CINGULAR WIRELESS PREPAID TERMS AND CONDITIONS

CINGULAR Wireless ("CINGULAR" or "we" "us" or "our") will provide its services (“Service”) on the following Terms and Conditions. Service is also subject to CINGULAR’s standard business policies, practices and procedures that CINGULAR may change at any time without notice. Every use of the term “you” or “your” in these Terms and Conditions refers to the person in whose name the service was initiated (or in the event an inaccurate name was used, the actual user of the service). Your use of the Service shall constitute acceptance of these terms and conditions. If you do not agree to these terms, return the phone, activation kit, or Cingular KIC Card to the place of purchase for a refund. IMPORTANT NOTICE: THIS AGREEMENT CONTAINS MANDATORY ARBITRATION AND OTHER IMPORTANT PROVISIONS LIMITING THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. PLEASE REFER TO THE SECTION ENTITLED " ARBITRATION" FOR DETAILS.

AVAILABILITY OF LIMITED SERVICE

Service is generally available to wireless telephones equipped for the service when within the range of cell sites located in the local service area where you purchased your service.

RATES, EXPIRATION OF CARDS AND TERMINATION OF SERVICE

Cingular KIC service is subject to additional terms provided on the prepaid card, PIN number receipt, web page, by telephonic notice, or by notice pro v i d e d through any other means available at the time of purchase (the “Notice”). Your Cingular KIC account shall be terminated and a new telephone number and activation fee required if you allow the balance in your account to remain at zero for the period of time set out in the Notice. Cingular KIC service is nonrefundable after activation of account. Your account may be debited for airtime; monthly, weekly, or daily charges; network surcharges; feature use charges; directory assistance and call completion charges; long distance; taxes, governmental fees, proportional charges for governmental mandates; and other charges. Rates for Services and other account debiting policies are provided in the Notice. Cingular KIC Cards and PINS shall expire whether or not added to your account as provided in the Notice but, in all events, one year from the date of purchase. You agree to pay for incoming and outgoing calls to and from your wireless telephone. 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, e.g., CINGULAR charges a full minute of airtime usage for every fraction of the last minute of airtime used on each wireless call. Chargeable time begins for outgoing calls when CINGULAR receives answer supervision (which may be triggered by other than the called party answering the phone, such as by answering machines and PBX equipment) and for incoming calls when a signal connection from the caller is established with CINGULAR’s 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 CINGULAR's facilities and the call disconnect signal has been confirmed. All outgoing calls shall incur a minimum of one-minute airtime charge. Chargeable time may include time for CING U L A R 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 CINGULAR facilities, including by way of example, voice mail deposits and retrievals, and call transfers. Calls that begin in one period and end in another period are billed at the rates for the period in which the call began. CINGULAR may not be able to transfer airtime in your account even if your wireless telephone is lost or stolen.

CHANGES TO TERMS AND RATES

CINGULAR may increase, reduce or otherwise change any terms, conditions, rates, fees, expenses or charges regarding your service at any time. This includes, without limitation, prime or peak-hour periods, rate plans and features, and all other terms and conditions of service, including these Terms and Conditions. CINGULAR will provide notice of such changes (other than changes to governmental fees, pro p o rtional charges for govern m e n t a l mandates, roamer rates or administrative charges) by such means as CINGULAR determines to be most practicable, including playing a recorded message when you attempt to place a call, playing a recorded message when you attempt to add to your account, sending written notice to the address provided at the time of activation, sending an SMS message to your phone, or by such other means as CINGULAR may determine. You understand and agree that State and Federal Universal Service fees and other such governmentallyimposed assessments, fees and surcharges, whether or not assessed directly upon you, may be increased based upon government or CINGULAR calculations. IF CINGULAR INCREASES YOUR LOCAL AIRTIME RATE, MONTHLY SERVICE CHARGE OR NETWORK SURCHARGE, OR DECREASES THE GEOGRAPHICAL AREA IN WHICH YOUR LOCAL AIRTIME RATE APPLIES (OTHER THAN A TEMPORARY DECREASE FOR REPAIRS OR MAINTENANCE), IT SHALL DISCLOSE THE CHANGE AS PROVIDED ABOVE.

WIRELESS TELEPHONE

You are responsible for the installation, operation and maintenance of your wireless telephone. You must ensure that your wireless telephone is compatible with, and will not interf e re with, the service of CINGULAR, and that it complies with all applicable laws, rules and re g u l a t i o n s . If your wireless phone is intelligent roaming capable, it shall be periodically programmed with default system settings for roaming service that cannot be changed manually. Your wireless telephone may be compatible only with CINGULAR services.

LONG-DISTANCE SERVICE
CINGULAR will provide your long-distance service.

TERMINATION Either party may terminate this Agreement at any time. CINGULAR may terminate this Agreement at any time without notice if it ceases to provide service in your home service area. CINGULAR may interrupt or terminate your service without notice for any conduct that it believes violates any of these Terms and Conditions or any terms and conditions of the collateral material regarding your rates, or if you behave in an abusive, derogatory or similarly unreasonable manner to any of our representatives, or if CINGULAR has cause to believe that your phone is being used for a fraudulent purpose, or if service is used in a way that may adversely affect CINGULAR’s service or is otherwise used in violation of applicable governmental rules or regulations.

SERVICE INTERRUPTION

Service may be temporarily interrupted, delayed or otherwise limited for a variety of reasons, including, but not limited to, transmission limitations caused by atmospheric and other conditions, availability of radio frequency channels, system capacity limitations, coordination with other systems, equipment modifications and repairs, and problems associated with the facilities of interconnecting carriers. There are gaps in Service within the service areas shown on maps. CINGULAR does not guarantee you uninterrupted service. Airtime and other service charges apply to all calls, including involuntarily terminated calls. Subject to the limitations below, if your service is interrupted for 24 continuous hours or more, CINGULAR will issue you, upon request, a credit of one dollar for each period of 24 continuous hours your service was interrupted.

An interruption is measured from the time you report it to CINGULAR. CINGULAR may require that you request credit in writing. No credit will be given for a service interruption if the service interruption was caused by (a) your negligent or willful actions, (b) the failure of equipment or services not provided by CINGULAR, or (c) causes beyond the control of CINGULAR. C I N G U L A R ’s liability to you for interruptions, delays and failures in transmiss i o n or service is limited solely to the credit set forth above, and such credit will satisfy all of your claims against CINGULAR for interruption of service.

LIMITATION OF LIABILITY

CINGULAR MAKES NO WARRANTY, EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, OR PERFORMANCE WITH REGARD TO THE SERVICES AND/OR GOODS PROVIDED HEREUNDER. In no event shall CINGULAR be liable, and you hereby release CINGULAR from liability, WHETHER OR NOT DUE TO THE NEGLIGENCE OF CINGULAR, for: (a) any act or omission of any provider of service or facilities other than CINGULAR; (b) mistakes, omissions, interruptions, errors, failures to transmit, delays or defects in the service provided by or through CINGULAR; (c) any damage or injury caused by, or allegedly resulting from, the presence or use of any wireless telephone or service provided by CINGULAR, including, but not limited to, the presence or use thereof in any vehicle or on any property; (d) claims made against you by third parties; (e) damage caused by any suspension or termination of service by CINGULAR; (f) damages caused by failures or delays in the provision of, or making calls to, 911 or any other emergency service, where such service is available; or, (g) any damage or injury arising from alleged negligence or willful misconduct of any third part y, or including, without limitation, any directory assistance or Internet service provider. CINGULAR shall not be liable for any indirect, punitive, special, incidental or consequential losses or damages you or any third party may suffer or incur caused by use of, or inability to make use of, service or equipment provided by or through CINGULAR, such as, but not limited to (a) loss of business, revenue or profits, (b) damages or losses as a result of your inability to fulfill agreements with third parties, (c) claims of personal injuries, or (d) injury to goodwill. CINGULAR’s sole liability, if any, for loss or damage arising with third parties, (c) claims of personal injuries, or (d) injury to goodwill. CIN- GULAR’s sole liability, if any, for loss or damage arising out of mistakes, omissions, interruptions, errors or any other causes, INCLUDING THE NEGLIGENCE OF CINGULAR, shall be limited to the credit for service interruption for each separate period of interruption as described in the Section on Service Interruption. 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 FROM, IN WHOLE OR IN PART, THE ALLEGED NEGLIGENCE OF CINGULAR, or any violation by you of these Terms and Conditions. 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 re n d e re d 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 CONTRACT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

INDEPENDENT ARBITRATION

Please read this paragraph carefully. It affects rights that you may otherwise have. CINGULAR and you shall negotiate in good faith to settle any dispute or claim arising from or relating to this Agreement. If CINGULAR and you do not reach agreement within 30 days, instead of suing in court, CINGULAR and you agree to arbitrate any and all disputes and claims (including, but not limited to, claims based on or arising from an alleged tort) arising out of or relating to this Agreement, or to any prior Agreement for products or service between you and CINGULAR or any of your or CINGULAR’s affiliates or predecessors in interest. The arbitration of any dispute or claim shall be conducted in accordance with the wireless industry arbitration rules (“WIA Rules”) as modified by this Agree- ment and as administered by the American Arbitration Association (“AAA”). The WIA Rules and fee information are available from CINGULAR or the AAA upon request. CINGULAR and you acknowledge that this agreement evidences a transaction in interstate commerce and that the Federal Arbitration Act shall govern the interpretation and enforcement of, and proceedings pursuant to, this or a prior agreement. Unless CINGULAR and you agree otherwise, the location of any arbitration shall be in the city where CINGULAR’s Mobile Telephone Switching Office for your access number is located. Except where prohibited by law, CINGULAR and you agree that no Arbitrator has the authority to: (1) award relief in excess of what this agreement provides; (2) award punitive damages or any other damages not measured by the prevailing party’s actual damages; or, (3) order consolidation or class arbitration. The Arbitrator(s) must give effect to the limitations on C I N G U L A R ’s liability as set forth in this Agreement, and any applicable tariff, law or re g u l a t i o n . In any arbitration utilizing the rules applicable to large/complex cases, as defined under the WIA Rules, the Arbitrator(s) must also apply the Federal Rules of Evidence, and the losing party may have the award reviewed in accordance with the review procedures set forth in the WIA Rules. You agree that CINGULAR and you are each waiving your re s p e c t i v e right to a trial by jury. You acknowledge that arbitration is final and binding and subject to only very limited review by a court. If for some reason this arbitration clause is at some point deemed inapplicable or invalid, you and CINGULAR agree to waive, to the fullest extent allowed by law, any trial by j u ry. In such case, a judge shall decide the subject dispute or claim. CINGULAR, you and the Arbitrator(s) shall not disclose the existence, content or results of any arbitration. Judgment on the award rendered by the Arbitrator(s) may be e n t e red in any court having jurisdiction thereof. Notwithstanding the fore g o i n g, either party may bring an action in small claims court.

OUT-OF-NETWORK ROAMING

Roamer charges result from using your cellular phone outside your Local Service Area. Roaming service is not available in all areas. Different service rates apply, and conditions of service may vary when you roam on another carrier's network. A roamer administration fee may be charged in any month in which you incur roamer charges, and actual charges may not be the same as are imposed by the serving carr i e r. IN ADDITION TO ANY LIMITATIONS OF LIABILITY STATED HEREUNDER, YOU ARE SUBJECT TO THE LIMITATION OF LIABILITY PROVISIONS IMPOSED BY THE ROAMING CARRIER ON THE ROAMING CARRIER'S OWN SUBSCRIBERS. YOU AGREE TO ACCEPT SERV I C E ON A ROAMING CARRIER'S NETWORK ON AN “AS-IS”, “WHERE-IS” BASIS WITHOUT WARRANTY OF ANY KIND.

MISCELLANEOUS

This Agreement, the terms included in the Notice describing your rates and f e a t u res, and any documents expressly re f e rred to herein, make up the complete a g reement between you and CINGULAR, and supersede any and all prior agreements and understandings re l a t i n g to the subject matter of this Agre e m e n t. 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. CINGULAR may assign this Agreement, but you may not assign or transfer this Agreement without CINGULAR’s prior written consent. Service is subject to the jurisdiction and regulations of the Federal Communications Commission and state regulatory agencies. Applicable federal and state laws of the state associated with the wireless number will govern this Agreement.