Please carefully read this agreement, including the Calling Plan or Plans you’ve chosen, before filing it in a safe place.

(Para una copia de este documento en español, visite a nuestro website a westvirginiawireless.com.)

By accepting this agreement, you’re bound by its conditions. It covers important topics such as how long it lasts, fees for early termination and late payments, our rights to change its conditions and your wireless service, limitations of liability, privacy, and settlement of disputes by arbitration instead of in court. If you accept this agreement, it will apply to all your wireless service from us, including all your existing Calling Plans and other lines in service.

YOUR CALLING PLAN BECOMES PART OF THIS AGREEMENT. Your Calling Plan includes your monthly service allowances and features, the coverage areas in which those allowances and features may be used, and the recurring access and pay-per-use charges associated with those allowances and features, all as described in the materials made available to you at the time you accepted this agreement. To the extent any condition in your Calling Plan expressly conflicts with this agreement, the condition in your Calling Plan will govern. If at any time you change your service (by accepting a promotion, for example), you’ll be subject to any requirements, such as a new minimum term, we set for that change.

THIS AGREEMENT STARTS WHEN YOU ACCEPT. Paragraphs marked “∞” continue after it ends. You accept when you do any of the following things after an opportunity to review this agreement:

• Give us a written or electronic signature;
• Tell us orally or electronically that you accept;
• Activate your service through your wireless phone;
• Open a package that says you are accepting by opening it; or
• Use your service after making any change or addition when we’ve told you that the change or addition requires acceptance.

IF YOU DON’T WANT TO ACCEPT, DON’T DO ANY OF THESE THINGS. You can cancel (if you’re a new customer and not assuming another customer’s service) WITHIN 30 DAYS of accepting. You’ll still be responsible through that date for the new service and any charges associated with it.

∞ Except as explicitly permitted by this agreement, you’re agreeing to maintain service with us for your minimum term. (Periods of suspension of service don’t count towards fulfillment of your minimum term.) After that, you’ll become a month-to-month customer under this agreement. AN EARLY TERMINATION FEE WILL APPLY IF YOU CHOOSE TO END YOUR SERVICE BEFORE BECOMING A MONTH-TO-MONTH CUSTOMER, OR IF WE TERMINATE IT EARLY FOR GOOD CAUSE THE EARLY TERMINATION FEE IS $175, WHICH WILL BE REDUCED BY $5 FOR EACH FULL MONTH TOWARD YOUR MINIMUM TERM THAT YOU COMPLETE. (The Early Termination Fee applies only to the extent permitted by law. If you buy your wireless phone from an authorized agent or third-party vendor, you should check to see if they charge a separate termination fee.) If you terminate your service as of the end of your minimum term, you won’t be responsible for any remaining part of your monthly billing cycle. Otherwise, all terminations by you during a monthly billing cycle become effective on the last day of that billing cycle. You’ll remain responsible for all fees and charges incurred until then and won’t be entitled to any partial month credits or refunds. You may be able to take, or “port,” your current wireless phone number to another service provider. If you request your new service provider to port a number from us, and we receive your request from that new service provider, we’ll treat it as notice from you to terminate our service for that number upon successful completion of porting. After the porting is completed, you won’t be able to use our service for that number. You’ll remain responsible for any Early Termination Fee, and for all fees and charges through the end of that billing cycle, just like any other termination. If you’re porting a phone number to us from another company, we may not be able to provide you some services, such as 911 location services, immediately.

Your service is subject to our business policies, practices, and procedures, which we can change without notice. UNLESS OTHERWISE PROHIBITED BY LAW, WE CAN ALSO CHANGE PRICES AND ANY OTHER CONDITIONS IN THIS AGREEMENT AT ANY TIME BY SENDING YOU WRITTEN NOTICE PRIOR TO THE BILLING PERIOD IN  WHICH THE CHANGES WOULD GO INTO EFFECT. IF YOU CHOOSE TO USE YOUR SERVICE AFTER THAT POINT, YOU’RE ACCEPTING THE CHANGES. IF THE CHANGES HAVE A MATERIAL ADVERSE EFFECT ON YOU, HOWEVER, YOU CAN END THE AFFECTED SERVICE, WITHOUT ANY EARLY TERMINATION FEE, JUST BY CALLING US WITHIN 60 DAYS AFTER WE SEND NOTICE OF THE CHANGE.

Your wireless phone is any device you use to receive our wireless voice or data service. It must comply with Federal Communications Commission regulations and be compatible with our network and your Calling Plan. Whether you buy your wireless phone from us or someone else is entirely your choice. At times we may change your wireless phone’s software, applications or programming remotely and without notice. This could affect data you’ve stored on, the way you’ve programmed, or the way you use, your wireless phone. Your wireless phone may also contain software that prevents it from being used with any other company’s wireless service, even if it’s no longer used to receive our service.  We are not responsible if you modify your phone without specific prior written approval from us.

You don’t have any rights in any personal identification number, email address, or identifier we assign you (we’ll tell you if we decide to change or reassign them). The same is true of your wireless phone number, except for any right you may have to port it. Your wireless phone number and name may show up when you call someone. You can block this “Caller ID” for most calls by dialing *67 before each call, or by ordering per-line call blocking (dialing *82 to unblock) where it’s available. You can’t block Caller ID to some numbers, such as toll-free numbers.

Wireless phones use radio transmissions, so we can’t provide service when your phone isn’t in range of a transmission site used to provide service. Even within a coverage area, there are many factors, including network capacity, your phone, terrain, proximity to buildings, foliage, and weather, that may impact availability and quality of service.

∞ You agree to pay all access, usage, and other charges and fees we bill you or that the user of your wireless phone accepted, even if you weren’t the user of your wireless phone and didn’t authorize its use. These include Federal Universal Service, Regulatory and Administrative Charges, and may also include other charges related to our governmental costs. We set these charges. They aren’t taxes, aren’t required by law, are kept by us in whole or in part, and the amounts and what’s included are subject to change. You may have to pay fees to begin service or reconnect suspended service. Usage charges may vary depending on where, when, and how you call. You have a Home Rate and Coverage Area and a Local Calling Area (which may be different). When you call from inside a Local Calling Area to somewhere outside of it, or call from anywhere outside a Local Calling Area, there may be toll, regional calling, or long distance charges
in addition to airtime (we provide or select the long distance service for calls on our network). When you make a call inside your Local Calling Area that uses a local phone company’s lines (for example, a call to a typical home phone number), we may charge landline or connection fees. We charge airtime for most calls, including toll-free and operator-assisted calls. Additional features and services such as operator or directory assistance, call dialing, calling card use, Call Forwarding, data calls, automatic call delivery, Voice Mail, Text Messaging, and wireless Internet access, may have additional charges. Features such as Call Waiting, Call Forwarding, or 3-Way Calling involve multiple calls and multiple charges.

∞ You agree to pay all taxes, fees, and surcharges set by the government. We may not always give advance notice of changes to these items. If you’re tax-exempt you must give us your exemption certificates and pay for any filings we make.

You’re “roaming” whenever you make or receive a call using a transmission site outside your Home Rate and Coverage Area, or using another company’s transmission site. Your wireless phone may sometimes connect to and roam on another company’s network even when you’re within your Home Rate and Coverage Area or Local Calling Area. There may be extra charges (including charges for long distance, tolls, or calls that don’t connect) and higher rates for roaming calls, depending on your Calling Plan.

Your bill reflects the fees and charges in effect under your Calling Plan at the time they’re incurred. You can dispute your bill, but only within 180 days of receiving it. Unless otherwise provided by state law, you must still pay any disputed charges until the dispute is resolved. Charges may vary depending on where your wireless phone is when a call starts. If a charge depends on an amount of time used, we’ll round up any fraction of a minute to the next full minute. Time starts when you first press SEND or the call connects to a network on outgoing calls, and when the call connects to a network (which may be before it rings) on incoming calls. Time may end several seconds after you press END or the call otherwise disconnects. For calls made on our network, we only bill for calls that are answered (which includes calls answered by machines). Most calls you make or receive during a billing cycle are included in your bill for that cycle. Billing for airtime (including roaming) and related charges may, however, sometimes be delayed. Delayed airtime will be applied against the included airtime for the month when you actually made or received the call, even though such charges may show up on a later bill. This may result in charges higher than you’d expect in the later month.

If you get disconnected by our network from a voice call in your Home Rate and Coverage Area, redial. If the same number answers within 5 minutes, call us within 90 days and we’ll give you a 1-minute airtime credit. If service is interrupted in your Home Rate and Coverage Area for more than 24 hours in a row due to our fault, call us within 180 days and we’ll give you a credit for the period of interruption. These are your only rights for dropped calls or interrupted service.

∞ Payment is due in full as stated on your bill. IF WE DON’T RECEIVE PAYMENT IN FULL WHEN DUE, WE MAY, TO THE EXTENT PERMITTED BY THE LAW OF THE STATE OF THE BILLING ADDRESS WE HAVE ON FILE FOR YOU AT THE TIME, CHARGE YOU A LATE FEE OF UP TO 1.5 PERCENT A MONTH (18 PERCENT ANNUALLY), OR A FLAT $5 A MONTH, WHICHEVER IS GREATER, ON UNPAID BALANCES. (IF YOU CHOOSE ANOTHER COMPANY TO BILL YOU FOR OUR SERVICE [SUCH AS ANOTHER VERIZON COMPANY], LATE FEES WILL BE SET BY THAT PARTY OR BY ITS TARIFFS, WHICH MAY BE HIGHER THAN OUR LATE FEE RATE.) WE MAY ALSO CHARGE YOU FOR ANY COLLECTION AGENCY FEES THAT WE ARE CHARGED BY A COLLECTION AGENCY WE USE TO COLLECT FROM YOU IF IT IS PERMITTED BY THE LAW OF THE STATE WHERE YOU HAVE YOUR BILLING ADDRESS WHEN WE FIRST SEND YOUR ACCOUNT TO A COLLECTION AGENCY. We may require an advance deposit (or an increased deposit) from you. We’ll pay simple interest on any deposit at the rate the law requires. Please retain your evidence of deposit. You agree that we can apply deposits, payments, or prepayments in any order to any amounts you owe us on any account. You can’t use a deposit to pay any bill unless we agree. We refund final credit balances of less than $1 only upon request. We won’t honor limiting notations you make on or with your checks. We may charge you up to $25 for any returned check, depending on applicable law.

If your wireless phone is lost or stolen, it is very important that you notify us immediately for your own protection, so that we can suspend your service to prevent further usage. If your bill shows charges to your phone after the loss but before you reported it, and you want a credit for those charges, we will investigate your account activity. You do not have to pay the charges you dispute while they are being investigated to determine whether the charges resulted from usage by someone not authorized to use the phone. Further, if we haven’t given you a courtesy suspension of recurring monthly fees within the prior year, we’ll give you one for 30 days, or until you replace or recover your wireless phone, whichever comes first. You may need to provide further information regarding the theft or loss if we ask for it.

You agree not to resell our service to someone else without our prior written permission. You also agree your wireless phone won’t be used for any other purpose that isn’t allowed by this agreement or that’s illegal. You agree that you won’t install, deploy, or use any regeneration equipment or similar mechanism (for example, a repeater) to originate, amplify, enhance, retransmit or regenerate a transmitted RF signal. WE CAN, WITHOUT NOTICE, LIMIT, SUSPEND, OR END YOUR SERVICE OR ANY AGREEMENT WITH YOU FOR THIS OR ANY OTHER GOOD CAUSE, including, but not limited to: (i) if you: (a) breach this agreement; (b) pay late more than once in any 12 months; (c) incur charges larger than a required deposit or billing limit (even if we haven’t yet billed the charges); (d) provide credit information we can’t verify; (e) become insolvent or go bankrupt; (f) lie to us; (g) allow anyone to tamper with your phone; or (ii) if you, any user of your phone, or any authorized contact on your account: (a) threatens or commits violence against our representatives; (b) uses vulgar and/or inappropriate language toward our representatives; (c) steals from us; (d) harasses our representatives; (e) interferes with our operations; (f) “spams,” or engages in other abusive messaging or calling; (g) modifies your  phone from its manufacturer’s specifications; or (h) uses the service in a way that adversely affects our network or other customers. We can also temporarily limit your service for any operational or governmental reason. If you file for bankruptcy, our rights to limit, suspend, or end your service or any agreement with you will be governed by bankruptcy law.

∞ We don’t publish directories of our customers’ phone numbers. We don’t provide them to third parties for listing in directories either.

∞ In the course of providing services to you, we may collect certain information that is made available to us solely by virtue of our relationship with you, such as information about the quantity, technical configuration, type, destination, and amount of your use of the telecommunications services you purchase. This information and related billing information is known as Customer Proprietary Network Information, or CPNI.  (CPNI does not include your name, address, and wireless phone number.) Further, except as provided in this agreement, we won’t intentionally share personal information about you without your permission. WE MAY USE AND SHARE INFORMATION ABOUT YOU AND HOW YOU USE THE SERVICES: (A) SO WE CAN PROVIDE OUR GOODS OR SERVICES; (B) SO OTHERS CAN PROVIDE GOODS OR SERVICES TO US, OR TO YOU ON OUR BEHALF; (C) SO WE OR OUR AFFILIATES CAN COMMUNICATE WITH YOU ABOUT GOODS OR SERVICES THAT ANY OF US OFFER (ALTHOUGH YOU CAN CALL US ANY TIME IF YOU DON’T WANT US TO DO THIS); (D) TO PROTECT OURSELVES; OR (E) AS REQUIRED BY LAW, LEGAL PROCESS, OR EXIGENT CIRCUMSTANCES. IN ADDITION, WE MAY INCLUDE OUR OWN OR THIRD-PARTY ADVERTISING IN THE SERVICES YOU’VE PURCHASED FROM US, AND WE MAY SHARE INFORMATION ABOUT YOU WITH AFFILIATES, VENDORS AND THIRD PARTIES TO, IN ADDITION TO THE ABOVE REASONS, DELIVER RELEVANT ADVERTISING TO YOU WHILE USING THE SERVICES. WE MAY COLLECT AND TRANSMIT INFORMATION REGARDING YOUR USE OF THE SERVICES THROUGH APPLICATIONS OR OTHER SOFTWARE PRESENT ON YOUR DEVICE. IF YOU DO NOT WANT US TO COLLECT, TRANSMIT OR USE SUCH INFORMATION ABOUT YOU FOR THE ABOVE PURPOSES, YOU SHOULD NOT USE THE SERVICES; BY USING THE SERVICES, YOU EXPRESSLY AUTHORIZE US TO USE YOUR INFORMATION FOR THESE PURPOSES. Further, you’ve authorized us to investigate your credit history at any time and to share credit information about you with credit reporting agencies and our affiliates. If you ask, we’ll tell you the name and address of any credit agency that gives us a credit report about you. It’s illegal for unauthorized people to intercept your calls, but such interceptions can occur. For training or quality assurance, we may also monitor or record our calls with you.

You may be eligible for a discount on your monthly access fee based on your affiliation with an organization that has an agreement with us, or if you qualify under a government employee discount program. When you make changes to your account, we may require you to validate that you still meet the eligibility requirements for the discount. You understand that by participating in a discount program (other than a government employee discount program), we may release certain information relating to your service (including your name, your wireless telephone number and total monthly charge) to your organization. We may adjust your discount in accordance with your organization’s agreement with us and remove your discount after your minimum term expires or if you end or change your affiliation with the organization. You agree that any change or removal of your discount, based on your affiliation with the organization or your organization’s agreement with us, shall not be considered to have a material adverse effect on you.

∞ WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING YOUR SERVICE OR YOUR WIRELESS PHONE. WE CAN’T PROMISE UNINTERRUPTED OR ERROR-FREE SERVICE AND DON’T AUTHORIZE ANYONE TO MAKE ANY WARRANTIES ON OUR BEHALF. THIS DOESN’T DEPRIVE YOU OF ANY WARRANTY RIGHTS YOU MAY HAVE AGAINST ANYONE ELSE.

∞ UNLESS THE LAW FORBIDS IT IN ANY PARTICULAR CASE, WE EACH AGREE TO LIMIT CLAIMS FOR DAMAGES OR OTHER MONETARY RELIEF AGAINST EACH OTHER TO DIRECT DAMAGES. THIS LIMITATION AND WAIVER WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, PRODUCTS LIABILITY, OR ANY OTHER THEORY. THIS MEANS THAT NEITHER OF US WILL SEEK ANY INDIRECT, SPECIAL, CONSEQUENTIAL, TREBLE, OR PUNITIVE DAMAGES FROM THE OTHER. THIS LIMITATION AND WAIVER ALSO APPLIES TO ANY CLAIMS YOU MAY BRING AGAINST ONE OF OUR SUPPLIERS, TO THE EXTENT THAT WE WOULD BE REQUIRED TO INDEMNIFY THE SUPPLIER FOR SUCH CLAIM. You agree we aren’t liable for problems caused by you or a third party; by buildings, hills, network congestion, tunnels, weather, or other things we don’t control; or by any act of God. You also agree we aren’t liable for missed Voice Mails, or deletions of Voice Mails from your Voice Mailbox (if you have one), even if you’ve saved them, or for other information that may be lost or deleted if we service your phone. If another wireless carrier is involved in any problem (for example, while you roam), you also agree to any limitations of liability in its favor that it imposes.

∞ WE EACH AGREE TO SETTLE DISPUTES (EXCEPT CERTAIN SMALL CLAIMS) ONLY BY ARBITRATION. THERE’S NO JUDGE OR JURY IN ARBITRATION, AND REVIEW IS LIMITED, BUT AN ARBITRATOR CAN AWARD THE SAME DAMAGES AND RELIEF, AND MUST HONOR THE SAME LIMITATIONS IN THIS AGREEMENT, AS A COURT WOULD. IF AN APPLICABLE STATUTE PROVIDES FOR AN AWARD OF ATTORNEY’S FEES, AN ARBITRATOR CAN AWARD THEM TOO. WE ALSO EACH AGREE, TO THE FULLEST EXTENT PERMITTED BY LAW, THAT:

(1) THE FEDERAL ARBITRATION ACT APPLIES TO THIS AGREEMENT. EXCEPT FOR QUALIFYING SMALL CLAIMS COURT CASES, ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR ANY PRIOR AGREEMENT FOR WIRELESS SERVICE WITH US OR ANY OF OUR AFFILIATES OR PREDECESSORS IN INTEREST, OR ANY PRODUCT OR SERVICE PROVIDED UNDER OR IN CONNECTION WITH THIS AGREEMENT OR SUCH A PRIOR AGREEMENT, OR ANY ADVERTISING FOR SUCH PRODUCTS OR SERVICES, WILL BE SETTLED BY ONE OR MORE NEUTRAL ARBITRATORS BEFORE THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) OR BETTER BUSINESS BUREAU (“BBB”). YOU CAN ALSO BRING ANY ISSUES YOU MAY HAVE TO THE ATTENTION OF FEDERAL, STATE, OR LOCAL GOVERNMENT AGENCIES AND THEY CAN, IF THE LAW ALLOWS, SEEK RELIEF AGAINST US ON YOUR BEHALF.

(2) FOR CLAIMS OVER $10,000, THE AAA’S WIRELESS INDUSTRY ARBITRATION (“WIA”) RULES WILL APPLY. FOR CLAIMS OF $10,000 OR LESS, THE COMPLAINING PARTY CAN CHOOSE EITHER THE AAA’S SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES, AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT, OR THE BBB’S RULES FOR BINDING ARBITRATION. EACH OF US MAY BE REQUIRED TO EXCHANGE RELEVANT EVIDENCE IN ADVANCE. IN LARGE/COMPLEX CASES UNDER THE WIA RULES, THE ARBITRATORS MUST APPLY THE FEDERAL RULES OF EVIDENCE AND THE LOSER MAY HAVE THE AWARD REVIEWED BY A PANEL OF THREE NEW ARBITRATORS.

(3) YOU CAN OBTAIN PROCEDURES, RULES, AND FEE INFORMATION FROM THE AAA (WWW.ADR.ORG), THE BBB (WWW.BBB.ORG), OR FROM US. THIS AGREEMENT DOESN’T PERMIT CLASS ARBITRATIONS EVEN IF THOSE PROCEDURES OR RULES WOULD. IN EXCHANGE FOR YOUR AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS, WE’RE PROVIDING YOU A FREE INTERNAL MEDIATION PROGRAM. MEDIATION IS A PROCESS FOR MUTUALLY RESOLVING DISPUTES. A MEDIATOR CAN HELP PARTIES REACH AGREEMENT, BUT DOESN’T DECIDE THEIR ISSUES. IN OUR MEDIATION PROGRAM, WE’LL ASSIGN SOMEONE (WHO MAY BE FROM OUR COMPANY) NOT DIRECTLY INVOLVED IN THE DISPUTE TO MEDIATE. THAT PERSON WILL HAVE ALL THE RIGHTS AND PROTECTIONS OF A MEDIATOR. NOTHING SAID IN THE MEDIATION CAN BE USED IN A LATER ARBITRATION OR LAWSUIT. CONTACT US AT WESTVIRGINIAWIRELESS.COM OR THROUGH CUSTOMER SERVICE TO FIND OUT MORE.

(4) IF YOU REQUEST MEDIATION UNDER OUR PROGRAM, PARTICIPATE IN GOOD FAITH IN AT LEAST ONE TELEPHONIC MEDIATION SESSION, AND THE MEDIATION DOESN’T RESOLVE THE DISPUTES BETWEEN US, WE’LL PAY ANY FILING FEE LATER CHARGED YOU BY THE AAA OR BBB FOR ONE ARBITRATION OF THOSE DISPUTES. IF THAT ARBITRATION PROCEEDS, WE’LL ALSO PAY ANY FURTHER ADMINISTRATIVE AND ARBITRATOR FEES LATER CHARGED FOR IT AND (IF THE ARBITRATION AWARD IS APPEALABLE UNDER THIS AGREEMENT) ANY APPEAL TO A NEW THREE ARBITRATOR PANEL. WE MAY MAKE YOU A WRITTEN OFFER OF SETTLEMENT ANY TIME BEFORE ARBITRATION BEGINS. IF WE DO AND YOU DON’T RECOVER IN ARBITRATION MORE THAN 75% OF THE OFFERED AMOUNT, YOU AGREE TO REPAY US THE LESSER OF ANY FEES WE ADVANCED OR WHAT YOU WOULD HAVE PAID IN FEES AND COSTS IN COURT UNDER SIMILAR CIRCUMSTANCES.

(5) ANY ARBITRATION AWARD MADE AFTER COMPLETION OF AN ARBITRATION IS FINAL AND BINDING AND MAY BE CONFIRMED IN ANY COURT OF COMPETENT JURISDICTION. AN AWARD AND ANY JUDGMENT CONFIRMING IT ONLY APPLIES TO THE ARBITRATION IN WHICH IT WAS AWARDED AND CAN’T BE USED IN ANY OTHER CASE EXCEPT TO ENFORCE THE AWARD ITSELF.

(6) IF FOR SOME REASON THE PROHIBITION ON CLASS ARBITRATIONS SET FORTH IN SUBSECTION (3) ABOVE IS DEEMED UNENFORCEABLE, THEN THE AGREEMENT TO ARBITRATE WILL NOT APPLY. FURTHER, IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, WE EACH WAIVE ANY TRIAL BY JURY.

∞ You represent that you’re at least 18 years old and have the legal capacity to accept this agreement. If you’re ordering for an organization, you’re representing that you’re authorized to bind it, and where the context requires, “you” means the organization.

∞ A waiver of any part of this agreement in one instance isn’t a waiver of any part or any other instance. You can’t assign this agreement or any of your rights or duties under it. We may assign all or part of this agreement or your debts to us without notice, and you agree to make all subsequent payments as instructed. NOTICES ARE CONSIDERED DELIVERED WHEN WE SEND THEM BY EMAIL OR FAX TO ANY EMAIL OR FAX NUMBER YOU’VE PROVIDED TO US, OR 3 DAYS AFTER MAILING TO THE MOST CURRENT BILLING ADDRESS WE HAVE ON FILE FOR YOU, IF BY US, OR TO THE CUSTOMER SERVICE ADDRESS ON YOUR MOST RECENT BILL, IF BY YOU. If any part of this agreement, including any part of its arbitration provisions, is held invalid, that part may be severed from this agreement. This agreement and the documents to which it refers form the entire agreement between us on their subjects. You can’t rely on any other documents or statements on those subjects by any sales or service representatives, and you have no other rights with respect to service or this agreement, except as specifically provided by law. This agreement isn’t for the benefit of any third party except our parents, affiliates, subsidiaries, agents, and predecessors and successors in interest. Except to the extent we’ve agreed otherwise in the provisions on late fees, collection costs and arbitration, or as required by Federal law, this agreement and disputes covered by it are governed by the laws of the state encompassing the area code assigned to your wireless phone number when you accepted this agreement, without regard to the conflicts of laws rules of that state.

For your well-being and the well-being of those around you, you should always use your wireless phone responsibly while driving. The following recommendations and reminders are not only sensible, they may be mandatory in your area.

• When behind the wheel, safe and responsible driving is always your first priority.

• Do not manually dial or look up phone numbers when driving. Pre-program important and frequently-dialed numbers and use the voice-activated and speed-dialing features of your phone. Do not take notes while driving.

• Using a wireless phone while driving may increase your risk of distraction, whether or not you use a hands-free device. To eliminate this risk, consider turning your phone off and allowing calls to go to Voice Mail.

• The risk of using a wireless phone while driving may be increased during hazardous traffic or weather conditions. When driving in these conditions, consider turning your phone off and allowing calls to go to Voice Mail.

• If you choose to talk while driving, always use a hands-free device. Make sure your hands-free device is on and working before driving.

• Do not engage in complex, stressful, or emotional calls while driving.

• Know your wireless phone number so emergency personnel can call you back. You may want to write it down and keep it in your car for quick reference.

Calls to 800, 855, 866, 877 and 888 numbers are toll free; however, you will be billed for airtime. The exceptions are calls to West Virginia Wireless Customer Service and Technical Support (press *611 "SEND") from your wireless phone) and emergency calls (911), which are toll and airtime free. 911 Emergency Assistance:press *911 "SEND" (toll- and airtime-free from your wireless phone).

West Virginia Wireless wants to protect your privacy and works hard to prevent unauthorized phone usage or fraud. Wireless phone numbers and calls are capable of being intercepted by someone with specialized equipment. We use anti-fraud
technology to make fraudulent calling very difficult, particularly on digital calls. When roaming in some areas outside our network, you may still need to enter a PIN code before you can place calls. If you did not receive a PIN code when you enrolled
for service, and you need one, please call Customer Service.

Here are some other steps you can take to protect yourself:
• Report a lost or stolen phone to the police and West Virginia Wireless immediately.
• Never leave your phone unattended, especially in your office or car.
• When not in use, lock phone using your lock code.
• Review your bill and report any suspicious calling activity. If we conclude that the calls are fraudulent, you will not be held responsible for the charges.
• Record your phone’s electronic serial number in the back of this Welcome Guide and keep it in a safe place.
• Have your phone serviced only at a West Virginia Wireless Store.

The Federal Communications Commission (FCC) requires that wireless phones be operated in accordance with FCC rules and regulations and under supervision of the licensee.

Severe punishment can result from failure to comply with the following regulations:

• No person shall knowingly utter or transmit any false or fraudulent signal or distress communication.
• No person shall willfully or maliciously interfere with, or cause interference to, any radio communication or signal.
• It is unlawful to “listen in” on conversations intended for others or to divulge any information thereby obtained.
• No person shall utter any obscene, indecent or profane language by means of radio communication.

• FCC regulations prohibit telemarketers from using automated dialers to call wireless phone numbers.
• The federal government does not maintain a national wireless phone registry.
• Personal wireless phone users can add their wireless numbers to the National Do Not Call Registry by either of the following methods:

1. By telephone: 1.888.382.1222 from the telephone number you wish to register.
2. Online at: www.donotcall.gov.

Registrations become effective within 31 days of signing up and are active for five years. There is no cutoff date or deadline for registrations. For more detailed information, please go to www.fcc.gov.

TTY (Text Telephony) or TDD (Telecommunications Device for the Deaf) allows individuals who are deaf, hard of hearing or have speech or language disabilities to communicate by telephone. When a user types his or her conversation on a TTY keyboard, it is transmitted as tones through the telephone. The tones are received by the other person’s TTY, translated into text and displayed on a screen. In order to
use the TTY network, your phone must be TTY-compatible and must be in the TTY mode in order to place or receive calls. Please note that most digital wireless phones are TTY-compatible devices.

We currently restrict from our offered services content that, benchmarked against other media distribution sources, would be considered inappropriate for people up to and including the age of 17. We have no plans to offer services that are rated for people age 18 or older, and will not do so until we have implemented appropriate
6 age-restriction systems. Internet access and peer-to-peer communications like email, text messaging and phone calls are not included in services that are restricted.

We will gladly accept returns or make exchanges on all merchandise
purchased from West Virginia Wireless.

You may terminate service for any reason within 30 days of activation. If you purchased equipment from us at a promotional price at the time of activation, you must return that equipment to avoid being assessed a $175 Early Termination Fee. You will be responsible for all applicable usage fees, prorated access charges, taxes, surcharges or other charges that accrued to your account through the termination date. If you paid a security deposit, it may take between 30 and 60 days to process the return of your security deposit. The charges for any service used on the account before the service termination date may be applied against your security deposit.

You may return any or all of your merchandise for any reason within 30 days of purchase.

The original customer receipt must accompany all returns. If you cancel your service after the 30-day period, but prior to the expiration of your minimum term, you will be responsible for all applicable usage fees, access charges, taxes, surcharges or other charges that accrued to your account through the termination date, including an Early Termination Fee of up to $175.

If you return your merchandise, even by mistake, more than 30 days after your purchase, you will not receive a refund and the merchandise you returned will not be returned to you.

At our discretion, we may decline your return or charge you a fee for a missing item, or for items that we determine are damaged or require service. If you return and we accept your merchandise within the 30- day return period, we will refund your merchandise’s purchase price. If you return a phone without a UPC on the box, the amount of the refund will be reduced by the amount of any mail-in rebate that was available for the phone at the time of purchase. Purchases made by cash or check, credit card, or gift card will be refunded by check, credit card or gift card, respectively.

If you received your merchandise through a “Buy One, Get One Free”or similar offer, both items must be returned in order to receive a refund. If you received a discount based on the purchase of an item, the return of that item will result in the forfeit of the discount, which may be deducted from any refund amount. For exchanges for the same merchandise make and model, only the item to be exchanged needs to be included.

Before returning or exchanging any product that has data in its memory, please transfer all files you wish to retain to another file source. Once the product is returned, your files cannot be recovered. Because the FCC requires that carriers convert nearly all of their handsets to GPS capability, West Virginia Wireless will no longer allow non-GPS phones to be activated on our network. If you upgrade from
a non-GPS-capable to a GPS-capable phone and then return it within the 30-day period, West Virginia Wireless will not allow the older non- GPS-capable phone back on our network. We will, however, allow you to exchange your new phone for another GPS-capable device that will meet your needs.

• Customers who purchased their merchandise at a West Virginia Wireless Store should return/exchange their merchandise at a West Virginia Wireless Store only.
• Pack the merchandise (including phone, charger, battery, instructions, etc.) in its ORIGINAL box.
• All merchandise must be in like-new condition. The original customer receipt must accompany all returns. Merchandise is not eligible to be returned if the UPC code for the box is missing. Please retain a copy of the receipt for your records.
• Return the merchandise to any West Virginia Wireless Store.
• Returning your merchandise does not automatically terminate your service. Cancellation of service can only be done at the request of the customer.

Within 30 days of purchase of new merchandise, you may exchange it one time. In order to make the exchange, return the merchandise (including phone, charger, battery, instructions, etc.) in its ORIGINAL box. All merchandise must be in like-new condition. Please have your customer receipt available as proof of purchase.

Shipping charges may apply to exchange merchandise sent to you by
West Virginia Wireless.

If you purchased your merchandise over the phone from one of our Customer Service Representatives, please contact the phone number on your customer receipt for more details on completing your exchange. If you purchased your merchandise from a West Virginia Wireless Store, please contact the store for more information on completing your exchange.

If your phone malfunctions as a result of a manufacturing defect after the return and exchange period but within the first year that you own the phone, West Virginia Wireless will either exchange your phone for a like unit or one of comparable quality at no cost to you, or assist you in sending the phone to the manufacturer’s authorized repair facility.

If you choose to exchange your phone, the phone you receive may be refurbished equipment. Once you have exchanged your phone,
we will not be able to undo the exchange and return your original phone to you. If you have difficulty with the refurbished phone, West Virginia Wireless will replace it with another refurbished phone. Refurbished phones will carry the remaining warranty period from the original phone, or 90 days, whichever is greater. Unless you have enrolled in the Extended Warranty or Total Equipment Coverage programs, West Virginia Wireless will assess a fee for equipment that is replaced due to electrical malfunction or manufacturer defect after the one-year warranty period.

Phones subjected to neglect, misuse, water damage, unreasonable wear and tear, and the like, are not eligible for any return or exchange program. This program does not cover lost or stolen phones. These policies do not limit or supersede any existing manufacturer’s warranties.

This program may be considered to be a “warranty” or “service
contract” in certain states. In these states, please refer to the
West Virginia Wireless Calling Plans brochure for full details.