Terms and Conditions

Please Read These Terms and Conditions Carefully. They include important information about the Services we provide to you, including access and usage charges, taxes, surcharges and other fees that we bill you or that may be accepted or processed through your Equipment. They also include fees for early termination, limitations of liability, and an agreement to resolve disputes through arbitration instead of in court. You and any authorized users on your account will have access to account information and may be able to make changes to the account. If you give your account validation information to another person, that person can access and make changes to your account and those changes, including any charges, will be binding on you. Certain changes to your account may require a new Fixed Term and/or new Terms and Conditions.
 
Definitions. "You" and "your" mean the person or entity that subscribes to Services or purchases or leases Equipment subject to this Agreement. This "Agreement" includes these Terms and Conditions and your Service Order, along with any Legal Notices and the Privacy Policy posted at www.alltelwireless.com. "We," "our," "us," and "Alltel" refer to Allied Wireless Communications Corporation, its subsidiaries and affiliates and any partnerships of which it is a partner doing business as Alltel and providing Services or Equipment to you. "Service(s)" refer to any services you have asked us to provide to you through this Agreement. "Equipment" means any communications equipment or accessories you purchase or lease from us or use in any manner in connection with your Services. "Service Order" means the form (whether paper or electronic) on which you apply for Services and may include certain additional terms and conditions for your Service. "Terms and Conditions" include the following provisions as maintained at www.alltelwireless.com and the provisions in your Service Order that set forth the manner in which we provide Equipment and Service to you, such as the length of time you will subscribe to a Service, rate plans, access charges, fees, taxes and surcharges, and the Equipment you have selected.
 
Acceptance.  You accept this Agreement when you do any of the following: (a) give us your written or electronic signature, (b) tell us orally or electronically that you accept, (c) pay for the Equipment and/or Services; or (d) use or attempt to use any of the Equipment or Services.
 
Term.  If you choose one of our “Contract” plans (“Contract Customers”) you will have a fixed term of two (2) years from the date Service is activated (“Fixed Term”). If you choose one of our “No Contract” plans (“No Contract Customers”) you will have a month-to-month term. When Contract Customers reach the end of their Fixed Term, Services will continue to be provided on a month-to-month basis. Both Contract Customers and No Contract Customers are bound by these Terms and Conditions (except No Contract Customers are not subject to an ETF).
                                 
Acceptable and Prohibited Network Uses. You agree that your Service may only be used in a manner that we deem appropriate and for purposes consistent with this Agreement; appropriate use includes the following: (a) live dialogue between individuals, (b) internet or intranet access, (c) transmittal of approved text or multimedia messages, (d) email, and (e) downloads of mobile applications. You agree that the Service may not be used in a manner that we deem inappropriate or which is not consistent with these terms and conditions (collectively, “Prohibited Uses”). Prohibited Uses include the following: (i) connections that do not consist of uninterrupted live dialogue between individuals; (ii) generating excessive amounts of internet traffic through the continuous, unattended streaming, downloading or uploading of videos or other files or to operate hosting services or machine-to-machine connections that do not involve active participation by a person; (iii) transmitting or facilitating any unsolicited or unauthorized advertising, telemarketing, promotional materials, "junk mail," commercial or bulk email, or fax; (iv) disrupting email or other use by others using automated or manual routines, including, but not limited to "auto-responders" or cancel bots or other similar routines; (v) activities adversely affecting the ability of other people or systems to use the Service or other parties' internet-based resources, including, but not limited to, "denial of service" (DoS) attacks against another network host or individual user; (vi) an activity that connects any device to personal computers or other equipment for the purpose of transmitting wireless data over the network (unless you are using a plan explicitly designated for such usage); (vii) use in a manner that is unlawful, unduly interferes with the use of our network by other customers; or infringes on intellectual property rights, including but not limited to, tampering with, unlocking, reflashing, or altering the Equipment and/or its software or hardware, exporting the Equipment outside the United States, or assisting or reselling the Equipment to others engaging in such acts; or (viii) any other reason that, in our sole discretion violates our policy of providing service for individual use. IF YOU SUBSCRIBE TO A SERVICE THAT IS DESCRIBED AS UNLIMITED, YOU AGREE THAT SUCH SERVICE IS SUBJECT TO THE PROHIBITED USES.

Your Right to Terminate the Agreement.
 If you are a Contract Customer and you terminate your Service before the expiration of the Fixed Term then you will be required to pay us an early termination fee (“ETF”). If your contract term results from your purchase of certain specified Equipment after September 9, 2012, your ETF Fee will be $350.   For a complete list of specified Equipment, please see www.alltelwireless.com/ETF. Otherwise, your ETF will be $200. Under certain circumstances, and depending on which Equipment you purchase, you may be allowed to terminate a line of Service within 15 days of activation without having to pay an ETF (visit www.alltelwireless.com for details).  You will be charged for service(s) used, including a prorated portion of the monthly recurring charge and a restocking fee for any returned Equipment. If you are on a month-to-month term, you may terminate Service at any time without having to pay an ETF. A request by you to port your number to a different carrier will be deemed a request by you to terminate your Agreement. We reserve the right to charge a fee if you request to port your number. If you terminate Service, you remain liable for payment of all outstanding charges for Services used and Equipment purchased prior to termination.
Our Rights to Limit or End Service or the Agreement. YOU AGREE THAT WE MAY, WITHOUT LIMITATION AND WITHOUT NOTICE, LIMIT DATA THROUGHPUT SPEEDS OR QUANTITIES OR DENY, MODIFY, SUSPEND, DISCONNECT OR TERMINATE YOUR SERVICE OR AGREEMENT, if you, any user of your Equipment, or any user on your account: (a) breaches the Agreement; (b) engages in any Prohibited Uses; (c) incurs charges greater than any billing or credit limitation on your account (even if we haven't yet billed the charges); (d) provides inaccurate information or credit information we can't verify; (e) transfers or attempts to transfer Service to another person without our consent; (f) lives in or relocates to an area where we don’t provide Service; (g) uses the majority of your data or voice Service roaming on a network not owned or operated by us; or (h) uses the Service in a manner that is burdensome or unusually excessive when compared to other customers in your area on similar plans or otherwise uses the Service in a manner that makes it uneconomical or unprofitable for us to continue providing the Service to you. If we limit, suspend or terminate your Service and later reinstate your Service, you may be charged a fee.
 
Charges for Services and Equipment.  1. In General. You are responsible for paying all charges applicable to your Equipment and Service. In addition, you are responsible for paying any taxes, surcharges, fees, and assessments imposed by us or a governmental authority and you understand and agree that these may change from time to time.

2. Airtime Charges. Airtime usage on each call is billed in full minute increments, with a minimum charge of one minute per call. Partial minutes of use are rounded up to the next full minute. Access charges are billed in advance and will not be deducted from your bill or refunded in the event of termination. Unused plan minutes are not carried over to subsequent monthly billing cycles. In some instances, information regarding airtime usage, including roaming or long distance charges, is not available to be included in the bill for the month that the Service is used, and will be billed to you in a subsequent bill. The Service will be charged, and deducted from your plan minutes, in the month it is billed. The length of a call will be measured from when you initiate it (typically, when you press the "Send" key) until you terminate it (typically, when you press the "End" key). You may incur additional charges for roaming or long distance calls. Rates and charges while roaming outside of your local Alltel service area may be different from your Alltel service area rates. We reserve the right to select the carrier you will use while roaming. Use of custom calling features (such as voicemail or three-way calling) will be billed like any other call. To be eligible for Service, we may require you to reside in our Service area and to use most of your Service on a network owned or operated by Alltel.

3. Data Charges. Wireless data services may be billed in full kilobyte increments. Partial kilobyte increments of use may be rounded to the next full kilobyte. Unused kilobytes may not be carried over to subsequent monthly billing cycles. Access time may be measured from the time the port is seized to the time the port is released by your Equipment.
 
4. Third Party Charges. Your Equipment may be used to purchase services and products from third-party providers (e.g., ringtones, apps, games, etc.). Charges for these purchases may appear on your Alltel bill. You assume responsibility for all Charges associated with purchases from third-parties via your Equipment. ALLTEL IS NOT A PUBLISHER OF THIRD-PARTY INFORMATION, APPLICATIONS OR OTHER CONTENT AND IS NOT RESPONSIBLE FOR ANY OPINIONS, ADVICE, STATEMENTS, OR OTHER INFORMATION, SERVICES OR GOODS PROVIDED BY THIRD PARTIES. It is your responsibility to read the rules or service agreements of each content provider or service provider.
 
5. Disputes. IF YOU DISPUTE ANY OF THE CHARGES IN YOUR BILL, YOU MUST NOTIFY US IN WRITING AT 1001 TECHNOLOGY DRIVE, LITTLE ROCK, ARKANSAS 72223, ATTENTION: ­­­­­­­­CUSTOMER SERVICE, WITHIN 180 DAYS OF THE DATE OF THE BILL OR YOU WILL HAVE WAIVED YOUR RIGHT TO DISPUTE THE BILL AND TO PARTICIPATE IN ANY LEGAL ACTION RAISING SUCH DISPUTE. IF WE FAIL TO BILL YOU FOR ANY CHARGES, WE WAIVE THE RIGHT TO SEEK PAYMENT OF SUCH CHARGES FROM YOU 180 DAYS AFTER THE DATE ON WHICH WE SHOULD HAVE BILLED YOU.
 
iPhone Terms and Conditions. Use of iPhone constitutes acceptance of iPhone terms and conditions (including third party terms and conditions) found in the iPhone box. If you disagree with these, you can return the phone in accordance with Alltel’s return policy.

Billing Information Provided by You.
 To determine whether certain taxes, fees and surcharges are applicable to Service provided to you, we must obtain your street address. You represent and warrant that the address you provide us to obtain Service is correct, and you acknowledge that we are relying on this information to determine which taxes, fees or surcharges are applicable to your Service. You agree to notify us if your address changes. In the event you do not provide us with a valid address or address change, you understand and agree that you may be responsible for additional taxes, fees or surcharges for your Service, and we may terminate your Service.
 
Payments.  We will bill you monthly for all charges associated with the Services, and we will invoice you for all charges associated with Equipment. Payment in full is due no later than the due date indicated on your bill. If you have authorized payment for Services or Equipment by credit card or by debiting a bank account, no additional notice or consent is required before we invoice the credit card or debit the bank account for all amounts due to us for any reason. We may accept late payments, partial payments or any payments marked as being "payment in full" or as being settlement of any dispute without losing any of our rights under this Agreement. You agree to pay costs and fees we incur to collect an unpaid balance from you.
 
Credits and Deposits.  You authorize us to ask credit-reporting agencies for credit information about you. We may, in our discretion, require you to submit a deposit as security for payment of charges. An additional deposit may be required if either the amount or number of Services is increased or your credit rating changes. Simple interest will be paid on the cash deposit for the period it is held by us and will be refunded if satisfactory credit has been established or upon termination of service. We reserve the right to apply the deposit to any amount due and unpaid. We may require a guarantee of payment by an individual or entity approved by us.
 
Personal Identifiers.  We assign telephone numbers, e-mail addresses and other personal identifiers in connection with the Services. Unless we provide you advance notice, you have no proprietary right to any such identifiers, and we reserve the right to change them upon notice to you. In the event that you become entitled to transfer a personal identifier to another party, we reserve the right, prior to honoring the request for transfer, to charge a fee for the transfer and to collect any money owed by you for Services or Equipment.
 
Services Provided by Third Parties. The Services will be provided either by us or by our third party vendors or contractors. We reserve the right to change or modify the source of any Services provided to you without notice.
 
Unauthorized Use of Third Party Services.  You may only access Services through Equipment that is determined by us to be compatible with our network. Your Equipment contains programming designed to enable access to Alltel Services only. Using any manual or electronic means to circumvent any restrictions placed on your mobile phone or to modify without authorization any programming supplied on your phone is a violation of your Agreement.
 
Privacy and Customer Proprietary Network Information.  Our Privacy Policy governs how we collect and use information related to you and your use of the Services and may be found at www.alltelwireless.com. We may change our Privacy Policy at any time without notice. You authorize us to monitor and record communications to us regarding your account or the Services for purposes of quality assurance. We will not give you notice of any subpoenas or court orders related to your account or use of Services unless required by law. Information in our billing and customer care systems concerning your account and your use of Services belongs to us. You agree that we may release information we have about you when required to do so by law, to provide to third parties solely for the purpose of assisting us in providing any Service to you, or if we reasonably believe that an emergency involving immediate harm to a person or property requires disclosure. We may analyze your account and usage information and share this information with other Alltel entities to communicate with you regarding Equipment or Services that may become available to you. If you do not want us to provide your information to other Alltel entities for this purpose, please notify us.
 
Theft and Fraud.  If your Equipment is lost, stolen, or fraudulently used, then you are responsible for all usage incurred before we receive notice from you of such loss or theft. You agree to cooperate in the investigation of fraud or theft and to provide us with such requested information and documentation (including affidavits and police reports).
 
LIMITATION OF LIABILITY.  YOU AND ALLTEL BOTH AGREE TO LIMIT CLAIMS AGAINST EACH OTHER FOR DAMAGES OR OTHER MONETARY RELIEF TO DIRECT DAMAGES. THIS LIMITATION AND WAIVER WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY. THAT MEANS THAT NEITHER OF US IS ENTITLED TO INDIRECT, SPECIAL, CONSEQUENTIAL, TREBLE OR PUNITIVE DAMAGES FROM THE OTHER. THIS LIMITATION AND WAIVER ALSO APPLIES IF YOU BRING A CLAIM AGAINST ONE OF OUR SUPPLIERS IF WE WOULD BE REQUIRED TO INDEMNIFY THE SUPPLIER FOR THE CLAIM.     
 
DISCLAIMER OF WARRANTIES.  WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICES OR EQUIPMENT YOU RECEIVE FROM US OR ANY APPLICATIONS YOU ACCESS THROUGH YOUR EQUIPMENT, AND DISCLAIM ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE ARE NOT RESPONSIBLE FOR CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING WITHOUT LIMITATION ACTS OR OMISSIONS OF OTHERS, ATMOSPHERIC CONDITIONS, OR ACTS OF GOD. WE DO NOT PROMISE UNINTERRUPTED OR ERROR FREE SERVICE. WE MAY NOT MANUFACTURE ANY EQUIPMENT OR SOFTWARE THAT YOU MAY USE IN CONNECTION WITH YOUR SERVICE, AND YOUR ONLY WARRANTIES AND REPRESENTATIONS WITH RESPECT TO EQUIPMENT OR SOFTWARE ARE THOSE PROVIDED BY THE MANUFACTURER (WITH RESPECT TO WHICH WE HAVE NO LIABILITY WHATSOEVER). 
 
ARBITRATION.  YOU AND ALLTEL BOTH AGREE TO RESOLVE DISPUTES ONLY BY ARBITRATION OR IN SMALL CLAIMS COURT. YOU AND ALLTEL UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT IN ANY WAY. AN ARBITRATOR CAN AWARD YOU THE SAME DAMAGES AND RELIEF AS A JUDGE, AND MUST HONOR THE SAME TERMS IN THIS AGREEMENT, AS A COURT WOULD. IF THE LAW ALLOWS FOR AN AWARD OF ATTORNEYS' FEES, AN ARBITRATOR CAN AWARD THEM TOO. THIS AGREEMENT DOESN'T ALLOW CLASS OR COLLECTIVE ARBITRATIONS EVEN IF THE AAA RULES WOULD. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM. NO CLASS OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION HELD UNDER THIS AGREEMENT. IF FOR SOME REASON THIS PROHIBITION ON CLASS ARBITRATIONS CANNOT BE ENFORCED, THEN THE AGREEMENT TO ARBITRATE WILL NOT APPLY. WE ALSO BOTH AGREE THAT:
 
(1) THE FEDERAL ARBITRATION ACT APPLIES TO THIS AGREEMENT. EXCEPT FOR SMALL CLAIMS COURT CASES THAT QUALIFY, ANY DISPUTE THAT IN ANY WAY RELATES TO OR ARISES OUT OF THIS AGREEMENT OR FROM ANY EQUIPMENT OR SERVICES YOU RECEIVE FROM US (OR FROM ANY ADVERTISING FOR ANY SUCH EQUIPMENT OR SERVICES) WILL BE RESOLVED BY ONE OR MORE NEUTRAL ARBITRATORS BEFORE THE AMERICAN ARBITRATION ASSOCIATION ("AAA").
(2) UNLESS YOU AND ALLTEL AGREE OTHERWISE, THE ARBITRATION WILL TAKE PLACE IN THE COUNTY OF YOUR BILLING ADDRESS, AND THE AAA'S WIRELESS INDUSTRY ARBITRATION ("WIA") RULES WILL APPLY. FOR CLAIMS OF $10,000 OR LESS, THE PARTY BRINGING THE CLAIM CAN CHOOSE EITHER THE AAA'S WIA RULES OR CAN BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT. YOU CAN GET PROCEDURES, RULES AND FEE INFORMATION FROM THE AAA (WWW.ADR.ORG). FOR CLAIMS OF $10,000 OR LESS, YOU CAN CHOOSE WHETHER YOU'D LIKE THE ARBITRATION CARRIED OUT BASED ONLY ON DOCUMENTS SUBMITTED TO THE ARBITRATOR, OR BY A HEARING IN–PERSON OR BY PHONE.
(3) BEFORE EITHER OF US MAY SEEK ARBITRATION UNDER THIS AGREEMENT, THE PARTY SEEKING ARBITRATION MUST FIRST NOTIFY THE OTHER PARTY OF THE DISPUTE IN WRITING AT LEAST 30 DAYS IN ADVANCE OF INITIATING THE ARBITRATION. NOTICE TO ALLTEL SHOULD BE SENT TO GENERAL COUNSEL, 1001 TECHNOLOGY DRIVE, LITTLE ROCK, AR 72223. THE NOTICE MUST DESCRIBE THE NATURE OF THE CLAIM AND THE RELIEF BEING SOUGHT. IF WE ARE UNABLE TO RESOLVE OUR DISPUTE WITHIN 30 DAYS, EITHER PARTY MAY THEN PROCEED TO FILE A CLAIM FOR ARBITRATION. WE'LL PAY ANY FILING FEE THAT THE AAA CHARGES YOU FOR ARBITRATION OF THE DISPUTE. IF YOU PROVIDE US WITH SIGNED WRITTEN NOTICE THAT YOU CANNOT PAY THE FILING FEE, WE WILL PAY THE FEE DIRECTLY TO THE AAA. IF THAT ARBITRATION PROCEEDS, WE'LL ALSO PAY ANY ADMINISTRATIVE AND ARBITRATOR FEES CHARGED LATER, AS WELL AS FOR ANY APPEAL TO A PANEL OF THREE NEW ARBITRATORS (IF THE ARBITRATION AWARD IS APPEALABLE UNDER THIS AGREEMENT).
(4) WE MAY, BUT ARE NOT OBLIGATED TO, MAKE A WRITTEN SETTLEMENT OFFER ANYTIME BEFORE ARBITRATION BEGINS. THE AMOUNT OR TERMS OF ANY SETTLEMENT OFFER MAY NOT BE DISCLOSED TO THE ARBITRATOR UNTIL AFTER THE ARBITRATOR ISSUES AN AWARD ON THE CLAIM. IF YOU DON'T ACCEPT THE OFFER AND THE ARBITRATOR AWARDS YOU AN AMOUNT OF MONEY THAT'S MORE THAN OUR OFFER BUT LESS THAN $5000, AND THE ARBITRATOR AWARDS YOU ANY AMOUNT OF MONEY BUT LESS THAN $5000, THEN WE AGREE TO PAY YOU $5000 INSTEAD OF THE AMOUNT AWARDED. IN THAT CASE WE ALSO AGREE TO PAY ANY REASONABLE ATTORNEYS' FEES AND EXPENSES, REGARDLESS OF WHETHER THE LAW REQUIRES IT FOR YOUR CASE. IF THE ARBITRATOR AWARDS YOU MORE THAN $5000, THEN WE WILL PAY YOU THAT AMOUNT.
(5) AN ARBITRATION AWARD AND ANY JUDGMENT CONFIRMING IT APPLY ONLY TO THAT SPECIFIC CASE; IT CAN'T BE USED IN ANY OTHER CASE EXCEPT TO ENFORCE THE AWARD ITSELF.
About These Terms and Conditions. 1. Record Retention. You acknowledge and agree that (i) Alltel will not maintain a paper copy of your Agreement, (ii) Alltel will maintain your rate plan and feature information electronically, and (iii) Alltel will maintain its copy of the Terms and Conditions at www.alltelwireless.com. If you lose your copy of the Terms and Conditions, you may retrieve the then current electronic copy from www.alltelwireless.com at any time.

2. Changes. We may change these Terms and Conditions, including any change in any charge or fee, or the imposition of a new charge or fee, at any time. We will provide you with notice of material changes (other than, for example, changes to governmental fees, proportional charges for governmental mandates, roaming rates or administrative charges) either in your monthly bill or separately.  If such a change has a material adverse effect on you and you do not wish to accept such change, you may terminate your Agreement by giving us notice within thirty (30) days, in which case you will not be subject to an ETF. You will, however, still be responsible for all charges for Services and Equipment made before you terminated your Agreement.  

Applicable Law.
 Your Agreement and Alltel's provision of Services to you are subject to (a) the laws of the state identified in the billing address that you have provided us and (b) any applicable federal or state laws. In the event of an inconsistency between any governmental requirement and this Agreement regarding the provision of a Service that is subject to the governmental requirement, the provisions of the governmental requirement will apply to the extent necessary to avoid the inconsistency.
 
Assignment.  We may assign this Agreement to another entity without any advance consent from or notice to you. You may not assign this Agreement without our consent.
 
No Waiver; Severability.  If we do not enforce any right or remedy available under this Agreement, that failure is not a waiver. If any part of this Agreement is ruled unenforceable, the remainder of this Agreement will remain in force.
 
Third Parties.  This Agreement is for the benefit of you and us only, and not any third party.
 
Entire Agreement.  This Agreement is the entire Agreement between you and us, which may only be amended as described above. This Agreement supersedes any and all statements or promises made to you by any of our employees or agents.
 
Effective May 31, 2013