Metro by T-Mobile WEB Terms of Use

Revised: January 7, 2011

MetroWEB is a service ("MetroWEB Service") governed by the Metro by T-Mobile Terms and Conditions of Service ("Agreement") and as such, incorporates all provisions of the Agreement including, but not limited to and without limitation, the following provisions ("MetroWEB Terms of Use"): Scope of Service, Charges, Your Use of the Service, Billing and Payment, Termination, Disclaimer of Warranty, Limitation of Liability, and Arbitration; Dispute Resolution.

By using the MetroWEB Service, you acknowledge and agree that you have read the terms of the Agreement and the MetroWEB Terms of Use and that you agree to be bound by the terms and conditions of use therein.

Our MetroWEB Service and your wireless device may allow you to visit or access the Internet, content, applications, information, text, pictures, video, games, graphics, music, email, services, third party sites that Metro by T-Mobile doesn't own or operate, sound and other materials ("Data Content") or send Data Content elsewhere that Metro by T-Mobile does not own or control. Some Data Content is available from us or our vendors, while other Data Content can be accessed from others (third party websites, games, ringers, etc.). We make absolutely no guarantees about the Data Content you access on your Device. Data Content may be: (1) unsuitable for children/minors; (2) unreliable or inaccurate; or (3) offensive, indecent or objectionable. You are solely responsible for evaluating the Data Content accessed by you or anyone on your account. We strongly recommend you monitor data usage by children/minors. Data Content from third parties may also harm your Device or its software. To protect our network, our MetroWEB Service, or for other reasons, we reserve the right to and may place restrictions on accessing certain Data Content (such as certain websites, applications, etc.), impose separate charges, restrict throughput or the amount of data you can transfer, or otherwise suspend, restrict or terminate MetroWEB Service. If we provide you storage for Data Content you have purchased, we may delete the Data Content with notice or place restrictions on the use of storage areas. You may not be able to make or receive voice calls while using MetroWEB Service. Data Content provided by our vendors or third parties is subject to cancellation or termination at any time without notice to you and you may not receive a refund for any unused portion of the Data Content.

You acknowledge and agree that the Internet contains Data Content which, without alteration, will or may not be available, or may not be providable to you in a way to allow a meaningful experience, on a wireless handset. In connection with the provision of the MetroWEB Service, you authorize Metro by T-Mobile to alter for you such Data Content and to restrict or deny access to certain sites or Internet addresses for any reason. You acknowledge and agree and authorize Metro by T-Mobile to alter for you, as your agent, such Data Content and to restrict or deny access to certain sites or Internet addresses for any reason. You acknowledge and agree that such alteration that Metro by T-Mobile may or will perform on your behalf as your agent may include our use of Data Content traffic management or shaping techniques such as, but not limited to delaying or controlling the speeds at which Data Content is delivered, reformatting the Data Content, compressing the Data Content, prioritizing traffic on Metro by T-Mobile' network, and placing restrictions on the amount of Data Content made available based on the Agreement. You further acknowledge that Metro by T-Mobile may not be able to alter such Data Content for you merely by reference to the Internet address and therefore acknowledge and agree that Metro by T-Mobile may examine, including, but not limited to Shallow (or Stateful) Packet Inspection and Deep Packet Inspection, the Data Content requested by you while using the MetroWEB Service to determine how best to alter such Data Content prior to providing it to you.

MetroWEB Service is intended for use on your device and not on any other equipment. You acknowledge and agree that the web and data Rate Plans provided by Metro by T-Mobile are designed to be, and shall only be used, predominately for HTML/WAP browsing, email, intranet access to corporate intranets, individual productivity applications and multimedia streaming services provided by Metro by T-Mobile, its affiliates, authorized suppliers and licensors, and not for off portal multimedia streaming services. Except as may otherwise be specifically permitted or prohibited for select Rate Plans, data sessions may be conducted only for the following purposes: (i) Internet browsing; (ii) email; and (iii) some intranet access (including access to corporate intranets, email, and individual productivity applications like customer relationship management, sales force, and field service automation). This means, by way of example only, that checking email, surfing the Internet, downloading legally acquired songs, and/or visiting corporate intranets is permitted, but downloading movies using peer-to-peer ("P2P") file sharing services, redirecting television signals for viewing on Personal Computers, web broadcasting, and/or for the operation of servers, telemetry devices and/or supervisory control and data acquisition devices is prohibited. While most common uses for Internet browsing, email and some intranet access are permitted by MetroWEB Service, there are certain uses that cause extreme network capacity issues and interference with our network and are therefore prohibited. Examples of prohibited uses include, without limitation, the following: (a) server devices or host computer applications, including continuous Web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections or P2P file-sharing applications that are broadcast to multiple servers or recipients, "bots" or similar routines that could disrupt net user groups or email use by others, other applications that denigrate network capacity or functionality, or other systems that drive continuous heavy traffic or data sessions; (b) as a substitute or backup for private lines, dedicated data connections, or frame relay connections; (c) "auto-responders," "cancel-bots," or similar automated or manual routines which generate excessive amounts of net traffic, or which disrupt net user groups or email use by others; (d) "spam" or unsolicited commercial or bulk email (or activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email); (e) any activity that adversely affects the ability of other users or systems to use either Metro by T-Mobile' services or the network-based resources of others, including the generation or dissemination of viruses, malware or "denial of service" attacks; (f) accessing, or attempting to access without authority, the information, accounts or devices of others, or to penetrate, or attempt to penetrate, our or another entity's network or systems; (g) running software or other devices that maintain continuously active Internet connections when a computer's connection would otherwise be idle, or "keep alive" functions; or (h) for any other unintended use as we determine in our sole discretion. For example, you cannot use our MetroWEB Service for Web broadcasting, or for the operation of servers, telemetry devices and/or supervisory control and data acquisition devices Furthermore, MetroWEB Service cannot be used for any applications that tether the device (through use of, including without limitation, connection kits, other phone/smartphone to computer accessories, BLUETOOTH® or any other wireless technology) to Personal Computers (including without limitation, laptops), or other equipment for any purpose. Accordingly, we reserve the right to (i) deny, disconnect, modify, suspend and/or terminate MetroWEB Service, without notice, to anyone it believes is using the MetroWEB Service in any manner prohibited or whose usage adversely impacts its wireless network or service levels or hinders access to our wireless network, including without limitation, after a significant period of inactivity or after sessions of excessive usage and (ii) otherwise protect its wireless network from harm, compromised capacity or degradation in performance, which may impact legitimate data flows. You may not send solicitations to Metro by T-Mobile wireless subscribers without their consent. You may not use the MetroWEB Service other than as intended by Metro by T-Mobile and applicable law. Data plans are for individual, non-commercial use only and are not for resale. Metro by T-Mobile may, but is not required to, monitor your compliance, or the compliance of other subscribers, with Metro by T-Mobile' terms, conditions, or policies.

If you use your device to access company email or information, it is your responsibility to ensure your use complies with your company's internal IT and security procedures.

MetroWEB Service is not intended for use by children. In the event that you, as a legal guardian allow your child to use the MetroWEB Service, you acknowledge that your child has the permission to access MetroWEB Service, including without limitation email and web browsing capabilities. You further acknowledge that as a legal guardian, it is your responsibility to determine whether use of the MetroWEB Service is appropriate for your child.

If you browse with MetroWEB Service, you agree that you are of the legal age to visit certain sites. Furthermore, you agree not to visit any illegal sites.

You may encounter advertisements from other entities ("Third Party Ads") while you are using MetroWEB Service, browsing the Internet, or using an application on your device. Metro by T-Mobile is not responsible for any Third Party Ads, or for any website or content that you may access by clicking on or following a link contained in a Third Party Ad.

If we notice excessive data traffic coming from your phone, we reserve the right to suspend, reduce the speed of, or terminate your MetroWEB Service. In addition, to provide a good experience for the majority of our customers and minimize capacity issues and degradation in network performance, we may take measures including temporarily reducing data throughput for a subset of customers who use a disproportionate amount of bandwidth; if your web and data Service Plan usage is predominantly off-portal or otherwise not provided by Metro by T-Mobile during a billing cycle, we may reduce your data speed, without notice, for the remainder of that billing cycle. We may also suspend, terminate, or restrict your data session, or MetroWEB Service if you use MetroWEB Service in a manner that interferes with other customers' service, our ability to allocate network capacity among customers, or that otherwise may degrade service quality for other customers.

Availability and reliability of MetroWEB Service is subject to transmission limitations, and your actual device speed may vary from time to time. We do not guarantee that all websites will be available with MetroWEB Service.

While data is being transferred in a MetroWEB Service session, calls to your phone will be "busy" or directed to voice mail (if applicable). After you initiate a data session, you may be disconnected and lose your data session at any time.

IN ADDITION TO THE DISCLAIMERS SET FORTH IN THE AGREEMENT, YOU ACKNOWLEDGE THAT THE USE OF THE METROWEB SERVICE IS AT YOUR SOLE RISK. THE METROWEB SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. Metro by T-Mobile MAKES NO WARRANTY THAT THE METROWEB SERVICE WILL (i) MEET YOUR REQUIREMENTS, (ii) ALLOW ACCESS TO ALL THIRD PARTY SITES, (iii) BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. NO ADVICE OR INFORMATION OBTAINED FROM ANY OTHER SOURCE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT OR THE METROWEB TERMS OF USE, OR (iv) BE ANY PARTICULAR SPEED OR ALLOW ANY PARTICULAR APPLICATION OR SERVICE.

You are responsible for all activities undertaken by you using the MetroWEB Service, including without limitation, the use of email. You shall not use, nor permit others to use, the MetroWEB Service in a manner or for a purpose contrary to this Agreement.

You acknowledge and agree that MetroWEB Service and any necessary software used in connection with MetroWEB Service is the proprietary and confidential information of Metro by T-Mobile and are protected by applicable intellectual property and other laws including without limitation, patents, designs, trademarks, copyrights, or trade secrets. Metro by T-Mobile grants you a personal, revocable, non-transferable and non-exclusive license to use the MetroWEB Service, solely in accordance with the terms of this Agreement. You are strictly prohibited from copying, modifying, creating derivative works, reverse engineering, reverse assembling or otherwise attempting to discover the source code of any proprietary software provided to you in conjunction with the MetroWEB Service. All rights not expressly granted herein are reserved by Metro by T-Mobile.

YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR OUR FAILURE TO PROVIDE YOU WITH SERVICE OR Metro by T-Mobile' FAILURE TO PERFORM HEREUNDER SHALL BE YOUR RIGHT TO HAVE Metro by T-Mobile RE-PERFORM SUCH SERVICE.

YOU AGREE TO HOLD Metro by T-Mobile 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 METROWEB SERVICE.

You agree that while using MetroWEB Service, you will not violate any applicable law, regulation, code or rule, or post or transmit any commercial, advertising or promotional materials, including, without limitation, spam or mass distributions.

You acknowledge that MetroWEB Service and/or information contained in email messages or other transmissions of data may be intercepted by individuals using certain equipment without your or our permission. We are not responsible for messages or pages lost or misdirected due to interruptions or fluctuations in the services or the Internet in general. We are not responsible for the content of messages or any data sent using the MetroWEB Service.

We cannot guarantee your confidential use of MetroWEB Service. We shall not be responsible for any harm that you or any person may suffer as a result of a breach of confidentiality with respect to your use of MetroWEB Service.

In the event you are not satisfied with MetroWEB Service, you have the right to terminate the MetroWEB Service at any time. This is your sole and exclusive remedy under this Agreement.

Should you be unwilling to accept these MetroWEB Terms of Use, you should not use the MetroWEB Service and you immediately should cancel the MetroWEB Service by notifying us by phone, in person at a Metro by T-Mobile payment center which is authorized to process such cancellations, or in writing to Metro by T-Mobile, P.O. Box 601119, Dallas, Texas 75260-1119 that you wish to cancel the MetroWEB Service.