LOCUS has no control over the Content on any website that you may access via your mobile phone or device. The Content provided by LOCUS is for your private, non-commercial use only. You may not sell or resell Content. You may not upload and transmit or broadcast Content in public places. You will be solely responsible if you engage in any unauthorized use of Content. Traffic Pumping. “Traffic pumping” refers to unscrupulous practice by which Local Exchange Telephone Carriers (LEC) done to inflate the volume of incoming calls to their networks, and profit from the greatly increased inter-carrier compensation fees. Prohibited types of “traffic pumping” schemes include, but are not limited to: “free” or very low cost chat lines, conferencing services, voice mail, and international calling such that the traffic pumper (1) establishes high terminating access charges (typically based on false pretences), (2) enter into traffic pumping kickback arrangements with pornographic chat-lines or other calling services that agree to advertise the service on Internet websites and other media and to route the millions of calls associated with their nominally "free" services through the LEC's exchange, and (3) bills terminating access charges to interexchange carriers for these calls between non-residents of the rural communities they serve and shares those spoils with the calling service partners that directed the traffic to or through the LEC's exchange. For the reasons stated, LOCUS and the respective network carrier reserve the right to declare such traffic pumping practices to be unlawful and unreasonable, therefore, reserve the right to suspend or terminate the service without prior notice. Release of Information. You consent to our release of information about you when we believe release is appropriate to comply with the law (e.g. a lawful subpoena, E911 information); to enforce or apply our customer agreements; to initiate, render, bill and collect for Services; to protect our rights or property; to protect users of those Services and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, such Services; 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. You are deemed to have reviewed and consented to our Privacy Policy posted on our website at www.H2OWirelessNow.com . Your Rights to End This Agreement. You may terminate your Service at any time by notifying us of your intention to terminate Service. There is no penalty or termination fee; however, it may take up to 30 days to process the termination request and the balance remaining in your account is forfeited upon termination of Service. Your Service will resume and the termination request will be cancelled if you use your Service prior to our processing your termination notification. II. CHARGES/PAYMENTS/DEFAULT Generally. You are responsible for paying all charges, including but not limited to: airtime, access, features, voice mail access, voice mail delivery, data usage, text messages, downloadable content, alerts, roaming, long distance, directory and operator assistance charges, the price of Devices and accessories, charges for other goods and services and shipping/handling fees. You will be billed at domestic airtime or roaming rates (please refer to rate card) for 800, 866, 877, 888, and other "toll free" calls. Applicable international charges will always be billed for direct dial calls placed from your wireless phone. A long distance provider chosen by Locus Telecommunications, Inc. will provide your long distance. For all calls, the length of the call will be measured during the time that you are connected to our system, which is approximately from the time you press "Send" or other key to begin a call until approximately the time you press "End," or other key to terminate the call. Airtime usage on each call is deducted in full minute increments, with partial minutes of use rounded up to the next full minute. For calls placed in the United States, you will not be charged for busy or unconnected calls if you press "End" or "No" within 30 seconds. Unanswered calls lasting 30 seconds or more will be charged standard airtime and rounded up to the nearest minute. Call waiting, 3-way calling, call forwarding, voicemail will incur applicable airtime or roaming and wireless long distance charges. Please note you may be charged a higher rate for calls made off-network. You will be charged for any check or electronic bank draft returned for non-payment. Please refer to your rate card for details. Account Balance. All charges incurred will be deducted automatically from your account. Any amounts loaded into your account are not transferable or refundable. You should take reasonable efforts to safeguard your Phone and replenishment airtime cards. No refunds or other compensations will be given for returned, expired, lost, damaged, or stolen cards. Amounts deposited to your account expire between 30 to 90 days depending on card denomination. However, if additional amounts are placed into your account before the current account balance expires, the existing balance will be carried over to the new expiration date. If new amounts are not added to your account prior to the expiration date any remaining amounts will be forfeited. Your account will be canceled if there is no usage (billable or non-billable) or if the balance remains as $0 for 30 consecutive days or more and you may be required to pay a fee to resume service. Credit card replenishment is available; limitations apply. In some instances you may be able to complete a call when the billing functionality is interrupted. When this occurs you will not receive correct balance information. All calls, however, will be deducted from your account and the balance updated when the billing functionality is operable. You are responsible for all data usage sent through our network and associated with the Device, regardless of whether the Device actually receives the information. For H2O® Wireless MONTH plan only: Airtime expiration is 30 days from date loaded onto your phone. To ensure uninterrupted service, you are required to recharge your account every 30 days. Your account will be canceled if the balance remains at $0 for 30 consecutive days or more. For H2O® Wireless $2/DAY Unlimited plan only: $2 daily fee will be assessed regardless of usage; your H2O $2/DAY Unlimited ($10) card will expire in 5 days from date loaded onto your phone and H2O $2/DAY Unlimited ($20) in 10 days. To ensure uninterrupted service, you are required to recharge your H2O® Wireless account before it expires. Your account will be cancelled if the balance remains at $0 for 30 consecutive days or more. Airtime cards can be stacked (e.g. If you buy 4 $10 cards, you can add at once to use for 20 days without service interruption). Use of Service/Rates. Your Service rates and other charges and conditions for each Number or Phone are described in the replenishment card packaging, at our website at www.H2OWirelessNow.com, and in the "Sales Information" (the user guide and other printed materials provided by us either in the Starter Kit you received when submitting your Device for use with the Service or in the packaging of the Device you purchased to be used with the Service) you received, each of which is a part of this Agreement. You can place domestic and international calls from the U.S. to certain designated international locations. The prepaid per minute rates are based on the card value purchased. International rates vary and are subject to change. Call Customer Care (at the number listed on our website or in your replenishment card packaging) or visit www.H2OWirelessNow.com for international rates and available countries. You cannot use the Service to place calls to 500, 700, 855, 900 or 976 numbers; or to place operator-assisted calls such as third-party-billed, and collect calls. Rates for calls to directory assistance are $3.00 per call plus airtime or roaming charges. You will be billed at domestic rates for 800, 888, 877, and 866 number calls. You are responsible for all taxes and surcharges associated with your use of the Service. Other than calls to 911, you can only make and receive calls when your account has a positive balance. Special dialing patterns may be required when making roaming calls. Some locations require a credit card to complete a call; these rates will be higher. When in these areas, you will not be able to receive calls. Prepaid wireless service is not available for purchase or use in all areas. When using Call Waiting or Three-Way Calling, you will incur two simultaneous airtime charges and if you disconnect from a conference call while the other two parties remain connected, you will continue to incur airtime charges for all calls. For H2O® Wireless MINUTE plan: Call-forwarding feature is NOT permitted without an initial recharge of H2O® Wireless service. Using Call-forwarding feature without an initial recharge will incur charges and may result in service interruption. For H2O® Wireless DAY plan: Nights are local time 9:00pm to 6:59am Mon.-Fri.; Weekends are local time 9:00pm Fri. to 6:59am Mon. Call-forwarding feature is NOT permitted without an initial recharge of H2O® Wireless service. Using Call-forwarding feature without an initial recharge will incur charges and may result in service interruption. For H2O® Wireless $2/DAY Unlimited plan: Directory assistance, International Calling, Premium Text Messaging, Call Forwarding, 3-way Calling, Roaming, and Web Access are NOT available. Default/Termination. If you breach any representation to us or fail to perform any of the promises you made in the Agreement, you will be in default and we may, without notice to you, suspend Service and/or terminate this Agreement, in addition to all other remedies available to us. Account Information. Any person able to provide your Number and personal identification number is authorized by you to make changes to your account. You consent to disclosure of any information about you to any person as permitted by law if any Device programmed with your Number calls an emergency service number such as 911 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. CPNI Consent. Under federal law, you have a right, and we have a duty, to protect the confidentiality of information about the amount, type, and destination of your wireless service usage (CPNI). You consent to us sharing your CPNI with Locus Telecommunications, Inc., its affiliates and its contractors, to develop or bring to your attention any products and services. This consent survives the termination of your Service and is valid until you remove it. To remove this consent at any time, notify us in writing at Locus Telecommunications, Inc. Attn: CPNI, P.O. Box 376 Fort Lee, NJ 07024, providing your name, home address, home telephone including area code, and personal identification number. Removing consent will not affect your current Service. III. UNLIMITED USAGE You agree that the H2O® Wireless MONTH and DAY plans are to be used for voice and SMS messaging only between two individuals. You agree that the Service is not to be used for any type of monitoring service, data transmission, transmission of recorded material or broadcasts, call forwarding, conference calling or other use that does not consist of uninterrupted live voice or SMS messaging between two individuals. LOCUS may terminate or suspend Service or change your plan to one that does not offer unlimited Service if Locus determines that you are using the unlimited Service offer in an unauthorized manner as described in this section. UNLIMITED Voice Services. UNLIMITED DOES NOT MEAN UNREASONABLE AND/OR EXCESSIVE USE. UNLIMITED voice services are provided solely for live dialog between two individuals. UNLIMITED voice services may not be used for conference calling, 3-way calling, call forwarding, monitoring services, data transmissions, transmission of broadcasts, transmission of recorded material, or other connections that do not consist of uninterrupted live dialog between two individuals. If LOCUS finds that you are using an UNLIMITED voice service offering for anything other than live dialog between two individuals, LOCUS may at its option terminate your service or change your plan to one with no UNLIMITED usage components without prior notice to you. UNLIMITED Text Services. UNLIMITED DOES NOT MEAN UNREASONABLE AND/OR EXCESSIVE USE. UNLIMITED DOES NOT MEAN UNREASONABLE USE. UNLIMITED text services are provided solely for live messaging purposes between two individuals. UNLIMITED text services may not be used for Premium SMS which utilizes short codes, SMS chat programs, monitoring services, data transmissions, or other connections that do not consist of uninterrupted live messaging purposes between two individuals. If LOCUS finds that you are using an UNLIMITED text service offering for anything other than live messaging purposes between two individuals, LOCUS may at its option terminate your service or change your plan to one with no UNLIMITED usage components without prior notice to you. Text messages are limited to 160 characters per message. Premium text messages are NOT permitted under UNLIMITED Text Services. Picture/video messages are currently NOT available for H2O® Wireless subscribers. H2O® Wireless UNLIMITED currently supports international text messaging. LOCUS does not guarantee delivery of messages and reserves the right to change this offer as needed without notification. Text messages, including downloaded content, not delivered within 7 days will be deleted. LOCUS 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. 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. UNLIMITED Data Services. UNLIMITED DOES NOT MEAN UNREASONABLE AND/OR EXCESSIVE USE. UNLIMITED DOES NOT MEAN UNREASONABLE USE. If your plan includes data services, such services are provided solely for purposes of web browsing, messaging, multimedia streaming and similar activities. You are responsible for all data activity from and to your mobile phone or device regardless of who initiates the activity. You may NOT use the data service: (1) with server devices or host computer applications, including, but not limited to, Web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections or peer-to-peer (P2P) file sharing or other systems that drive continuous heavy traffic or data sessions; (2) as a substitute or backup for private lines or frame relay connections; (3) with "auto-responders", "cancel-bots", or similar automated or manual routines which generate excessive amounts of traffic, or which disrupt user groups or email use by others; (4) for tethering your mobile phone to a personal computer or other hardware; for an activity that connects any device to personal computers (including without limitation, laptops), or other equipment for the purpose of transmitting wireless data over the network (unless customer is using a plan designated for such usage), (5) to send "spam" or unsolicited commercial or bulk email (or activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email); or (6) for any activity that adversely affects the ability of other people or systems to use either our wireless services or other parties' Internet-based resources. If LOCUS finds that you are using an UNLIMITED data service offering for anything other web browsing, messaging, multimedia streaming and similar activities, LOCUS may at its option terminate your service or change your plan to one with no UNLIMITED usage components without prior notice to you. Data services allow you to access the Internet to view, download and send text, pictures, games, graphics, music, email, sound and other materials ("Content"). The absolute capacity of the wireless data network is limited. Compatible data-enabled wireless devices are required. LOCUS does not endorse the Content, features, or software offered by third parties. Your relationship with providers of Content is between you and them. LOCUS make no representations or warranties, express or implied, regarding any content offered by a third party that you may utilize or otherwise access while using your mobile phone or device, including, to the extent permitted by applicable law, any warranty or merchantability, fitness for a particular purpose, quality, non-infringement, performance or accuracy. LOCUS has no control over the Content on any website that you may access via your mobile phone or device. The Content provided by LOCUS is for your private, non-commercial use only. You may not sell or resell Content. You may not upload and transmit or broadcast Content in public places. You will be solely responsible if you engage in any unauthorized use of Content. IV. LIMITATIONS The parties intend that the limitations on liability, warranty and damage awards provided for in this Agreement will apply to the fullest extent allowed by law. Some jurisdictions do not allow the exclusion of certain warranties or the waiver, limitation or exclusion of liability for punitive, incidental or consequential damages, or for intentional or willful conduct in some circumstances. To the extent that applicable law does not permit any of these limitations, they will not apply to you. Limitation of Liability. WE ARE NOT LIABLE FOR ACTS OR OMISSIONS OF ANOTHER SERVICE PROVIDER OR ANY THIRD PARTY PROVIDERS OF SERVICES RELATED TO USE OF THE DEVICE OR SERVICE, FOR INFORMATION PROVIDED THROUGH YOUR DEVICE, LACK OF PRIVACY OR SECURITY EXPERIENCED WHEN USING THE DEVICE, EQUIPMENT FAILURE OR MODIFICATION, OR OTHER CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING WITHOUT LIMITATION ANY REPRESENTATIONS THAT THE SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE FROM UNAUTHORIZED ACCESS (INCLUDING THIRD PARTY HACKERS OR DENIAL OF SERVICE ATTACKS). WE ARE NOT LIABLE FOR SERVICE OUTAGES, NOR FOR SERVICE LIMITATIONS OR INTERRUPTIONS, AS DESCRIBED IN PARAGRAPH 1.C ABOVE. OUR LIABILITY AND THE LIABILITY OF ANY UNDERLYING CARRIER FOR ANY FAILURE OR MISTAKE SHALL IN NO EVENT EXCEED OUR SERVICE CHARGES DURING THE AFFECTED PERIOD. Locus Telecommunications, Inc., AND ANY UNDERLYING CARRIER ARE NOT LIABLE FOR ANY INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES SUCH AS LOST PROFITS. YOU AND WE BOTH WAIVE TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIMS TO RECOVER INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. WE AND ANY UNDERLYING CARRIER ARE NOT LIABLE FOR (i) ECONOMIC LOSS OR INJURIES TO PERSONS OR PROPERTY ARISING FROM USE OF THE SERVICE, THE DEVICE OR ANY EQUIPMENT USED IN CONNECTION WITH THE DEVICE UNLESS CAUSED BY OUR SOLE AND GROSS NEGLIGENCE, OR (ii) THE INSTALLATION OR REPAIR OF THE DEVICE BY ANY PARTIES WHO ARE NOT OUR EMPLOYEES. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT. Indemnification. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US, OUR AFFILIATES AND AGENTS AND ANY OTHER SERVICE PROVIDER, HARMLESS FROM CLAIMS OR DAMAGES RELATING TO THIS AGREEMENT OR YOUR PROMISES OR STATEMENTS MADE IN IT AND USE OF THE DEVICE OR SERVICE UNLESS DUE TO OUR SOLE AND GROSS NEGLIGENCE. YOU ALSO AGREE TO PAY OUR REASONABLE ATTORNEYS' AND EXPERT WITNESS FEES AND COSTS INCURRED IN ENFORCING THIS AGREEMENT THROUGH APPEAL EXCEPT AS PROVIDED IN PARAGRAPH 5, BELOW. USE OF YOUR DEVICE WHILE OPERATING A MOTOR VEHICLE OR IN ANOTHER DISTRACTED OR NEGLIGENT MANNER MAY BE PROHIBITED, OR RESTRICTED BY LAW IN SOME AREAS. IT IS YOUR RESPONSIBILITY TO CONFORM TO ALL SUCH LAWS OR REGULATIONS AND YOU SHALL INDEMNIFY US FROM CLAIMS ARISING FROM ANY SUCH UNLAWFUL OR NEGLIGENT USE. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT. No Warranties. WE MAKE NO EXPRESS WARRANTY REGARDING THE SERVICE OR THE DEVICE OR ANY SERVICES PROVIDED BY ANY THIRD PARTIES, AND DISCLAIM ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT AUTHORIZE ANYONE TO MAKE ANY WARRANTY ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. WE ARE NOT THE MANUFACTURER OF THE DEVICE AND ANY STATEMENT REGARDING IT SHOULD NOT BE INTERPRETED AS A WARRANTY. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT. V. RESOLUTION OF DISPUTES PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF MOST DISPUTES THROUGH ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. ARBITRATION IS FINAL AND BINDING AND SUBJECT TO ONLY VERY LIMITED REVIEW BY A COURT. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF THIS AGREEMENT. Binding Arbitration It is intended that this provision be interpreted broadly to encompass all disputes or claims arising out of our relationship. Any dispute or claim, including those against any of our subsidiary, parent or affiliate companies, arising out of or relating to this Agreement, our Privacy Policy or the Service or any equipment used in connection with the Service (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration except that (1) you may take claims to small claims court if they qualify for hearing by such a court, or (2) you or we may choose to pursue claims in court if the claims relate solely to the collection of any debts you owe to us. Arbitration Procedures. You must first present any claim or dispute to us by contacting Customer Care to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute has not been resolved within 90 days. The arbitration of any dispute or claim shall be conducted in accordance with the American Arbitration Association ("AAA") under the Wireless Industry Arbitration Rules ("WIA Rules"), as modified by this Agreement. The WIA Rules and information about arbitration and fees are available upon request from the AAA online at www.adr.org. You and we agree that this Agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law. Unless you and we agree otherwise, any arbitration will take place in the county seat for the county in which your billing address is located. At either party's election, the arbitration shall be held telephonically. An arbitrator may award any relief or damages (including injunctive or declaratory relief) that a court could award, except an arbitrator may not award relief in excess of or contrary to what this Agreement provides and may not order relief on a consolidated, class wide or representative basis. In any arbitration applying the WIA Rules applicable to large/complex cases, the Arbitrators must also apply the Federal Rules of Evidence, and the losing party may have the award reviewed in accordance with the review procedures set forth in the WIA Rules. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect. Costs of Arbitration. For claims of less than $1,000, you will be obligated to pay $25 and we will pay all other administrative costs and fees. For claims over $1,000 but under $75,000, you will be obligated to pay your share of the arbitration fees, but no more than the equivalent court filing fee for a court action filed in the jurisdiction where your billing address is located. For arbitrations in excess of $75,000, all administrative fees and expenses of arbitration will be divided equally between you and us. In all arbitrations, each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration. Waiver of Class Actions. By this Agreement, both you and we are waiving certain rights to litigate disputes in court. You and we both agree that any arbitration will be conducted on an individual basis and not on a consolidated, class wide or representative basis. If for any reason this arbitration clause is deemed inapplicable or invalid, or to the extent this arbitration clause allows for litigation of disputes in court, you and we both waive, to the fullest extent allowed by law, any right to pursue any claims on a class or consolidated basis or in a representative capacity. Limitations Period. Any arbitration or legal action with respect to any and all claims or causes of action related to or arising out of this Agreement must be brought within two years after the cause of action arises, or within the applicable statutory period of time, whichever is shorter. This limitations period does not apply to any given cause of action when the statutory limitations period for that cause of action cannot be waived, restricted or otherwise limited by you. VI. BROADBAND H2O® Broadband powered by Locus Telecommunications, Inc. is a no-contract mobile broadband service which allows you to access the Internet from your laptop and/or personal computer on-the-go. H2O® Broadband service may only be used with a H2O® Broadband USB device that plugs into your computer's USB port. Plans and Usage In order to access the internet using H2O® Broadband, you must purchase a data plan. The following plans are available with H2O® Broadband service: 1 GB Month plan 1 GB of data usage for Internet access* Best for users that: • Need a mobile connection 48-50 hours a month • Send or receive email with small or medium attachments • Moderate Web Browsing • Download or upload medium-size files • Download 10 songs per month $50 30-day access 300 MB Week plan 300 MB of data usage for Internet access* Best for users that: • Need a mobile connection 14-15 hours a week • Send or receive email with small or no attachments • Light Web Browsing • Download or upload small files • Download a song or two once in a while $30 7-day access 100 MB Day plan 100 MB of data usage for Internet access* Best for users that: • Need a mobile connection 4-5 hours for a day • Send or receive email with small or no attachments • Light Web Browsing • Download or upload small files $15 24-hour access 10 MB Int’l Roaming ($30 1-hour of web accessing) 10 MB of data usage for internet access with Int’l Roaming (Works with 100+ countries)* You must purchase an H2O® Broadband Int’l Roaming SIM Card for the Int’l Roaming plan to work. Best for users that: • Travel outside the U.S. and need a mobile connection overseas • Send or receive email with no attachment • Light Web Browsing and searches • Download or upload small files Your data usage will be deducted from the available funds in your H2O® Broadband account. Unused data expires 24-hours, 1 week or 30 days from the point the H2O® Broadband‘s respective plans were added. If you use your data plan before the end of the data expiration date, you must purchase an additional H2O® Broadband Plan in order to continue using H2O® Broadband service. Roaming charges may apply to use via non-H2O-owned networks. International use requires international service activation and international rates apply; unless international service purchased separately, domestic use only. For H2O® Broadband Int’l Roaming $30 data plan (10MB), you must purchase an H2O® Broadband Int’l Roaming SIM Card, or your Int’l Roaming plan will not work. Int’l Roaming feature and coverage is available in select countries. For list of countries, click here. Coverage availability cannot be guaranteed or ensured for international countries. In some countries, coverage may be limited to major population centers. Actual coverage may be affected by such things as underlying carrier or system availability, system capacity, system repairs and modifications, terrain, weather, foliage, buildings, and other construction, signal strength, customer equipment and other factors. Data usage per activity is based on an average. Bandwidth varies by website, video, email, and other internet applications. *Approximate Data Usage Examples: Basic information and examples showing the approximate data usage for several common internet activities appear below. The speed of the H2O® Broadband data network is measured in Kilobits (kb) per second. However, the amount of data transmitted over the H2O® Broadband data network is measured in Kilobytes (KB), Megabytes (MB) or Gigabytes (GB). Bit A unit of information that represents a single character Byte A unit of information composed of 8 bits Kilobyte 1,024 bytes (measuring the number of kilobytes tells you the size of a file and/or the amount of data you have used) Megabyte 1,024 Kilobytes (measuring the number of megabytes tells you the size of a file and/or the amount of data you have used) Gigabyte 1,024 Megabytes (measuring the number of gigabytes tells you the size of a file and/or the amount of data you have used) Examples Application Approximate Size E-mail (1 text page without attachments) 4 KB Word Document (5 text pages) 70 KB Typical Web Page lookup1 400 KB Low Resolution Digital Photo 500 KB PowerPoint Presentation (20 pages text & light graphics) 3 MB Note: The above examples are just estimates, based on approximate size assumptions. Actual file sizes and user experiences will vary. 1Graphically intense pages or pages with video can exceed 3MB. Account Status. You may purchase your H2O® Broadband plan using a credit, debit card or an H2O® Broadband airtime card. Your H2O® Broadband account will be cancelled and/or your service deactivated after 24-hours, 1 week or 30 days from the point the H2O® Broadband‘s respective plans were activated if you do not purchase a new H2O® Broadband plan before your current plan expires. Any funds left in your account after your plan expires will be forfeited and non-refundable. If your account expires and is deactivated, you must follow the activation process again in order to use H2O® Broadband service. You may visit our website (www.H2OBroadband.com) or contact H2O® Broadband Customer Service Representatives at 1-800-550-6403 to reactivate your account. Although you may reactivate your account, you will not be able to reclaim the cash balance or any data that remained in your account before it was cancelled. If you have a H2O® Wireless phone account and a H2O® Broadband account, these accounts are maintained separately. You may not transfer the balance between your H2O® Wireless phone account and your H2O® Broadband account. Authorized Use Policy: Please read the policy carefully. This Authorized Use Policy (the “AUP”) is a part of any agreement with all products bearing H2O including but not limited to H2O® Broadband, H2O® Broadband WORLDWIDE Internet on-the-go, any related services features (the “Service”) between you and Locus Telecommunications, Inc. that is doing business as H2O® Wireless (“us” or “we). BY USING THE SERVICE, OR ANY EQUIPMENT PURCHASED BY YOU FROM LOCUS TELECOMMUNICATIONS (the “EQUIPMENT”), YOU AGREE TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS OF THIS AUP. H2O® Wireless Networks and Services are for your personal use, NOT for commercial use and we reserve the right to modify, extend or cancel this service at any time without notice. Commercial resale of the Equipment is strictly prohibited except by authorized distributors and dealers of Locus Telecommunications, Inc. Exporting of Equipment outside the US is strictly prohibited. You may NOT alter any of the hardware or software in this Equipment. H2O® Wireless is intended for use only within the 50 United States wherever the coverage is available unless separate service plan for International Roaming is compatible. When compatible, a separate agreement, service activation and/or purchase will be required for use. Unlawful, Unauthorized Usage: Equipment or Service may NOT be used for any unlawful, unauthorized purpose or in any way that damages our property or others' property, or interferes with, harms or disrupts our system or other operators' systems or other users. You are responsible for all content you transmit using the Service. You may not install any amplifiers, enhancers, repeaters or other devices that modify, disrupt or interfere in any way with the radio frequency licensed to us to provide Service. All laws must be complied with while using the Service and will not transmit any communication or data that would violate any laws, court order, or regulation, or would likely be offensive to the recipient. You are solely responsible for all data activity from and to your Equipment, regardless of who initiates the activity. Junk E-mail. You may not use the Service to transmit or facilitate any unsolicited or unauthorized advertising, telemarketing, promotional materials, "junk mail", unsolicited bulk e-mail, unsolicited duplicative e-mail, unsolicited commercial e-mail, fax broadcasting, or fax blasting (collectively, "Spam"). Violation of the CAN-SPAM Act of 2003, or any other applicable laws regulating e-mail services, constitutes a violation of this Authorized Use Policy (“AUP”). We consider any unsolicited commercial mail to be Spam, regardless of the amount of mail sent, unless the recipient has specifically requested the information. An e-mail may be "unsolicited" for purposes of this AUP if (1) the recipients' e-mail addresses were not obtained through a personal or customer relationship between recipient and sender, (2) recipients did not affirmatively consent to receive communications from the sender, or (3) recipients have opted out of receiving communications from sender when given the opportunity to do so. Impersonation. You may not use the Service to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to create a false identity for the purpose of misleading others. Without limiting the foregoing, you may not use invalid or forged headers, invalid or non-existent domain names or other means of deceptive addressing. Software Viruses. You may not use the Service to upload files or transmit any material that contains viruses, worms, Trojan Horses time bombs, auto-responders, cancelbots, corrupted files, or other code that manifests contaminating or destructive properties. To protect our customers, we monitor Internet ports that are considered to be security risks as determined by us in its sole discretion. Storage or Hosting. You may not use the Service to store or host any material or information. The Service is provided merely as a conduit to allow you to access the Internet, to send and receive messages and files using third party email service providers, and to upload and download files on and from third party websites or servers at your sole discretion and control. Collecting Information. You may not use the Service to store or collect, or attempt to store or collect, non-public personal information about third parties without their prior knowledge and consent. Stolen, Fraudulent Activities. If your Device, user name or password is stolen or Service is fraudulently used, you must immediately notify us and provide us with such documentation and information as we may request (including affidavits and police reports). Until you notify us, you will remain responsible for all charges. LOCUS has the right to interrupt or restrict Service to your Number, without notice to you, if we suspect fraudulent, illegal, or abusive activity, including, but not limited to: (a) conducting business operations and practices such as promoting listing services for any centralized network of online communities with classified advertisements, and/or discussion forums; (b) offering or disseminating fraudulent goods, services, schemes, or promotions (e.g., make-money-fast schemes, chain letters, and pyramid schemes); and (c) individual or business representation as an authorized 3rd party affiliation or agent for a business entity (e.g., H2O® Wireless ) without the business' prior consent. You agree to cooperate with us in any fraud investigation and to use any fraud prevention measures we prescribe. Failure to provide reasonable cooperation may result in your liability for all fraudulent usage. You may not use the Service to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scams. You may not use techniques to hide or obscure the source of any e-mail or other communication. You are responsible for all data activity from and to your Equipment, regardless of who initiates the activity. Data Services and Content. LOCUS makes absolutely no representations, warranties or guarantees about the Data Content you access through the Equipment. Data Content may be: unsuitable for children/minors; unreliable or inaccurate; or offensive, indecent or objectionable. You are solely responsible for evaluating the Data Content accessed by you or anyone using your Equipment. We strongly recommend that you monitor content access by children or minors. Prior to accessing certain content which may be inappropriate for children/minors, we may require you to provide certain personal information in order to verify that you are at least 18 years of age. Data Content from third parties may also harm your Equipment or its software. To protect our network or services, or for any other reason, we may place restrictions on accessing certain Data Content, impose separate charges, limit the amount of data you can access or transfer, or otherwise limit or terminate services. VII. H2O BOLTSM H2O BOLTSM 4G Unlimited Wireless Internet is intended for your personal use, NOT for commercial use and we reserves the right to modify, extend or cancel this service at anytime without notice. Commercial resale of the Equipment is strictly prohibited except by authorized distributors and dealers of Locus Telecommunications, Inc. Exporting of Equipment outside the US is strictly prohibited. You may NOT alter any of the hardware or software in this Equipment. H2O® BOLT 4G Unlimited Wireless Internet is intended for use only within the 50 United States wherever the coverage is available. H2O® BOLT Plan: In order to access the internet using H2O® BOLT, you must purchase a data plan. $50 Month Plan: • UNLIMITED Internet access • 4G Speeds – 4x faster than 3G speeds • Moderate Web Browsing • No contract or hidden fees • Easy plug & play set up Account Status. You may purchase your H2O® BOLT plan using a credit, debit card or an H2O® BOLT airtime card. Your H2O® BOLT account will be cancelled and/or your service deactivated 30 days from the point the H2O® BOLT plan was activated if you do not purchase a new H2O® BOLT plan before your current plan expires. To check your account status, visit our website (www.H2OBOLT.com) or contact our Self-service phone line (1-888-321-6641). If your account expires and is deactivated, you must follow the restore my H2O® BOLT account process in order to use H2O® BOLT service. You may visit our website (www.H2OBOLT.com) or contact H2O® Bolt Customer Service Representatives at 1-888-321-6641 to reactivate your account. If you have an H2O® Wireless phone account, a H2O® Broadband account, and/or an H2O® BOLT account, those accounts are maintained separately. You may not transfer the balance between your H2O® Wireless phone account and your H2O® Broadband account to your H2O® BOLT account. Authorized Use Policy: Please read the policy carefully. This Authorized Use Policy (the “AUP”) is a part of any agreement with H2O® BOLT 4G Unlimited Wireless Internet, any related services features (the “Service”) between you and Locus Telecommunications, Inc. that is doing business as H2O® Wireless (“us” or “we). BY USING THE SERVICE, OR ANY EQUIPMENT PURCHASED BY YOU FROM LOCUS TELECOMMUNICATIONS (the “EQUIPMENT”), YOU AGREE TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS OF THIS AUP. Unlawful, Unauthorized Usage: Equipment or Service may NOT be used for any unlawful, unauthorized purpose or in any way that damages our property or others' property, or interferes with, harms or disrupts our system or other operators' systems or other users. You are responsible for all content you transmit using the Service. You may not install any amplifiers, enhancers, repeaters or other devices that modify, disrupt or interfere in any way with the radio frequency licensed to us to provide Service. All laws must be complied with while using the Service and will not transmit any communication or data that would violate any laws, court order, or regulation, or would likely be offensive to the recipient. You are solely responsible for all data activity from and to your Equipment, regardless of who initiates the activity. Junk E-mail. You may not use the Service to transmit or facilitate any unsolicited or unauthorized advertising, telemarketing, promotional materials, "junk mail", unsolicited bulk e-mail, unsolicited duplicative e-mail, unsolicited commercial e-mail, fax broadcasting, or fax blasting (collectively, "Spam"). Violation of the CAN-SPAM Act of 2003, or any other applicable laws regulating e-mail services, constitutes a violation of this Authorized Use Policy (“AUP”). We consider any unsolicited commercial mail to be Spam, regardless of the amount of mail sent, unless the recipient has specifically requested the information. An e-mail may be "unsolicited" for purposes of this AUP if (1) the recipients' e-mail addresses were not obtained through a personal or customer relationship between recipient and sender, (2) recipients did not affirmatively consent to receive communications from the sender, or (3) recipients have opted out of receiving communications from sender when given the opportunity to do so. Impersonation. You may not use the Service to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to create a false identity for the purpose of misleading others. Without limiting the foregoing, you may not use invalid or forged headers, invalid or non-existent domain names or other means of deceptive addressing. Software Viruses. You may not use the Service to upload files or transmit any material that contains viruses, worms, Trojan Horses time bombs, auto-responders, cancelbots, corrupted files, or other code that manifests contaminating or destructive properties. To protect our customers, we monitor Internet ports that are considered to be security risks as determined by us in its sole discretion. Storage or Hosting. You may not use the Service to store or host any material or information. The Service is provided merely as a conduit to allow you to access the Internet, to send and receive messages and files using third party email service providers, and to upload and download files on and from third party websites or servers at your sole discretion and control. Collecting Information. You may not use the Service to store or collect, or attempt to store or collect, non-public personal information about third parties without their prior knowledge and consent. Stolen, Fraudulent Activities. If your Device, user name or password is stolen or Service is fraudulently used, you must immediately notify us and provide us with such documentation and information as we may request (including affidavits and police reports). Until you notify us, you will remain responsible for all charges. LOCUS has the right to interrupt or restrict Service to your Number, without notice to you, if we suspect fraudulent, illegal, or abusive activity, including, but not limited to: (a) conducting business operations and practices; (b) offering or disseminating fraudulent goods, services, schemes, or promotions (e.g., make-money-fast schemes, chain letters, and pyramid schemes); and (c) individual or business representation as an authorized 3rd party affiliation or agent for a business entity (e.g., H2O® Wireless ) without the business' prior consent. You agree to cooperate with us in any fraud investigation and to use any fraud prevention measures we prescribe. Failure to provide reasonable cooperation may result in your liability for all fraudulent usage. You may not use the Service to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scams. You may not use techniques to hide or obscure the source of any e-mail or other communication. You are responsible for all data activity from and to your Equipment, regardless of who initiates the activity. UNLIMITED Usage UNLIMITED DOES NOT MEAN UNREASONABLE USE. UNLIMITED services are provided to be used by a person using a computing device, consistent with the type of use made by a typical individual consumer of our Internet services. Examples of allowed uses of our Service include web surfing, sending and receiving email, sending and receiving photographs, occasional on-line gaming, and the occasional non-continuous streaming of videos and downloading of files. Examples of uses that are not permitted include the continuous unattended streaming, peer-to-peer (P2P) file sharing, downloading or uploading of videos or other files, maintaining an unattended or continuous uninterrupted connection to the Internet such as through a web camera or machine to machine connections that do not involve active participation by a person, or operating an Internet hosting service such as web hosting or gaming hosting, a substitute or backup for private lines or frame relay connections or any activity that adversely affects the ability of other people or systems to use either H2O® Wireless services or other parties' Internet-based resources. If LOCUS finds that you are using an UNLIMITED service offering for anything other above permitted use, LOCUS may at its option terminate your service, with or without prior notice. LOCUS further reserves the right to take measures to protect our network and other users from harm, compromised capacity or degradation in performance. These measures may impact your service, and LOCUS reserves the right to deny, modify or terminate service, with or without notice, to anyone we believe is using Services or Features in a manner that adversely impacts our network performance or hinders access to our network. LOCUS may monitor your compliance, or the compliance of other subscribers, with these terms and conditions, but we will not monitor the content of your communications except as otherwise expressly permitted or required by law. Data, Contents LOCUS make absolutely no representations, warranties or guarantees about the Data Content you access through the Equipment. Data Content may be: unsuitable for children/minors; unreliable or inaccurate; or offensive, indecent or objectionable. You are solely responsible for evaluating the Data Content accessed by you or anyone using your Equipment. We strongly recommend that you monitor content access by children or minors. Prior to accessing certain content which may be inappropriate for children/minors, we may require you to provide certain personal information in order to verify that you are at least 18 years of age. Data Content from third parties may also harm your Equipment or its software. To protect our network or services, or for any other reason, we may place restrictions on accessing certain Data Content, impose separate charges, limit the amount of data you can access or transfer, or otherwise limit or terminate services. LOCUS reserves all rights including the right to revise, amend, or modify this AUP or any other Policy at any time, by sending you an email notification to the email address associated with your account, or by announcing any amendments or modifications in the "Terms & Conditions” section of H2O® Wireless website: www.h2owirelessnow.com. Such amendments or modifications will become effective on the date we send them to you by email, or announce them on our website, whichever is earlier; afterwards, your continued use of the Service or Equipment will constitute your acceptance of any such amendments or modifications. However, if you do not wish to continue Service after a change that is materially disadvantageous to you, you may terminate this Agreement by providing written notice to LOCUS within twenty (20) days of the effective date of the modification. VIII. MISCELLANEOUS Not all plans or Services are available for purchase or use in all sales channels, in all areas or with all devices. LOCUS is not responsible for loss or disclosure of any sensitive information you transmit. LOCUS' wireless services are not equivalent to landline Internet. LOCUS is not responsible for nonproprietary services or their effects on devices. LOCUS RESERVES THE RIGHT TO TERMINATE YOUR SERVICES WITH OR WITHOUT CAUSE, INCLUDING WITHOUT LIMITATION, UPON EXPIRATION OR TERMINATION OF YOUR WIRELESS SERVICE. 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. Privacy. We are not liable for any lack of privacy, which may be experienced with regard to the Service. You authorize our monitoring and recording of calls to us concerning your account or the Service and consent to our use of automatic dialing equipment to contact you. We have the right to intercept and disclose any transmission over our facilities in order to protect our rights or property. Assignment. We may assign all or part of this Agreement without such assignment being considered a change to the Agreement, and without notice to you. We are then released from all liability. You may not assign this Agreement without our prior written consent. Notices. We may send you notice by mail or electronic means, in our sole discretion. Notices to you shall be effective 1) 3 days following the date deposited in the U.S. Mail or delivered to a nationally recognized courier or delivery service, postage prepaid and addressed to your address as kept in our files and/or 2) immediately upon our transmission using an electronic means such as e-mail or text messaging service. You are responsible for notifying us of any changes in your mailing or e-mail address. Written notice to us shall be effective when directed to our Customer Care Department (at the mailing address listed on our website) and received by us. Oral and electronic notices shall be deemed effective on the date reflected in our records. Your notice must contain specific information adequate to identify you and your Service. Entire Agreement. These Terms and Conditions, together with the Sales Information, represent the entire agreement between you and us, which may only be amended as described in this Agreement. This Agreement supersedes any inconsistent or additional representations made to you by any of our representatives, agents or dealers. If any part of this Agreement is found invalid, the balance of the Agreement remains enforceable. If, at any time, we do not enforce any right or remedy available under this Agreement, that failure is not a waiver of our right to enforce the right or remedy at a later time. Copied, microfiche, scanned or other duplicate or electronic images of this Agreement are admissible for all purposes. Governing Laws.This Agreement is subject to applicable federal laws, federal or state tariffs, if any, and the laws of the state associated with the Number. Where a state agency or the FCC regulates the terms and conditions of our Service, the regulations are available for your inspection; if there is any inconsistency between this Agreement and those regulations, this Agreement shall be deemed amended as necessary to conform to such regulations. Capacity. You represent that you are legally competent to enter into this Agreement, and that you are not aware of any disability that would prevent you from entering into this Agreement. IX. TAXES AND OTHER FEES In many jurisdictions, certain recurring fees or taxes will be debited from your account balance as allowed by law. Other taxes, surcharges and fees apply on top of refill denominations. Powered by SMASH Wireless Copyright © 2012 SMASH Wireless, Inc. All rights reserved. Retail: 414-372-4555 | Corporate: 702-496-4237 sales@smashwireless.com | www.smashwireless.com www.facebook.com/SmashWireless