Your ACS Prepaid Customer Agreement
In this agreement, use of the words “we,” “us” or “our” (and words of similar import) refers to ACS Wireless, Inc.  We are your wireless service provider under this agreement.  Please carefully read this agreement, including the prepaid calling plan or plans you've chosen.  Also be sure to save this agreement for your records.  By accepting this agreement, you are bound by its conditions.  It covers important topics such as our rights to change the conditions of this agreement and your wireless service, limitations of liability, privacy, and settlement of disputes by arbitration instead of in court.  If you accept this agreement, it will apply to all your prepaid wireless service from us, including all your existing prepaid calling plans.

Your Prepaid Calling Plans
YOUR PREPAID CALLING PLANS ARE A PART OF THIS AGREEMENT.  Calling plans describe the prices you pay.  To the extent any condition in your calling plan expressly conflicts with this agreement, the condition in your calling plan will govern.  If at any time you change your service, you'll be subject to any requirements we set for that change.

Your Rights To Refuse Or Cancel This Agreement
THIS AGREEMENT STARTS WHEN YOU ACCEPT.  IF YOU DON'T WANT TO ACCEPT, DON'T DO ANY OF THESE THINGS.   NO REFUNDS WILL BE GRANTED AFTER YOU HAVE ACCEPTED THIS AGREEMENT.  You accept when you do any of the following:

• Give us a written or electronic signature;
• Tell us orally or electronically that you accept;
• Initialize your account (If you activate service by using a card, then you initialize your account when you scratch the coating on the PIN on the back of the card. If you activate service without using a card, then you initialize your account when you make a call.);
• Open a package that says you are accepting by opening it; or
• Use your service after making any change or addition when we've told you that the change or addition requires acceptance.

Paragraphs marked "***" continue to apply even after this agreement ends.

Your Rights To Change Or End Your Service; Phone Number Portability
***You're not agreeing to maintain service with us for any minimum term. Instead, you can cancel service at any time.  However, if you cancel, you will not be entitled to any refund of any amounts that you have prepaid for unused service.  (If you buy your wireless phone from an agent or third-party vendor, you should check to see if they charge a separate termination fee.)  You may be able to take, or "port," your current wireless phone number to another service provider.  If you request your new service provider to port a number from us, and we receive your request from that new service provider, we'll treat it as notice from you to terminate our service for that number upon successful completion of porting.  After the porting is completed, you won't be able to use our service for that number even if you have a balance on your account, and you won't be entitled to a refund of that balance. If you're porting a phone number to us from another company, we may not be able to provide you some services, such as 911 location services, immediately.***

Our Rights To Make Changes
Your service is subject to our business policies, practices, and procedures, which we can change without notice.  UNLESS OTHERWISE PROHIBITED BY LAW, WE CAN ALSO CHANGE PRICES AND ANY OTHER CONDITIONS IN THIS AGREEMENT AT ANY TIME BY PROVIDING NOTICE PRIOR TO THE TIME THE CHANGES GO INTO EFFECT. IF YOU CHOOSE TO USE YOUR SERVICE AFTER THAT POINT, YOU'RE ACCEPTING THE CHANGES. IF THE CHANGES HAVE A MATERIAL ADVERSE EFFECT ON YOU, HOWEVER, YOU MAY TERMINATE THIS AGREEMENT.

Your Wireless Phone
Your wireless phone is any device you use to receive our wireless voice or data service.  It must comply with Federal Communications Commission regulations and be compatible with our network and your calling plan.  At times we may change your wireless phone's software or programming remotely and without notice.  This could affect data you've stored on, or the way you've programmed, your wireless phone.  Your wireless phone may also contain software that prevents it from being used with any other company's wireless service within the first six (6) months from the date of purchase of the wireless phone, even if it's no longer used to receive our service.

Your Wireless Phone Number And Caller ID
You don't have any rights in any personal identification number, email address, or identifier we assign you.  (We'll tell you if we decide to change or reassign them.)  The same is true of your wireless phone number, except for any right you may have to port it.  Your wireless phone number and name may show up when you call someone.  In some cases, you can block this "Caller ID" where such a feature is available.

How Service Works
Wireless phones use radio transmissions, so we can't provide service when your wireless phone isn't in range of one of our transmission sites, or a transmission site of another company that's agreed to carry our customers' calls, or if there isn't sufficient network capacity available at that moment. There are places, particularly in remote areas, with no service at all. Weather, topography, buildings, your wireless phone, and other conditions we don't control may also cause dropped calls or other problems.

Charges and Fees We Set
***You agree to pay all access, usage, and other charges and fees associated with the use of your wireless phone, even if you weren't the user of your wireless phone and didn't authorize its use. You may have to pay fees to begin service or reconnect suspended service. Usage charges may vary depending on where, when, and how you call. We provide or select the long distance service for calls on our network. We charge airtime for most calls, including toll-free and operator-assisted calls. Additional features and services such as operator or directory assistance, call dialing, calling card use, data calls, voice mail, text messaging, and wireless Internet access, may have additional charges. Features such as call waiting or 3-way calling involve multiple calls and multiple charges.***

Roaming And Roaming Charges
You're "roaming" whenever you make or receive a call using a transmission site outside your home rate area, or using another company's transmission site. Your wireless phone may sometimes connect to and roam on another company's network even when you're within your home rate area. There may be extra charges (including charges for long distance, tolls, or calls that don't connect) and higher rates for roaming calls, depending on your calling plan.

Our Rights To Limit Or End Service Or This Agreement
You agree not to resell our service to someone else without our prior written permission.  You also agree your wireless phone won't be used for any other purpose that isn't allowed by this agreement or that's illegal.  WE CAN, WITHOUT NOTICE, LIMIT, SUSPEND, OR END YOUR SERVICE OR ANY AGREEMENT WITH YOU FOR THIS OR ANY OTHER GOOD CAUSE, including, but not limited to: (a) harassing our employees or agents; (b) lying to us; (c) interfering with our operations; (d) breaching this agreement; (e) "spamming," or other abusive messaging or calling; (f) modifying your wireless phone from its manufacturer's specifications; (g) using your service in a way that adversely affects our network or other customers; or (h) allowing anyone to tamper with your wireless phone number. We can also temporarily limit your service for any operational or governmental reason.

Directory Information
We don't publish directories of our customers' phone numbers. We don't provide them to third parties for listing in directories, either.

Your Privacy
***We have a duty under federal law to protect the confidentiality of information about the quantity, technical configuration, type, destination, and amount of your use of our service.  (This doesn't include your name, address, and wireless phone number.)  Except as provided in this agreement, we won't intentionally share personal information about you without your permission.  We may use and share information about you: (a) so we can provide our goods or services; (b) so others can provide goods or services to us, or to you on our behalf; (c) so we or our affiliates can communicate with you about goods or services related to the ones you already receive (although you can call us any time if you don't want us to do this); (d) to protect ourselves; or (e) as required by law, legal process, or exigent circumstances. It's illegal for unauthorized people to intercept your calls, but such interceptions can occur. For training or quality assurance, we may also monitor or record our calls with you.***

Disclaimer Of Warranties
***WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING YOUR SERVICE OR YOUR WIRELESS PHONE. WE CAN'T PROMISE UNINTERRUPTED OR ERROR-FREE SERVICE AND DON'T AUTHORIZE ANYONE TO MAKE ANY WARRANTIES ON OUR BEHALF. THIS DOESN'T DEPRIVE YOU OF ANY WARRANTY RIGHTS YOU MAY HAVE AGAINST ANYONE ELSE.***

Waivers And Limitations Of Liability
***UNLESS THE LAW FORBIDS IT IN ANY PARTICULAR CASE, WE EACH AGREE TO LIMIT CLAIMS FOR DAMAGES OR OTHER MONETARY RELIEF AGAINST EACH OTHER TO DIRECT DAMAGES. THIS LIMITATION AND WAIVER WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, PRODUCTS LIABILITY, OR ANY OTHER THEORY. THIS MEANS THAT NEITHER OF US WILL SEEK ANY INDIRECT, SPECIAL, CONSEQUENTIAL, TREBLE, OR PUNITIVE DAMAGES FROM THE OTHER.  You agree we aren't liable for problems caused by you or a third party; by buildings, hills, network congestion, tunnels, weather, or other things we don't control; or by any act of God.  You also agree we aren't liable for missed voice mails, or deletions of voice mails from your voice mailbox (if you have one), even if you've saved them. If another wireless carrier is involved in any problem (for example, while you roam), you also agree to any limitations of liability in its favor that it imposes.***

Dispute Resolution And Mandatory Arbitration
***WE EACH AGREE TO SETTLE DISPUTES (EXCEPT SMALL CLAIMS) ONLY BY ARBITRATION. THERE'S NO JUDGE OR JURY IN ARBITRATION, AND REVIEW IS LIMITED, BUT AN ARBITRATOR CAN AWARD THE SAME DAMAGES AND RELIEF, AND MUST HONOR THE SAME LIMITATIONS IN THIS AGREEMENT, AS A COURT WOULD.  IF AN APPLICABLE STATUTE PROVIDES FOR AN AWARD OF ATTORNEY'S FEES, AN ARBITRATOR CAN AWARD THEM, TOO.  WE ALSO EACH AGREE, TO THE FULLEST EXTENT PERMITTED BY LAW, THAT ANY ARBITRATION AWARD MADE AFTER COMPLETION OF AN ARBITRATION IS FINAL AND BINDING AND MAY BE CONFIRMED IN ANY COURT OF COMPETENT JURISDICTION.  AN AWARD AND ANY JUDGMENT CONFIRMING IT ONLY APPLIES TO THE ARBITRATION IN WHICH IT WAS AWARDED AND CAN'T BE USED IN ANY OTHER CASE EXCEPT TO ENFORCE THE AWARD ITSELF.  ARBITRATION SHALL TAKE PLACE IN ANCHORAGE, AK.  IF FOR SOME REASON THESE ARBITRATION REQUIREMENTS DON'T APPLY, OR A CLAIM PROCEEDS IN SMALL CLAIMS COURT, WE EACH WAIVE ANY TRIAL BY JURY.***

About You
***You represent that you're at least 18 years old and have the legal capacity to accept this agreement. If you're ordering for a company, you're representing that you're authorized to bind it, and where the context requires, "you" means the company.***

About This Agreement
***A waiver of any part of this agreement in one instance isn't a waiver of any other part or any other instance.  You can't assign this agreement or any of your rights or duties under it.  We may assign all or part of this agreement.  NOTICES ARE CONSIDERED DELIVERED WHEN WE SEND THEM BY EMAIL OR FAX TO ANY EMAIL OR FAX NUMBER YOU'VE PROVIDED TO US, OR 3 DAYS AFTER MAILING TO THE MOST CURRENT ADDRESS WE HAVE ON FILE FOR YOU, IF BY US.  If any part of this agreement, including any part of its arbitration provisions, is held invalid, that part may be severed from this agreement.  This agreement and the documents to which it refers form the entire agreement between us on their subjects.  You can't rely on any other documents or statements on those subjects by any sales or service representatives, and you have no other rights with respect to service or this agreement, except as specifically provided by law.  This agreement isn't for the benefit of any third party except our parents, affiliates, subsidiaries, agents, and predecessors and successors in interest. Except to the extent we've agreed otherwise in the provision on arbitration, this agreement and disputes covered by it are governed by the laws of the state Alaska, without regard to the conflicts of laws rules of Alaska.