Terms and Conditions Remember that if you have any questions about our service, you can also call us at 855-269-5145

Welcome to Ideal Mobile. We are pleased that you have selected us as your wireless

carrier. Please use this page as a reference for questions about your service and the terms

and conditions of service that govern the service you have purchased from Ideal Mobile

Wireless. These Terms and Conditions of Service apply to all wireless services provided

by us to you and consist of several parts, which may be amended from time to time:

In the event that the terms and conditions relating to a feature you may have selected or

may be included in your Rate Plan conflicts with the Ideal Mobile Terms and Conditions

of Service, the Terms and Conditions of Service shall control.

By: (a) giving us a written or electronic signature or telling us orally that you accept the

Ideal Mobile Terms and Conditions of Service; (b) activating Service (if you are a new

subscriber); (c) using your Service after your Service is activated or after you make a

change or addition to your Service; (d) paying for the Service; or (e) failing to activate

Service within 30 days after the purchase of your wireless device, unless you return your

wireless device within Ideal Mobile’ applicable return period, you agree to the Ideal

Wireless Terms and Conditions of Service and the terms and conditions of service and

use related to any feature you may have selected or may be included in your Rate Plan,

including, but not limited to:

You waive your right to a jury trial in disputes with Ideal Mobile

Your disputes with Ideal Mobile will be decided by an arbitrator

You waive your right to institute or participate in class action litigation against Ideal

Wireless

You will provide Ideal Mobile with accurate information about yourself

Ideal Mobile may communicate with you from time to time about your Service

You will pay all taxes and regulatory fees unless your Rate Plan explicitly includes

such taxes and regulatory fees; and Ideal Mobile may terminate your Service if you fail

to timely pay for your Service or violate the Terms and Conditions of Service in any way,

including abuse of the Service or violations of applicable laws.

Ideal Mobile Terms and Conditions of Service (“Agreement”)

When you initiate Service with Ideal Mobile, you may receive a Start of Service form,

this Agreement, and a brochure detailing the coverage available in your service area.

These materials are part of your Agreement with Ideal Mobile. This Agreement governs

the sale, use and delivery of wireless services (“Service” or “Services”) to you (the

purchaser or user of the Services) by Ideal Mobile Wireless, Inc. and any of its

subsidiaries (“us,” “we,” “our” or “Ideal Mobile”). Certain other laws may also govern

our provision of Services to you and such laws are incorporated in their entirety by this

reference into this Agreement as if set forth in this Agreement. Your service also is subject

to, and you agree to adhere to, our business policies, practices, and procedures, which we

can change without notice to you (collectively, the “Policies”). Offers may not be available

everywhere or combinable with other promotions/options. This Agreement, the Start of

Service form, if any, the terms included in the Rate Plan brochure(s) describing your plan

and services, if any, terms of service for products and services not otherwise described

herein that are posted on applicable Ideal Mobile websites or in applicable product or

service brochures, if any, and any documents expressly referred to herein or therein, if

any, make up the complete agreement between you and us and supersede any and all

prior and contemporaneous agreements, arrangements, representations, advertising,

contracts, statements, offers, and understandings relating to the subject matter of this

Agreement, whether oral or written, including, but not limited to, all previous versions of

the Terms and Conditions of Service. You cannot rely on any other documents or

statements by any sales person, service representative or other agent. You acknowledge

and agree that you have not relied on any representation, assertion, guarantee, warranty,

contract or other assurance, stated or made by anyone except those set out in this

Agreement.

IMPORTANT: READ THIS AGREEMENT CAREFULLY. IT REQUIRES THE USE OF

INDIVIDUAL ARBITRATION RATHER THAN JURY TRIALS OR CLASS ACTIONS TO

RESOLVE DISPUTES. ARBITRATION IS MORE INFORMAL THAN LITIGATION BECAUSE IT

USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY AND ALLOWS FOR

LESS DISCOVERY AND LESS APPELLATE REVIEW THAN IN COURT.

IF YOU ARE A NEW CUSTOMER, YOU ACCEPT THESE TERMS AND CONDITIONS AND

AGREE TO COMPLY WITH ALL APPLICABLE LAWS AND POLICIES BY DOING ANY OF

THE FOLLOWING: (A) GIVING US A WRITTEN OR ELECTRONIC SIGNATURE, OR TELLING

US ORALLY THAT YOU ACCEPT THESE TERMS AND CONDITIONS; (B) ACTIVATING

SERVICE; (C) USING YOUR SERVICE AFTER YOUR SERVICE IS ACTIVATED OR YOU

MAKE A CHANGE OR ADDITION TO YOUR SERVCE; (D) PAYING FOR THE SERVICE; OR

(E) FAILING TO ACTIVATE SERVICE WITHIN 30 DAYS AFTER THE PURCHASE OF YOUR

WIRELESS DEVICE, UNLESS RETURNED WITHIN IDEAL MOBILE’ APPLICABLE

RETURN PERIOD. BY DOING ANY OF THE FOREGOING, YOU ARE INDICATING YOUR

INTENT TO BE BOUND BY THE TERMS AND CONDITIONS OF SERVICE OF THIS

AGREEMENT. IF YOU ARE A NEW CUSTOMER AND YOU DO NOT AGREE TO THIS

AGREEMENT, DO NOT INITIATE SERVICE.

IF YOU ARE AN EXISTING CUSTOMER, YOU ACCEPT THESE TERMS AND CONDITIONS

AND AGREE TO COMPLY WITH ALL APPLICABLE LAWS AND POLICIES BY DOING ANY

OF THE FOLLOWING: (A) GIVING US A WRITTEN OR ELECTRONIC SIGNATURE, OR

TELLING US ORALLY THAT YOU ACCEPT; (B) USING YOUR SERVICE AFTER YOUR

SERVICE IS ACTIVATED OR YOU MAKE A CHANGE OR ADDITION TO YOUR SERVICE; (C)

USING YOUR SERVICE AFTER YOU MAKE A CHANGE OR ADDITION; OR (D) PAYING FOR

THE SERVICE. IF YOU ARE AN EXISTING CUSTOMER AND THE SERVICE IS PROVIDED

TO YOU UNDER A PRIOR AGREEMENT AND YOU DO NOT AGREE TO THIS AGREEMENT,

YOU MUST TERMINATE SERVICE AS SET FORTH IN THE PRIOR AGREEMENT; PROVIDED,

HOWEVER, THAT IF YOU CHOOSE TO TERMINATE SERVICE YOU WILL STILL BE BOUND

BY THE PRIOR AGREEMENT, INCLUDING YOUR OBLIGATION TO PAY ANY

OUTSTANDING AMOUNTS AND YOUR AGREEMENT TO ARBITRATE DISPUTES. IF YOU

HAVE ANY QUESTIONS, DO NOT ACTIVATE OR USE YOUR SERVICE, AND CONTACT

IDEAL MOBILE OR ITS AUTHORIZED DEALERS TO HAVE YOUR QUESTIONS

ANSWERED.

Nature of Services.

The Services are provided via Rate Plans under which, in certain circumstances, you do

not pay metered “per minute” charges for service. In an effort to offer this Service on a

reliable basis at a reasonable cost, Ideal Mobile may discontinue providing Service to

you, change the services provided to you, change your Rate Plan, reduce the speed of any

service provided, cap or restrict the amount of use of any service, change the services and

features in your Rate Plan, discontinue your account, or discontinue or limit providing

connections to particular telephone numbers, countries, destinations, providers, features,

services, or types of services used, requested or called by you or allowing the provision of

certain services or services in certain areas, such as pursuant to roaming arrangements,

at certain times, or at certain speeds that, in the sole judgment of Ideal Mobile, appear

likely to generate abnormally high call volumes, abnormally long average call lengths,

calls with abnormally high costs, abnormally high use, or other disproportionate use when

compared to those of other customers of Ideal Mobile (as described below under “Your

Use Of The Service”), numbers or types of services or which may be harmful, disruptive,

or interfere with Ideal Mobile’ system or services to other customers. You acknowledge

and agree that the web and data Rate Plans provided by Ideal Mobile are designed to

be, and shall only be used, predominately for HTML/WAP browsing and multimedia

streaming services provided by Ideal Mobile, its affiliates, authorized suppliers and

licensors, and not for off-portal multimedia streaming services. While we may, but you

acknowledge and agree that we are not required to provide notice to you before taking any

of the foregoing actions, you acknowledge and agree that we may take any of the

foregoing actions without providing notice you. By initiating service and placing calls or

using any other service on the Ideal Mobile system, you acknowledge and agree to

Ideal Mobile’ ability to modify or terminate your Service under these circumstances.

Coverage.

Service is limited to the operating range, spectrum, and capacity of our or our roaming

partner’s wireless system in your service area. Your service area is the area depicted in

the coverage brochure you received with this Agreement and may change from time to

time without notice. Since Ideal Mobile uses different spectrum in different areas of the

country, service may not be available on all wireless devices in all areas. We may, but are

not obligated to, provide notice when you are being served by a carrier other than

ourselves. The specific network coverage you get will depend on the radio transmissions

your wireless device can receive and use and the Services you have chosen. Specific

Services may not be available on all wireless devices at all points in time due to wireless

device hardware and/or software, changes to our network, network infrastructure,

cessation of specific Services, or service by carriers other than ourselves. Except for 911

calls and any “roaming” service to which you have subscribed, you will not be able to use

your wireless device outside of your service area for any calls, including local, long

distance and international calls. Further, since services outside Ideal Mobile’ area are

provided by third parties, not all services may work outside your service area. Service

depends on over-the-air radio transmissions. Our coverage maps provide high level

estimates of our coverage areas when using Services outdoors under optimal conditions.

Coverage is not available everywhere and depends on the Service purchased and the

wireless device used. Service speeds are not guaranteed and actual speeds will vary.

Estimating wireless coverage, signal strength and Service speed is not an exact science.

There are gaps in coverage within our estimated coverage areas that may result in

dropped and/or blocked connections, slower Service speeds, or otherwise impact the

quality of Service. Many factors beyond our control affect your ability to make and receive

calls on your wireless device, the quality of those calls, and the speed of your Service

including, but not limited to, your location, the conditions of the atmosphere, terrain,

nearby buildings and other structures, network capacity issues, system outages, failure of

equipment to operate as expected, spectrum used, problems that occur with service we

purchase from third parties, system upgrades, performance of system maintenance,

accidents, network problems, network or Internet congestion, software, signal strength,

your wireless device, weather, geography, topography, server speeds of the websites you

access or other events outside of our control. As a result, sometimes Service, including

calls or attempted calls to emergency services like 911, may be unavailable, interrupted or

may fail, and the quality of calls may sometimes be poor. Ideal Mobile takes no

responsibility for Service interruptions or problems caused by factors beyond our control.

Any statements by Ideal Mobile, its employees, representatives or agents about the

coverage of our system are intended only to describe Ideal Mobile’ approximate

coverage in your service area. You should not interpret any such statement to mean that

Service will be available or without interruption in any service area.

Location Based Services.

Services that rely on location information, such as E911 and GPS navigation, depend on

your wireless device’s ability to acquire satellite signals (typically not available indoors)

and network coverage. Unlike traditional wireline telephones, depending on a number of

factors (for example, where you are, whether local emergency service providers have

upgraded their equipment, etc.), 911 operators may not know your telephone number, your

location or the location of your wireless device. Due to regulatory and technical

requirements, Ideal Mobile makes no guarantee that emergency 911 calls will be routed

to a specific Public Safety Answering Point (“PSAP”) or any particular public safety

organization (for example, police department, fire department, ambulance services, etc.).

Ideal Mobile takes no responsibility for the acts or omissions of any PSAP or any

public safety organization (for example, police department, fire department, ambulance

services, etc.). In certain circumstances, an emergency call may be routed to a state patrol

dispatcher or alternative location set by local emergency service providers. Enhanced 911

service (“E911”), where enabled by local emergency authorities, uses GPS technology to

provide location information. Even when available, however, E911 does not always provide

accurate location information. If your wireless device is indoors or for some other reason

cannot acquire a satellite signal, you may not be located. Some wireless devices have a

safety feature that prevents use of the keypad after dialing 911 – you should follow voice

prompts when interacting with emergency service providers employing Interactive Voice

Response (“IVR”) systems to screen calls. While your wireless device is receiving a

software update, you may be unable to use your wireless device in any manner until the

software update is complete. Your wireless device may require you to elect to use location

based services, or you may choose to use location based services, other than E911. If you

elect to use location based services, you agree that we may use the location information

transmitted from your wireless device to improve our location services. Your personal,

biographical and calling information will not be used by us. By electing to use location

based services, you agree and authorize us to send targeted, location based information

to your mobile device and also to use or provide to third parties your location information

in an aggregate form.

Roaming.

Our Services and Rate Plans are designed for you to use your service each month

predominantly in our service area. If your usage each month is not predominantly in our

service area, we may terminate your Service or restrict your ability to receive Service

outside the areas served by our network. Nationwide roaming requires multi-band wireless

devices and is not available with single-band wireless devices, certain other wireless

devices, or to customers residing outside their home area. Data services and certain

features (for example, Voicemail, Caller ID, Call Waiting, Location Services, etc.) may not

be available in all roaming areas. The term “roaming” typically refers to coverage on

another carrier’s network that we may make available to you based on our agreements

with other carriers. These agreements may change from time to time and roaming

coverage and available services are subject to change without notice. Your ability to

receive roaming coverage depends on the radio transmissions your wireless device can

receive and use and the availability of roaming coverage. We make no guaranty that

roaming coverage will be available. Roaming coverage may exist both within and outside

our network coverage areas. Depending on your Services, separate charges or limits on

the amount of minutes used while roaming may apply. We may, but you agree we are not

obligated to, provide you with notice when you are roaming. YOU AGREE TO HOLD

IDEAL MOBILE HARMLESS AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS,

OR OTHER CAUSES OF ACTION (INCLUDING ACTIONS BY THIRD PARTIES) ARISING

OUT OF, RELATING TO, OR IN CONNECTION WITH THE USE OR ATTEMPTED USE OF

THE SERVICE.

Start of Service Form/Rate Plan/Coverage Brochure.

The Rate Plan selected by you determines the charges for the Services. The Start of

Service form identifies the Rate Plan you have chosen and sets forth the charges you are

required to pay for Service, including monthly access fees and any applicable surcharges

or other fees. If you do not receive the Start of Service form or the other documents, you

may obtain a copy from us, our dealers, or our web site at www.Idealmobile.com

Unused Rate Plan allotments, bundles, or buckets expire at the end of your billing cycle

and do not roll over to the next billing cycle. We will determine what types of Service and

Rate Plans are available to you. The Rate Plan to which you subscribe when you initiate

Service, as modified by us from time to time in accordance with this Agreement, will

remain in effect for the term of your Service until or unless we change your Rate Plan or

you choose to subscribe to a different Rate Plan, if available to you. If we offer more than

one Rate Plan in your area and you wish to change the Rate Plan to which you subscribe,

you may contact us to request a change in your Rate Plan to any other Rate Plan for which

you are eligible. Rate Plan changes may not be effective immediately, and you may be

required to pay to make such changes. In order to port out from Ideal Mobile, you must

have an active account with Ideal Mobile.

We may change the price and structure of your Rate Plan, modify the various Rate Plans,

change the price of the various Rate Plans, change the services included in a Rate Plan, or

change the requirements of eligibility for Rate Plans, at any time without prior notice to

you. You may designate others to manage or make changes to your account (“Authorized

Users”). You and Authorized Users will have access to all account information. If you give

your personal account validation information to someone, they can access and make

changes to your account just as you can, including incurring charges for which you are

responsible. Those changes will be binding on you. Ideal Mobile takes no

responsibility for changes made to your account by any Authorized User.

With respect to domestic long distance, roaming, international long distance, and any

other service provided by us (or to us by third parties), we may change the locations and

destinations where such Services may be used or where call can be placed or placed in

specific Rate Plans, or the rates and terms applicable to such locations and destinations,

without prior notice to you. Certain charges may be imposed by third parties and Ideal Mobile

Wireless may, as an accommodation, allow such charges to be paid through Ideal Mobile

Wireless.

YOU HAVE THE RIGHT TO REFUSE TO ACCEPT THESE RATE PLAN CHANGES. IF YOU

DO NOT WANT TO ACCEPT THE RATE PLAN CHANGES, YOU MUST NOTIFY US IN

WRITING WITHIN TEN (10) DAYS OF THE DATE OF THE CHANGE THAT YOU WISH TO

TERMINATE SERVICE. IF YOU DO NOT NOTIFY US THAT YOU WISH TO TERMINATE

SERVICE WITHIN THAT TIME AND/OR IF YOU CONTINUE TO USE THE SERVICE AFTER

THE RATE PLAN CHANGES, YOU INDICATE YOUR AGREEMENT TO BE BOUND BY THE

RATE PLAN CHANGES. NOTWITHSTANDING ANY TERMINATION, AMOUNTS

PREVIOUSLY PAID ARE NON-REFUNDABLE.

Charges.

You are responsible for paying all charges for Service (“Service Charges”), including, but

not limited to the following: (1) recurring monthly or weekly access charges; (2) charges

and taxes for optional Service features that you select, including long distance and

directory assistance (411) calls and other optional features, such as ringtone downloads

and data services; (3) any Service reconnection charges that may apply, such as a

reactivation fee; and (4) all applicable taxes and regulatory charges whether assessed

directly on you or us; provided, however, that for certain tax inclusive Rate Plans, only

applicable taxes and regulatory charges may be included in the Rate Plan price. You must

pay all taxes, fees and surcharges set by federal, state and local governments. To

determine taxes, fees and surcharges, we will use the street address you identified as your

Place of Primary Use (“PPU”). If you did not identify the correct PPU, or provided us with

an address that is not a recognized street address, such as a PO Box, does not identify the

applicable taxing jurisdictions or does not reflect the Service area associated with your

telephone number, you may be assigned a default PPU. You acknowledge and agree that a

default PPU may affect your ability to receive E-911 assistance and you agree to

indemnify and hold us harmless for any claims relating to your failure to provide a valid

PPU. In addition, if you are not on a tax-inclusive plan, you agree to pay all regulatory

administration charges (“Regulatory Administration Charges”), which may include, but are

not limited to, Federal Universal Service, various regulatory charges, our administrative

charges, gross receipts charges, margin taxes, and charges for the costs we incur in

complying with governmental programs. Regulatory Administration Charges are not taxes

and are not required by law. We set these charges, and the amounts and what they include

may change. They are rates we choose to collect from you and are kept by us in whole or

in part. The number and type of Regulatory Administration Charges may vary depending

upon the PPU of the wireless device and can change over time. We determine the rate for

these charges and these amounts are subject to change as are the components used to

calculate these amounts. Changes to taxes, fees and surcharges will become effective as

provided by the taxing authority and changes to Regulatory Administration Charges shall

be effective immediately. You are responsible for all charges to your account, whether or

not you were the user of the wireless device. If your wireless device gets lost or stolen,

you should notify us immediately, so we can suspend your Service to prevent someone

else from using it. Wireless access to corporate/employee email may require additional

server or server access, licenses, or additional requirements which may incur additional

charges. By requesting wireless access to corporate/employee email, you agree to pay

any of these additional charges.

My-Ideal Mobile

If you want to use optional Ideal Mobile services and/or features that are not charged

on a monthly or weekly basis by Ideal Mobile that are not included in your Rate Plan

but which are available in your area, you must pay for such services and/or features in

advance by paying money into your My-Ideal Mobile account, which has been established

specifically for this purpose. The Rate Plan to which you subscribe will determine whether

or not you can make use of, and if so, whether you must pay extra for various types of

domestic and international long distance, roaming, directory assistance, and other

optional features, such as ringtone downloads and data services. The most up-to-date

explanation of our available Rate Plans is available on our website at

www.idealmobile.com. You should consult your Rate Plan to determine which services

and features are included, and which services and features may be available for an

additional charge. The balance in your My-Ideal Mobile account is non-refundable. If you or

Ideal Mobile terminate your Ideal Mobile monthly or weekly Service for any reason,

any remaining balance in your My-Ideal Mobile account will be forfeited and will not be

refunded to you. As long as you continue to subscribe to your monthly or weekly Service,

any amounts you paid into your My-Ideal Mobile account to purchase such Services or features

will be carried over from month to month, EXCEPT THAT IF THERE IS NO ACTIVITY IN

THAT ACCOUNT FOR ANY CONSECUTIVE 12-MONTH PERIOD, ANY FUNDS YOU HAVE

PAID INTO THAT ACCOUNT WILL BE FORFEITED AND WILL NOT BE REFUNDED TO YOU.

To the extent we allow charges to be paid via your My-Ideal Mobile account, we will

automatically deduct the per-minute and per-use charges plus applicable taxes,

surcharges and fees from your My-Ideal Mobile account. For purposes of determining the perminute

length of your long distance call or roaming call, your call will be rounded up to the

nearest minute. Charges for a completed call from your wireless device will begin when

you press the SEND key and will end when either party ends the call. For Services where

charges are based on the amount of time used, we will round up any fraction to the next

full minute and you may be charged for calls to Customer Service and toll-free numbers.

For Services based on data usage, we will round up to the nearest whole kilobyte. For

outgoing calls, usage time starts when you first press SEND or the call connects to a

network, and for incoming calls, it starts when the call connects to a network (which may

occur before it rings). Usage time may end several seconds after you press END or after

the call disconnects. For calls made on our network, we only charge for calls that are

answered, including by machines. You will not receive a long distance or directory

assistance invoice and no call detail will appear on your monthly Service invoice from

Ideal Mobile. After a plan’s High Speed Data allocation is consumed, Ideal Mobile

will complimentary allot throttled data to the phone service. If Ideal Mobile identifies

an excessive use of data, the data service is subject to suspension.

Changes to Agreement.

We may change this Agreement at any time. If you are an existing customer, you will be

notified at least ten (10) days, unless a longer period is required, in advance of any

proposed changes that may result in more restrictive terms or conditions in this

Agreement. Any such changes to this Agreement will be effective after that time period.

YOU HAVE THE RIGHT TO REFUSE TO ACCEPT THE CHANGES. IF YOU DO NOT WANT

TO ACCEPT THE CHANGES, YOU MUST NOTIFY US IN WRITING WITHIN TEN (10) DAYS

OF THE DATE OF THE CHANGE NOTICE THAT YOU WISH TO TERMINATE SERVICE. IF

YOU DO NOT NOTIFY US THAT YOU WISH TO TERMINATE SERVICE WITHIN THAT TIME

AND/OR IF YOU CONTINUE TO USE THE SERVICE AFTER NOTIFICATION OF THE

CHANGES, YOU INDICATE YOUR AGREEMENT TO BE BOUND BY THE CHANGES.

Your Use Of The Service.

You agree to use the Service in accordance with this Agreement and to comply with all

applicable laws. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS IDEAL MOBILE

(ZHIELO LLC)WIRELESS FROM, ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH, YOUR

ACTS OR OMISSIONS, INCLUDING, BUT NOT LIMITED TO, ANY VIOLATION BY YOU OF

THE TERMS AND CONDITIONS OF THIS AGREEMENT, THE POLICIES, OR OF ANY

APPLICABLE STATUTES, ORDINANCES, LAWS OR REGULATIONS OF ANY LOCAL,

STATE, OR FEDERAL AUTHORITY, YOUR USE OF THE SERVICE AND ANY INFORMATION

YOU SUBMIT, POST, TRANSMIT OR MAKE AVAILABLE VIA THE SERVICE, FAILING TO

PROVIDE APPROPRIATE NOTICES REGARDING LOCATION-SENSITIVE SERVICES,

FAILURE TO SAFEGUARD YOUR PASSWORDS, BACKUP SECURITY QUESTION TO YOUR

PASSWORD OR ANY OTHER ACCOUNT INFORMATION, OR THE RIGHTS OF ANY THIRD

PARTY. Ideal Mobile may deny a request for Service from you for any lawful reason.

Ideal Mobile also reserves the right to cease serving you if you are not acting in

accordance with the terms of this Agreement or the Policies, to disconnect calls that are

not in accordance with the terms and conditions of this Agreement or the Policies, and to

cease providing service to telephone numbers or categories of services that are

inconsistent with the terms and conditions of this Agreement or the Policies and the

nature of the Service.

Ideal Mobile reserves the right to manage our network and the traffic on our network in

the way we believe best benefits our customers and best enables us to maintain Service of

the nature described in this Agreement. We have determined that our ability to provide

Service to our customers is disrupted when you place an abnormally high number of calls,

repeatedly place calls which result in abnormally long call lengths, repeatedly place calls

with abnormally high costs, high or disproportionate use, or otherwise use our Services or

network in excess of our expectations or the normal amount of use by our customers.

Thus, we reserve the right to discontinue Service to customers, to discontinue or block

Service to certain telephone numbers or categories of services, to terminate calls or

Services as described below, to reduce the speed at which such services are provided, or

to restrict the amount of usage, which our experience indicates result in disruptive usage

patterns of this nature. For example, Ideal Mobile Service is not intended for use (i) by

persons engaged in the provision of telemarketing services, commercial research or

commercial data collection, (ii) by persons seeking a dedicated private line or access line

to the internet, or other continuous uses that create the functional equivalent of a

dedicated telephone line, (iii) by persons seeking to maintain open lines of communication

for extended periods of time (for example, baby monitoring or other monitoring services),

(iv) by persons seeking to establish an access point for intra-company private branch

exchange services, (v) by persons seeking to provide a commercial or private dispatch

service, (vi) by persons seeking to access multi-party Chat Line Services or to call

telephone numbers that generate Chat Line Traffic (as defined herein), (vii) for persons

seeking to use the service for commercial purposes, (viii) for persons who do not reside in

and have the predominant amount of usage on our networks, or (ix) for persons whose

web and data Rate Plan usage is not predominantly for HTML/WAP browsing and

multimedia streaming services provided by us, our affiliates, authorized suppliers, and

licensees. For the purposes of this Agreement, “Chat Line Traffic” means traffic which

originates or terminates to or from, relates to, arises out of, is in connection with, or

pertains to, a multiple voice bridging service, company, or provider (or telephone numbers

associated therewith) in which two or more incoming callers may be connected with each

other simultaneously. Chat Line Traffic does not include traffic originating or terminating

to or from traditional business dial-in conference calling in which a designated group of

callers dial in to a known dial-up conference number at a pre-arranged time for a specific

business purpose. For the purpose of this Agreement, “Chat Line Service” means a

service which generates Chat Line Traffic.

Some elements of multimedia messages may not be accessible, viewable, or heard due to

limitations on certain wireless phones, PCs, or e-mail. We reserve the right to change the

multimedia message size limit at any time without notification.

Text message notifications may be sent to non-multimedia messaging subscribers if they

subscribe to text messaging. You may receive unsolicited messages from third parties as

a result of visiting Internet sites, and a per-message charge may apply whether the

message is read or unread, solicited or unsolicited.

Ideal Mobile also reserves the right to block, or otherwise prevent access to, 9xx, 7xx,

5xx, and 8xx telephone numbers as well as other telephone numbers, services, countries,

carriers, destinations, services and types of services that Ideal Mobile determines, in

its sole discretion, are inconsistent with the nature of Service provided by Ideal Mobile,

are indicative of uses not permitted hereunder, or result in abnormally long calls,

abnormally high costs, or abnormally high usage. We also may block calls to telephone

numbers at the request of the called party. In addition, if any call duration exceeds a

length of time, or a data session exceeds the amount of data that is determined by Ideal Mobile

Wireless to be excessive from time to time, Ideal Mobile may, in its sole discretion,

terminate or restrict any such call or data session.

In addition, the Service may be used only for your own voice communications and may not

be used to transmit data, or for any other one-way transmission application other than

data Services expressly offered to you by Ideal Mobile. You may not resell the Service

or use the Service to provide commercial service to others. You also may not use the

Service in a manner that is intended to cause or results in interference to, or causes

problems with, the operation of Ideal Mobile’ wireless system or other communications

systems.

You can’t use our Services: (a) in a way that could cause damage or adversely affect any

of our other customers or our reputation, network, property or Services; or (b) in any way

prohibited by the terms of our Services, the Agreement or our Policies. We can take any

action to: (1) protect our network, our rights and interests, or the rights of others; (2)

optimize or improve the overall use of our network and Services; or (3) prevent usage that

is indicative of uses not permitted hereunder. Some of these actions may interrupt or

prevent legitimate communications and usage, such as message filtering/blocking

software to prevent spam, viruses, or autodialed calls or SMS messages, limiting

throughput, limiting access to certain websites, applications or other data content,

capping or restricting use, or prohibitions on unintended uses (for example, use as a

dedicated line, or use as a monitoring service), etc. For additional information on what we

do to protect our customers, network, Services and equipment, see our Privacy Policy,

Ideal Mobile Terms of Use and Online Terms of Use at our website at www.Idealmobile.com.

We use filters to block spam messages, but we do not guarantee that you will not receive

spam or other unsolicited messages, and you agree that we are not liable for such

messages. You agree that a violation of this section harms Ideal Mobile, which cannot

be fully redressed by money damages, and that we shall be entitled to immediate

injunctive relief in addition to all other remedies available without the requirement to post

a bond.

You agree you will not use our messaging services to send messages that contain

advertising or a commercial solicitation to any person or entity without their consent. You

will have the burden of proving consent with clear and convincing evidence if a person or

entity complains you did not obtain their consent. Consent cannot be evidenced by third

party lists you purchased or obtained. You further agree you will not use our messaging

service to send messages that: (a) are bulk messages (b) are automatically generated; (c)

can disrupt our network; (d) harass or threaten another person (e) interfere with another

customer’s use or enjoyment of our Services; (f) generate significant or serious customer

complaints, (g) that falsify or mask the sender/originator of the message; or (h) violate any

law or regulation. We reserve the right, but are not obligated, to deny, disconnect,

suspend, modify and/or terminate your messaging service or messaging services with any

associated account(s), or to deny, disconnect, suspend, modify and/or terminate the

account(s), without notice, as to anyone using messaging services in any manner that is

prohibited. Our failure to take any action in the event of a violation shall not be construed

as a waiver of the right to enforce such terms, conditions, or policies. Advertising and

commercial solicitations do not include messaging that: (i) facilitates, completes, or

confirms a commercial transaction where the recipient of such message has previously

agreed to enter into with the sender of such message; or (j) provides account information,

service or product information, warranty information, product recall information, or safety

or security information with respect to a commercial product or service used or purchased

by the recipient of such message.

Although it is illegal for unauthorized people to intercept wireless device calls intended for

others, Ideal Mobile cannot guarantee the complete privacy of your calls. Wireless calls

by nature may be intercepted by third parties. IDEAL MOBILE SHALL NOT BE LIABLE

TO YOU OR TO ANY THIRD PARTY FOR ANY INTERCEPTION BY THIRD PARTIES OF

COMMUNICATIONS FROM ITS SYSTEM. Additionally, Ideal Mobile does not encrypt

your calls.

Always use your wireless device in a safe manner that does not create a risk to your safety

or the safety of others around you. It can be dangerous, and in some jurisdictions illegal,

for you to use a wireless device or our Service while driving. It is your responsibility to

comply with laws that apply to you when you are driving.

Data Access

Depending on your Rate Plan, your usage of Data Access may be metered by Us. Your

Rate Plan may include a Data Access usage limit, such as 1 GB per billing cycle.

Our billing cycle is based on a 30 day cycle – the account is due at Midnight on the 29th day.

We shall determine in our sole discretion what data usage constitutes Data Access and reserve the

right to alter, make additions to or deletions to what type of data usage, or protocols,

constitute Data Access without notification to you. Data Access may include, for example,

multimedia steaming and video on demand services, as well as certain multimedia

uploads, downloads and gaming services and applications. Uploads are data sessions

where the data is transferred from your Wireless Device to some other computer or

wireless device, while downloads are data sessions where the data is transferred from

some other computer or wireless device to your Wireless Device.

Data Access usage includes, but is not limited to, the actual data sent and received along

with overhead, header packets, and may include other information sent in connection with

a data session in which Data Access occurs. Data Access on networks not owned by us

may not be available or may be further limited. Charges and availability is based on the

location of the cell site receiving and transmitting the Data Access service and not your

location.

The absolute capacity of the wireless data network is limited. Accordingly, Data Access is

only provided for prescribed purposes and pricing for Data Access is device dependent

and based on the transmit and receive capacity of each device. A Data Access pricing plan

designated for one type of device may not be used with another device. Compatible data enabled

wireless device are required. Ideal Mobile has the right to suspend an account for excessive

usage. Unlimited usage does not mean unreasonable usage. Ideal Mobile has the right to

determine this usage.

You acknowledge and agree that your Data Access usage may vary depending on certain

factors outside of our control. Such factors may include the amount of users on the

service, network congestion, the distance to the serving cell site, the number of users

served by your serving cell site, the management of backhaul at the serving cell site, any

application(s) you are using for your data session, the screen size of your Wireless Device,

the bit rate(s) of your data session, the type(s) and amount(s) of compression used by the

computers or wireless devices involved in the data session, and any error(s) that might

occur in the data session.

In order to assess your usage during an applicable billing period, you may obtain

approximate usage information by using one of our automated systems. Any application

on your Wireless Device which describes the amount of data usage does not necessarily

reflect your usage of Data Access. We may provide a meter for your use in one or more

locations accessible by you. Any meter we may provide for your use may deliver readings

higher or lower than your actual Data Access usage, or deliver readings that are higher

than your actual Data Access usage because of the units of measurement used by Us. Any

reading delivered by any meter we provide for your use will have inherent inaccuracies

and may not provide up to the minute or second accuracy. Further, any reading delivered

by any meter We provide for your use may only be completely accurate if your Wireless

Device is turned off and not transmitting or receiving any data from any data session.

Your Data Access ability may be suspended, terminated, or shut off by us if you exceed

your allotted Data Access in any billing cycle. If your Data Access ability is suspended,

terminated, or shut off by us during any billing cycle, you acknowledge and agree that you

will have to change your Rate Plan during the affected billing cycle in order to resume

your Data Access capability during that billing cycle. Your Data Access ability will resume

during the next billing cycle if you choose to not change your Rate Plan during any

affected billing cycle. You acknowledge and agree that changing your Rate Plan to allow

additional Data Access is your sole and exclusive remedy.

Your Data Access usage limit will be reset at the beginning of each billing cycle. Data

Access charges are paid in advance and are non-refundable. Some data services may

require additional subscriptions fees and/or be subject to additional charges and

restrictions. You further acknowledge and agree that if your do not utilize your full

allocation of Data Access during any billing cycle that you will not be entitled to any

refund in any form from US for any portion, pro-rated or otherwise, of your Data Access

unused by you during a billing cycle. Further, any unutilized Data Access usage limits in

any billing cycle will not roll over or otherwise be available in any other billing cycle.

Content and Applications.

You can purchase Content and Applications (for example, downloadable, streaming or

networked applications, wallpapers, ringtones, games, productivity tools and video)

(“Content and Apps”) for and with your compatible wireless device. Some Content and

Apps that you can purchase with your wireless device are not sold by Ideal Mobile and

for such Content and Apps, you can identify the third party seller at the point of purchase.

Ideal Mobile is not responsible for the Content and App, including download,

installation, use, transmission failure, interruption, or delay, or any content or website you

may be able to access through the Content and App. Any support questions for such

Content and Apps should be directed to the third party seller identified at the point of

purchase. When you download or install any Content and App sold by a third party seller,

you may be subject to license terms between you and the third party seller and Content

and App creator/owner. When you use, install, display, run, or listen to Content and Apps

that you purchase from Ideal Mobile, the Content and App is licensed to you by Ideal Mobile

Wireless and may be subject to additional license terms between you and the

creator/owner of the Content and App. Whether purchased from Ideal Mobile or a third

party seller, any Content and App you purchase is licensed for personal, lawful, noncommercial

use on your wireless device only. You may not transfer, copy, or reverse

engineer any Content and App, or alter, disable or circumvent any digital rights

management security features embedded in the Content and App. You understand and

agree that the Content and Apps contain the intellectual property of third parties. You

understand and agree that the Content and Apps are protected by law (including copyright

law) and are solely for the your personal, non-commercial use. You agree to comply with

all applicable laws (including copyright law), and may only make such copies as are

reasonably necessary for your personal and non-commercial use. You agree that any

other redistribution, reproduction, transmission, communication, sale, use (including,

except in the case of Ringtones, as a “ringer” for a telephone), broadcast, public

performance, rental or lending, adaptation, sub-license or other use of the Content and

Apps without the prior written consent of the copyright owner is prohibited. You

understand and agree that all rights not expressly granted herein are reserved by the

applicable content owner.

Off-net Usage.

Our Services and Rate Plans are designed for you to use your service each month

predominantly using our networks. If your minutes of use, text messaging usage or data

usage are not predominantly on our networks (“off-net usage”), or are excessive,

abnormally high, or cause Ideal Mobile to incur too much cost, Ideal Mobile may, at

its option and sole discretion, terminate your service, deny your continued use of other

carriers’ coverage, or change your Rate Plan. Ideal Mobile will provide you with

advance notice that it intends to take any of the above actions.

Equipment.

You may buy a wireless device to use on our Service from us or someone else, but it must,

as solely determined by us, comply with Federal Communications Commission

regulations, be certified for use on our network, and be compatible with, and not

potentially harm, our Service or our network. Our Services will only work with wireless

devices compatible with our network and not all services are available with all wireless

devices or on all networks. Please be aware that we may change your wireless device’s

software, applications or programming remotely, without notice. This could affect your

stored data, or how you have programmed or use your wireless device. A Ideal Mobile

wireless device is designed to be used only with our service and on our network. Please

note that your wireless device may not work with another wireless network, or the other

wireless carrier may not accept your wireless device on its network. If your wireless

device was purchased from Ideal Mobile or an authorized Ideal Mobile dealer, the

wireless device has a software programming lock that will prevent the wireless device

from operating with other compatible wireless telephone carriers’ services. Please contact

Ideal Mobile at 1-305-684-8888 for information regarding our software programming

lock. Some features will be available only on wireless devices purchased from us. Your

wireless device may contain sensitive or personal information. Ideal Mobile is not

responsible for any information on your wireless device, including sensitive or personal

information. If possible, you should remove or otherwise safeguard any sensitive or

personal information when your wireless device is out of your possession or control,

including, but not limited to, relinquishing, exchanging, returning or recycling your

wireless device. By submitting your wireless device to us, you agree that our employees,

contractors or vendors may access all of the information on your wireless device.

Account Activity and Information Verification.

This Agreement shall be contingent upon our verification and approval of certain

information about you, including billing information. We reserve the right to deny or limit

the provision of Service on the basis of any information that we gather. We may require

that you provide us with additional or updated information we reasonably need to

determine if you qualify for Service, to manage the Service, or to determine if you are

using the Service in accordance with this Agreement. If you do not provide us the

information we request within the time period that we specify, we may choose not to

provide Service to you, or, if you are an existing customer, we may suspend or terminate

Service to you. You warrant and represent that all information furnished to us by you is

current, complete, accurate and true as of the time you provide it, and you will update it as

necessary to keep it complete, accurate, and true. At any time, we may take any action that

we believe necessary to verify or review your account activity or information you provide

to us, including: (1) verification of your billing or account information, (2) review of your

use of Services and of your account to help assess the Services we provide and the

performance of our systems, and (3) investigation of suspected prohibited use or violation

of this Agreement or the Policies. We may share information we gather about you as

provided elsewhere in this Agreement and in our Privacy Policy which is available at

www.Idealmobile.com or by writing to us at the address in the “Notices” section below.

We also may share your information, including your personal information and customer

proprietary network information, with any person who may purchase our business.

You (the account holder) may password protect your account information by establishing

a personal identification number (“PIN”). You may also set a backup security question and

answer in the event you forget your PIN. You agree to protect your PIN, passwords and

other account access credentials like your backup security question from loss or

disclosure. It is your sole responsibility to protect your account by creating a password

that is unknown to any other person. This password should never be shared nor should it

be written down and kept in a place that is accessible to others. Should you feel that your

password has been compromised you should immediately call Ideal Mobile to change

your password. You further agree that Ideal Mobile may, in our sole discretion, treat

any person who presents your credentials for account access as you or an Authorized

User on the account for the purposes of disclosure of information or changes in your Rate

Plan or Service.

Billing and Payment.

Except for My-Ideal Mobile features, Service Charges are generally billed in advance and are

due before the first day of your Service period. Monthly Service periods are approximately

30 days long. Weekly Service Periods are 7 consecutive calendar days long. The dates of

your monthly or weekly service period and other dates related to your account may

change from time to time. You must promptly notify us of any change in your billing

address. As a convenience, you may authorize recurring payment of your Ideal Mobile

bill through a credit or debit card or bank transfer authorization; this authorizes us to

charge all amounts you owe us to the credit or debit card or bank transfer authorization up

to five (5) days prior to the due date and to demand immediate payment from the card or

debit issuer or bank. Unless required by law, we will not give any additional notice to you

or obtain additional consent from you before charging Service Charges to that credit or

debit card. You must promptly notify us of any change in the credit or debit card or bank

transfer authorization you want to use for payment. You may also make a payment by

credit or debit card online at www.idealmobile.com or through the automated Ideal Mobile

Wireless IVR. In addition, you may pay your Ideal Mobile bill by sending a check or

money order by mail to our corporate address in Miami, by bringing cash or a check or

money order in person to any Ideal Mobile store or authorized payment center. You

may be required to pay an additional service charge, depending on the payment method

you choose. This information is available on your Start of Service form. In addition, we

may charge an additional fee up to the maximum amount permitted by law for any check

or other negotiable instrument tendered by you and returned unpaid by a financial

institution for any reason. We reserve the right, in our sole discretion, to require that you

pay your Ideal Mobile bill with cash, certified check, cashier’s check or money order.

We also reserve the right to report any check returned to us to reporting and credit

agencies and law enforcement.

Billing Disputes.

Your payment will be considered late if we do not receive it before the first day of the

monthly or weekly service period for which the payment is due. If you do not make all

payments when they are due, you will be in default under this Agreement, and Ideal Mobile

Wireless will be entitled to exercise any rights it may have under this Agreement, including

the suspension or termination of Service to you. If we accept a late or partial payment,

even if you mark the payment “paid in full,” we do not waive our rights to suspend or

terminate your Service or any other rights we may have. If your Service is terminated and

you promptly pay amounts that are overdue, Ideal Mobile, in its sole discretion, may

reconnect your Service after you have paid any reconnection fees we have imposed. In

such case, your bill date will not change resulting in fewer days of service for that month.

If you have a dispute regarding your bill, charges to your account, or about the services

provided to you, you agree to notify us of the dispute within 60 days after the date you first

receive the disputed bill or charge (“Dispute Period”), unless otherwise provided by law. If

you do not notify us of your dispute in writing within the Dispute Period, you have waived

such claim will be forever barred and stopped from raising, or making a claim for such

dispute and you may not pursue a claim in arbitration or in court, and unless otherwise

provided by law, you must pay disputed charges until the dispute is resolved. If you

accept a credit, refund or other compensation or benefit to resolve a disputed bill or

charge, you agree that the issue is fully and finally resolved and such credit shall act as an

accord and satisfaction. For California customers, for charges incurred before you notify

us, you are not liable for charges you did not authorize, but the fact that your wireless

device was used is some evidence of authorization. You may request that we investigate

charges you believe were unauthorized. We may ask you to provide information and you

may submit information to support your request. If we determine the charges were

unauthorized, we will credit your account. If we determine the charges were authorized, we

will inform you within 30 days and you will remain responsible for the charges.

Termination.

We may terminate or suspend your Service at any time and for any reason without liability.

If you breach any portion of this Agreement (including failing to pay your bill in full on

time), we may suspend, terminate or restrict your Service. We can, without notice, restrict,

suspend or end your Service or any agreement with you at any time for any reason,

including, but not limited to: (1) if you: (a) breach this agreement; (b) resell your Service;

(c) use your Service for any purpose or in any way not permitted under this Agreement or

for any illegal purpose, including use that violates trade and economic sanctions and

prohibitions promulgated by any U.S. governmental agency or engaging in conduct that

adversely affects our customers, employees, business, or any other person(s), or that

interferes with our operations, network, reputation, or ability to provide quality service; (d)

tampering with or modifying your wireless device; (e) “spamming” or engaging in other

abusive or unsolicited communications; (f) reselling Ideal Mobile wireless devices for

profit, or tampering with, reprogramming or altering wireless devices for the purpose of

reselling the wireless device; (g) install, deploy or use any regeneration equipment or

similar mechanism (for example, a repeater) to originate, amplify, enhance, retransmit or

regenerate an RF signal without our permission; (h) steal from or lie to us; (i) interfere with

our operations; (j) fail to follow our Policies; (k) provide false, inaccurate, dated or

unverifiable identification or credit information; (l) modify a wireless device from its

manufacturer specifications; (m) fail to use our Services for an extended period of time;

(n) fail to maintain an active wireless device in connection with the Service; (o) attempt to

transfer Service to another person without our consent; (p) misuse your Service or

wireless device; (q) use your Service or wireless device in a manner that is excessive,

unusually burdensome, or unprofitable to us; (r) use your service other than

predominantly on our networks; (s) use of our Service exceeds our stated Policies for use;

(t) use your web and data Service Plan other than predominantly for HTML/WAP browsing

and multimedia streaming services provided by Ideal Mobile, its affiliates, authorized

suppliers and licensees; or (u) assist or facilitate anyone else in any of the above activities.

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; or (2) if you, any user of your wireless device or any

account manager on your account: (a) threaten, harass, abuse, offend or use vulgar and/or

inappropriate language toward our representatives or any person whom they call using

our Service; (b) interfere with our operations; (c) “spam,” or engage in other abusive

messaging or calling; (d) modify your wireless device from its manufacturer’s

specifications; or (e) use your Service in a way that negatively affects our network or other

customers. We can also temporarily limit your Service for any operational or governmental

reason; or if we have reason to believe that you are using our Service for any fraudulent,

obscene, illegal, harassing, commercial or abusive purpose, such as for the transmission

of or access to pornography or other services or materials that are obscene, cater to a

prurient interest in sex, are patently offensive or are without redeeming social value, or if

we believe the action protects our interests, any customer’s interests or our network.

Ideal Mobile is not required to provide you with any notification before suspending,

restricting, or terminating your Service. If you promptly pay amounts that are overdue or

cure any other breach of this Agreement, Ideal Mobile, in its sole discretion, may

reconnect your Service after you have paid any reconnection fees we have imposed. In

addition, you may terminate Service at any time by notifying us in writing at the address

listed below in the “Notices” section.(f)unlimited usage does not mean unreasonable

and or excessive use of the network.

We may terminate or suspend your Service at any time and for any reason without liability.

REFUND POLICY.

AMOUNTS PAID FOR SERVICE CHARGES ARE NON-REFUNDABLE. IF YOUR SERVICE IS

TERMINATED FOR ANY REASON AND YOU HAVE A POSITIVE BALANCE IN YOUR

SERVICE ACCOUNT OR IN YOUR IDEAL MOBILE MY-IDEAL MOBILE ACCOUNT, YOU WILL

NOT BE ENTITLED TO RECEIVE ANY REFUND.

Telephone Numbers.

We will assign a telephone number (the “Number”) to your wireless device. You do not

own nor have any rights to the Number or any personal identification number (“PIN”) that

you may use in connection with your Service, except for any right you may have to port

the Number to another carrier. We also may assign an Internet Protocol address (“IP

Address”) to your wireless device. You do not own or have any rights to the IP Address.

We can change, reassign, or eliminate any Number or PIN by giving you notice and your IP

Address without giving you notice. If your account is deactivated, we can reassign the

Number or IP Address without giving you any notice. You may not assign the Number, PIN

or IP Address to any wireless device, other equipment or to any other party except as

approved by us. If you assign the Number, PIN or IP Address to any wireless device, other

equipment or to any other party without our approval, we reserve the right to terminate

your Service. You may be able to take, or “port,” your Number to another carrier. In order

to port your Number from Ideal Mobile, you must have an active account with Ideal Mobile

Wireless. If you port a Number from us, we will treat it as though you asked us to cancel

your Service for that Number. After the porting is completed, you will not be able to use

our Service for that Number, but you will remain responsible for all fees and charges

through the end of that billing cycle, just like any other cancellation. If you port a Number

to us, please be aware that we may not be able to provide some services right away, such

as 911 location services. You may be required to purchase a new wireless device and you

may be without Service for some period of time. Ideal Mobile may charge a fee to

reimburse Ideal Mobile for the costs Ideal Mobile incurs to meet the equipment,

technology and infrastructure requirements necessary to enable number porting. Ideal Mobile

Wireless may also charge a fee to reimburse Ideal Mobile for the cost Ideal Mobile

incurs to perform a port. As a standard service feature, Ideal Mobile transmits your

Number, account name, and address with each call or data session you make from your

Ideal Mobile wireless device. Your account name, Number, and IP Address may be

displayed on the telephone or other device of the party called if that person uses caller

identification. Your Number and location may also be transmitted to public safety officials

if you dial 911 or other emergency service numbers. Your name and Number for most calls

can be blocked on a call-by-call basis by dialing *67 before the telephone area code and

telephone number. In addition, you may elect to have your name and Number permanently

blocked, at no charge, by sending a request in writing to: sales@idealmobile.com

EXCLUSIVE REMEDY; LIMITATION OF LIABILITY.

YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR (i) OUR, OR OUR

DEALER’S, AGENT’S, REPRESENTATIVE’S, VENDOR’S, SUPPLIER’S, OR OTHER

CARRIER’S FAILURE TO PROVIDE YOU WITH SERVICE OR IDEAL MOBILE’ FAILURE

TO PERFORM HEREUNDER SHALL BE YOUR RIGHT TO HAVE IDEAL MOBILE REPERFORM

SUCH SERVICE. UNLESS THE LAW FORBIDS IT IN ANY PARTICULAR CASE,

OR (ii) ANY FAILURE, MALFUNCTION, DEFECT, OR OTHERWISE RELATED TO, ARISING

OUT OF, OR IN CONNECTION WITH ANY DEVICE, HANDSET, OR OTHER EQUIPMENT OR

PRODUCT SUPPLIED OR PROVIDED BY US, SHALL BE YOUR RIGHT TO HAVE IDEAL MOBILE

WIRELESS REPAIR, OR HAVE REPAIRED, REPLACE, OR HAVE REPLACED, SUCH

DEVICE, HANDSET, OR OTHER EQUIPMENT OR PRODUCT. UNLESS THE EXCLUSIVE

REMEDY SET FORTH IN THE PREVIOUS SENTENCE IS PROHIBITED UNDER APPLICABLE

LAW, YOU AGREE TO LIMIT CLAIMS FOR DAMAGES OR OTHER MONETARY RELIEF

AGAINST THE IDEAL MOBILE PARTIES, OR ANY SUPPLIER, AGENT, DEALER,

REPRESENTATIVE, CARRIER, VENDOR OR MANUFACTURER, TO THE LESSER OF: (A)

YOUR DIRECT DAMAGES OR (B) THE PRORATED MONTHLY OR OTHER CHARGES YOU

PAID OR OWE US FOR THE APPLICABLE SERVICE OR WIRELESS DEVICE FOR ONE

MONTH’S SERVICE CHARGES. AS A MATERIAL PART OF THE CONSIDERATION PAID BY

YOU FOR THE SERVICES PROVIDED BY IDEAL MOBILE OR ANY SUPPLIER, AGENT,

DEALER, REPRESENTATIVE, CARRIER, VENDOR OR MANUFACTURER OF IDEAL MOBILE

WIRELESS, UNDER THIS AGREEMENT, AND NOTWITHSTANDING ANY OTHER

PROVISION HEREOF, YOU AGREE THAT UNDER NO CIRCUMSTANCES ARE WE LIABLE

FOR ANY INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, TREBLE, PUNITIVE OR SPECIAL

DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT OF, RELATED TO, OR IN

CONNECTION WITH, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF

BUSINESS, OR COST OF REPLACEMENT PRODUCTS AND SERVICES, TO THE FULLEST

EXTENT THE SAME MAY BE DISCLAIMED BY LAW. THIS MEANS THAT NEITHER OF US

WILL SEEK ANY INDIRECT, SPECIAL, CONSEQUENTIAL, TREBLE, OR PUNITIVE

DAMAGES FROM THE OTHER. THIS EXCLUSIVE REMEDY, LIMITATION AND WAIVER

ALSO APPLIES TO ANY CLAIMS EITHER PARTY MAY BRING AGAINST THE OTHER

PARTY TO THE EXTENT THAT IT WOULD BE REQUIRED TO INDEMNIFY THAT PARTY

FOR SUCH CLAIM. THIS LIMITATION AND WAIVER WILL APPLY REGARDLESS OF THE

THEORY OF LIABILITY, WHETHER FRAUD, MISREPRESENTATION, BREACH OF

CONTRACT, PERSONAL INJURY, NEGLIGENCE, PRODUCT LIABILITY, OR ANY OTHER

THEORY. YOU AGREE THAT THE FOREGOING ALLOCATION OF RISK SHALL, IN THE

EVENT OF IDEAL MOBILE’ INABILITY, DESPITE GOOD FAITH EFFORTS, TO PROVIDE

THE SERVICES OR THE PRODUCTS, REMAIN IN EFFECT REGARDLESS OF WHETHER

THE EXCLUSIVE REMEDIES PROVIDED FOR UNDER THIS SECTION THEN SATISFY THE

ESSENTIAL PURPOSES FOR WHICH THETY WERE INTENDED, OR OTHERWISE PROVIDE

YOU WITH A FAIR QUANTUM OF RELIEF.

You agree that neither we nor our vendors, suppliers or licensors are responsible for any

damages resulting from: (a) any action or omission by a third party: (b) providing or failing

to provide Services, including, but not limited to, deficiencies or problems with a wireless

device or network coverage (for example, dropped, blocked, interrupted Services, etc.); (c)

traffic or other accidents, or any health-related claims relating to our Services; (d) data

content or information accessed while using our Services; (e) an interruption or failure in

accessing or attempting to access emergency services from a wireless device, including

through 911, Enhanced 911 or otherwise; (f) interrupted, failed, or inaccurate location

information services; (g) information or communication that is blocked by a spam filter;

and (h) damage to your wireless device or any computer or equipment connected to your

wireless device, or damage to or loss of any information stored on your wireless device,

computer, equipment, or Ideal Mobile storage space from your use of the Services or

from viruses, worms, or downloads of malicious content, materials, data, text, images,

video or audio. You agree we aren’t responsible for problems caused by you or others, or

by any act of God or other events beyond our control, including acts of God (for example,

weather-related phenomena, fire, earthquake, hurricane, etc.), riot, strike, war, terrorism or

government orders or acts. You also agree we aren’t liable for missed or deleted voice

mails or other messages, or for any information, such as pictures, that gets lost or deleted

if we service your wireless device. If another wireless carrier is involved in any problem

(for example, while you’re roaming), you also agree to any limitations of liability in its favor

that it imposes. You should implement appropriate safeguards to secure your wireless

device, computer or equipment and to back-up your information stored on each.

DISCLAIMER OF WARRANTY: WIRELESS DEVICES, ACCESSORIES, AND RELATED

EQUIPMENT.

IDEAL MOBILE DOES NOT MANUFACTURE WIRELESS DEVICES OR RELATED

ACCESSORY EQUIPMENT. YOUR WIRELESS DEVICES AND RELATED ACCESSORY

EQUIPMENT COME WITH A SEPARATE WRITTEN LIMITED WARRANTY FROM THE

MANUFACTURER. STATEMENTS BY IDEAL MOBILE OR IDEAL MOBILE

EMPLOYEES AND AGENTS REGARDING THE WIRELESS DEVICES OR RELATED

ACCESSORY EQUIPMENT SHOULD NOT BE INTERPRETED AS A WARRANTY BY IDEAL MOBILE

WIRELESS. IDEAL MOBILE MAKES NO REPRESENTATIONS OR WARRANTIES,

EXPRESS OR IMPLIED, ABOUT YOUR WIRELESS DEVICES OR ANY RELATED

ACCESSORY EQUIPMENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY

OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER

DOES NOT DEPRIVE YOU OF ANY RIGHTS YOU MAY HAVE AGAINST THE

MANUFACTURER. WITHOUT LIMITATION, IDEAL MOBILE WILL NOT BE LIABLE TO

YOU IN CONNECTION WITH: (1) THE MANUFACTURER’S WARRANTY, (2) ANY ACTIONS

OR OMISSIONS OF THE MANUFACTURER, OR (3) ANY MALFUNCTION OR FAILURE OF

THE WIRELESS DEVICE OR RELATED ACCESSORY EQUIPMENT.

DISCLAIMER OF WARRANTY: SERVICES.

IDEAL MOBILE (ZHIELO LLC) AND ITS VENDORS AND SUPPLIERS (“IDEAL MOBILE PARTIES”)

MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY

IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR

PURPOSE, TO YOU IN CONNECTION WITH, ARISING OUT OF, OR RELATING TO YOUR

USE OF THE SERVICE. YOU ACKNOWLEDGE THAT SERVICE INTERRUPTIONS WILL

OCCUR FROM TIME TO TIME AND AGREE TO HOLD THE IDEAL MOBILE PARTIES

HARMLESS FOR ALL SUCH INTERRUPTIONS. IN NO EVENT SHALL IDEAL MOBILE(ZHIELO LLC)

PARTIES BE LIABLE FOR ECONOMIC LOSS, PERSONAL INJURIES, OR PROPERTY

DAMAGE SUSTAINED BY YOU OR ANY THIRD PARTY ARISING FROM USE OF THE

SERVICE OR THIS AGREEMENT.

TTY.

TTY (also known as TDD or Text Telephone) is a telecommunications device that allows

people who are deaf or hearing-impaired or who have speech or language disabilities to

communicate by telephone. If you have a digital wireless device that is TTY-compatible, it

is possible to make calls, including 911 calls, with a TTY. If you have questions concerning

the capabilities of your wireless device, please contact us toll-free at 1-855-5145.

Risk of Loss or Damage to Wireless Devices.

Upon your acceptance of delivery of your wireless device, all risk of loss, damage, theft, or

destruction of your wireless device is borne by you. In the event of any loss, damage, theft,

or destruction of your wireless device, in whole or in part, you are responsible for

purchasing a replacement wireless device from Ideal Mobile at your expense, and you

remain responsible for your obligations under this Agreement, including, without

limitation, your responsibility for the payment of Service Charges.

Notices.

You agree that we may contact you for Service or billing related reasons through the

contact information you provide, at the current address on your account, through the

Services or wireless devices to which you subscribe or through other available means,

including text message, email, fax, recorded message, voicemail, broadcast message,

mobile, residential or business telephone, or mail. Any such notice will be treated as

provided to you when left with you, on your wireless device, or on your

answering/voicemail service. Any notice that Ideal Mobile mails to you will be deemed

provided to you, to the extent permitted by applicable law, when Ideal Mobile deposits

the notice into the United States mail addressed to you at your last known address as

shown in our billing records. You must notify us of any address changes. Failure to notify

us of a change in your address constitutes a breach of this Agreement and grounds for

possible suspension or termination of your Service. Your notice to us shall be deemed

given when received by us, whether by telephone, email, or other means to:

sales@idealmobile.com

CPNI.

In providing service to you, Ideal Mobile will receive information classified as

“customer proprietary network information” (CPNI) under federal law that is considered

confidential, such as information regarding your usage of the Service, the technical

configuration of such Service, the destination of telephone calls you make and the type of

services you purchase. Ideal Mobile may use this information for certain purposes

without further disclosure or consent, including the following: to provide you with Service;

to market service offerings to you related to the Services you purchase; or to protect you,

other Ideal Mobile users, Ideal Mobile and other carriers from fraud, abuse or

unlawful use of its Service, and in aggregate not personally identifiable form to provide

other Services. Ideal Mobile reserves the right to communicate with you by using

prerecorded messages made by auto dialers or the like that are informational or

promotional in nature. Ideal Mobile also may share such information with its affiliates,

contractors, dealers, and third party agents for the limited purpose of making available to

you communications-related offers and information that may be of interest to you.

However, you have the right under federal law to request Ideal Mobile not to disclose

your confidential information for the purpose of mailing communications-related offers,

and Ideal Mobile has the duty to honor any such request. You may “opt out” of

disclosure of your CPNI to Ideal Mobile affiliates and third party agents for the purpose

of mailing communications related offers by sending a request in writing to:

info@idealmobile. Opting out will not affect Ideal Mobile’ provision of

Service to you. Additional information regarding our use of CPNI and other subscriber

information is set forth in our Privacy Policy, available at www.Idealmobile.com, which

we incorporate herein by reference.

Third Party Applications.

It is your responsibility to notify Authorized Users that your location can be identified

while using GPS applications. If you use a third party application, the application may

access, collect, use or disclose your personal information or require Ideal Mobile to

disclose your information, including location information (when applicable), to the

application provider or some other third party. If you access, use or authorize third party

applications through the Services, you agree and authorize Ideal Mobile to provide

information related to your use of the Services or the application(s). You understand that

your use of third party applications is subject to the third party’s terms and conditions and

policies, including the third party’s privacy policy. You agree that any Authorized User

may access, use or authorize Ideal Mobile or third party location-sensitive applications

through the Services. You understand that your use of such location-sensitive

applications is subject to the application’s terms and conditions and policies, including its

privacy policy. If you activate location-sensitive services for wireless devices used by

other Authorized Users, you agree to inform the Authorized User(s) of the terms of use for

location-sensitive applications and that the wireless device may be located. For additional

information on location-sensitive services, see our Privacy Policy at our website.

Intellectual Property.

You agree not to infringe, misappropriate or otherwise injure the intellectual property

rights or goodwill of Ideal Mobile or any third party. Except for a limited license to use

the Services or wireless devices arising from the sale of a product, your purchase of

Ideal Mobile wireless devices and Services does not grant you any license or right to

copy, modify, reverse engineer, download, redistribute, or resell the intellectual property

of Ideal Mobile or others related to the wireless devices and Services, which may be

used only with Ideal Mobile Service unless expressly authorized in writing by Ideal Mobile

Wireless. You agree that a violation of this section harms Ideal Mobile, which cannot be

fully redressed by money damages, and that Ideal Mobile shall be entitled to immediate

injunctive relief in addition to all other remedies available.

Digital Millennium Copyright Act (“DMCA”) Notice.

If you believe that material available through our Services or products infringes the

copyright of any third party, notify us by using the notice procedure under the DMCA and

at the address set forth in the “Notices” section above. After receiving notice, we may

remove or disable access to any infringing material as provided for in the DMCA.

General Provisions Regarding This Agreement.

If we waive any portion of this Agreement, the waiver will not be treated as a waiver by us

of any other provision of this Agreement, or of our right to enforce the provision we

previously waived for any later violation. Section headings in this Agreement are for

descriptive purposes only and will not be used in interpreting the legal effects of this

Agreement.

You may not transfer or assign all or any part of your rights and obligations under this

Agreement, or your Service, without our prior written approval, which may be withheld,

conditioned or delayed in our sole discretion. Ideal Mobile may transfer or assign its

rights and obligations under this Agreement in whole or in part without giving you notice

or obtaining consent from you, other than as may be required by law. Upon its transfer or

assignment of this Agreement, Ideal Mobile shall be released from all liability with

respect to this Agreement. This Agreement is not for the benefit of any third parties except

our subsidiaries and third parties who assist us in the provision of the Services and any

person or entity to whom we transfer or assign this Agreement. This Agreement shall be

interpreted under the laws of the state in which Service is primarily provided to you,

excluding such state’s conflicts of laws principles.

If the arbitration agreement’s class action waiver below is declared to be illegal or

unenforceable, the entire arbitration agreement shall be null and void. If any other part of

this Agreement is declared to be illegal or unenforceable, it shall be construed as nearly

as possible to reflect the intent of the parties and the rest of this Agreement shall remain

in full force and effect.

Arbitration Agreement; Dispute Resolution.

Any Dispute between you and us shall be resolved, upon the election of either you or us,

by binding arbitration. References in this provision to “Dispute” shall be given the

broadest possible meaning and shall include any dispute, claim, or controversy arising

from or relating to this Agreement or Services and/or Products provided under this

Agreement, including but not limited to: (1) all claims for relief and all theories of liability,

whether based in contract, tort, statute, regulation, ordinance, fraud, or misrepresentation;

(2) all disputes regarding the validity, enforceability or scope of this arbitration agreement

(with the exception of its class action waiver); (3) all disputes that arose before this

Agreement; (4) all disputes that arise after the termination of this Agreement; and (5) all

disputes that are the subject of a putative class action in which no class has been certified.

References in this provision to “us” include our parents, subsidiaries, affiliates,

predecessors, successors, and assigns and our and their directors, officers, employees

and agents. References in this provision to “you” include all beneficiaries of this

Agreement and all users of the Services provided under this Agreement. Notwithstanding

the foregoing, either party may bring an individual action in small claims court or bring

Disputes to the attention of federal, state, or local agencies, including, but not limited to,

the Federal Communications Commission.

If you do not wish to be bound by this arbitration agreement, you must notify us in writing

at the address set forth in the “Notices” section above within 30 days of initiating Service

or, if you never had the opportunity to opt out of arbitration, within 30 days of the date of

the change notice giving you that opportunity. Your written notification to us must include

your full name, Ideal Mobile account number and current address and must clearly

state that you do not wish to be bound by this arbitration agreement. Your decision to opt

out of this arbitration agreement will not adversely affect our relationship with or delivery

of Service to you. If you have previously notified us of your decision to opt out of this

arbitration agreement, you need not do so again.

Notwithstanding any provision in this Agreement to the contrary, if we change this

arbitration agreement, you may reject the change without terminating or adversely

affecting your Service by notifying us in writing at the address set forth in the “Notices”

section above within 30 days of the date of the change notice. If you do, you shall arbitrate

any Dispute in accordance with the terms of this arbitration agreement. If you do not, you

will be bound by the changes.

Because this Agreement and the Services provided under this Agreement concern

interstate commerce, this arbitration agreement shall be governed by the Federal

Arbitration Act (“FAA”).

The party initiating an arbitration may choose from the following independent, impartial

arbitration administrators:

American Arbitration Association 335 Madison Avenue, Floor 10 New York, NY 10017 1-

800-778-7879 www.adr.org JAMS 1920 Main Street, Suite 300 Irvine, CA 92614 1-800-352-

5267 www.jamsadr.com

Copies of their respective rules for consumer disputes and forms and instructions for

initiating an arbitration may be obtained by contacting them or visiting their websites.

Any arbitration shall be conducted pursuant to the arbitration administrator’s rules for

consumer disputes in effect when the arbitration is initiated except to the extent they are

inconsistent with this arbitration agreement. If the arbitration administrator will not

enforce this arbitration agreement as written, the parties shall agree on or mutually

petition a court of competent jurisdiction to appoint a substitute arbitration administrator

who will do so.

The arbitrator shall enforce contractual, statutory and other limitation periods and shall

honor claims of privilege recognized at law. Judgment upon any arbitration award may be

entered in any court having jurisdiction.

If we initiate the arbitration, we will notify you in writing at your then-current billing

address or (if your account is closed) the last address at which we contacted you. If you

initiate the arbitration, you must notify us in writing at the address set forth in the

“Notices” section above.

If your Dispute does not exceed $10,000, we will promptly reimburse your filing fee and

will pay the arbitrator’s other fees, costs and expenses. (If you cannot pay the filing fee,

you may request that we pay the filing fee directly.) If, however, the arbitrator finds that

your Dispute is frivolous or brought for an improper purpose, you shall reimburse the

filing fee to us and the payment of the arbitrator’s others fees, costs and expenses shall

be governed by the arbitration administrator’s rules.

You may hire an attorney to represent you in the arbitration proceeding and may recover

your attorneys’ fees and costs in arbitration to the same extent as you could in court if the

arbitration proceeding is decided in your favor. We may hire an attorney to represent us in

the arbitration proceeding but waive any right to recover our attorneys’ fees and costs if

the arbitration proceeding is decided in our favor.

Unless you and we agree otherwise in writing, any arbitration hearings will be held in the

county of your then-current billing address or (if your account is closed) the last address

at which we contacted you.

ARBITRATION INVOLVES A FAIR HEARING BEFORE A NEUTRAL ARBITRATOR RATHER

THAN A JUDGE OR JURY. IF THIS ARBITRATION AGREEMENT IS DECLARED TO BE

ILLEGAL, UNENFORCEABLE OR INAPPLICABLE, OR IF A CLAIM PROCEEDS IN COURT

RATHER THAN THROUGH ARBITRATION, YOU AND WE WAIVE, TO THE FULLEST

EXTENT ALLOWED BY LAW, ANY RIGHT TO A JURY TRIAL. NO CLASS ACTIONS,

CONSOLIDATED ACTIONS, REPRESENTATIVE ACTIONS, OR JOINDER OR

CONSOLIDATION OF ANY DISPUTE WITH A DISPUTE OF ANY OTHER PERSON OR

ENTITY, SHALL BE ALLOWED IN ARBITRATION. ALL PARTIES TO THE ARBITRATION

PROCEEDING MUST ARBITRATE IN THEIR INDIVIDUAL CAPACITY ONLY AND MUST BE

INDIVIDUALLY NAMED. THE ARBITRATOR MAY AWARD DECLARATORY OR INJUNCTIVE

RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY NAMED IN THE ARBITRATION

PROCEEDING AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF

WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM.

This arbitration agreement shall survive the termination of this Agreement or the Service

relationship.

Unless otherwise provided by applicable law, or otherwise in this Agreement, neither party

has the right to bring a Dispute or other legal action under this Agreement more than one

(1) year after the Dispute arose.

California Customers.

Our Utility number is U-3079-C. If you file a billing-related claim with the Consumer Affairs

Branch (“CAB”) of the California Public Utilities Commission you must, within 24 hours of

filing, inform us by writing to the Customer Service address set forth below. If we resolve

your dispute, you agree to withdraw your claim with the CAB.

BILLING FOR PREMIUM AND THIRD-PARTY SERVICES. Certain parties besides the

Company have the ability to place charges on your bill for premium services. You may

access these services and authorize the placement of charges on your bill through your

phone or online account.

The Company also provides customers, at no additional cost, with the ability to restrict the

placement of charges for premium and third-party services on your account. Contact

customer care or go to www.idealmobile.com for more information.