Hendricks v. AT&T Mobility LLC

Filing 35

MOTION to Compel Arbitration and To Stay Case filed by AT&T Mobility LLC. Motion Hearing set for 9/23/2011 10:00 AM in Courtroom 8, 19th Floor, San Francisco before Hon. Charles R. Breyer. Responses due by 7/21/2011. Replies due by 7/28/2011. (Attachments: # 1 Affidavit Lilian L. Chan, # 2 Affidavit Chenell Cummings (Part 1 of 2), # 3 Affidavit Chenell Cummings (Part 2 of 2), # 4 Affidavit Adam Gill, # 5 Affidavit Senthil Kumar, # 6 Affidavit Romi Manchanda, # 7 Affidavit Theodore Weiman, # 8 Proposed Order)(Nadolenco, John) (Filed on 7/7/2011)

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Donald M. Falk (CA Bar No. 150256)
[e-mail]
MAYER BROWN LLP
Two Palo Alto Square, Suite 300
3000 El Camino Real
Palo Alto, CA 94306-2112
Telephone: [phone]
Facsimile: [phone]
John Nadolenco (CA Bar No. 181128)
[e-mail]
Lisa W. Cornehl (State Bar No. 232733)
[e-mail]
MAYER BROWN LLP
350 South Grand Avenue, 25th Floor
Los Angeles, CA 90071-1503
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
AT&T Mobility LLC

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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Case No. CV 11-00409-CRB
PATRICK HENDRICKS, on behalf of himself
and all others similarly situated,
Plaintiff,

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DECLARATION OF ADAM GILL IN
SUPPORT OF DEFENDANT AT&T
MOBILITY LLC’S MOTION TO
COMPEL ARBITRATION AND TO
STAY CASE

vs.
AT&T MOBILITY, LLC,

Date: September 23, 2011
Time: 10:00 a.m.
Courtroom 8

Defendant.
Honorable Charles R. Breyer

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DECLARATION OF ADAM GILL IN SUPPORT OF DEFENDANT ATTM’S
MOTION TO COMPEL ARBITRATION; CASE NO. CV 11-00409-CRB

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I, Adam Gill, hereby declare as follows:

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1.

The following facts are of my own personal knowledge, and if called as a witness

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I could and would testify competently as to their truth.
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2.

I am employed by AT&T Mobility LLC (“ATTM”) as Senior Area Manager of

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the Converged Services and Customer Experience group. Prior to January 2007, ATTM was
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known as Cingular Wireless LLC (“Cingular”). I am familiar with the routine business policies
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and procedures by which customers may place a telephone order for wireless service from
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ATTM, and by which customers could have placed a telephone order for wireless service from
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Cingular. I am also familiar with the routine business policies and procedures concerning how
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such customers were and are presented with and able to accept the terms and conditions of
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ATTM (and Cingular) service. In addition, I am familiar with the manner in which customer
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records and documents containing ATTM’s and Cingular’s terms of service are stored and may
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be retrieved in the regular and ordinary course of business.
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3.

As a matter of Cingular’s routine business practices and policies, when a

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customer placed a telephonic order in June 2005 with a Cingular representative for a cellular
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phone, that customer was sent a Cingular Welcome Kit that included, among other things,
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personalized information specific to the customer’s phone and service plan as well as the
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Cingular terms of service. A true and correct redacted exemplar of the version of the Cingular
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Welcome Kit that was sent to customers in June 2005 is attached as Exhibit 1.
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4.

As a matter of Cingular’s routine business practices and policies, a customer’s

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personalized Cingular Welcome Kit, including the terms of service, was made available at the
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website http://www.cingularwelcomekit.com for approximately 30 days after the phone
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purchase.
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5.

I have reviewed records for plaintiff Patrick Hendricks’s account. According to

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these records, Mr. Hendricks placed an order by telephone for a cellular phone and wireless
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service on June 1, 2005.
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6.

As a matter of Cingular’s routine business practices and policies, a customer who

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DECLARATION OF ADAM GILL IN SUPPORT OF DEFENDANT ATTM’S
MOTION TO COMPEL ARBITRATION; CASE NO. CV 11-00409-CRB

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ordered wireless service and a cellular phone by telephone in June 2005 would have had the
option to activate his or her device by using Cingular’s website to accept the terms of Cingular
wireless service.

I declare under penalty of perjury that the foregoing is true and correct. Executed on
February 28, 2011, at Atlanta, Georgia.

__________________________
Adam Gill

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DECLARATION OF ADAM GILL IN SUPPORT OF DEFENDANT ATTM’S
MOTION TO COMPEL ARBITRATION; CASE NO. CV 11-00409-CRB

Exhibit 1

Welcome
EMPLOYEE LIABLE
This Welcome Kit includes everything you need to get
started using your new wireless service and to get
acquainted with your calling plan and calling features.

Cingular's Online Services
Start managing your account the way you want, when you
want, day or night. It's quick, easy and free. Just go to
my.cingular.com and register for online access today.
• View your unused minutes
• Change your rate plan
• View and pay your bill
• Manage your features
• Manage your service
Send messages, share photos, download ringtones and
more - each is a part of Cingular MEdia. Learn more and
sign up at www.cingular.com/media.
Need answers about your phone, how to download
ringtones, graphics or setup voice mail? Visit our online
support at my.cingular.com.

*

Services:

FREE account information at your fingertips, 24
hours a day - 7 days a week
• To pay your bill from your wireless phone (by check,
debit or credit card)
* PAY (* 729)
Listen to get immediate access to our automated system.
• To check your balance due for payment
* BAL# (* 225)
Within seconds, your balance is delivered via a text
message to your phone screen.
• To check the number of minutes used
* MIN# (* 646)
Within seconds, the minutes you used are delivered via a
text message to your phone screen.
• To sign up for Roadside Assistance, Voice Connect
and more
* NOW (* 669)

ACKB5ENG103004

Welcome Kit
This Welcome Kit has been custom-prepared for you,

EMPLOYEE LIABLE

Welcome to Cingular Wireless

You are now part of the largest digital voice and data network in America! Your personalized Welcome Kit is an easy-to-read
guide that summarizes your service. Please keep it handy for future reference especially when you receive your first bill. Please
refer to your legal contract, receipt, and terms & conditions for other questions. You will be receiving, or may have already
received, the state-of-the-art wireless phone you selected. In addition, visit www.cingularwelcomekit.com to view your
Welcome Kit online. We appreciate your business!

Inside this Document:
STEP 1

Review the details of your Calling Plan, Features and
General Information as this section will help you get
acquainted with your service.

STEP 2
Review the Wireless Service Agreement and Rate Plan
Terms & Conditions.

STEP 3
Installing/Verifying SmartChip installation:
Verify that the SmartChip is installed. If the SmartChip
has been installed, move to Step 4. (Instructions for
installing the SmartChip may be found on the last
page).

STEP 6
Included in this Welcome Kit you will find:
• Details about your Calling Plan, Features & Equipment
• Additional Services Available
• Understanding Your First Bill
• Voice Mail Instructions
• Coverage Map(s)
• Rate Plan Terms & Conditions
• Wireless Service Agreement (Your copy)
• SmartChip Installation

STEP 4
Charging Your Battery - Charge your phone for 8 hours
before placing any calls. Please ensure your phone is
"Powered Off" before proceeding to the next step.

STEP 5
Accepting Terms & Conditions - To accept the terms of
service, you need the following: Your wireless phone
number, or shipping Zip Code, and your SSN or tax ID. Call
1-866-895-1099 from any telephone other than your
new wireless handset, and follow the instructions
provided to activate your wireless phone. Once you
have completed this process, wait 20 minutes and turn
your phone on. (NOTE: If you do not call within 30 days
to accept the Terms & Conditions, your account will
automatically be charged the full retail price of the
phone).

• Still having issues, call us at 1-866-CINGULAR.
• The hours of operation for Cingular activation centers are Monday - Friday, 7AM to 7PM Central Time.

The Calling Plan For You,
EMPLOYEE LIABLE
MY PLAN

MY INFO
Wireless Phone Number

[phone]

My Rate Plan: FT14NATP500RUMMUNW

Foundation Account Number (“FAN”)

My Features Include:
Activation Date

08/21/2005

2 Years

Activation Charge

$45.00

CALLER ID

INCLUDED

UNLIMITED MOBILE TO MOBILE
MINUTES

INCLUDED

UNLIMITED NIGHTS AND
WEEKEND MINUTES

INCLUDED

DETAILED BILLING - DATA

INCLUDED

ROAMING

INCLUDED

CALL WAITING

INCLUDED

MULTIMEDIA MESSAGING - PAY
PER USE

INCLUDED
INCLUDED
INCLUDED

TEXT MESSAGING - PAY PER USE

INCLUDED

3-WAY CALLING

INCLUDED
INCLUDED

$18.00

Monthly Service Charge
Other charges are listed under My Plan Details.

INCLUDED

MEDIA NET PAY PER USE

Term Of Service

CALL FORWARDING

ANYTIME ROLLOVER MINUTES

$0.00

INCLUDED

LONG DISTANCE

Shipping & Handling

BASIC VOICE MAIL

Regular Minutes
Anytime and daytime.

500

Additional Minute Charge

$0.45

Night & Weekend Minutes

Unlimited

Mobile to Mobile Minutes

Unlimited

Roaming Charges per Minute

FREE

MY EQUIPMENT
My Phone:
Motorola V180
My Accessory: NO ACCESSORIES PURCHASED
TOTAL

$49.99
$0.00

$49.99

Equipment pricing above is prior to any applicable discounts
being applied. Any applicable discounts will be reflected on
your bill as a National Account Discount.

The Calling Plan For You,
EMPLOYEE LIABLE
OTHER IMPORTANT INFO
PLEASE NOTE –
• Lost/Stolen Equipment: If you need to suspend your
phone because it has been lost or stolen, please call 866CINGULAR to suspend your service immediately.
• To re-establish automatic debit or credit card payment of
your bill, go to www.cingular.com and click on manage my
account or call 1-800-331-0500.
• Text Messaging charges are applied for messages sent
and received.
• Mobile to Mobile minutes apply when dialing from your
calling area.
• Roaming - Unless you have a GSM Nation Plan, your bill
will include roaming charges if you make or receive calls
outside your calling plan coverage area. Exceptions may
apply.
• 10 digit dialing (area code + number) is recommended.
• Service Cancellation and Early Termination Fee - If you
cancel your service contract within 30 days of service activation, any activation fee charged will be refunded. If you
cancel your service after 30-days but before the date your
contract expires, an early termination fee will be charged.
Fees vary by state. For complete details, refer to your
terms & conditions located within this document.
• Airtime minutes apply when...
Call 411 (up to $1.50 charge per call).
Calling toll-free numbers (800, 866, etc.). Incoming calls,
outgoing calls, long distance calls and voicemail.
• Return Policy - Cingular provides a 30-day
exchange/return period on equipment and accessories per
individual purchase. Any exchange/return of equipment
must be received by Cingular within the 30 days from shipment date to receive a refund. Only pay for the minutes
and services used. See return policy and instructions located in the back of this document.

GENERAL INFORMATION
MEDIA SERVICES - You can still use your phone for
messaging if you are not on a package:
Text Messaging - 10¢ per message sent and received.
20¢ per message for international messages sent.
MultiMedia Messaging - 25¢ per message.
MEdia Net - 1¢ per KB.

ROLLOVER MINUTES - Unused, accumulated,
Anytime Minutes that carry over from month to month.
• Will expire when the minutes reach an age of 12
billing periods.
• Minutes that are not 12 billing periods old will
remain in the Current Rollover Balance until they are
used, or they will expire when they reach an age of 12
billing periods.
• Customers will be able to view their accumulated
minutes on their monthly bill.
• Customers will start to accumulate their unused
Anytime Minutes each month after the first full billing
period.
• Rollover Minutes are not redeemable for cash and
are not transferable.
• Customers that migrate to a Non-Rollover plan will
lose all accumulated minutes.

* SERVICES - FREE account information at your
fingertips, 24 hours a day - 7 days a week.
• To pay your bill from your wireless phone (by check,
debit or credit card):
Dial: *PAY SEND (*729 SEND)
Listen to get immediate access to our automated system.
• To check your balance due for payment:
Dial: *BAL# SEND (*225# SEND)
Within seconds, your balance is delivered via a text
message to your phone screen.
• To check the number of minutes used:
Dial: *MIN# SEND (*646 SEND)
• To add one or more of these features to your service:
Phone insurance, Roadside Assistance, Text Messaging,
Voice Connect:
DIAL: *NOW# SEND
Please see www.cingular.com/starservices for limitations
applicable to this service. Within seconds, your balance is
delivered via a text message to your phone screen.
Results for FamilyTalk customers may not involve all
minutes for the entire FamilyTalk Group.

Some of these services may not be available with your plan, or you may not have activated these services.
Exceptions and additional fees may apply. Please check online at www.cingular.com for more information.

The Calling Plan For You,
EMPLOYEE LIABLE

INTERNATIONAL ROAMING - International Roaming
allows customers to travel abroad and use their wireless
phones. If you are planning on roaming internationally,
you will need to contact Customer Service a minimum of
one week prior to leaving to ensure that roaming is
available in the country you plan to visit, your phone is
compatible with the foreign service provider, and your
account is set up to allow usage on their network. Visit
www.cingular.com/cingularworld to obtain additional
roaming information, which includes a listing of countries
where you can roam with your Cingular service. For
technical support contact 1-678-721-3900.
MANAGE MY ACCOUNT - Personalized information
on your account via www.cingular.com or 1-800-331-0500.
• Review rate plan
• View current minutes used
• Pay bill online
• Add/remove phone features
• View bill online
• Set up Auto Pay
• Explanation of your bill
• Change address

PAPERLESS BILLING - Save time and gain access to
your bill sooner by changing your monthly bill to
paperless. Go online at www.cingular.com. Within My
Profile section, select Edit under Suppress Paper Bill.
NATIONWIDE LONG DISTANCE - Calls can be
made to anywhere in the 50 states when made from your
Calling Plan Area.(Restrictions on local plans may apply).
• Rates for international long distance calls vary and are
not included in the plan.

ENHANCED VOICEMAIL - Access your voice mail
messages from any touch-tone phone.
• Even when you’re away from your phone, you’ll never
miss a call.
FASTFORWARD SERVICE - Save your wireless calling
minutes with FastForward. Forward your calls from your
wireless phone to your local home or office phone
without deducting from your wireless pool of minutes.

EXCHANGE BY MAIL - Repair or replace your
wireless phone without leaving your home. If your
phone is under warranty, call 1-800-801-1101, or visit
www.cingular.com and select My Account. You will be
on your way to receiving your replacement phone by
mail.

MEDIA SERVICES - You can still use your phone for
messaging if you are not on a package:
Text Messaging - 10¢ per message sent and received.
20¢ per message for international messages sent.
MultiMedia Messaging - 25¢ per message.
MEdia Net - 1¢ per KB.
$7-7-7 - Nights start at 7 p.m. for only $7 per month
or $14 per month on FamilyTalk plans. Start your night
and weekend minutes 2 hours earlier! For only $7 per
month or $14 per month on FamilyTalk plans, you can
get:
• Up to 10 additional hours per week.
• Up to 40 additional hours per month.
• More convenient times to utilize your Night and
Weekend minutes.

BASIC VOICE MAIL - Even when you can’t get to the
phone, you won’t miss a call.
• Callers can leave a message for you.
• Retrieve the message when you want.

CALL FORWARDING - Forward your incoming calls to
another phone number. Airtime charges, plus any
applicable long distance and/or roaming charges, are
incurred for calls forwarded.
UNLIMITED MOBILE TO MOBILE MINUTES - Calls
to and from other local Cingular customers in your
mobile to mobile calling area.
• Mobile to Mobile Minutes do not roll over. (Exceptions
may apply).

Some of these services may not be available with your plan, or you may not have activated these services.
Exceptions and additional fees may apply. Please check online at www.cingular.com for more information.

Understanding Your First Bill
Below is an example of charges that will appear only on your first bill, as well as taxes and other charges that will appear on
your first as well as subsequent bills.
• It may be a little higher than you expected, but don't worry.
• First bills include not only your regular monthly rate (billed one month in advance), but taxes, an activation charge, a
pro-rated amount for the days left in the month when you signed up, plus minutes used beyond plan minutes.
• Also, your monthly Rollover Minutes start after the first full-month's billing.
• The estimates below are based on the highest tax/fee/surcharge rates assessed in your state. Your actual
taxes/fees/surcharges may be less. This estimate is for your wireless phone number. These charges will be added to your
existing bill.

Monthly Service Charges
Rate Plan:
FT14NATP500RUMMUNW

[phone]
Ongoing
First Bill
Bill
$55.16

$45.00

Optional Services
BASIC VOICE MAIL
CALL FORWARDING
CALLER ID
UNLIMITED MOBILE TO MOBILE MINUTES
UNLIMITED NIGHTS AND WEEKEND MINUTES
DETAILED BILLING - DATA
ROAMING
CALL WAITING
MULTIMEDIA MESSAGING - PAY PER USE
LONG DISTANCE

Included
Included
Included
Included
Included
Included
Included
Included
Included
Included

SAMPLE

Total Monthly Service Charge
Usage Charges
Additional Minute Charge
Roaming Charge
Directory Assistance
Long Distance Charge
Total Usage Charges
Credits, Adjustments & Other Charges
Activation Charge
Equipment Charge
Shipping & Handling
Regulatory Cost Recovery Fee
Federal Universal Fund
State Universal Service Fund
State Gross Receipts Surcharge
Total Credits, Adjustments & Other Charges
Taxes
Federal Excise Tax
State & Local Tax
911 Fee
Total Taxes
Total Charges For:

[phone]

Included
Included
Included
Included
Included
Included
Included
Included
Included
Included

$55.16

$45.00

BASED
ON
ACTUAL
USAGE

$18.00
$49.99
$0.00
$2.50
$1.68
$0.00
$0.00
$22.18

$0.00
$0.00
$0.00
$1.25
$1.37
$0.00
$0.00
$2.62

$1.65
$3.86
$3.00
$8.51
$85.85

$1.35
$3.15
$1.50
$6.00
$53.62

Cingular also imposes the following charges: a Regulatory Cost Recovery Fee of up to $1.25 to
help defray its costs incurred in complying with obligations and charges imposed by State and
Federal telecom regulation, a gross receipts surcharge, and State and Federal Universal Service
charges. The Regulatory Cost Recovery Fee is not a tax or a government required charge.

Wireless Summary For: VICKI STEVENS

Instructions for Setting Up Voice Mail

Voice Mail Instructions
Setting Up Your Voice Mailbox From Your Mobile Phone
1

PRESS
and HOLD 1

2

to personalize
FOLLOW
the voice prompts2 your Voice Mailbox

If required, follow
these instructions
to re-establish
your Voice
Mailbox.

Checking Your Voicemail Message From Your Mobile Phone
1

PRESS
and HOLD 1

2

FOLLOW
the voice prompts

Checking Your Voicemail Messages From Any Phone Other Than Your Mobile Phone
1

2

3

4

PRESS your 10-digit
wireless number

PRESS
when
the greeting begins

PRESS your
personal pass code

FOLLOW
the voice prompts

*

While Roaming: Press and hold the 1 key and follow the voice prompts to access your Voicemail. *Additional information or
questions concerning Voicemail may be directed towards Customer Service at 611 (press Voicemail option), a FREE call from your
wireless phone, or call 1-800-331-0500
For more information on Voice Mail and other great features and products, please visit our website at:

www.cingular.com
Additional information or questions concerning Voice Mail may be directed towards Customer Service at 611 (press voice mail option)
a FREE call from your wireless phone, or call 1-866-CINGULAR (1-866-246-4852).
For Deaf/hard of hearing customers: TTY1-866-241-6567
Questions on accessibility by persons with disabilities: 1-866-241-6568.

VML TP P 0404 0131
D78053GA,TN,KY, SFL, NC,
SC, PA, NJ,DE, NY, MA, CT,
RI, TX, OK, AR,KS, MO, OH,
MI, WI, IL, IN, MD© 2004
Cingular Wireless LLC.

Future Coverage
• Estimated Availability
by Year End 2005

Your phone's display does not indicate the rate you will be charged. Please review your coverage map for areas included in and
out of plan. Map depicts an approximation of outdoor coverage. Map may include areas served by unaffiliated carriers and may
depict their licensed area rather than an approximation of the coverage there. Actual coverage area may differ substantially from
map graphics, and coverage may be affected by such things as terrain, weather, foliage, buildings and other construction, signal
strength, customer equipment and other factors. Cingular does not guarantee coverage. Charges will be based on the location
of the site receiving and transmitting the call, not the location of the subscriber. Future Coverage, if depicted above, is based
on current planning assumptions but is subject to change and may not be relied upon.
78802-EN-9

Cingular GSM handset required on Cingular Nation plans.

Cingular Nation (with a GSM handset)
• Anytime, Mobile to Mobile and
Night & Weekend Minutes apply

No Service Area

Voice Coverage Map

Rate Plan Terms

Terms Applicable to Cingular Nation GSM Plans:
Terms Applicable to Cingular Nation GSM Plans: GSM dual-band handset required. Wireless service is subject to credit approval. An early termination fee of $240 prorated
over the length of the service agreement applies to subscriptions in the following states: AL, FL, GA, KY, LA, MS, NC, SC, TN, NY and parts of IN and NJ. A non-prorated $150
early termination fee applies in all other areas. If phone is returned within 3 days, activation fee will be refunded. If phone is returned within 30 days in like-new condition with
all components, early termination fee will be waived. All other charges apply. Minutes will be depleted according to usage in the following order: Night and Weekend Minutes,
Mobile to Mobile Minutes, Anytime Minutes and Rollover Minutes. Minute Increment Billing and Usage: Airtime and other measured usage are billed in full-minute increments,
and actual airtime and usage are rounded up to the next full increment at the end of each call for billing purposes. Cingular charges a full-minute increment of usage for every
fraction of the last minute used on each wireless call. Calls placed on networks served by other carriers may take longer to be processed, and billing for these calls may be
delayed. Those minutes will be applied against your anytime monthly minutes in the month in which the calls appear on your bill. Unanswered outgoing calls of 30 seconds or
longer incur airtime. Pricing/Taxes/No Proration: Final month’s charges are not prorated. Prices are subject to change. Prices do not include taxes. Activation Fees: $36 Activation
Fee for each new line. Cingular does not guarantee availability of the network.
Nights and Weekends: Nights are 9:00 p.m. to 6:00 a.m. Weekends are 9:00 p.m. Friday to 6:00 a.m. Monday (based on time of day at switch providing your service). Included
long distance calls can be made from the 50 United States, Puerto Rico and U.S. Virgin Islands to the 50 United States, Puerto Rico, U.S. Virgin Islands, Guam and Northern
Mariana Islands. Roaming charges do not apply when roaming within the service area of land-based networks of the 50 United States, Puerto Rico and U.S. Virgin Islands (if you
go to Guam and Northern Mariana Islands, you are roaming). International long distance rates vary. Additional charges apply to services used outside the land borders of the
U.S. and the included territories. Cingular reserves the right to terminate your service if less than 50% of your usage over three consecutive billing cycles is on Cingular-owned
systems. Customer must (1) use a Cingular GSM dual-band handset programmed with Cingular’s preferred roaming database; (2) have a mailing address and live in the
immediate geographic area in which subscription is made. Caller ID Blocking: Your billing name may be displayed along with your wireless number on outbound calls to other
wireless and landline phones with Caller ID capability. Contact customer service for information on blocking the display of your name and number. You may be charged for both
an incoming and an outgoing call when incoming calls are routed to voicemail, even if no message is left. In the event that the conditions of the Plan as described above are
violated, Cingular may move subscriber to another calling plan or terminate customer’s service. Additional Terms and Conditions apply. See Wireless Service Agreement for
additional conditions and restrictions.
Rollover Minutes: Rollover Minutes accumulate and expire through 12 rolling bill periods. Bill Period 1 (activation) unused Anytime Minutes will not carry over. Bill Period 2
unused Anytime Minutes will begin to carry over. Rollover Minutes accumulated starting with Bill Period 2 will expire each bill period as they reach a 12 bill period age. Rollover
Minutes will also expire immediately upon default or if customer changes to a non-Rollover plan. Rollover Minutes are not redeemable for cash or credit and are not transferable.
Night and Weekend and Mobile to Mobile Minutes do not carry over.
Mobile to Mobile Minutes: Mobile to Mobile Minutes may be used when directly dialing or receiving calls from any other Cingular phone number from within your calling area.
Mobile to Mobile Minutes may not be used for interconnection to other networks. Voice Connect: Regular airtime charges apply. Mobile to Mobile Minutes do not apply. Calls
to 911, 411, 611, 711 and international dialing cannot be completed with Voice Connect Services. Caller ID cannot be blocked. Caller ID will be delivered on all calls, even if
you have permanently blocked your name and number. Voice Connect Services provided by BeVocal. To terminate Voice Connect Services without incurring charges, dial 611
from your wireless phone within the 30-day trial period.

Terms Applicable to Features:
Terms Applicable to Features: Certain features will not be available in all areas at all times. See applicable brochure or visit www.cingular.com for terms applicable to
features including Voicemail, Enhanced Voicemail, Roadside Assistance Service provided by Asurion (see Roadside Assistance welcome letter and/or brochures for full terms
and conditions), Complete Equipment Protection Plan includes Equipment Insurance Protection Plan and Enhanced Warranty Protection Plan each available separately.
Equipment Insurance Protection Plan is underwritten by Continental Casualty Company, a CNA company (CNA), and administered by lock\line, LLC (lock\line Insurance
Agency, LLC CA Lic#0D63161), a licensed agent of CNA. Enhanced Warranty Protection Plan is a service contract administered by lock\line Warranty Services, LLC or its
affiliates. Text/Instant Messaging, Directory Assistance, Mobile to Mobile Calling and MEdia Net. Regular per-minute airtime rates and other charges apply for calls when
included features are used. Cingular and the graphic icon are registered trademarks of Cingular Wireless, LLC. Raising The Bar is a trademark of Cingular Wireless, LLC. ©
2005 Cingular Wireless, LLC. All rights reserved.
4083 NAT Legal

Map depicts an approximation of coverage. Map may include areas served by unaffiliated carriers, and may depict their licensed
area rather than an approximation of the coverage there. Actual coverage area may differ substantially from map graphics, and
coverage may be affected by such things as terrain, weather, foliage, buildings and other construction, signal strength, customer
equipment and other factors. Cingular does not guarantee coverage. Charges will be based on the location of the site receiving
and transmitting the call, not the location of the subscriber. Future Coverage based on current planning assumptions, but is
subject to change and may not be relied upon.
80003-EN-10

No data roaming charges nationwide.

MEdia Coverage (with a data capable handset)
• Text/Instant Messaging, Multimedia Messaging,
& MEdia Net

No Service Area

MEdia Coverage Map

Rate Plan Terms

Terms Applicable to Cingular MEdia Plans:
Services: Text Messaging, Instant Messaging, Multimedia Messaging (MMS), MEdia Net, Ringtones, Info Alerts, Graphics, and Games (Services) require
a compatible wireless phone. Services may be subject to certain equipment and service limitations, including memory, storage, network, coverage,
accessibility or data conversion limitations. Use of Services will be charged as specified in your plan. Text, Instant, and MMS messages are charged
when sent or received, whether read or unread or solicited or unsolicited. Cingular does not guarantee delivery of messages. Text, Instant, and MMS
messages, including downloaded content, not delivered within 7 days will be deleted. Cingular 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. Content may be provided by independent providers. Cingular cannot control the content of messages, ringtones, games or graphics. Cingular is not a publisher of third-party content
and is not responsible for any opinions, advice, statements, other information, services or goods provided by third parties. Third-party content providers
may impose additional charges. Cingular is not responsible for loss or disclosure of any sensitive information you transmit or for the effects of Services
on devices. Use of Services is subject to the Terms and Conditions of your Wireless Service Agreement.
Text & Instant Messaging: Messages are limited to 160 characters per message. Premium text messages are charged at their stated rates. Text messages sent to international locations from the U.S. are 20¢ per message sent.
MMS: Subscription to MMS, MEdia Net and Text Messaging required. MMS messages less than 1 kilobyte, including text-only MMS messages, will
be charged as text messages at your current Text/IM rate and are not unlimited as a part of the MEdia Works bundle. Premium multimedia messages
are charged at their stated rates. Some elements of MMS messages may not be accessible, viewable, or heard due to limitations on certain mobile
phones, PCs, or e-mail. Maximum MMS message size is 100 kilobytes. Cingular reserves the right to change the MMS size limit at any time without
notification. MMS pricing is for domestic messages only. Additional charges apply for MMS intercarrier messaging when available. Additional kilobyte
charges may apply when roaming internationally. When a single MMS message is sent to multiple recipients, the sender is charged for one message
and each recipient is charged for the message received. Text Message notifications may be sent to non-MMS subscribers if they subscribe to Text
Messaging.
Ringtones/Graphics/Games/Applications/Alerts: Ringtones, Games and Applications may be delivered in multiple messages. Ringtone, Graphic,
Game and Application charges are incurred at the stated one-time download rate or subscription rate, plus a kilobyte charge for the content transport
when delivered via MEdia Net. You will be charged each time you download Ringtones, Graphics, Games, and Applications. Usage charges apply to
play multi-user games against other wireless users or the server.
MEdia Net: MEdia Net is not equivalent to landline Internet. Only select sites accessible through a mobile connection are available. You are restricted from using a home page other than the Cingular home page. MEdia Net is billed by total volume data sent and received (in kilobytes). Fractions
of a kilobyte MEdia Net sessions are rounded up to whole kilobytes. Kilobyte totals may include network overhead. If you switch your phone connection from GPRS to a Circuit-Switch Data connection, you will be billed airtime in one-minute increments as provided by your rate plan. Caller ID blocking is not available when using MEdia Net, and your wireless number is transmitted to Internet sites you visit. Cingular provides connectivity for access
to MEdia Net. Information is provided by unaffiliated content providers and is subject to change at any time without notice. MEdia Net plans are not
intended for tethering. Cingular reserves the right to remove customers from MEdia Net plans for the use of a wireless device as an interface to other
devices or networks, as determined by Cingular, including but not limited to device tethering.
General: All trademarks, service marks, and trade names used on Services are the property of their respective owners.

80003A

WIRELESS SERVICE AGREEMENT

1.866.CINGULAR

Market/Region

08/21/2005

Georgia/Southeast
Zip Code

[phone]

301891485
CUSTOMER BILLING INFORMATION

Billing Name

VICKI STEVENS
Attention Line

VICKI STEVENS
Address 1

493 VICTORIA RD
Address 2
City

WOODSTOCK

Zip Code

State

GA

301891485

Home Number

Work Number

[phone]

[phone]
MONTHLY PLAN & PROMOTION

Calling Plan

Monthly Service Fee

$45.00

FT14NATP500RUMMUNW

Service Commitment

2 Years

At the end of the Service Commitment, this Agreement will stay in force pursuant to the Terms & Conditions
of this Wireless Service Agreement.
NON RECURRING CHARGES
Activation Charge

Shipping/Handling

Equipment Charges

$18.00

$0.00

$49.99

Optional Features/Calling Plan Options
BASIC VOICE MAIL
a
a CALL FORWARDING
a CALLER ID
a UNLIMITED MOBILE TO MOBILE MINUTES
a UNLIMITED NIGHTS AND WEEKEND MINUTES
a DETAILED BILLING - DATA
a ROAMING
a CALL WAITING
a MULTIMEDIA MESSAGING - PAY PER USE
a LONG DISTANCE
a ANYTIME ROLLOVER MINUTES
a TEXT MESSAGING - PAY PER USE
a 3-WAY CALLING
a MEDIA NET PAY PER USE

Included
Included
Included
Included
Included
Included
Included
Included
Included
Included
Included
Included
Included
Included

CUSTOMER COPY
Do not return this contract. Retain for your records.

Wireless Service Agreement
CREDIT CHECK CONSENT AND REPORTING AUTHORIZATION I authorize any person, or consumer or credit reporting agency, to provide Cingular with any information it has on me or the entity on whose behalf I make this application.
I authorize Cingular to: (a) compile this information, (b) disclose my account information including my payment history
and confidential information to credit reporting agencies or private credit reporting associations, and (c) periodically
obtain and use my credit report and other credit information from any source in connection with Cingular’s offering of
wireless and other services. I understand that if I fail to fulfill the terms of my credit obligations under this Agreement,
Cingular may report my failure to a credit reporting agency.
DOOR - TO-DOOR SALE IF THIS IS A DOOR-TO-DOOR SALE, I MAY HAVE A LEGAL RIGHT TO CANCEL THIS TRANSACTION BEFORE MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THE TRANSACTION. IF APPLICABLE, I WILL REVIEW THE ASSOCIATED NOTICE OF CANCELLATION FORM AND EXPLANATION OF THIS RIGHT.
REGULATORY COST RECOVERY FEE Cingular also imposes the following charges: a Regulatory Cost Recovery Fee
of up to $1.25 to help defray its costs incurred in complying with obligations and charges imposed by State and
Federal telecom regulation, a gross receipts surcharge, and State and Federal Universal Service charges. The
Regulatory Cost Recovery Fee is not a tax or a government required charge.
GUARANTY If I am signing on behalf of an entity, I represent that I am authorized to sign on its behalf, and I agree to
be jointly responsible with the entity for payment of any sums that become due under, and to be bound by, this
Agreement. I agree you can collect directly from me without first proceeding against the entity.
CONTRACT PROVISIONS – This Agreement includes all the provisions of Cingular’s current terms of service form
(FMSTCP11040055E), incorporated herein by reference, including a binding arbitration clause. It also includes and
incorporates additional provisions contained in a separate rate plan or other brochure(s) describing the services to which
I subscribed (“Rate Plan Brochure”). I agree to all of these contract provisions.
SERVICE/COVERAGE LIMITATIONS Service is not available at all times in all places. Coverage maps are available at
www.cingular.com and are subject to the additional limitations described there. There are gaps in coverage within the
service areas shown on coverage maps, which, by their nature, are only approximations of actual coverage. I accept
Cingular’s service with these limitations.
EARLY TERMINATION FEE In FL, GA, SC, NC, KY, TN, MS, LA, AL, NY, and parts of IN and NJ an Early Termination Fee
in the amount of $240 per device prorated over the term of your commitment may be assessed against you in the event
that you terminate this contract before the expiration of its term. In all other areas, an Early Termination Fee of $150 per
device may be assessed against you in the event that you terminate this contract before the expiration of its term.
CANCELLATION POLICY As further set forth in this Agreement, we will cancel your service, for any reason and without
imposing the Early Termination Fee, within thirty (30) days of your signing this Agreement, PROVIDED, however, that if
you cancel service you will remain responsible for service fees and charges incurred. If you cancel within three (3) days
of your signing this Agreement, you will be entitled to a refund of your activation fee, if any. If you exercise this option,
it may be necessary for you to return handsets and associated accessories purchased in connection with your entry into
this Agreement.
I HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT WITH ITS TERMS OF SERVICE AND
RATE PLAN BROCHURE (including Changes to Terms and Rates, Limitation of Liability and Arbitration).

Wireless Service Terms
"Cingular" or "we", "us" or "our" refers to Cingular Wireless, LLC, acting on behalf of its FCC-licensed affiliates doing
business as Cingular Wireless. “You” or “your” refers to the person or entity that is the customer of record. PLEASE READ
THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. This Agreement requires the
use of arbitration to resolve disputes and also limits the remedies available to you in the event of a dispute.
SERVICE COMMITMENT; EARLY TERMINATION FEE
Your Service Commitment begins on the day we activate your service. You have received certain benefits from us in
exchange for any Service Commitment greater than one month. If we terminate your service for nonpayment or other
default before the end of the Service Commitment, or if you terminate your service for any reason other than (a) in accordance with the cancellation policy; or (b) pursuant to a change of terms, conditions, or rates as set forth below, you agree
to pay us with respect to each Equipment identifier or telephone number assigned to you, in addition to all other amounts
owed, an Early Termination Fee. In Florida, Georgia, South Carolina, North Carolina, Kentucky, Tennessee, Mississippi,
Louisiana, Alabama, New York, applicable parts of Indiana, and applicable parts of New Jersey the Early Termination Fee
is $240 divided by the total number of months in your Service Commitment, then multiplied by the remaining months or
parts of months in such Service Commitment; in all other areas it is $150. (“Early Termination Fee”). The Early Termination
Fee is not a penalty, but rather a charge to compensate us for your failure to satisfy the Service Commitment on which
your rate plan is based. AFTER YOUR SERVICE COMMITMENT, THIS AGREEMENT SHALL AUTOMATICALLY RENEW
ON A MONTH-TO-MONTH BASIS UNTIL EITHER PARTY GIVES NOTICE PURSUANT TO THE TERMINATION PROVISION BELOW.
CHARGES AND DISPUTES
You are responsible for paying all charges for or resulting from services provided under this Agreement. You will receive
monthly bills that are due in full as shown thereon. YOU MUST, WITHIN 100 DAYS OF THE DATE OF THE BILL, NOTIFY

Wireless Service Terms
US IN WRITING AT CINGULAR WIRELESS, BILL DISPUTE, SUITE 1400, 5565 GLENRIDGE CONNECTOR, P.O. BOX 16,
ATLANTA, GA 30342 (“CINGULAR’S ADDRESS”) OF ANY DISPUTE YOU HAVE WITH RESPECT TO THE BILL, INCLUDING ANY CHARGES ON THE BILL AND ANY SERVICE WE PROVIDED FOR WHICH YOU WERE BILLED, OR YOU WILL
HAVE WAIVED YOUR RIGHT TO DISPUTE THE BILL OR SUCH SERVICES AND TO BRING, OR PARTICIPATE IN, ANY
LEGAL ACTION RAISING ANY SUCH DISPUTE. Charges include, without limitation, airtime, roamer, recurring monthly
service, activation, administrative, and late payment charges; regulatory cost recovery and other surcharges; optional feature charges; toll, collect call and directory assistance charges; any other charges or calls billed to your phone number;
and applicable taxes and governmental fees, whether assessed directly upon you or upon Cingular. To determine your
primary place of use (“PPU”) and which jurisdiction’s taxes and assessments to collect, you are required to provide us
with your residential or business street address. If you do not provide us with such address, or if it falls outside our licensed
service area, we may reasonably designate a PPU within the licensed service area for you. Except as provided below,
monthly service and certain other charges are billed one month in advance, and there is no proration of such charges if
service is terminated on other than the last day of your billing cycle. Monthly service and certain other charges are billed
in arrears if you are a former customer of AT&T Wireless and maintain uninterrupted service on select Cingular rate plans
following Cingular’s acquisition of AT&T Wireless Services, Inc., provided, however, that in either case, if you elect to
receive your bills for your Cingular services combined with your landline phone bill (where available) you will be billed in
advance as provided above. You agree to pay for incoming and outgoing calls, and data services sent to and from your
Equipment. AIRTIME AND OTHER MEASURED USAGE (“CHARGEABLE TIME”) ARE BILLED IN FULL-MINUTE INCREMENTS, AND ACTUAL AIRTIME AND USAGE ARE ROUNDED UP TO THE NEXT FULL MINUTE INCREMENT AT THE
END OF EACH CALL FOR BILLING PURPOSES. CINGULAR CHARGES A FULL MINUTE OF AIRTIME USAGE FOR EVERY
FRACTION OF THE LAST MINUTE OF AIRTIME USED ON EACH WIRELESS CALL. DATA TRANSPORT IS BILLED IN
FULL KILOBYTE INCREMENTS, AND ACTUAL TRANSPORT IS ROUNDED UP TO THE NEXT FULL KILOBYTE INCREMENT AT THE END OF EACH DATA SESSION FOR BILLING PURPOSES. CINGULAR CHARGES A FULL KILOBYTE OF
DATA TRANSPORT FOR EVERY FRACTION OF THE LAST KILOBYTE OF DATA TRANSPORT USED ON EACH DATA
SESSION. NETWORK OVERHEAD, SOFTWARE UPDATE REQUESTS, AND RESEND REQUESTS CAUSED BY NETWORK
ERRORS CAN INCREASE MEASURED KILOBYTES. If you select a rate plan that includes a predetermined allotment of
Services (for example, a predetermined amount of airtime, megabytes or text messages), unless otherwise specifically
provided as a part of such rate plan, any unused allotment of services from one billing cycle will not carry over to any
other billing cycle. We may bill you in a format as we determine from time to time. Additional charges may apply for additional copies of your bill, or for detailed information about your usage of Services. Charges for usage of services on networks maintained by other carriers or on networks acquired by Cingular after August 31, 2004 may appear on your bill
after the billing cycle in which the usage occurred. Chargeable Time begins for outgoing calls when you press SEND (or
similar key) and for incoming calls when a signal connection from the caller is established with our facilities. Chargeable
Time ends after you press END (or similar key), but not until your wireless telephone’s signal of call disconnect is received
by our facilities and the call disconnect signal has been confirmed. All outgoing calls for which we receive answer supervision or which have at least 30 seconds of Chargeable Time, including ring time, shall incur a minimum of one-minute
airtime charge. Answer supervision is generally received when a call is answered; however, answer supervision may also
be generated by voicemail systems, private branch exchanges, and interexchange switching equipment. Chargeable
Time may include time for us to recognize that only one party has disconnected from the call, time to clear the channels
in use, and ring time. Chargeable Time may also occur from other uses of our facilities, including by way of example,
voicemail deposits and retrievals, and call transfers. Calls that begin in one rate period and end in another rate period
may be billed in their entirety at the rates for the period in which the call began. If your wireless phone or other device
(“Equipment”) is lost or stolen, you will be responsible for all charges incurred on your phone number until you report
the theft or loss and provide a police report number to us. After you report the theft or loss to us, you remain responsible for complying with your other obligations under this Agreement, including, but not limited to, payment of your
monthly service fee. You also remain responsible for paying your monthly service fee if your service is suspended for nonpayment. We may require payment by money order, cashier’s check or a similarly secure form of payment at our discretion. We will charge you $30.00 or the highest amount allowed by law, whichever is less, for any check or other instrument (including credit card chargebacks) tendered by you and returned unpaid by a financial institution for any reason.
You agree to reimburse us the fees of any collection agency, which may be based on a percentage at a maximum of 33%
of the debt, and all costs and expenses, including reasonable attorneys' fees, we incur in such collection efforts.
CHANGES TO TERMS AND RATES
We may change any terms, conditions, rates, fees, expenses, or charges regarding your service at any time. We will provide you with notice of such changes (other than changes to governmental fees, proportional charges for governmental
mandates, roamer rates or administrative charges) either in your monthly bill or separately. You understand and agree
that State and Federal Universal Service Fees and other governmentally imposed fees, whether or not assessed directly
upon you, may be increased based upon the government’s or our calculations. IF WE INCREASE THE PRICE OF ANY OF
THE SERVICES TO WHICH YOU SUBSCRIBE, AS SUCH PRICES ARE SET FORTH IN YOUR RATE PLAN BROCHURE, OR
IF WE MATERIALLY DECREASE THE GEOGRAPHICAL AREA IN WHICH YOUR AIRTIME RATE APPLIES (OTHER THAN
A TEMPORARY DECREASE FOR REPAIRS OR MAINTENANCE), WE WILL DISCLOSE THE CHANGE AT LEAST ONE
BILLING CYCLE IN ADVANCE (EITHER THROUGH A NOTICE WITH YOUR BILL, A TEXT MESSAGE TO YOUR EQUIPMENT, OR OTHERWISE) AND YOU MAY TERMINATE THIS AGREEMENT WITHOUT PAYING AN EARLY TERMINATION
FEE OR RETURNING OR PAYING FOR ANY PROMOTIONAL ITEMS, PROVIDED YOUR NOTICE OF TERMINATION IS
DELIVERED TO US WITHIN THIRTY (30) DAYS AFTER THE FIRST BILL REFLECTING THE CHANGE. If you lose your eligibility for a particular rate plan, we may change your rate plan to one for which you qualify.
CONTINGENT BENEFITS
You may receive or be eligible for certain rate plans, discounts, features, promotions, and other benefits (“Benefits”)
through a business or government customer’s agreement with us (“Business Agreement”). Any and all such Benefits are
provided to you solely as a result of the corresponding Business Agreement and such Benefits may be modified or ter-

Wireless Service Terms
minated without notice. If a business or government entity pays your charges or is otherwise liable for the charges, you
authorize us to share your account information with that entity and/or its authorized agents. If you are on a rate plan
and/or receive certain Benefits tied to a Business Agreement with us, but you are liable for your own charges, then you
authorize us to share enough account information with that entity and/or its authorized agents to verify your continuing
eligibility for those Benefits and/or rate plan. You may receive Benefits because of your agreement to have the charges
for your Service billed (“Joint Billing”) by a landline company affiliated with Cingular (“Affiliate”) or because you subscribe
to certain service provided by an Affiliate. If you cancel Joint Billing or the Affiliate service, your rates will be adjusted
without notice to a rate plan for which you qualify.
EQUIPMENT
Your Equipment must be compatible with, and not interfere with, our service, and must comply with all applicable laws,
rules and regulations. We may periodically program your Equipment remotely with system settings for roaming service
and other features that cannot be changed manually. Equipment purchased for use on our network may not function on
other networks.
ADVANCE PAYMENTS AND/OR DEPOSITS
We may require you to make deposits or advance payments for services, which we may offset against any unpaid balance on your account. Interest will not be paid on advance payments or deposits unless required by law. We may require
additional advance payments or deposits if we determine that the initial payment was inadequate. Based on your creditworthiness as we determine it, we may establish a credit limit and restrict service or features. If your account balance
goes beyond the limit we set for you, we may immediately interrupt or suspend service until your balance is brought
below the limit. Any charges you incur in excess of your limit become immediately due. If you have more than one
account with us, you must keep all accounts in good standing to maintain service. If one account is past due or over its
limit, all accounts in your name are subject to interruption or termination and all other available collection remedies.
LATE PAYMENT CHARGES
Late payment charges are based on the state to which the area code of the wireless telephone number assigned to you
is assigned by the North American Numbering Plan Administration (for area code assignments see www.nationalnanpa.com/area_code_maps). You agree that for amounts not paid by the due date, CINGULAR may charge, as a part of its
rates and charges, and you agree to pay, a late payment fee of $5.00 in CT, D.C., DE, IL, KS, MA, MD, ME, MI, MO, NH,
NJ, NY, PA, OK, OH, RI, VA, VT, WI, WV; the late payment charge is 1.5% of the balance carried forward to the next bill
in all other states.
TERMINATION
Either party may terminate this Agreement at any time after your Service Commitment ends with thirty (30) days notice
to the other party. We may terminate this Agreement at any time without notice if we cease to provide service in your
area. We may interrupt or terminate your service without notice for any conduct that we believe violates this Agreement
or any terms and conditions of your rate plan, or if you behave in an abusive, derogatory or similarly unreasonable manner with any of our representatives, or if we discover that you are under-age, or if you fail to make all required payments
when due, or if we have reasonable cause to believe that your Equipment is being used for an unlawful purpose or in a
way that may adversely affect our service, or if you provided inaccurate credit information or we believe your credit has
deteriorated and you refuse to pay any requested advance payment or deposit.
SERVICE LIMITATIONS; LIMITATION OF LIABILITY
Service may be interrupted, delayed or otherwise limited for a variety of reasons, including environmental conditions,
unavailability of radio frequency channels, system capacity, priority access by National Security and Emergency
Preparedness personnel in the event of a disaster or emergency, coordination with other systems, equipment modifications and repairs, and problems with the facilities of interconnecting carriers. We may block access to certain categories
of numbers (e.g. 976, 900 and international destinations) or certain Web sites in our sole discretion. We may, but do not
have the obligation to, refuse to transmit any information through the Service and may screen and delete information
prior to delivery of that information to you. There are gaps in service within the service areas shown on coverage maps,
which, by their nature, are only approximations of actual coverage. WE DO NOT GUARANTEE YOU UNINTERRUPTED
SERVICE OR COVERAGE. WE CANNOT ASSURE YOU THAT IF YOU PLACE A 911 CALL YOU WILL BE FOUND. Airtime
and other service charges apply to all calls, including involuntarily terminated calls. CINGULAR MAKES NO WARRANTY,
EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, OR PERFORMANCE REGARDING ANY SERVICES OR GOODS, AND IN NO EVENT SHALL CINGULAR BE LIABLE, WHETHER
OR NOT DUE TO ITS OWN NEGLIGENCE, for any: (a) act or omission of a third party; (b) mistakes, omissions, interruptions, errors, failures to transmit, delays or defects in the service provided by or through us; (c) damage or injury caused
by the use of service or Equipment, including use in a vehicle; (d) claim against you by third parties; (e) damage or injury
caused by a suspension or termination of service by Cingular; or (f) damage or injury caused by failure or delay in connecting a call to 911 or any other emergency service. Notwithstanding the foregoing, if your service is interrupted for 24
or more continuous hours by a cause within our control, we will issue you, upon request, a credit equal to a pro-rata
adjustment of the monthly service fee for the time period your service was unavailable, not to exceed the monthly service fee. Our liability to you for service failures is limited solely to the credit set forth above. Unless applicable law precludes parties from contracting to so limit liability, and provided such law does not discriminate against arbitration clauses, Cingular shall not be liable for any indirect, special, punitive, incidental or consequential losses or damages you or any
third party may suffer by use of, or inability to use, service or Equipment provided by or through Cingular, including loss
of business or goodwill, revenue or profits, or claims of personal injuries. To the full extent allowed by law, you hereby
release, indemnify, and hold Cingular and its officers, directors, employees and agents harmless from and against any and
all claims of any person or entity for damages of any nature arising in any way from or relating to, directly or indirectly,
service provided by Cingular or any person’s use thereof (including, but not limited to, vehicular damage and personal
injury), INCLUDING CLAIMS ARISING IN WHOLE OR IN PART FROM THE ALLEGED NEGLIGENCE OF CINGULAR, or

Wireless Service Terms
any violation by you of this Agreement. This obligation shall survive termination of your service with Cingular. Cingular is
not liable to you for changes in operation, equipment or technology that cause your Equipment or software to be rendered obsolete or require modification. SOME STATES, INCLUDING THE STATE OF KANSAS, DO NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES OR LIMITS ON REMEDIES FOR BREACH. THEREFORE, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS AND
YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
ACCOUNT ACCESS
You authorize us to provide information about and to make changes to your account, including adding new service, upon
the direction of any person able to provide information we deem sufficient to identify you.
VOICEMAIL SERVICE
We may deactivate your voicemail service if you do not initialize it within a reasonable period after activation. We will
reactivate the service upon your request.
ARBITRATION
Please read this carefully. It affects your rights. Cingular and you (such references include our respective subsidiaries, affiliates, predecessors in interest, successors and assigns) agree to arbitrate all disputes and claims (including ones that
already are the subject of litigation) arising out of or relating to this Agreement, or to any prior oral or written agreement,
for Equipment or services between Cingular and you. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This Agreement evidences a transaction in interstate commerce, and thus the Federal
Arbitration Act governs the interpretation and enforcement of this provision. A party who intends to seek arbitration must
first send to the other, by certified mail, a written Notice of Intent to Arbitrate (“Notice”). The Notice to Cingular should
be addressed to: General Counsel, Cingular Wireless, 5565 Glenridge Connector, 20th Floor, Atlanta, GA 30342
(“Arbitration Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth
the specific relief sought (“Demand”). If we do not reach an agreement to resolve the claim within 30 days after the
Notice is received, you or Cingular may commence an arbitration proceeding. After Cingular receives notice at the
Arbitration Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the
filing fee. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is
bound by the terms of this Agreement. The arbitration shall be governed by the Commercial Dispute Resolution
Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the
American Arbitration Association (“AAA”), as modified by this Agreement, and shall be administered by the AAA. The
AAA Rules are available at www.adr.org or by writing to the Arbitration Notice Address. Except as otherwise provided
for herein, Cingular will pay all AAA filing, administration and arbitrator fees for any arbitration initiated in accordance
with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief
sought in the Demand is improper or not warranted, as measured by the standards set forth in Federal Rule of Civil
Procedure 11(b), then the payment of all such fees shall be governed by the AAA Rules. In such case, you agree to reimburse Cingular for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules.
If the arbitrator grants relief to you that is equal to or greater than the value of your Demand, Cingular shall reimburse
you for your reasonable attorneys’ fees and expenses incurred for the arbitration. The arbitrator may make rulings and
resolve disputes as to the payment and reimbursement of fees and expenses at any time during the proceeding and upon
request from either party within 14 days of the arbitrator’s ruling on the merits. You agree that, by entering into this
Agreement, you and Cingular are waiving the right to a trial by jury. Unless Cingular and you agree otherwise, all hearings conducted as part of the arbitration shall take place in the county (or parish) of your billing address. The arbitrator
may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide
relief warranted by that party’s individual claim. You and Cingular agree that YOU AND CINGULAR MAY BRING CLAIMS
AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, and not as a plaintiff or class member in any purported class or representative proceeding. Further, you agree that the arbitrator may not consolidate proceedings of
more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding,
and that if this specific proviso is found to be unenforceable, then the entirety of this arbitration clause shall be null and
void. Notwithstanding any provision in this Agreement to the contrary, we agree that if Cingular makes any change to
this arbitration provision (other than a change to the Arbitration Notice Address) during your Service Commitment, you
may reject any such change and require Cingular to adhere to the language in this provision.
MISCELLANEOUS
This Agreement, the signature or rate summary sheet, the terms included in the rate brochure(s) describing your plan and
services, and any documents expressly referred to herein or therein, make up the complete agreement between you and
Cingular, and supersede any and all prior agreements and understandings relating to the subject matter of this
Agreement. If any provision of this Agreement is found to be unenforceable by a court or agency of competent jurisdiction, the remaining provisions will remain in full force and effect. The foregoing does not apply to the prohibition against
class or representative actions that is part of the arbitration clause; if that prohibition is found to be unenforceable, the
arbitration clause (but only the arbitration clause) shall be null and void. Cingular may assign this Agreement, but you may
not assign this Agreement without our prior written consent. The law of the state of your billing address shall govern this
Agreement except to the extent that such law is preempted by or inconsistent with applicable federal law. Your caller
identification information (such as your name and phone number) may be displayed on the equipment or bill of the person receiving your call; technical limitations may, in some circumstances, prevent you from blocking the transmission of
caller identification information. You consent to the use by us or our authorized agents of regular mail, predictive or autodialing equipment, email, text messaging, facsimile or other reasonable means to contact you to advise you about our
services or other matters we believe may be of interest to you. In any event, we reserve the right to contact you by any
means regarding customer service related notifications, or other such information. The original version of this Agreement
is the English language. Any discrepancy or conflicts between the English version and any other language version will be
resolved with reference to and by interpreting the English version.

Instructions For Smartchip Installation
Install the Smartchip according to the manufacturer's specifications. The diagrams below provide general
instructions for installing a Smartchip.

a. Take the back cover off your new
phone.

b. Remove the battery from the
phone.

c. Punch out the Smartchip from the
plastic card.

d. Line up beveled edge of
Smartchip with slot in phone.

e. Replace the battery and make
f. Put the cover back on the phone.
sure connectors from battery match
up with the phone.

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