MetroPCS Terms and Conditions of Service (“Agreement”)

This Agreement governs the sale and delivery of wireless services ("Service" or "Services") to you by MetroPCS Wireless, Inc. and any of its subsidiaries ( "us", "we", "our" or "MetroPCS"). This Agreement is between you (the purchaser or user of the Services) and us. 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. This Agreement replaces and supersedes all previous versions of the Terms and Conditions of Services.

IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY. IF YOU ARE A NEW CUSTOMER, WHEN YOU INITIATE SERVICE BY ATTEMPTING TO PLACE A CALL ON METROPCS'S WIRELESS SYSTEM OR TO USE ANY OTHER SERVICE, YOU AGREE TO THIS AGREEMENT AND ALL APPLICABLE LAWS. BY USING METROPCS'S WIRELESS SYSTEM OR ANY OTHER SERVICE, 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 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.

Nature of Service. The Service are provided via service plans in which in certain circumstances you do not pay metered "per minute" charges for local voice service. In an effort to offer this service on a reliable basis at a reasonable cost, MetroPCS may discontinue providing service to you, to discontinue your account, or to discontinue providing connections to particular telephone numbers or types of services used or called by you, that, in the sole judgment of MetroPCS, appear likely to generate abnormally high call volumes or abnormally long average call lengths in comparison to those of other customers of MetroPCS as described below under “Terms of Service”, numbers or types of services or which may be harmful, disruptive, or interfere with MetroPCS's system or services to other customers. By initiating service and placing calls on the MetroPCS system, you acknowledge and agree to MetroPCS's ability to terminate you Service under these circumstances.

Scope of Service. Service is limited to the operating range and capacity of our 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. Except for 911 calls and any "roaming" service to which you have subscribed, you will not be able to use your wireless phone outside of your service area for any calls, including local calls and long distance calls. Service depends on over-the-air radio transmissions. Many factors beyond our control affect your ability to make and receive calls on your wireless phone and the quality of those calls including, but not limited to, your location, the conditions of the atmosphere, terrain, nearby buildings and other structures, network capacity issues, system outages or failure of equipment to operate as expected, a problem that occurs with service we purchase from someone else, system upgrades, performance of maintenance work, accidents or other events outside of our control. As a result, sometimes Service, including calls or attempted calls to emergency services like 911, may be interrupted or may fail, and the quality of calls may sometimes be poor. MetroPCS takes no responsibility for service interruptions or problems caused by factors beyond our control. Any statements by MetroPCS, its employees, representatives or agents about the coverage of our system are intended only to describe MetroPCS's 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. YOU AGREE TO HOLD METROPCS HARMLESS AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, OR OTHER CAUSES OF ACTION (INCLUDING ACTIONS BY THIRD PARTIES) ARISING OUT OF THE USE OR ATTEMPTED USE OF THE SERVICE.

Start of Service Form/Rate Plan/Coverage Brochure. When you initiate Service with MetroPCS, you should receive your 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 MetroPCS. Your Start of Service form identifies the rate plan you have chosen and sets forth the charges you have to pay for Service, including monthly access fees and any applicable surcharges or other fees. 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 execute a new rate plan with you 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. You will be notified of the effective date of any modification to your rate plan. 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.metropcs.com.

Charges. You are responsible for paying all charges for Service ("Service charges"), including the following: (1) recurring monthly access charges; (2) charges for optional Service features that you select, including long distance and directory assistance (411) calls and other optional features (such as ringtone downloads and @metro data services); (3) any Service reconnection charges that may apply, such as a $15 reactivation fee; and (4) all applicable taxes and regulatory charges. You are responsible for all charges to your account, whether or not you were the user of the wireless phone.

Metro-Connect. If you want to use optional MetroPCS services and/or features 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 Metro-Connect 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 long distance, directory assistance, and other optional features (such as ringtone downloads and @metro data services). The most up-to-date explanation of our available rate plans is available on our website. 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. Funds paid into your Metro•Connect account cannot be applied to monthly access, taxes, or fees. You may make advance payments into your Metro•Connect Account by dialing *99 on your MetroPCS phone and charging your purchases to your credit card. You may also make advance payments into your Metro•Connect account when you mail your monthly service payment to us, by paying in person at any MetroPCS payment center that is authorized to accept such payments, or by making a credit card payment online. You may make advance payments into your Metro•Connect account in increments established by us from time to time, up to any maximum account balance that we may establish. You can determine the balance in your Metro•Connect account by calling *99 from your wireless phone.

The balance in your Metro•Connect account is non-refundable. If you or MetroPCS terminate your MetroPCS monthly Service for any reason, any remaining balance in your Metro•Connect account will be forfeited and will not be refunded to you. As long as you continue to subscribe to the Service, any amounts you paid into your Metro•Connect 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.

We will automatically deduct the per-minute charges plus applicable taxes, surcharges and fees for your use of long distance services, features and the per-call charges plus applicable taxes for your use of directory assistance services from your long distance/directory assistance account balance. For purposes of determining the per-minute length of your long distance call, your call will be rounded up to the nearest minute. Charges for a completed call from your wireless phone will begin when you press the SEND key and will end when either party ends the call. You will not receive a long distance or directory assistance invoice and no call detail will appear on your monthly Service invoice from MetroPCS.

Changes to Agreement. We may change this Agreement, including your rate plan, at any time. You will be notified at least 25 days in advance of proposed changes that may result in higher rates or charges or more restrictive terms or conditions in this Agreement or your rate plan. Any such changes to this Agreement, including your rate plan, will be effective after that time period except as noted below. Changes to a tax will become effective as provided by the taxing authority and changes to contribution amounts for FUSF and other regulatory charges shall be effective immediately. 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 25 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.

Terms of 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 MetroPCS from any violation by you of the terms and conditions of this Agreement or of any applicable statutes, ordinances, laws or regulations of any local, state, or federal authority. MetroPCS may deny a request for Service from you for any lawful reason. MetroPCS also reserves the right to cease serving you if you are not acting in accordance with the terms of this Agreement, to disconnect calls that are not in accordance with the terms and conditions of this Agreement, and to cease providing service to telephone numbers or categories of services that are inconsistent with the terms and conditions of this Agreement and the nature of the Service.

MetroPCS reserves the right to manage our phone systems and the calls on our phone systems 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, or repeatedly place calls which result in abnormally long call lengths. Thus, we reserve the right to discontinue service to customers, or to discontinue or block service to certain telephone numbers or categories of services, or to terminate calls as described below, which our experience indicates result in disruptive usage patterns of this nature. For example, MetroPCS 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 (e.g. baby monitoring or other monitoring services), (iv) by persons seeking to establish an access point for intra-company PBX services, (v) by persons seeking to provide a commercial or private dispatch service, or (vi) by persons seeking to access multi-party Chat Line Services or to call telephone numbers that generate Chat Line Traffic. 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.

MetroPCS also reserves the right to block, or otherwise prevent access to, 9xx, 7xx, 5xx, and 8xx telephone numbers as well as other telephone numbers and services that MetroPCS determines, in its sole discretion, are inconsistent with the nature of Service provided by MetroPCS. In addition, if any call duration exceeds one hundred twenty minutes (120) minutes, MetroPCS may, in its sole discretion, terminate any such call.

In addition, the Service may be used only for 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 MetroPCS. You may not resell the Service. 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 MetroPCS's wireless system or other communications systems.

We may also suspend or terminate Service to you if we have reason to believe that the you are using our Service for any fraudulent, obscene, illegal, harassing, or abusive purpose For example, MetroPCS Service is not intended 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

Although it is illegal for unauthorized people to intercept wireless phone calls intended for others, MetroPCS cannot guarantee the complete privacy of your calls. METROPCS SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INTERCEPTION BY THIRD PARTIES OF COMMUNICATIONS FROM ITS SYSTEM.

Always use your telephone 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 phone while driving. It is your responsibility to comply with laws that apply to you when you are driving.

Off-net Usage. If your minutes of use or text messaging usage on other carrier networks ("off-net usage") are excessive or abnormally high, MetroPCS may, at its option, terminate your service, deny your continued use of other carriers' coverage, or change your rate plan. MetroPCS will provide you with advance notice that it intends to take any of the above actions

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 start 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. We may share information we gather about you as provided elsewhere in this Agreement and in our Privacy Policy which is available at www.metropcs.com or by writing to us at the address in the Notices section. We also may share your information with any person who may purchase our business.

Billing and Payment. Except for Metro-Connect features, Service charges are generally billed in advance and are due before the first day of your monthly service period. Monthly service periods are approximately 30 days long. The dates of your monthly 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 MetroPCS bill through a credit card; this authorizes us to charge all amounts you owe us to the credit card up to five (5) days prior to the due date and to demand immediate payment from the card issuer. 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 card. You must promptly notify us of any change in the credit card you want to use for payment. You may also make a payment by credit card online at www.metropcs.com or through the automated MetroPCS IVR. In addition, you may pay your MetroPCS bill by sending a check or money order by mail to P.O. Box 5119, Carol Stream, Illinois, 60197-5119, by bringing cash or a check or money order in-person to any MetroPCS store or authorized payment center. You may have 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 MetroPCS bill with cash, certified check, cashier's check or money order.

Billing Disputes. Your payment will be considered late if we do not receive it before the first day of the monthly 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 MetroPCS 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, MetroPCS, in its sole discretion, may reconnect your Service after you have paid any reconnection fees we have imposed. If we have to take action beyond billing you in order to collect payment, you will be required to pay our reasonable costs and expenses of collection, including attorney's fees, court costs, and the fees of any collection agency to the extent permitted by law. If MetroPCS bills and collects amounts for any third party service provider, we will allocate payments we receive from you first to amounts due to MetroPCS. We will then allocate any remaining payment to amounts due to such third party service providers. You have the right to dispute charges on your bill, but you must notify us of the dispute in writing within 90 days after the billing date or you waive the dispute.

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 or terminate your Service. MetroPCS is not required to provide you with any notification before suspending or terminating your Service. If you promptly pay amounts that are overdue or cure any other breach of this Agreement, MetroPCS, 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 under the "Notices" section.

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 METROPCS METRO CONNECT ACCOUNT, YOU WILL NOT BE ENTITLED TO RECEIVE ANY REFUND.

Numbers. We will assign a phone number (the "Number") to your wireless phone. You do not own the Number or any personal identification number ("PIN") that you may use in connection with your Service. We can change, reassign, or eliminate any Number or PIN by giving you notice. If your account is deactivated, we can reassign the Number without giving you any notice. You may not assign the Number or PIN to any wireless phone or other equipment except as approved by us, or to any other party. In order to port your telephone number from MetroPCS, you must have an active account with MetroPCS. You may be required to purchase a new wireless telephone and you may be without service for some period of time. MetroPCS may charge a fee to reimburse MetroPCS for the costs MetroPCS incurs to meet the equipment, technology and infrastructure requirements necessary to enable number porting. MetroPCS may also charge a fee to reimburse MetroPCS for the cost MetroPCS incurs to perform a port. As a standard service feature, MetroPCS transmits your telephone number and account name with each call you make from your MetroPCS phone. Your account name and number may be displayed on the telephone of the party called if that person uses caller identification. Your telephone 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 number. In addition, you may elect to have your name and number permanently blocked, at no charge, by sending a request in writing to: MetroPCS, P.O. Box 601119, Dallas, Texas, 75360-1119.