XTREME MOBILE LLC TERMS AND CONDITIONS FOR COMMUNICATIONS
SERVICES AND USE OF XTREMEMOBILE.COM

About These Terms and Conditions
BY ACCESSING XTREMEMOBILE.COM YOU ARE AGREEING TO THESE TERMS AND CONDITIONS AS THEY RELATE TO XTREMEMOBILE.COM, AND BY USING ANY XTREME MOBILE COMMUNICATIONS SERVICES OR EQUIPMENT, YOU ARE AGREEING TO THESE TERMS AND CONDITIONS WITH RESPECT TO COMMUNICATIONS SERVICES AND OTHER SERVICES PROVIDED THROUGH XTERME MOBILE LLC. By ordering any product or service from or through xtrememobile.com, you agree that providing a unique email address and postal address on the online order form or via email will be used in lieu of your written signature and will be considered to be legally binding as if your signature was placed on the order and/or credit card transaction receipt. We may change these Terms and Conditions, at anytime, including any change, or the imposition of a new charge at any time if we give you notice of the change. A change in Terms and Conditions will be posted in the Xtreme Mobile website.

Termination By You
You may terminate your Service with us at anytime for any reason. However, in the event you terminate your Service you will forfeit any/all amounts of such prepayment paid in advance and not used at the time of termination. You may not be able to re-use your equipment and we are under no obligation to refund any money to you, including any refund for pre-purchased Service.

Termination By Xtreme Mobile
We, or the underlying wireless carrier, may limit, interrupt or terminate a Service without refund of any amounts to you: (1) if you do not honor any provision of these Terms and Conditions (including payment obligations), (2) if you use a Service in a manner that adversely affects Service to other customers, (3) if you or others use a Service to engage in fraud or unlawful conduct or are suspected of doing so, (4) if your Service is used in a manner that is excessive or unreasonable with respect to volume or length of calls when compared to the predominant volume or length of call of other customers on a similar rate plan or in your geographic area, or (5) your account balance remains at $0 for a period of five days or more. In addition, we may terminate or suspend your Service at any time in our discretion, and, unless such termination or suspension is as a result of the preceding sentence, we will refund to you on a pro-rata basis any prepaid and unused charges. We or the underlying carrier, as the case may be, may restore such interrupted or terminated Service, in our or its sole discretion, following correction of the violation and payment of any amounts due, including any restoration charge assessed for restoring your Service. You may not resell any Service.

Charges for Services and Equipment
You are able to use the Services by pre-purchasing Service through your credit card, or through other mechanisms we may make available to you. Charges for Service that you use, including, without limitation, wireless airtime, long-distance and roaming are deducted from the balance of your pre-purchased Service at the rates for each Service identified in the invoices provided to you. Your credit card you have placed on file with us will be automatically billed for charges for any additional services you have agreed to time of sale. You will be able to access Service until your Service is terminated or the balance of your pre-purchased Service is depleted. Amounts deposited into your account are not transferable or refundable. In the event that you do not have funds available for recharge, use of your pre-purchased Service will expire and you will not be able to use it. If the balance of your pre-purchased Service equals zero, you will not be able to use our Service until you purchase additional pre-purchased Service. If the balance of your pre-purchased Service remains zero for in excess of five days, your Service may be terminated and you will have to activate a new service account, which may result in a loss of your existing mobile phone number. The charges that we may deduct from your pre-purchased Service include access charges, airtime, features, roaming, toll, long distance, and directory assistance, any taxes, surcharges, fees, and assessments imposed by us or a governmental authority from time to time in connection with the Services and the Equipment.

Mobile Telephone Services
Airtime usage on each call is deducted from your pre-purchased Service in full minute increments, with a minimum charge of one minute per call. Partial minutes of use are rounded up to the next full minute. The length of a call will be measured from when you initiate it (typically, when you press the "Send" key) until you terminate it (typically, when you press the "End" key). In addition to airtime charges, you may incur additional charges for roaming or long distance calls. Rates and charges while roaming outside of your local PCS service area may be different than your PCS service area rates. We reserve the right to select the carrier you will use while roaming. Rates during peak hours may be higher than rates during off-peak hours. Use of custom calling features (such as voicemail or three-way calling) will be billed like any other call. To be eligible for Service, we may require you to reside in the PCS Service area and to use most of your Service on a network preferred by Xtreme Mobile.

International calling is provided to customers who choose to add international calling credit to their accounts. Calls made to international destinations during peak hours will utilize one minute of mobile peak airtime capacity for each minute (or portion thereof) during the length of call, plus the international calling credit will be debited based upon the then-prevailing calling rates in effect, based upon six second billing intervals. Off-peak international calls made on nights and weekends will not affect peak airtime capacity, but will debit the international calling credit.

Directory assistance calls will be charged against a customer’s surplus account at a rate of $1.95 per minute. The surplus account will initially be established at $10.00, and will be refilled in $5.00 increments upon the account diminishing below $5.00. Any excess charges will be charged against the customer’s pending method of payment.

Billing Information Provided By You
To determine whether certain taxes, fees and surcharges are applicable to Service provided to you, we are required by federal law to obtain your street address, which must be within our service area. You represent and warrant that the address you provide us to obtain Service is correct, and you acknowledge that we are relying on this information to determine which taxes, fees or surcharges are applicable to your Service. You agree to notify us if your address changes. In the event you do not provide us with a valid address or address change; you understand and agree that you may be responsible for additional taxes, fees or surcharges for your Service.

Phone Numbers, Etc
We assign telephone numbers, e-mail addresses and other personal identifiers in connection with the Services. Unless we provide you advance notice, you have no proprietary right to any such identifiers, and we reserve the right to change them upon notice to you. You don't have any property right in your phone number. It may be changed or reassigned. In the event that you become entitled to transfer a personal identifier to another party to obtain any Services we provide you, we reserve the right, prior to honoring the request for transfer, to charge a fee for the transfer and to collect any money owed by you for Services and Equipment. Xtreme Mobile LLC does not guaranty, and makes no warranties with respect to, your ability to port your phone number to our service and shall not be held liable for any failure or inability of another service provider to port your phone number.

Services Provided by Third Parties
The Services will be provided by our third party vendors or contractors. Xtreme Mobile LLC is not a communications carrier, but rather a marketing agent for the underlying wireless carrier. We reserve the right to change or modify the source of any Services provided to you without notice.

Privacy and Customer Proprietary Network Information
You authorize us to monitor and record communications to us regarding your account or the Services for purposes of quality assurance. We will not give you notice of any subpoenas or court orders related to your account or use of Services unless required by law. Information in our billing and customer care systems concerning your account and your use of Services belongs to us, and you have no expectation of privacy with respect to such information. You agree that we may release information we have about you when required to do so by law, to provide to third parties solely for the purpose of assisting us in providing any Service to you, or if we reasonably believe that an emergency involving immediate harm to a person or property requires disclosure. We may analyze your account and usage information and share this information with other Xtreme Mobile entities to communicate with you regarding Equipment or Services that may become available to you. If you do not want us to provide your information to other Xtreme Mobile entities for this purpose, please notify us.

Theft and Fraud
If your Service or Equipment is lost or stolen or fraudulently used, then you are responsible for all usage incurred before we receive notice from you of such loss or theft. You agree to cooperate in the investigation of fraud or theft and to provide us with such information and documentation as we may request (including affidavits and police reports).

LIMITATION OF LIABILITY
OUR LIABILITY REGARDING YOUR USE OF THE SERVICES OR EQUIPMENT, OR THE FAILURE OF OR INABILITY TO USE THE SERVICES OR EQUIPMENT, IS LIMITED TO THE CHARGES YOU INCUR FOR SERVICES OR EQUIPMENT DURING THE AFFECTED PERIOD. WE ARE NOT LIABLE FOR ANY INCIDENTIAL, SPECIAL OR CONSEQUENTIAL DAMAGES (SUCH AS LOST PROFITS OR LOST BUSINESS OPPORTUNITIES), PUNITIVE OR EXEMPLARY DAMAGES, OR ATTORNEYS" FEES.

DISCLAIMER OF WARRANTIES
WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICES OR EQUIPMENT YOU RECEIVE FROM US, AND DISCLAIM ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE ARE NOT RESPONSIBLE FOR CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING WITHOUT LIMITATION ACTS OR OMISSIONS OF OTHERS, ATMOSPHERIC CONDITIONS, OR ACTS OF GOD. NEITHER WE NOR THE UNDERLYING CARRIER PROMISE UNINTERRUPTED OR ERROR FREE SERVICE. WE DO NOT MANUFACTURE ANY EQUIPMENT OR SOFTWARE THAT YOU MAY USE IN CONNECTION WITH YOUR SERVICE, AND YOUR ONLY WARRANTIES AND REPRESENTATIONS WITH RESPECT TO EQUIPMENT OR SOFTWARE ARE THOSE PROVIDED BY THE MANUFACTURER (WITH RESPECT TO WHICH WE HAVE NO LIABILITY WHATSOEVER).

Payment Authorization
You hereby authorize Xtreme Mobile, to automatically charge your credit card on file for the total balance due on your statement for each purchase made via xtrememobile.com. Further, you are accepting the presentation of your bill on the Xtreme Mobile web site. This authorization applies to all future bills and automatic credit card charges.

Definitions
"You," "your," and "Customer" mean the person, or entity that subscribes to Communication Services or purchases or leases Equipment subject to this agreement. This "agreement" includes these Terms and Conditions and any other collateral included with the Equipment you purchase or lease. "We," "our," "us," and "Xtreme Mobile" refer to Xtreme Mobile LLC, and its affiliates, as well as any other person or entity doing business as Xtreme Mobile or providing Communication Services or Equipment to you. Communication Service(s)" or "Service(s)" refer to any services you have asked us to provide to you, or make available to you from the wireless carrier, through this agreement, and include any service that you pay for by payment to or through Xtreme Mobile, such as wireless, long distance, or internet access. "Equipment" means any communications equipment or accessories you purchase or lease from us. "Terms and Conditions" include the following provisions and the provisions of the collateral that we have provided you that set forth the manner in which we provide Equipment and make available Service to you.

Applicable Law
Your agreement and Xtreme Mobile's provision of Services to you are subject to the laws of the State of New York and any applicable federal laws. In the event of an inconsistency between any governmental requirement and this agreement regarding the provision of a Service that is subject to the governmental requirement, the provisions of the governmental requirement will apply to the extent necessary to avoid the inconsistency.

Assignment
We may assign this agreement to another entity without any advance consent from or notice to you. You may not assign this agreement without our consent.

No Waiver; Severability
If we do not enforce any right or remedy available under this agreement, that failure is not a waiver. If any part of this agreement is held invalid or unenforceable, the remainder of this agreement will remain in force.

Third Parties
This agreement is for the benefit of you and us only, and not any third party.

Arbitration
Any dispute arising out of this agreement or relating to the Services and Equipment must be settled by arbitration administered by the American Arbitration Association in New York, New York, using the Wireless Industry It is understood that any claim relating to airtime services must be commenced against the underlying wireless carrier, which is responsible for providing such service.Arbitration Rules. Information regarding this procedure may be found at www.adr.org. Each party will bear the cost of preparing and prosecuting its case. We will reimburse you for any filing or hearing fees to the extent they exceed what your court costs would have been if your claim had been resolved in a state court having jurisdiction. The arbitrator has no power or authority to alter or modify this agreement or any Terms and Conditions, including the foregoing Limitation of Liability section. All claims must be arbitrated individually, and there will be no consolidation or class treatment of any claims. This provision is subject to the Federal Arbitration Act.

Trademarks And Copyright Provisions
All information and material contained in xtrememobile.com are subject to copyright and/or trademark protection laws. You may not distribute the media in any form, in whole or in part, without the prior written permission from Xtreme Mobile. You are also not permitted to link or "mirror" any part of xtrememobile.com without the prior written permission from Xtreme Mobile. Xtreme Mobile does not grant any copyright license, actual or implied, through the presentation of graphics, text or photographs within this home page. Nor does Xtreme Mobile intend to make available for any use, any copyrighted materials within this home page beyond those fair uses defined in law or equity under the Doctrine of Fair Use of copyrighted materials.

Disclaimers
Xtreme Mobile provides the information in xtrememobile.com as a public service to its customers and reserves the right to change the contents of the information without notice. Xtreme Mobile provides this information "as is" and is not liable for the accuracy, completeness and/or reliability of the contents of the information provided herein. Products and services contained on xtrememobile.com may require regulatory approval in some jurisdictions and the purchase, ownership and/or use of certain of such products or services may not be lawful in some jurisdictions. The presentation of information about such products and services and the availability of an order entry page within this Xtreme Mobile home page are not intended to constitute an offer for sale by Xtreme Mobile in any jurisdiction, nor are they intended to constitute a solicitation for offers to buy in any jurisdiction where the purchase, ownership and/or use of such a product or service has not received any required regulatory approval or where the purchase, ownership and/or use of such a product or service is unlawful. All offers to purchase are accepted by Xtreme Mobile in the jurisdiction in which Xtreme Mobile makes the product available for shipment from its dock. All sales transactions are consummated and title passes, at the point of shipment.

Entire agreement
This agreement, including its Terms and Conditions and your Service Order, is the entire agreement between you and us, which may only be amended as described above. This agreement supersedes any inconsistent or additional statements or promises made to you by any of our employees or agents.

Any disputes should be handled via the customer website www.Xtrememobile.com or via the customer service 800 number provided to you at time of sale. If you do not dispute any charge on your account prior to it being placed inactive or in 30 days whichever comes first you give up your right to dispute.