Legal Information

Inland Cellular and its employees are committed to providing a superior buying experience to every person we serve. For this reason we happily offer the following Customer Assurances:

Cellular Service: Within thirty days of activation if you are not completely satisfied with your cellular phone or cellular service we will discontinue your service with no early termination penalty if you return your phone (if applicable) in original condition with all packing and accessories. All we ask is that you pay for the charges on your account, including monthly access fees (prorated from the time of activation until disconnect), additional per minute, roaming, and long distance charges, activation fee, and applicable tax. All promotional credits, such as switchover credits, will be voided. We will estimate these charges at time of disconnect; however, as additional usage records may take some time to be billed, you may receive future bills with additional charges on them, which you will be responsible to pay.

Phones, accessories and other items: Within thirty days of original date of purchase if you are not completely satisfied simply return the item in its original condition and packaging for an exchange or refund. Scratched or damaged items or items not returned with all parts, accessories, or packaging may be refused exchange or refund, or may be charged a fee for exchange or refund. Phones are limited to 1 exchange (unless exchanged due to defect).Refunds will be issued in the same method as payment was received, except cash amounts over $100.00, which will be refunded by mailed check.

Section I – Networking AUP

Acceptable Use Policy for Data Service

This statement represents guidelines to the acceptable use of Inland Cellular for data communications. This AUP is applicable to all incoming or outgoing data usage of Inland Cellular’s networks and Inland Cellular’s subscriber’s networks (“Data Service”). In such instances where data communications leave Inland Cellular’s systems and are carried by other networks or the Internet, Inland Cellular’s users and connecting networks are advised that the acceptable use policies of other networks are applicable, and must be respected.

Inland Cellular informs its users of its own policies, and requires its connecting networks to do the same.

Purpose:

Inland Cellular’s data network has been established to:

• Provide high quality networking services to the business community and private users.
• Promote and enhance network and Internet access in the regions served by the Inland Cellular, currently consisting of portions of the states of Washington and Idaho.
• Promote and enhance the communities in which we live and provide service.

Requirements of Usage:

• To respect the privacy of the users of Inland Cellular, and all networks accessible via Inland Cellular.
• To respect the legal protection provided by copyright, license, and other applicable legal devices to programs, communications, and data.
• To respect the integrity of computing systems, and to not use Inland Cellular to compromise same.

Specifically Acceptable Uses:

• Usage for private personal or business communications.
• Usage for access to legal informational and entertainment sites.
• Usage for public communications as suggested by the charters of USENET newsgroups, and the well-known guidelines generally accepted by the users and news administrators of same.
• Usage for research or educational purposes.
• Usage for data communications in accordance with applicable laws.

Unacceptable Uses:

• It is not acceptable to use Data Services for illegal purposes.
• It is not acceptable to use Data Services to transmit threatening, obscene, or harassing materials.
• It is not acceptable to use Data Services to interfere with or disrupt network users, services, or equipment. Disruptions include, but are not limited to, distribution of unsolicited advertisement, inappropriate filing of Usenet Articles, and using the network to make unauthorized entry to any other machines accessible via Inland Cellular’s network connections.
• It is not acceptable to use Data Services for the purposes of transmitting “Chain Letters”, “broadcasting” messages to mailing lists or non-consenting individuals, nor any other type of use which will result in congestion of the Internet, Inland Cellular’s connecting networks or which would significantly interfere with the connectivity of others.
• It is not acceptable to use Data Services for any malicious purpose.

Violation of AUP:

Inland Cellular will review alleged violations of any Acceptable Use Policy on a case-by-case basis. Violations of policy may result in termination of Inland Cellular services to the subscribing customer and network services to all others. Usage of Inland Cellular’s network constitutes an agreement to abide by these guidelines.

Section II: Site Specific Policy – (As Applicable)

Site Policy:

• As a customer of Inland Cellular you understand and accept these provisions and agree to pay for services according to the policies currently in effect.
• Inland Cellular makes no warranties of any kind, whether expressed or implied, including any implied warranty of merchantability or fitness of this service for a particular purpose. Inland Cellular takes no responsibility for any damages suffered by you including, but not limited to, loss of data from delays, non-delivery, misdelivery or service interruptions caused by Inland Cellular’s own negligence or your errors and/or omissions.
• Customer is required to maintain all computing devices connected to Inland Cellular’s networks and Inland Cellular’s subscriber’s networks free of viruses, worms, Trojan horses and any other malware that interferes with any other customer’s service or the normal operation of the network. This may require the purchase, installation and weekly updating of a major, third party anti-virus software, AND regular operating system updates to repair the constant stream of new flaws discovered. The Customer’s failure to keep its system(s) pest free and patched may result in suspension of service at Inland’s sole discretion and may result in cancellation of service for repeat violations.
• Inland Cellular’s services may only be used for lawful purposes. Transmission of any material in violation of any U.S. or state regulation is prohibited. This includes, but is not limited to, copyrighted material, threatening or obscene material or material protected by trade secret. You agree to indemnify and hold harmless Inland Cellular from any claims resulting from your use of this service which damages you or another party. At our discretion, we may revoke your access for inappropriate usage.
• Use of any information obtained via this service is at your own risk. Inland Cellular specifically denies any responsibility for the accuracy or quality of information obtained through our services.
• If you use another organization’s networks or computing resources, you are subject to their respective permission and usage policies.
• These provisions are subject to change without notice. A current copy will always be available on-line, reachable from the Inland Cellular Home Page. Continued usage of your account after a new policy has gone into effect constitutes acceptance of that policy. We encourage you to regularly check the policy statement for any changes. (The effective date at the top will be updated to indicate a new revision).
• The use of Bots, Mud-Clients, and auto-run or background processes is acceptable. However, one may not run multiple bots, nor may one run bots which are designed to annoy or hinder others, nor may one run any program which uses extraordinary CPU or memory resources of any Inland Cellular server.
• If a server expressly forbids the use of BOTS, you must not use them on that server. Choose a server that allows them.

Fair Use:

• Users are expected to follow reasonable guidelines of net etiquette.
• Users are required to respect the guidelines of Inland Cellular’s AUP. All networks have AUPs and Inland Cellular makes its users aware that they exist and requires its users to abide by them.

With respect to the above rules, Inland Cellular is committed to Freedom of Speech and the User’s Right to Privacy. We make no effort to monitor and accept no responsibility for User Mail or News postings. Users are responsible for taking proper precautions to insure the security of their account.
These provisions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and provisions or any order submitted.

Please address all questions or comments regarding this policy statement to cellinfo@inlandcellular.com.

Inland Cellular has adopted the following privacy policy in order to demonstrate its commitment to providing you with the service you expect while also seeking to protect your privacy rights.

A. Revisions to policy

Use of the Inland Cellular’s services constitutes your acknowledgement of this privacy policy as well as your agreement to the terms of Inland Cellular’s Acceptable Use Policy. Inland Cellular reserves the right to amend this privacy policy at any time and continued use of services will be deemed to constitute your agreement to the revised privacy policy. Changes to this privacy policy will be posted on the Internet at a page accessible from http://www.inlandcellular.com. Inland Cellular may, but is under no obligation to, notify you by email when changes are made to the privacy policy and will endeavor to notify you prospectively of any anticipated change.

B. Contact

If you have any questions about this privacy policy or about information gathered by Inland Cellular, please contact Inland Cellular at:

Privacy Policy Coordinator
Inland Cellular
1112 36th St. N.
Lewiston, ID 83501
Tel. No.: (208) 798-0245
email: cellinfo@inlandcellular.com

C. Affiliates

Inland Cellular does not at this time share information about you with other Inland Cellular affiliates, but may do so in the future after posting a change to this policy pursuant to Paragraph A above.

D. Government requests

Inland Cellular may disclose information about you upon the request of law enforcement agencies or other government agencies and whenever required by law or whenever determined by Inland Cellular to be necessary to protect the safety of its customers, employees or property. You agree that Inland Cellular shall be under no obligation to prevent the use by law enforcement agencies of any lawful technology which may collect information from the Inland Cellular service, and such agency may attempt to do so in its discretion.

E. Use of “Cookies”

Cookies are small data files that websites may save onto the hard drive of the user’s computer for record keeping purposes when a user visits the website. Inland Cellular and other services that may be accessed through the Inland Cellular services may use cookies to store preferences, record session information, record the Internet pages you access or visit, record other user-specific information, alert you to matters that Inland Cellular or the specific service provider believes could be of interest to you, record past activity, ensure rotation of banner ads, customize web page content based on your browser type or on other information that you have provided or that has been gathered, or for other purposes. Advertisers may also save cookies to a user’s computer, which is a practice considered standard on the Internet. Inland Cellular has no control over the use of cookies by advertisers or other third parties. Cookies and the activities of advertisers and other third parties are not subject to this privacy policy. Internet browsers are often initially configured to allow the use of cookies and can usually be set to refuse cookies or to alert the user when cookies are being sent. You should note that that some websites may not function properly when a browser is set to refuse cookies.

F. Use of collected information

You may on occasion provide Inland Cellular with information about you when requesting information, products, or services. Inland Cellular may collect such information (e.g., email addresses, phone numbers, etc.) and may use the information for various purposes, such as to notify you with information about Inland Cellular or its products and services that may be of interest to you. Inland Cellular will not share such information with third parties who may want to contact you with information that may be of interest to you without your express permission.

G. IP addresses

An IP address is a number that is automatically assigned to temporarily identify a person’s mobile device when it is connected to the Internet. Web servers identify specific computers by their IP address and when a specific page is requested from a website, its servers record the computer’s IP address. An IP address is assigned to an Inland Cellular user when they use the data service on their device. The assignment of an IP address is generally accomplished anonymously, but under normal operation, such as when sending email or accessing a restricted web page that requires a login to be accessed, a user’s login or email address may become associated with a given IP address. Such information is used by Inland Cellular for administrative purposes and is not released to third parties except as specified elsewhere in this policy. An IP address may be manually cross referenced to identify who is using an IP at a particular time in order to evaluate potential security related activity. Aggregate information, which may include the pages accessed by an IP address or specific information volunteered by users, may be collected by Inland Cellular for reasonable business purposes, including but not limited to: (1) complying with any applicable laws, regulations or other governmental orders; and, (2) operating the Services properly or protecting itself and its Users.

H. Limited application of privacy policy

This privacy policy applies only to the services provided to you by Inland Cellular. This policy does not apply to or in any way govern your relationship, if any, with Inland Cellular generally or with any of its other affiliates. Inland Cellular’s services offer links to the web sites of third parties. Inland Cellular has no control over, makes no representations regarding, and is not responsible for, the privacy practices of such third party sites.

I. Security of information, including credit card numbers

Inland Cellular monitors its computing systems for evidence of security violations and hacking, but due to the nature of computing systems cannot make any representation or warranty regarding the security of its systems or the information contained thereon. You assume all risks of a security breach. In the event that Inland Cellular collects social security numbers, credit card information or other information that should reasonably be expected to be maintained securely, Inland Cellular will utilize industry standard security measures to protect against the loss, misuse or unauthorized disclosure of the information under its control, but has no obligation beyond such measures.

J. Transfer of assets

You agree that, without further compensation to you, in the event that some or all of the assets of Inland Cellular are sold or transferred, information about you may be a part of the assets sold or transferred.

K. Children’s Online Protection Privacy Act (COPPA)

Inland Cellular does not direct any service or material to persons under thirteen (13) years of age and does not knowingly collect information from the persons under the age of thirteen (13).

L. Customer Proprietary Network Information

Inland Cellular will comply with all applicable Federal Communications Commission rules requiring the protection of Customer Proprietary Network Information.

M. Additional Information for Wireless Customers

Inland Cellular collects and uses mobile device location data for a variety of purposes, such as to improve services or troubleshoot problem areas. We do not share this information with other third parties unless sharing is required to perform these functions or unless required by law.

Many types of wireless applications and services use mobile device location data, including applications provided by other companies and wireless device operating systems. When you are considering new applications or services, you should carefully review the location-based services’ or application providers’ privacy policies to learn how they collect and use your information.

Inland Cellular may use mobile usage information and consumer information for certain business and marketing reports. Mobile usage information includes the addresses of websites you visit when you use our wireless services. Mobile usage information also includes the location of your device and your use of applications and features. Consumer information includes information about your use of Inland Cellular products and services (such as data and calling features, device type, and amount of use). We may combine this information in a manner that does not personally identify you and use it to prepare aggregated business and marketing reports that we may use for internal use only.

Inland Cellular does not publish directories of our customers’ wireless phone numbers, and we do not provide or make them available to third parties for listing in directories.

The following terms and conditions apply to Inland Cellular ProTXT (IC ProTXT) from Inland Cellular. The IC ProTXT feature is subject to Customer’s Service Order Terms and Conditions, as applicable, with Inland Cellular, including Limitations of Liability. IC ProTXT requires use of a compatible CDMA network device procured by or purchased from Inland Cellular or one of its authorized agents.  IC ProTXT allows Customer to manage the lines on Customer’s account for a monthly per line fee.  IC ProTXT applies to text messages to/from User’s wireless phone only.  IC ProTXT is not applicable to voice or data services.  IC ProTXT may not work outside Inland Cellular’s service territory or when roaming.

Inland Cellular is not responsible for the content of any messages sent or received by consumers. Inland Cellular is under no obligation to monitor the information or content transmitted through IC ProTXT Services. However, anyone using the IC ProTXT Services agrees that Inland Cellular may monitor these messages periodically for reasonable business purposes, including but not limited to: (1) complying with any applicable laws, regulations or other governmental orders; and, (2) operating the Services properly or protecting itself and its Users. Inland Cellular reserves the right to discontinue IC ProTXT service at any time if Inland Cellular, in its sole discretion, determines that User or Customer is in violation of these terms and conditions.

Customer is responsible for creating and safeguarding their IC ProTXT password, as well as establishing, maintaining and updating the IC ProTXT settings for wireless phones on their account and explaining the limitations imposed on a User’s ability to access and use Inland Cellular services.  Upon activation of IC ProTXT, Customer will be charged the applicable monthly fee until the feature is cancelled by customer, regardless of whether or not any limits or restrictions were established or IC ProTXT service was used.  IC ProTXT settings cannot be established or changed through a wireless handset.  Customer must have access to the Internet to establish or revise IC ProTXT settings.  If IC ProTXT is cancelled by Customer, or if wireless service is cancelled for non-payment or otherwise suspended from service, Customer’s IC ProTXT settings will be lost. User will receive notification that IC ProTXT was activated on their service.

All text messages, including both incoming and outgoing, will count toward any caps established.  Customer will be billed for all text messaging usage in accordance with Customer’s rate plan.  IC ProTXT is subject to service limitations, as well as roaming, billing cycles, time zone settings and other limitations or delays which may affect the functionality of IC ProTXT. Customer may incur overage charges based on actual usage in accordance with Customer’s rate plan, or User may unexpectedly be prevented from using or allowed to use certain text messaging services.   Inland Cellular shall not be liable for any damages related to the performance of IC ProTXT.

Phone numbers, email addresses and email domains can be added as blocked or permitted numbers/email addresses/domains.  International text messages may be blocked in their entirety or on a per country basis.  User will not receive notification of attempted delivery of text messages to User’s device from blocked numbers, blocked email addresses or domains or blocked countries. The person who sent User a message from a blocked number, email address, domain or country, however, may receive notification that the message was blocked.  The blocked numbers/email/domain list will place restrictions on a User’s ability to send or receive messages to/from those 10 digit numeric phone numbers, email addresses and email domains listed.  The blocked countries list will place restrictions on a User’s ability to send or receive messages to/from phone numbers from the blocked countries listed.  The blocked countries list does not block messages to/from foreign email addresses or domains.  Messages from permitted numbers, email addresses and email domains will be limited based on time restrictions Customer establishes unless the permitted number, email address or email domain is added to the exceptions list.

All texting may be blocked temporarily for selected periods of time during the day or week. During these times, the User will not be notified that a text message was attempted; however, after the blocked time their messages will be delivered (subject to service limitations). The sender of the message will receive a notice that the User is not able to receive messages at this time.

I. Terms and Conditions

Please read these Terms and Conditions carefully before using this website.  By using this website, you agree to these Terms and Conditions and signify that you have read them fully.  IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU MAY NOT USE THIS WEBSITE.

If you violate any of these Terms and Conditions, your permission to use the Website automatically terminates.  Nothing in these Terms and Conditions supersedes or alters a subscriber’s obligations or rights as set forth in his or her Terms and Conditions associated with any product or service provided by Inland Cellular.

Inland Cellular reserves the right to revise these Terms and Conditions at any time.  Posting the revised Terms and Conditions on the Website constitutes notice to you.  By using the Website subsequent to any revision of these Terms and Conditions, you agree to be bound by the revised Terms and Conditions.

II. Use of the Website

You agree not to use the Website for any action or communication that is unlawful, prohibited by these Terms and Conditions, intimidating, threatening, harassing, defamatory, obscene, indecent, infringing, unsolicited and commercial, soliciting the performance of any illegal activity, or infringing upon the rights of Inland Cellular.  You agree not to interfere, or attempt to interfere, with the operations of the Website or to use any device or software that will interfere, or attempt to interfere, with the operations of the Website.  You agree not to take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or any systems or networks connected to the Website.  You agree not to distribute in any medium any part of the Website or use any part of the Website for commercial use.  You agree not to alter or modify, or attempt to alter or modify, any part of the Website.

You agree not to probe or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website.  You agree not to take actions to seek or discover the information of other users of the Website or of Inland Cellular’s subscribers.  You agree not to attempt to gain unauthorized access to any portion of the Website or any systems or networks connected to the Website.  You agree not to interfere or attempt to interfere with the use of the Website by other users.

III. User Submissions to the Website

Any communication which you post or submit to the Website is considered to be non-confidential and in the public domain.  By posting communications to the Website, you automatically grant Inland Cellular a royalty-free, perpetual, irrevocable, worldwide, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.

 IV. User Accounts and Security

As a user of the Website, you may receive or establish an account in order to place orders, send SMS text messages, or take other actions available to account holders (“Account”).  You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else or use anyone else’s Account.  You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify Inland Cellular of any unauthorized use of your Account or any other breach of security.  Inland Cellular shall not be responsible for any claims, obligations, liabilities, costs, debt, expenses, losses, damages, charges, fees, or fines, including but not limited to legal and accounting fees, arising out of the authorized or unauthorized use of your Account.

V. Agreement to Pay

You agree to pay for all products and services you purchase through the Website.  YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND CHARGES AND FOR PROVIDING VALID PAYMENT INFORMATION.

VI. Right to Change Prices and Availability of Products

Prices and availability of products or services are subject to change at any time at Inland Cellular’s sole discretion.

VII. Electronic Signatures and Contracts

Your use of the Website includes the ability to enter into agreements and/or to make transactions electronically.  YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.

VIII. Limit on Liability

The material on the Website may contain inaccuracies or typographical or other errors.  Inland Cellular makes no representations about the accuracy, reliability, completeness, or timeliness of the material on the Website.  Use of the Website and any information contained therein is at your own risk.  The content of the Website may or may not be periodically updated or revised at any time.  These Terms and Conditions shall apply with equal force to any and all such updates or revisions.

INLAND CELLULAR DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS OR COMPUTER CODE THAT MAY BE TRANSFERRED TO YOUR COMPUTER WHEN DOWNLOADED.  IF YOUR USE OF THE WEBSITE AND OF THE CONTENT CONTAINED THEREIN RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, INLAND CELLULAR IS NOT RESPONSIBLE FOR THOSE COSTS.

The Website and its content are delivered on an “as-is” basis.  INLAND CELLULAR reserves the right to change or discontinue any or all content or features of the Website or services offered through the Website without notice.

INLAND CELLULAR disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose.  By use of the Website, you agree that INLAND CELLULAR will not be liable for any modification, suspension or discontinuance of the Website or of any content, feature or service offered through the Website.

INLAND CELLULAR MAKES NO WARRANTY THAT THE USE OF MATERIAL OR CONTENT DISPLAYED ON THIS WEBSITE WILL NOT ALSO INFRINGE UPON THE RIGHTS OF THIRD PARTIES NEITHER OWNED BY NOR AFFILIATED WITH INLAND CELLULAR.
Typographical Errors Disclaimer and Limitation of Liability.  In the event an Inland Cellular product or service is listed at an incorrect price due to typographical errors or errors in pricing information received from our suppliers, Inland Cellular shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price.  Inland Cellular shall have the right to refuse or cancel any such orders whether or not the order has been confirmed.

IX. DISCLAIMER OF DAMAGES

In no event shall INLAND CELLULAR, its officers, directors, employees, agents or its affiliates be liable to you for any direct, indirect, incidental, special, punitive or consequential damages.  You agree that there is no such liability even in the event that INLAND CELLULAR is notified beforehand of the possibility of damages.  You agree that the liability, if any, of INLAND CELLULAR, its officers, directors, employees, agents or its affiliates arising out of any legal claim connected to the Website is limited to the amount you paid INLAND CELLULAR to use the Website or its services.

Some States do not allow such limitations of damages for certain legal categories, so the above limitation or exclusion may not apply to you or may be limited as per the laws and regulations of your State.

X. Indemnity

You agree to indemnify, defend and hold harmless Inland Cellular, its officers, directors, employees, agents and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses including, but not limited to, legal and accounting fees, resulting from your use or misuse of the Website or your breach of these Terms and Conditions.

XI. Copyrights and Trademarks

The Website and its contents are intended for your personal use.  The Website contains copyrighted material, which may include, without limitation, text, software, photos, audio and video clips, graphics, illustrations, images, logos, music, and sound.  You may not modify, distribute, display, reverse engineer, perform, reproduce, create derivative works from, or in any way exploit any of the Website content.

INLAND CELLULAR and the Inland Cellular logo are trademarks of Inland Cellular.  YOU ARE PROHIBITED FROM MAKING ANY USE OF INLAND CELLULAR’S LOGO OR TRADEMARKS.

The use of the copyrighted and trademarked material on the Website by you, or anyone else authorized by you, is strictly prohibited.

XII. Privacy

Except as otherwise expressly provided for in these Terms, your use of the Website is subject to Inland Cellular’s Privacy Policy, which is expressly incorporated into these Terms and Conditions.  Your continued use of the Website constitutes your express agreement to not only these Terms and Conditions but those enumerated in the incorporated Privacy Policy.

XIII. Third Party Websites

The Website may contain links to other independent third-party websites.  These third-party websites are provided solely as a convenience to the users.  Such third-party websites are not under Inland Cellular’s control, and Inland Cellular is not responsible for and does not endorse the content of those sites, including any information or materials contained on those sites.  If you decide to access these third-party websites, you do so at your own risk.

Inland Cellular shall not be a party to any contract entered into by you, the user, and any third party as a result of contact with the websites linked from this website.  Inland Cellular does not in any way guarantee the performance of any third party under any contract.  You hereby release Inland Cellular and its employees, officers, directors, agents and affiliates from any damages that you incur, and agree not to assert any claims against Inland Cellular, arising from your use of these third-party products or services, or the breach of any third-party contract.

XIV. Termination

If you fail, or if Inland Cellular suspects that you have failed, to comply with any of the provisions of these Terms and Conditions, including but not limited to failure to make payment of fees due, failure to provide accurate and complete registration data, failure to safeguard your Account information, violation of these Terms and Conditions, or infringement or other violation of third parties’ rights, Inland Cellular, at its sole discretion, without notice to you may: (i) terminate your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) preclude your or any user’s access to the Website (or any part thereof).

Inland Cellular reserves the right to modify, suspend, or discontinue the Website (or any part or content thereof) at any time with or without notice to you, and Inland Cellular will not be liable to you or to any third party should it exercise such rights.

XV. Governing Laws

Any disputes arising out of or related to the use of the Website or these Terms and Conditions will be governed by the law of the State of Washington.

XVI. Dispute Resolution

Any controversy arising out of or relating to the use of this Website or these Terms and Conditions may at the election of either party be settled exclusively and finally by arbitration.  The arbitration shall be conducted in accordance with the commercial arbitration rules created by the American Arbitration Association.  All submissions to arbitration shall be made within forty-five (45) days of the date upon which the controversy to be arbitrated arose.  The arbitration shall be conducted before a sole arbitrator, and under no circumstance shall punitive damages be awarded in the arbitration.  Any award rendered in such arbitration proceedings shall be final and binding on each of the parties, and judgment may be entered thereon in a court of competent jurisdiction.

XVIII. Entire Agreement

These Terms and Conditions and the incorporated Privacy Policy represent the entire agreement between Inland Cellular and you with respect to use of the Website.

 XIX. Contact/Address for Legal Notice

All questions, comments and legal notices should be submitted to:

Inland Cellular
109 South First Street
PO Box 688
Roslyn, WA 98941
cellinfo@inlandcellular.com

Inland Cellular adopts this Open Internet Policy to promote the Internet as an open platform enabling customer choice, freedom of expression, end-user control, competition, and the freedom to innovate without permission.

No Unreasonable Discrimination: Inland Cellular does not unreasonably discriminate in transmitting lawful network traffic over a customer’s broadband Internet access service, subject to reasonable network management. Reasonable network management practices are set out below.

Inland Cellular does not:

• Discriminate among specific uses, or class of uses, of its network
• Impair, degrade or delay VoIP applications or services that compete with its voice services or those of its affiliates
• Impair, degrade, delay or otherwise inhibit access by customers to lawful content, applications, services or non-harmful devices
• Impair free expression by actions such as slowing traffic from particular websites or blogs
• Demand pay-for-priority or similar arrangements that directly or indirectly favor some traffic over other traffic
• Prioritize its own application, services or devices or those of its affiliates

No Blocking: Inland Cellular does not block lawful content, applications, services, or non-harmful devices, subject to reasonable network management. Network management practices are set forth below.

TERMS AND CONDITIONS OF SERVICE AND NETWORK MANAGEMENT PRACTICES

General: Inland Cellular manages its network to provide quality service to its customers. Inland Cellular cannot guarantee that it can prevent spam, viruses, security attacks, network congestion and other actions which can affect service, but does use various filters, monitoring efforts and other measures to minimize the effects of spam, viruses, security attacks, network congestion and other actions which can affect the service provided to customers.

Congestion Management: While Inland Cellular endeavors to keep network congestion to a minimum, from time to time congestion may occur, particularly as it may be related to the service capacity from third parties used by Inland Cellular to provide the customer with access to the world. Such service capacity is outside the control of Inland Cellular.

Where feasible, Inland Cellular will address congestion issues through improvements to its network or the capacity purchased from other providers needed to connect to the outside world. Such processes take time to implement and may not be feasible in all situations. Therefore, Inland Cellular reserves the right to monitor and identify which customer accounts are using the greatest amount of bandwidth during periods of heavy congestion and to work to provide solutions to address those issues. If a preferred solution cannot be worked out with the customer or customers, Inland Cellular reserves the right to manage the Internet traffic of high-volume customers during periods of significant congestion. This means that the affected customers will still be able to access the Internet and engage in activities that they desire, but during certain periods of time they may experience conditions such as longer times to download or upload files, slower access and slower movements during online game playing. It is expected that any periods of traffic management due to congestion will be brief and infrequent.

Data Optimization: Inland Cellular has implemented optimization and transcoding technologies in its data networks to transmit data files in a more efficient manner to allow available network capacity to benefit the greatest number of users and reduce the amount of data usage billed. These techniques include caching data, using less capacity, and sizing video files more appropriately for mobile devices. The optimization process is agnostic as to the content itself and to the website that provides it. Inland Cellular strives to avoid changing text, image, and video files in the compression process. While any change to the file is likely to be indiscernible, the optimization process may minimally impact the appearance of the file as displayed on a customer's device.

Unlimited Plans: Unlimited data plans may have a restriction on the amount of full bandwidth data that may be used. Please see your plan details. For example: after 40GB/line of data on the Home Network, data speeds on the Home Network will be reduced to a maximum of 2Mbps. After 2GB/line of data while on the Roaming Network, data speeds on the Roaming Network will be reduced to 200Kbps. Home Data is data used on Inland Cellular’s Home Network; Roaming Data is data used while ‘roaming’ on a partner carrier. 

Use of Network: In no case will Inland Cellular discriminate among customers on the basis of the type of content, applications, services or devices which the customer uses.

Applications: Customers may use any lawful and commercially available application which they desire. Inland Cellular does not normally monitor the contents of the traffic or applications of the customers and undertakes no obligation to monitor or investigate the lawfulness of any specific application used by a customer.

Inland Cellular will only take steps regarding an application-specific behavior by a customer if there is a reasonable belief that the application will cause harm to Inland Cellular’s network or is unlawful, including but not limited to, violating intellectual property rights.

Devices: A customer may use any lawful, technology compatible and commercially available device which they desire on the network provided by Inland Cellular, as long as such device does not harm the network, is not unlawful, and the software, firmware, network settings, PRL and other device settings can be reasonably adapted to work on Inland Cellular’s network. Certain types of wireless devices are not compatible with Inland Cellular’s network.

Security: While Inland Cellular uses various security measures it deems appropriate, Inland Cellular undertakes no obligation to monitor or protect customer traffic from spam, viruses, denial of service attacks or other malicious, unlawful or unwarranted activities. Inland Cellular does not guarantee that it can protect customers from any or all security breaches. The customer is using this service at his or her own risk. Customers are cautioned to purchase their own spam filtering and antivirus software from commercial vendors to meet their needs. However, a customer that is subject to spam, virus, denial of service attack or similar malicious, unlawful or unwarranted activities is urged to contact Inland Cellular as soon as possible. Inland Cellular will work with the customer on how the customer can take appropriate and economically reasonable efforts to address the matter.

PERFORMANCE CHARACTERISTICS

The pricing and service levels for the service provided by Inland Cellular can be found at www.inlandcellular.com/internet-connection-plans and www.inlandcellular.com/data-plans. The service is provided over Inland Cellular’s wireless network which uses CDMA technology. Typical access speeds range from:

• 1xRTT:
  • Download: 30-60 kbps
  • Upload: 5-10 kbps
• EVDO Rev. 0
  • Download: 200-600 kbps
  • Upload: 30-60 kbps
• EVDO Rev. A
  • Download: 400-1200 kbps
  • Upload: 200-600kbps
• 4G LTE
  • Download: 3-6 Mbps
  • Upload: 1-3 Mbps

Speeds will vary depending on customer location, number of simultaneous users, signal strength, and other factors.

Actual access speeds and delay times or latency are impacted by the length, capacity and congestion of transport facilities purchased by Inland Cellular from third-party providers. Inland Cellular cannot guarantee that it will be able to obtain capacity from these third-party providers at commercially reasonable prices if and when additional third-party capacity is needed to reach Internet nodes.

Inland Cellular’s ability to deliver the speeds set forth above may be affected by significant use of specialized services such as Internet-based video services. This is a growing area and its effect on Inland Cellular’s ability to provide service at the speeds listed above are unknown at this time.

Inland Cellular bases its service offerings on usage-based fees and offers a variety of plans, each of which has its own set of standards. Please see the website link for further information.

PRIVACY

As a general statement, Inland Cellular does not usually engage in inspection of network traffic. Inland Cellular does retain and store certain traffic information for time periods required by federal and state law, including, but not limited to, the identity of the customer using a particular IP address during a specific period of time. Inland Cellular does assist law enforcement and provides traffic information that it may have available to it when requested pursuant to the Communications Assistance for Law Enforcement Act, the Foreign Intelligence Surveillance Act and other applicable national and state security and criminal statutes.

INLAND CELLULAR DOES NOT COLLECT, STORE OR USE TRAFFIC INFORMATION TO PROFILE ITS CUSTOMERS IN ORDER TO SELL ADDITIONAL SERVICES TO THEM OR FOR NON-NETWORK MANAGEMENT PURPOSES.

COMPLAINTS

If a customer has complaints about the service, they are urged to contact

• cellinfo@inlandcellular.com
• or call 800-248-8822

A customer always has the right to file a complaint with the Federal Communications Commission at www.fcc.gov.

RESERVATION OF RIGHTS/AMENDMENTS 

In the event of any conflict between material found on other links on Inland Cellular’s web site and this Open Internet Policy, the more specific terms at the other links shall control.

Inland Cellular may modify this Policy and other policies it has linked for the customer from time to time at its discretion. Notice of such changes will be posted on our website at www.inlandcellular.com/open-internet-policy. However, individual notice to customers, content providers, application providers, service providers or device providers by any means whatsoever shall not be provided unless specifically required to by federal or state law. Notice of changes will be provided in advance normally upon a thirty day basis. However, Inland Cellular reserves the right to use a shorter notice period when circumstances so warrant.

Secur-a-cell is a phone replacement program offered by Inland Cellular. For a monthly fee, customers can protect their phone from accidental damage (including liquid damage), accidental loss, or theft.

A deductible applies for each claim (deductible varies depending on type of phone – see store for details). The deductible must be paid at the time of the claim.

All claims are approved at Inland Cellular’s sole discretion.

Damaged phones must be brought in for inspection. If the claim is approved, the phone will be repaired or replaced at Inland Cellular’s discretion.

Claims for phones that were lost or stolen must be accompanied with a police report.

For any approved claim, if the phone is replaced the replacement phone will be a refurbished phone of the same model when available. If the same model is not available, a phone of equal quality and features will be substituted. The model of the replacement is at Inland Cellular’s sole discretion.

Secur-a-cell can only be added to new phones at the time of purchase, unless: the phone is less the one year old; the phone has been examined by an Inland Cellular employee and it is determined the phone is in good working order and undamaged; and, customer agrees they may not make a claim for the first 30 days of coverage.

Secur-a-cell does not cover normal wear and tear or manufacturer’s defects (regardless of whether or not the phone is under manufacturer’s warranty).

Secur-a-cell does not cover purposeful damage to or loss of a phone, whether that damage or loss was done by the owner or user of the phone, or at the owner’s or user’s request, or with the owner’s or user’s knowledge. In addition, Inland Cellular reserves the right to deny any claim in the event lost or stolen equipment in not initially accompanied by a police report, or any situation in which a denied claim is shortly thereafter resubmitted for a claim where the “loss” is a result of intentional or dishonest actions taken by, or with the knowledge of, the user. Validity of claims is at the sole discretion of Inland Cellular.

SECUR-A-CELL EXCLUSIONS

We will not pay “loss” caused directly or indirectly by any of the following, and such “loss” is excluded regardless of any other cause or event that contributes
concurrently or in any sequence to the “loss”:

• A. Nuclear hazard, meaning: any weapon employing atomic fission or fusion or nuclear reaction to radiation or radioactive contamination from any other cause. However, direct physical “loss” caused by resulting fire will be covered.
• B. War, including: undeclared or civil war; warlike action by a military force, including action in hindering or defending against expected attack; or, any government, sovereign or any other authority using military personnel or other agents of insurrection, rebellions, revolution, usurped action or action taken by government authority in hindering or defending against any of these.
• C. Government action, meaning seizure or destruction of property by order of government authority.
• D. Indirect “loss” or any delay, loss of market, loss of use or any other consequential loss; an increase of “loss” caused by or resulting from the delay in repairing or replacing covered property due to interference at the location of repair or replacement by strikes, other persons or any other cause for “loss”.
• E. “Loss” caused by or resulting from insects, vermin, or other wild animals.
• F. “Loss” due to voluntary parting of covered property by you or anyone entrusted with the property.
• G. “Loss” due to obsolescence including technical obsolescence of the covered property.
• H. Intentional or dishonest acts, including criminal acts, by you or any of your authorized representatives including: anyone you entrusted with the property and any of their family members, or anyone else with an interest in the property for any other purpose, acting alone or in collusion with others.
• I. “Loss” caused by change in color, texture, finish, extraction or contraction of covered property, however caused, or any other cosmetic damage to covered property, however caused.
• J. “Loss” caused by faulty repair, adjusting, installation, servicing or maintenance unless fire or explosion ensues and the only for “loss” by ensuing fire or explosion.
• K. Discharge, dispersal, seepage, migration, release or escape of “pollutants”.
• L. Unauthorized repair or replacement, including any repairs or attempted repairs by anyone, including owner, unless that person is an authorized repair person for that brand and model of phone.
• M. Preventative maintenance or adjustments.
• N. Use of the covered property in a manner for which it was not designed or intended by the manufacturer, or failure to follow the manufacturer’s installation, operation or maintenance instructions.
• O. Error or omissions in design, programming, or system configuration, faulty construction; any original defect in any covered property; or, recall by the manufacturer.
• P. Mechanical breakdown not caused by a covered cause of “loss”.
• Q. Antenna damage resulting from carelessness of the use in which it was not designed for or intended by the manufacturer.

Inland Cellular Telephone Company (“Inland Cellular”) undertakes to provide cellular services under the terms and conditions and at the rates and charges on your Service Order. Cellular radio telecommunications service (herein “Service”) is furnished by Inland Cellular through facilities which are interconnected to the public switched telephone network and the public internet.  This Service Order is a contract that creates rights and obligations among Inland Cellular and Customer (including, by extension, those Users and Authorized Signers as granted by Customer).  Thus, the Service Order is referred to both as “Service Order” and “Contract” throughout. The terms “User”, “Customer” and “Authorized Signer” are used throughout the Service Order. A “Customer” is any individual or entity that has signed the Service Order and is financially responsible for the charges generated for use of Inland Cellular’s service and equipment. A “User” is any individual or entity that the Customer has authorized to use the Customer’s cellular phone and service. An “Authorized Signer” is any individual or entity that the Customer has authorized in writing to have full access to the Customer’s account, including charging equipment, changing rate plans or features, adding or subtracting service lines, etc. The Customer is responsible for all charges, including any charged equipment, service termination penalties, collections fees, taxes, surcharges, or other fees required by law or reasonably applied, generated through use of Inland Cellular’s service and equipment by Customer, any User, or any Authorized Signer. Service is available to cellular telephones equipped for this Service when within the range of Inland Cellular’s cell sites.  Service is subject to transmission limitations caused by atmospheric, terrain and like conditions. Service may be temporarily refused or limited because of the cellular carrier’s system capacity limitations. Service to any or all Customers and Users may be temporarily interrupted or curtailed due to equipment modifications, upgrades, re-locations, repairs and similar activities necessary for the proper or improved operation of the service.

LIMITATION OF LIABILITY

INLAND CELLULAR’S SOLE LIABILITY TO ITS CUSTOMERS FOR INTERRUPTIONS IN THE SERVICE FURNISHED BY INLAND CELLULAR IS AS FOLLOWS:

WHEN THE SYSTEM IS RENDERED INOPERATIVE BY A CONTINUING SERVICE INTERRUPTION, A CREDIT ALLOWANCE WILL BE MADE AT EITHER THE CUSTOMER’S OR AUTHORIZED SIGNER’S REQUEST, IN THE FORM OF A PRO RATA ADJUSTMENT OF THE FIXED MONTHLY CHARGES BILLED BY INLAND CELLULAR.  THIS ADJUSTMENT SHALL CONSTITUTE INLAND CELLULAR’S FULL AND COMPLETE LIABILITY.

INLAND CELLULAR MAY PROVIDE AIRTIME CREDIT FOR ANY CALL THAT IS DISCONNECTED BY INLAND CELLULAR DUE TO INTERFERENCE WITH RADIO TRANSMISSION IF INLAND IS NOTIFIED OF THESE FACTS BY CUSTOMER OR AUTHORIZED SIGNER WITHIN 30 DAYS AFTER THE CALL IS DISCONNECTED. THIS CONSTITUTES INLAND CELLULAR’S FULL AND COMPLETE LIABILITY FOR DISCONNECTED CALLS.

A CREDIT ALLOWANCE WILL NOT BE GIVEN FOR INTERRUPTIONS CAUSED BY NEGLIGENCE OR WILLFUL ACT OF THE CUSTOMER, USER, OR AUTHORIZED SIGNER, OR INTERRUPTIONS CAUSED BY FAILURE OF EQUIPMENT OR SERVICES NOT PROVIDED BY INLAND CELLULAR.

INLAND CELLULAR SHALL IN NO EVENT BE LIABLE FOR INTERRUPTION OR DELAYS IN TRANSMISSION, OR ERRORS OR DEFECTS IN TRANSMISSION OR FAILURE TO TRANSMIT WHEN CAUSED BY ACTS OF GOD, FIRE, WAR, RIOTS, GOVERNMENT AUTHORITIES, FACILITIES SHORTAGES, ENVIRONMENTAL OR TERRAIN FACTORS, OR OTHER CAUSES BEYOND INLAND CELLULAR’S REASONABLE CONTROL.

INLAND CELLULAR’S LIABILITY, IF ANY, FOR ANY MISTAKE, OMISSION, INTERRUPTION, DELAY, ERROR, DEFECT OR OTHER FAILURE IN ITS OPERATION OF SERVICE OR EQUIPMENT, REGARDLESS OF THE THEORY, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, SHALL IN NO EVENT EXCEED THE AMOUNT OF INLAND CELLULAR’S PRORATED MONTHLY CHARGE TO CUSTOMER FOR SERVICE DURING THE PERIOD SO AFFECTED. INLAND CELLULAR AND CUSTOMER AGREE THAT NEITHER CUSTOMER, NOR ANY USER OR AUTHORIZED SIGNER, SHALL RECOVER PUNITIVE DAMAGES, TREBLE, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES.  IN NO EVENT SHALL INLAND CELLULAR BE LIABLE TO CUSTOMER AND/OR USERS, AUTHORIZED SIGNERS, ETC., FOR ANY AMOUNT ARISING OUT OF OR CONNECTED WITH THIS CONTRACT (EXCEPT AS SPECIFICALLY SET OUT HEREIN) OR FOR ANY COSTS, DELAYS OR ATTORNEYS’ FEES. INLAND CELLULAR HAS NO LIABILITY ARISING OUT OF UNAUTHORIZED USE OF ITS SERVICE.

INDEMNIFICATION

THE CUSTOMER AGREES TO INDEMNIFY INLAND CELLULAR FOR ANY CLAIMS BY THIRD PARTIES AGAINST INLAND CELLULAR ARISING OUT OF THE CUSTOMER’S RELATIONSHIP WITH INLAND CELLULAR. CUSTOMER AGREES TO INDEMNIFY INLAND CELLULAR FOR ANY CLAIMS AGAINST INLAND CELLULAR BY ANY USER OR AUTHORIZED SIGNER.

The same mobile identification number or mobile directory number may not appear in more than one cellular telephone.

Orders, including those which involve the startup, change or discontinuance of Service, will be accepted by Inland Cellular only from the Customer or Authorized Signer. Service shall not be used for any purpose in violation of laws.  Service shall not be used in such a manner as to interfere unreasonably with the use of the Service by one or more other Customers or Users. In the event the cellular telephone is stolen, the Customer is liable for all usage and toll charges originating from such Customer’s number until such time as the theft is reported to Inland Cellular.  Monthly charges continue until the Service is terminated.

Neither Customer, nor User, nor Authorized Signer is authorized to use, or to allow others to use, Inland Cellular’s trademarks or trade names without Inland Cellular’s express written consent.

TERMINATION OF SERVICE

A Customer may terminate Service by notifying Inland Cellular in writing, said termination effective upon receipt of such notice by Inland Cellular. Upon non-payment of any sum due Inland Cellular, upon Customer’s bankruptcy or insolvency, or upon a violation of any of the conditions of this Contract, Inland Cellular may, by written notice to the Customer, without incurring any liability, either temporarily discontinue Service or terminate the Contract. Service may be refused, discontinued or the Contract terminated without notice in the event that Service is used in such a manner that will adversely affect Inland Cellular’s Service to others. Users must reside in the Home Service Area in order to be eligible for Service, both at start of Service and throughout the Contract period. Relocation to anywhere outside of our Home Service Area will result in termination of service and Customer will be responsible for all charges, including service termination penalties. Whether the Customer or Inland Cellular terminates service as described above, the Customer is responsible for payment of outstanding charges for the period Service was rendered. If termination occurs prior to expiration of the contract period selected on the front of this form, Customer will be responsible for payment to Inland Cellular for the early termination charge which is the Service Termination Fee amount shown on the front of this form.

Inland Cellular may terminate Service upon 30 days written notice when it is terminating the rate plan under which Customer or User is provided service. In the event that the entire rate plan is terminated by Inland Cellular, Customer or User will not be responsible for any early termination charges but will remain responsible for all other charges incurred.  In the event Inland Cellular notifies Customer that Customer’s service will be terminated, Customer agrees that Inland Cellular may notify Users, for which Customer is responsible, by telephone, telephone intercept or otherwise, as to how Users may maintain Inland Cellular service after the termination of the Contract. To minimize the impact on its Users, Customer agrees to cooperate to enable its Users to continue receiving cellular telephone service from Inland Cellular with minimal disruption after termination. Customer will remain solely responsible for its pre-termination obligations to its Users. Customer will remain responsible to Inland Cellular for charges incurred and the repayment of the early termination service charge if termination occurs prior to expiration of the contract period selected on the front of this form.

DEPOSITS

If a deposit is required by Inland Cellular, the Customer shall make a deposit to be held by Inland Cellular as a guarantee of the payment of charges.  The amount of this deposit shall be reasonably determined by Inland Cellular at its sole option and may be increased from time to time. Interest will not accrue on the deposit amount. Upon termination of Service, Inland Cellular may apply said deposit against Customer’s bill.

CELLULAR TELEPHONE

Inland Cellular is not responsible for the operation, quality of transmissions or maintenance of any cellular telephone. Inland Cellular is not responsible for installation unless Inland Cellular agrees to install the cellular telephone. In the event Inland Cellular installs the cellular telephone, Inland Cellular’s liability for improper installation is spelled out in the Installation Order, the substance of which is incorporated into this Service Order. Customer and User agree that this Service Order does not enlarge Inland Cellular’s liability for improper installation.

The Customer or User must provide and maintain all cellular telephone equipment and ensure that it is technically and operationally compatible with the cellular system and in compliance with applicable Federal Communications Commission rules and regulations.

Inland Cellular makes no representations or warranties, express or implied, including any implied warranty of merchantability or fitness for a particular purpose concerning the CELLULAR TELEPHONe OR OTHER DEVICE. The manufacturer of the CELLULAR TELEPHONE oR OTHER DEVICE provides a separate written WARRANTY THAT outlines the manufacturer’s liability for its equipment.

The operating characteristics of such equipment shall be such as not to interfere with the Service offered by Inland Cellular.

MOBILE IDENTIFICATION NUMBER

Upon written notice to the Customer, Inland Cellular shall have the right to change mobile identification number. Customer and User agree that Customer and User shall acquire no proprietary interest in any mobile identification number.

RATES, CHARGES AND PAYMENT

The Customer is solely responsible to pay Inland Cellular, regardless if charges are incurred by User, Authorized Signer, or Customer, for all toll charges resulting from the origination of cellular calls to points outside the cellular local area, collect calls, incoming calls and calls billed to the Customer’s mobile identification number, land line charges, roaming charges incurred by using another system, regulatory charges imposed on Inland Cellular and surcharges, taxes assessed or governmental fees imposed by any local, state or Federal government or governmental agency with respect to the services provided. Customer also agrees to pay any charges incurred by utilization of enhanced or special services, if available, (including but not limited to time, weather, operator or directory assistance, call dialing, calling card use, call forwarding, automatic call delivery, short message service, multimedia message service, data service and downloaded ring tones). These charges are in addition to the charges for usage.  Customer is also responsible for any equipment charges, services, prorates, taxes and surcharges authorized by Customer or an Authorized Signer. Customer acknowledges that toll service is provided through Inland Cellular.

Inland Cellular reserves the right to change any and all rates contained herein upon 15 days written notice to the Customer.  In the event such change results in a price increase of the monthly access rate or additional minutes, messages, or data rates, Customer may terminate this Contract without liability for early termination of service charge, by giving written notice of cancellation within 15 days after the date of the notice of increase in rates. In addition, Inland Cellular reserves the right to change other terms and conditions contained herein upon 15 days written notice to the Customer.  In the event such change results in less favorable terms for the Customer or User, Customer may terminate this Contract without liability for the early termination service charge, by giving written notice of cancellation within 15 days after the date of the notice of such change. Not all rate plans are available in all areas.

OTHER TERMS

The same mobile identification number or mobile directory number may not appear in more than one cellular telephone.

Orders, including those which involve the startup, change or discontinuance of Service, will be accepted by Inland Cellular only from the Customer or Authorized Signer. Service shall not be used for any purpose in violation of laws.  Service shall not be used in such a manner as to interfere unreasonably with the use of the Service by one or more other Customers or Users. In the event the cellular telephone is stolen, the Customer is liable for all usage and toll charges originating from such Customer’s number until such time as the theft is reported to Inland Cellular.  Monthly charges continue until the Service is terminated.

Neither Customer, nor User, nor Authorized Signer is authorized to use, or to allow others to use, Inland Cellular’s trademarks or trade names without Inland Cellular’s express written consent.

MISCELLANEOUS

Customer, Users, and Authorized Signers agree not to assign their rights and obligations under this Service Order in whole or in part without the prior written approval of Inland Cellular, and that any attempt to do so constitutes a violation of the conditions of this Contract, for which Inland Cellular may terminate service.

Neither Customer nor User nor Authorized Signer is to act as an agent for, or legal representative of, Inland Cellular. Neither Customer nor User nor Authorized Signer shall have any authority to assume or create any obligation on behalf of, or in the name of, or that shall be binding upon, Inland Cellular.

The Customer agrees to pay Inland Cellular any attorney’s fee incurred by it due to the customer’s breach of any of the terms and conditions contained herein. Inland Cellular and Customer each waive, to the fullest extent allowed by law, any trial by jury. Instead, a judge will decide any dispute.

The validity, construction and performance of this Contract shall be governed by and interpreted in accordance with: a) the laws of the state encompassing the area code assigned to User’s mobile identification number without regard to the conflict of laws rules of that state; and b) the Federal Communications Commissions’ rules and regulations. If any part of this Contract is held invalid, that will not have any effect on any other part, unless Customer’s or Inland Cellular’s rights or obligations are materially impaired.

Inland Cellular Telephone Company (“Inland Cellular”) undertakes to provide cellular services under the terms and conditions and at the rates and charges specified. Cellular radio telecommunications service (herein “Service”) is furnished by Inland Cellular through facilities which are interconnected to the public switched telephone network and public internet.  By Inland Cellular providing Service to Customer, and by Customer accepting Service, a contract is established that creates rights and obligations among Inland Cellular and Customer (including, by extension, those Users and Authorized Signers as granted by Customer).  The terms “User”, “Customer” and “Authorized Signer” are used throughout the Service Order. A “Customer” is any individual or entity that has purchased Service and is financially responsible for the charges generated for use of Inland Cellular’s service and equipment. A “User” is any individual or entity that the Customer has authorized to use the Customer’s cellular phone and service. An “Authorized Signer” is any individual or entity that the Customer has authorized in writing to have full access to the Customer’s account, including charging equipment, changing rate plans or features, adding or subtracting service lines, etc. The Customer is responsible for all charges, including any charged equipment, service termination penalties, collections fees, taxes, surcharges, or other fees required by law or reasonably applied, generated through use of Inland Cellular’s Service and equipment by Customer, any User, or any Authorized Signer. Service is available to cellular telephones equipped for this Service when within the range of Inland Cellular’s cell sites.  Service is subject to transmission limitations caused by atmospheric, terrain and like conditions. Service may be temporarily refused or limited because of the cellular carrier’s system capacity limitations. Service to any or all Customers and Users may be temporarily interrupted or curtailed due to equipment modifications, upgrades, re-locations, repairs and similar activities necessary for the proper or improved operation of the service.

LIMITATION OF LIABILITY

INLAND CELLULAR’S SOLE LIABILITY TO ITS CUSTOMERS FOR INTERRUPTIONS IN THE SERVICE FURNISHED BY INLAND CELLULAR IS AS FOLLOWS:

WHEN THE SYSTEM IS RENDERED INOPERATIVE BY A CONTINUING SERVICE INTERRUPTION, A CREDIT ALLOWANCE WILL BE MADE AT EITHER THE CUSTOMER’S OR AUTHORIZED SIGNER’S REQUEST, IN THE FORM OF A PRO RATA ADJUSTMENT OF THE FIXED MONTHLY CHARGES BILLED BY INLAND CELLULAR.  THIS ADJUSTMENT SHALL CONSTITUTE INLAND CELLULAR’S FULL AND COMPLETE LIABILITY.

INLAND CELLULAR MAY PROVIDE AIRTIME CREDIT FOR ANY CALL THAT IS DISCONNECTED BY INLAND CELLULAR DUE TO INTERFERENCE WITH RADIO TRANSMISSION IF INLAND IS NOTIFIED OF THESE FACTS BY CUSTOMER OR AUTHORIZED SIGNER WITHIN 30 DAYS AFTER THE CALL IS DISCONNECTED. THIS CONSTITUTES INLAND CELLULAR’S FULL AND COMPLETE LIABILITY FOR DISCONNECTED CALLS.

A CREDIT ALLOWANCE WILL NOT BE GIVEN FOR INTERRUPTIONS CAUSED BY NEGLIGENCE OR WILLFUL ACT OF THE CUSTOMER, USER, OR AUTHORIZED SIGNER, OR INTERRUPTIONS CAUSED BY FAILURE OF EQUIPMENT OR SERVICES NOT PROVIDED BY INLAND CELLULAR.

INLAND CELLULAR SHALL IN NO EVENT BE LIABLE FOR INTERRUPTION OR DELAYS IN TRANSMISSION, OR ERRORS OR DEFECTS IN TRANSMISSION OR FAILURE TO TRANSMIT WHEN CAUSED BY ACTS OF GOD, FIRE, WAR, RIOTS, GOVERNMENT AUTHORITIES, FACILITIES SHORTAGES, ENVIRONMENTAL OR TERRAIN FACTORS, OR OTHER CAUSES BEYOND INLAND CELLULAR’S REASONABLE CONTROL.

INLAND CELLULAR’S LIABILITY, IF ANY, FOR ANY MISTAKE, OMISSION, INTERRUPTION, DELAY, ERROR, DEFECT OR OTHER FAILURE IN ITS OPERATION OF SERVICE OR EQUIPMENT, REGARDLESS OF THE THEORY, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, SHALL IN NO EVENT EXCEED THE AMOUNT OF INLAND CELLULAR’S PRORATED MONTHLY CHARGE TO CUSTOMER FOR SERVICE DURING THE PERIOD SO AFFECTED. INLAND CELLULAR AND CUSTOMER AGREE THAT NEITHER CUSTOMER, NOR ANY USER OR AUTHORIZED SIGNER, SHALL RECOVER PUNITIVE DAMAGES, TREBLE, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES.  IN NO EVENT SHALL INLAND CELLULAR BE LIABLE TO CUSTOMER AND/OR USERS, AUTHORIZED SIGNERS, ETC., FOR ANY AMOUNT ARISING OUT OF OR CONNECTED WITH THIS CONTRACT (EXCEPT AS SPECIFICALLY SET OUT HEREIN) OR FOR ANY COSTS, DELAYS OR ATTORNEYS’ FEES. INLAND CELLULAR HAS NO LIABILITY ARISING OUT OF UNAUTHORIZED USE OF ITS SERVICE.

INDEMNIFICATION

THE CUSTOMER AGREES TO INDEMNIFY INLAND CELLULAR FOR ANY CLAIMS BY THIRD PARTIES AGAINST INLAND CELLULAR ARISING OUT OF THE CUSTOMER’S RELATIONSHIP WITH INLAND CELLULAR. CUSTOMER AGREES TO INDEMNIFY INLAND CELLULAR FOR ANY CLAIMS AGAINST INLAND CELLULAR BY ANY USER OR AUTHORIZED SIGNER. 

TERMINATION OF SERVICE

A Customer may terminate Service by notifying Inland Cellular in writing, said termination effective upon receipt of such notice by Inland Cellular. Upon non-payment of any sum due Inland Cellular, upon Customer’s bankruptcy or insolvency, or upon a violation of any of the conditions of this Contract, Inland Cellular may, by written notice to the Customer, without incurring any liability, either temporarily discontinue Service or terminate the Contract. Service may be refused, discontinued or the Contract terminated without notice in the event that Service is used in such a manner that will adversely affect Inland Cellular’s Service to others. Users must reside in the Home Service Area in order to be eligible for Service both at start of Service and while Customer continues to use Service. Relocation to anywhere outside of our Home Service Area will result in termination of service. Whether the Customer or Inland Cellular terminates service as described above, the Customer is responsible for payment of outstanding charges for the period Service was rendered, and any remaining money on Customer’s account will be forfeited to Inland Cellular

Inland Cellular may terminate Service upon 30 days written notice when it is terminating the rate plan under which Customer or User is provided service. In the event Inland Cellular notifies Customer that Customer’s service will be terminated, Customer agrees that Inland Cellular may notify Users, for which Customer is responsible, by telephone, telephone intercept or otherwise, as to how Users may maintain Inland Cellular service after the termination of the Contract. To minimize the impact on its Users, Customer agrees to cooperate to enable its Users to continue receiving cellular telephone service from Inland Cellular with minimal disruption after termination. Customer will remain solely responsible for its pre-termination obligations to its Users. Customer will remain responsible to Inland Cellular for charges incurred.

CELLULAR TELEPHONE

Inland Cellular is not responsible for the operation, quality of transmissions or maintenance of any cellular telephone. Inland Cellular is not responsible for installation unless Inland Cellular agrees to install the cellular telephone. In the event Inland Cellular installs the cellular telephone, Inland Cellular’s liability for improper installation is spelled out in the Installation Order, the substance of which is incorporated into this Service Order. Customer and User agree that this Service Order does not enlarge Inland Cellular’s liability for improper installation.

The Customer or User must provide and maintain all cellular telephone equipment and ensure that it is technically and operationally compatible with the cellular system and in compliance with applicable Federal Communications Commission rules and regulations.

Inland Cellular makes no representations or warranties, express or implied, including any implied warranty of merchantability or fitness for a particular purpose concerning the CELLULAR TELEPHONE. The manufacturer of the CELLULAR TELEPHONE provides a separate written WARRANTY THAT outlines the manufacturer’s liability for its equipment.

The operating characteristics of such equipment shall be such as not to interfere with the Service offered by Inland Cellular.

MOBILE IDENTIFICATION NUMBER

Upon written notice to the Customer, Inland Cellular shall have the right to change mobile identification number. Customer and User agree that Customer and User shall acquire no proprietary interest in any mobile identification number.

RATES, CHARGES AND PAYMENT

The Customer is solely responsible to pay Inland Cellular, regardless if charges are incurred by User, Authorized Signer, or Customer, for all toll charges resulting from the origination of cellular calls to points outside the cellular local area, collect calls, incoming calls and calls billed to the Customer’s mobile identification number, land line charges, roaming charges incurred by using another system, regulatory charges imposed on Inland Cellular and surcharges, taxes assessed or governmental fees imposed by any local, state or Federal government or governmental agency with respect to the services provided. Customer also agrees to pay any charges incurred by utilization of enhanced or special services, if available, (including but not limited to time, weather, operator or directory assistance, call dialing, calling card use, call forwarding, automatic call delivery, short message service, data service, and downloads). These charges are in addition to the charges for usage.  Customer is also responsible for any equipment charges, services, prorates, taxes and surcharges authorized by Customer or an Authorized Signer. Customer acknowledges that toll service is provided through Inland Cellular.

Inland Cellular reserves the right to change any and all rates contained herein upon 15 days written notice to the Customer.  In addition, Inland Cellular reserves the right to change other terms and conditions contained herein upon 15 days written notice to the Customer.  Not all rate plans are available in all areas.

OTHER TERMS

Money that is paid into Customer’s prepaid (Fuel) account may not be returned or refunded to customer.

The same mobile identification number or mobile directory number may not appear in more than one cellular telephone.

Orders, including those which involve the startup, change or discontinuance of Service, will be accepted by Inland Cellular only from the Customer or Authorized Signer. Service shall not be used for any purpose in violation of laws.  Service shall not be used in such a manner as to interfere unreasonably with the use of the Service by one or more other Customers or Users. In the event the cellular telephone is stolen, the Customer is liable for all usage and toll charges originating from such Customer’s number until such time as the theft is reported to Inland Cellular.  Monthly charges continue until the Service is terminated.

Neither Customer, nor User, nor Authorized Signer is authorized to use, or to allow others to use, Inland Cellular’s trademarks or trade names without Inland Cellular’s express written consent. 

MISCELLANEOUS

Customer, Users, and Authorized Signers agree not to assign their rights and obligations in whole or in part without the prior written approval of Inland Cellular, and that any attempt to do so constitutes a violation of the conditions of this Contract, for which Inland Cellular may terminate service.

Neither Customer nor User nor Authorized Signer is to act as an agent for, or legal representative of, Inland Cellular. Neither Customer nor User nor Authorized Signer shall have any authority to assume or create any obligation on behalf of, or in the name of, or that shall be binding upon, Inland Cellular.

The Customer agrees to pay Inland Cellular any attorney’s fee incurred by it due to the customer’s breach of any of the terms and conditions contained herein. Inland Cellular and Customer each waive, to the fullest extent allowed by law, any trial by jury. Instead, a judge will decide any dispute.

The validity, construction and performance of this Contract shall be governed by and interpreted in accordance with: a) the laws of the state encompassing the area code assigned to User’s mobile identification number without regard to the conflict of laws rules of that state; and b) the Federal Communications Commissions’ rules and regulations. If any part of this Contract is held invalid, that will not have any effect on any other part, unless Customer’s or Inland Cellular’s rights or obligations are materially impaired.

Lifeline Terms and Conditions

By participating in the Lifeline program, the support received is not actual payment to the Certifying Subscriber (“Subscriber”) but a discount on the monthly billed service. The Subscriber must fully understand the calling plan chosen. Participating in Lifeline does not protect the Subscriber from collection procedures if the phone bill is not paid. The Lifeline discount, as well as the criteria for participation in the Lifeline Program, may change from time to time and Subscribers who previously qualified may no longer qualify, or the amount of support may increase or decrease.

The Subscriber agrees to the following: (i) the service is for Subscriber and not a member of the household; (ii) the Subscriber is not listed as a dependent on someone else’s tax return; and, (iii) the service address is Subscriber’s primary residence. The service received from Inland Cellular must be Subscriber’s main line of service and Subscriber nor anyone in Subscriber’s household may receive Lifeline Support for any other telecommunications service. Subscriber must notify Inland Cellular if they are receiving more than one Lifeline supported service, or if another member of their household is receiving Lifeline support. As the Certifying Subscriber claiming income eligibility, Subscriber must certify that the documentation provided accurately represents: (i) Subscriber’s household income and the number of persons in household, or, (ii) proof of participation in an eligible program.

Subscriber must notify Inland Cellular within 30 days:

• If for any reason Subscriber no longer participates in any of the eligible programs or qualify by income; and/or,
• If Subscriber moves from the address provided on the form. If Subscriber’s address is temporary, they must verify their address with Inland Cellular every 90 days. If Subscriber fails to respond to an attempt to verify their address within 30 days, Lifeline support may be terminated.

If Subscriber fails to give notice as required, they will be subject to penalties; including de-enrollment, being barred from the program, and fines and imprisonment.

Lifeline support is not transferable and Subscriber may not transfer service to any individual, including another eligible Lifeline support recipient. If service goes unused for 60 days, service will be suspended subject to a 30 day period in which service may be used or Inland Cellular is contacted to confirm that Subscriber wants to continue receiving the service.

Further, Subscriber understands that in order to continue to receive this support, they must annually, or more often, certify eligibility and provide proof of eligibility. Subscriber understands that failure to timely re-certify will result in de-enrollment and termination of Lifeline benefits.

Further, Subscriber understands that Lifeline is a federal benefit program that provides a monthly discount on either home or mobile telephone services and ONLY ONE Lifeline discount is allowed per household. Members of a household are not permitted to receive Lifeline support from multiple communications companies. Violation of the one- per-household requirement will result in de-enrollment from the program and possible fines and imprisonment.

The Lifeline Program is administered by the Universal Service Administration Company (USAC) under the guidance and authority of the Federal Communications Commission (FCC) and that all of the information supplied by Subscriber pertaining to eligibility will be shared with USAC and the FCC.

Terms & Conditions (Broadband Internet Services)

Inland Cellular LLC (“Inland Cellular” or “Emerge Technologies”) undertakes to provide broadband internet services under the terms and conditions and at the rates and charges on your Service Order. Broadband internet service, via fixed wireless broadcast, copper wire cable, or fiber optic cable (herein “Service”) is furnished by Inland Cellular through facilities which are interconnected to the public internet.  The Service Order is a contract that creates rights and obligations among Inland Cellular and Customer (including, by extension, those Users and Authorized Signers as granted by Customer). The terms “User”, “Customer” and “Authorized Signer” are used throughout. A “Customer” is any individual or entity that has signed the Service Order and is financially responsible for the charges generated for use of Inland Cellular’s service and equipment. A “User” is any individual or entity that the Customer has allowed to use the Service. An “Authorized Signer” is any individual or entity that the Customer has authorized in writing to have full access to the Customer’s account, including charging equipment, changing rate plans or features, adding or subtracting services, etc. The Customer is responsible for all charges, including any charged equipment, service termination penalties, collections fees, taxes, surcharges, or other fees required by law or reasonably applied, generated through use of Inland Cellular’s service and equipment by Customer, any User, or any Authorized Signer. Service is subject to transmission limitations caused by atmospheric, terrain and like conditions. Service may be temporarily refused or limited because of the system’s capacity limitations. Service to any or all Customers and Users may be temporarily interrupted or curtailed due to equipment modifications, upgrades, re-locations, repairs and similar activities necessary for the proper or improved operation of the service.

LIMITATION OF LIABILITY

INLAND CELLULAR’S SOLE LIABILITY TO ITS CUSTOMERS FOR INTERRUPTIONS IN THE SERVICE FURNISHED BY INLAND CELLULAR IS AS FOLLOWS:

WHEN THE SYSTEM IS RENDERED INOPERATIVE BY A CONTINUING SERVICE INTERRUPTION, A CREDIT ALLOWANCE WILL BE MADE AT EITHER THE CUSTOMER’S OR AUTHORIZED SIGNER’S REQUEST, IN THE FORM OF A PRO RATA ADJUSTMENT OF THE FIXED MONTHLY CHARGES BILLED BY INLAND CELLULAR.  THIS ADJUSTMENT SHALL CONSTITUTE INLAND CELLULAR’S FULL AND COMPLETE LIABILITY.

A CREDIT ALLOWANCE WILL NOT BE GIVEN FOR INTERRUPTIONS CAUSED BY NEGLIGENCE OR WILLFUL ACT OF THE CUSTOMER, USER, OR AUTHORIZED SIGNER, OR INTERRUPTIONS CAUSED BY FAILURE OF EQUIPMENT OR SERVICES NOT PROVIDED BY INLAND CELLULAR.

INLAND CELLULAR SHALL IN NO EVENT BE LIABLE FOR INTERRUPTION OR DELAYS IN TRANSMISSION, OR ERRORS OR DEFECTS IN TRANSMISSION OR FAILURE TO TRANSMIT WHEN CAUSED BY ACTS OF GOD, FIRE, WAR, RIOTS, GOVERNMENT AUTHORITIES, FACILITIES SHORTAGES, ENVIRONMENTAL OR TERRAIN FACTORS, OR OTHER CAUSES BEYOND INLAND CELLULAR’S REASONABLE CONTROL.

INLAND CELLULAR’S LIABILITY, IF ANY, FOR ANY MISTAKE, OMISSION, INTERRUPTION, DELAY, ERROR, DEFECT OR OTHER FAILURE IN ITS OPERATION OF SERVICE OR EQUIPMENT, REGARDLESS OF THE THEORY, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, SHALL IN NO EVENT EXCEED THE AMOUNT OF INLAND CELLULAR’S PRORATED MONTHLY CHARGE TO CUSTOMER FOR SERVICE DURING THE PERIOD SO AFFECTED. INLAND CELLULAR AND CUSTOMER AGREE THAT NEITHER CUSTOMER, NOR ANY USER OR AUTHORIZED SIGNER, SHALL RECOVER PUNITIVE DAMAGES, TREBLE, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES.  IN NO EVENT SHALL INLAND CELLULAR BE LIABLE TO CUSTOMER AND/OR USERS, AUTHORIZED SIGNERS, ETC., FOR ANY AMOUNT ARISING OUT OF OR CONNECTED WITH THIS SERVICE (EXCEPT AS SPECIFICALLY SET OUT HEREIN) OR FOR ANY COSTS, DELAYS OR ATTORNEYS’ FEES. INLAND CELLULAR HAS NO LIABILITY ARISING OUT OF UNAUTHORIZED USE OF ITS SERVICE.

INDEMNIFICATION

THE CUSTOMER AGREES TO INDEMNIFY INLAND CELLULAR FOR ANY CLAIMS BY THIRD PARTIES AGAINST INLAND CELLULAR ARISING OUT OF THE CUSTOMER’S RELATIONSHIP WITH INLAND CELLULAR. CUSTOMER AGREES TO INDEMNIFY INLAND CELLULAR FOR ANY CLAIMS AGAINST INLAND CELLULAR BY ANY USER OR AUTHORIZED SIGNER.

TERMINATION OF SERVICE

A Customer may terminate Service by notifying Inland Cellular, effective upon receipt of notice by Inland Cellular. Upon non-payment of any sum due Inland Cellular, upon Customer’s bankruptcy or insolvency, or upon a violation of any of the conditions of these Terms and Conditions, Inland Cellular may, by written notice to the Customer, without incurring any liability, either temporarily discontinue Service or terminate the Service. Service may be refused, discontinued or terminated without notice in the event that Service is used in such a manner that will adversely affect Inland Cellular’s Service to others. If termination occurs prior to expiration of the contract period selected (if any), Customer will be responsible for payment to Inland Cellular for the early termination charge (if any).

Inland Cellular may terminate Service upon 30 days written notice when it is terminating the rate plan under which Customer or User is provided service. In the event that the entire rate plan is terminated by Inland Cellular, Customer or User will not be responsible for any early termination charges but will remain responsible for all other charges incurred. Customer will remain responsible to Inland Cellular for charges incurred and the repayment of the early termination service charge, if any, if termination occurs prior to expiration of the contract period selected.

DEPOSITS

If a deposit is required by Inland Cellular, the Customer shall make a deposit to be held by Inland Cellular as a guarantee of the payment of charges.  The amount of this deposit shall be reasonably determined by Inland Cellular at its sole option and may be increased from time to time. Interest will not accrue on the deposit amount. Upon termination of Service, Inland Cellular may apply said deposit against Customer’s bill.

CONNECTED DEVICES

Customer is required to maintain all computing devices connected to Inland Cellular’s networks and Inland Cellular’s subscriber’s networks free of viruses, worms, Trojan horses and any other malware that interferes with any other customer’s service or the normal operation of the network. This may require the purchase, installation and weekly updating of a major, third party anti-virus software, AND regular operating system updates to repair the constant stream of new flaws discovered. The Customer’s failure to keep its system(s) pest free and patched may result in suspension of service at Inland’s sole discretion and may result in cancellation of service for repeat violations.

STATIC IP ADDRESSES

Upon written notice to the Customer, Inland Cellular shall have the right to change a customer’s static IP Address. Customer and User agree that Customer and User shall acquire no proprietary interest in any IP Address.

RATES, CHARGES AND PAYMENT

The Customer is solely responsible to pay Inland Cellular all regulatory charges imposed on Inland Cellular and surcharges, taxes assessed or governmental fees imposed by any local, state or Federal government or governmental agency with respect to the services provided. Customer is also responsible for any equipment charges, services, prorates, taxes and surcharges authorized by Customer or an Authorized Signer.

Inland Cellular reserves the right to change any and all rates contained herein upon 15 days written notice to the Customer.  In the event such change results in a price increase of the monthly access rate or reduced maximum data speeds, Customer may terminate this Service without liability for early termination of service charge, by giving written notice of cancellation within 15 days after the date of the notice of increase in rates. In addition, Inland Cellular reserves the right to change other terms and conditions contained herein upon 15 days written notice to the Customer.  In the event such change results in less favorable terms for the Customer or User, Customer may terminate this Service without liability for the early termination service charge, by giving written notice of cancellation within 15 days after the date of the notice of such change. Not all rate plans are available in all areas.

OTHER TERMS

Orders, including those which involve the startup, change or discontinuance of Service, will be accepted by Inland Cellular only from the Customer or Authorized Signer. Service shall not be used for any purpose in violation of laws.  Service shall not be used in such a manner as to interfere unreasonably with the use of the Service by one or more other Customers or Users.

Neither Customer, nor User, nor Authorized Signer is authorized to use, or to allow others to use, Inland Cellular’s trademarks or trade names without Inland Cellular’s express written consent.

MISCELLANEOUS

Customer, Users, and Authorized Signers agree not to assign their rights and obligations under the Service Order in whole or in part without the prior written approval of Inland Cellular, and that any attempt to do so constitutes a violation of the conditions of these Terms and Conditions, for which Inland Cellular may terminate service.

Neither Customer nor User nor Authorized Signer is to act as an agent for, or legal representative of, Inland Cellular. Neither Customer nor User nor Authorized Signer shall have any authority to assume or create any obligation on behalf of, or in the name of, or that shall be binding upon, Inland Cellular.

The Customer agrees to pay Inland Cellular any attorney’s fee incurred by it due to the customer’s breach of any of the terms and conditions contained herein. Inland Cellular and Customer each waive, to the fullest extent allowed by law, any trial by jury. Instead, a judge will decide any dispute.

The validity, construction and performance of these Terms and Conditions shall be governed by and interpreted in accordance with: a) the laws of the state in which the Service is utilized, without regard to the conflict of laws rules of that state; and b) the Federal Communications Commissions’ rules and regulations. If any part of these Terms and Conditions is held invalid, that will not have any effect on any other part, unless Customer’s or Inland Cellular’s rights or obligations are materially impaired.

Any text, picture, video, graphic, or other electronic file that is posted, uploaded, linked to, or otherwise made available via this Website by a User of this Website is User Content. You are solely responsible for the User Content that you post, upload, link to, or otherwise make available via this Website.

Inland Cellular reserves the right to remove any User Content from the Website at its discretion.

The following rules pertain to User Content. Transmitting and submitting any User Content while using the Website constitutes your acceptance of and agreement in full to the User Content Upload Terms of Use.

You will not submit content that is libelous, slanderous, malicious, unlawful, prohibited by these Terms and Conditions, intimidating, threatening, harassing, defamatory, obscene, indecent, infringing, unsolicited and commercial, soliciting the performance of any illegal activity, or infringing upon the rights of Inland Cellular.

You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and

You hereby affirm Inland Cellular has the right to determine whether any of your User Content submissions are appropriate.

You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available is solely your responsibility. Inland Cellular is not responsible for any public display or misuse of your User Content. Inland Cellular does not, and cannot, pre-screen or monitor all User Content.  However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service.

Opinions, advice, statements, offers, or other information or content made available through the Website, but not directly by Inland Cellular, are those of their respective authors, and should not necessarily be relied upon.  Such authors are solely responsible for such content and Inland Cellular does not guarantee the accuracy, completeness, or usefulness of any information on the Website and neither does Inland Cellular adopt nor endorse, nor is Inland Cellular responsible for the accuracy or reliability of any opinion, advice, or statement made by parties other than Inland Cellular.  Inland Cellular takes no responsibility and assumes no liability for any User Content that you or any other user or third party submits.  Under no circumstances will Inland Cellular be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to users.

Though Inland Cellular strives to enforce these Terms of Use, you may be exposed to User Content that is inaccurate or objectionable, and you agree that Inland Cellular has no liability is such case for User Content.

Please note that any User Content posted to any Inland Cellular Website may be used by Inland Cellular for commercial purposes and may be copied or exported and published elsewhere on the internet or otherwise, so please exercise discretion in deciding what to submit.

Be aware that Inland Cellular has no control over User Content once it leaves our Website, and it is possible that others may duplicate material found on Inland Cellular’s Website, including, but not limited to, posting it on other sites on the Internet.

You further agree not to post any content or mechanism that attempts to gain access to restricted areas of Inland Cellular’s Website, collect or solicit passwords or personal information from other users, or engage in commercial activities via Inland Cellular’s Website.

In addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of “spam.” You further agree not to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; intentionally or unintentionally violate any applicable local, state, national or international law; or collect or store personally identifiable data about other users.

TERMS AND CONDITIONS – Hosted Unified Communication Service Inland Cellular, LLC (“Inland Cellular”) undertakes to provide Hosted Unified Communication Services (“UC Service”) under the terms and conditions and at the rates and charges on your Service Order. UC Service is provided by Inland Cellular through a third party contractor and is interconnected to the public switched telephone network and the public internet. This Service Order is a contract that creates rights and obligations among Inland Cellular and Customer (including, by extension, those Users and Authorized Signers as granted by Customer). Thus, the Service Order is referred to both as “Service Order” and “Contract” throughout. The terms “User”, “Customer” and “Authorized Signer” are used throughout the Service Order. A “Customer” is any individual or entity that has signed the Service Order and is financially responsible for the charges generated for use of Inland Cellular’s service and equipment. A “User” is any individual or entity that the Customer has authorized to use the Customer’s phone and service. An “Authorized Signer” is any individual or entity that the Customer has authorized in writing to have full access to the Customer’s account, including charging equipment, changing rate plans or features, adding or subtracting service lines, etc. The Customer is responsible for all charges, including any charged equipment, service termination penalties, collections fees, taxes, surcharges, or other fees required by law or reasonably applied, generated through use of Inland Cellular’s UC Service and equipment by Customer, any User, or any Authorized Signer. Service is subject to limitations caused by Customer Premises Equipment (“CPE”), Customer’s network connections, and Customer’s Internet Service Provider (“ISP”). Service interruptions due to CPE, Customer’s network, or Customer’s ISP are beyond the control of Inland Cellular. LIMITATION OF LIABILITY INLAND CELLULAR’S SOLE LIABILITY TO ITS CUSTOMERS FOR INTERRUPTIONS IN THE SERVICE FURNISHED BY INLAND CELLULAR IS AS FOLLOWS: WHEN THE SYSTEM IS RENDERED INOPERATIVE BY A CONTINUING SERVICE INTERRUPTION, A CREDIT ALLOWANCE WILL BE MADE AT EITHER THE CUSTOMER’S OR AUTHORIZED SIGNER’S REQUEST, IN THE FORM OF A PRO RATA ADJUSTMENT OF THE FIXED MONTHLY CHARGES BILLED BY INLAND CELLULAR. THIS ADJUSTMENT SHALL CONSTITUTE INLAND CELLULAR’S FULL AND COMPLETE LIABILITY. A CREDIT ALLOWANCE WILL NOT BE GIVEN FOR INTERRUPTIONS CAUSED BY NEGLIGENCE OR WILLFUL ACT OF THE CUSTOMER, USER, OR AUTHORIZED SIGNER, OR INTERRUPTIONS CAUSED BY FAILURE OF EQUIPMENT OR SERVICES NOT PROVIDED BY INLAND CELLULAR. INLAND CELLULAR SHALL IN NO EVENT BE LIABLE FOR INTERRUPTION OR DELAYS IN TRANSMISSION, OR ERRORS OR DEFECTS IN TRANSMISSION OR FAILURE TO TRANSMIT WHEN CAUSED BY ACTS OF GOD, FIRE, WAR, RIOTS, GOVERNMENT AUTHORITIES, FACILITIES SHORTAGES, ENVIRONMENTAL OR TERRAIN FACTORS, OR OTHER CAUSES BEYOND INLAND CELLULAR’S REASONABLE CONTROL. INLAND CELLULAR’S LIABILITY, IF ANY, FOR ANY MISTAKE, OMISSION, INTERRUPTION, DELAY, ERROR, DEFECT OR OTHER FAILURE IN ITS OPERATION OF SERVICE OR EQUIPMENT, REGARDLESS OF THE THEORY, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, SHALL IN NO EVENT EXCEED THE AMOUNT OF INLAND CELLULAR’S PRORATED MONTHLY CHARGE TO CUSTOMER FOR SERVICE DURING THE PERIOD SO AFFECTED. INLAND CELLULAR AND CUSTOMER AGREE THAT NEITHER CUSTOMER, NOR ANY USER OR AUTHORIZED SIGNER, SHALL RECOVER PUNITIVE DAMAGES, TREBLE, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES. IN NO EVENT SHALL INLAND CELLULAR BE LIABLE TO CUSTOMER AND/OR USERS, AUTHORIZED SIGNERS, ETC., FOR ANY AMOUNT ARISING OUT OF OR CONNECTED WITH THIS CONTRACT (EXCEPT AS SPECIFICALLY SET OUT HEREIN) OR FOR ANY COSTS, DELAYS OR ATTORNEYS’ FEES. INLAND CELLULAR HAS NO LIABILITY ARISING OUT OF UNAUTHORIZED USE OF ITS SERVICE. E911 CUSTOMER ACKNOWLEDGES THAT THIS SERVICE AND EQUIPMENT DO NOT SUPPORT 911 EMERGENCY DIALING OR OTHER EMERGENCY FUNCTIONS IN THE SAME WAY THAT TRADITIONAL WIRELINE 911 SERVICES WORK. CUSTOMER AGREES TO NOTIFY ALL OF THEIR POTENTIAL USERS, WHO MAY PLACE CALLS USING CUSTOMER'S SERVICES, OF THE 911 LIMITATIONS. Phone system will not work, and therefore 911 services will not work, if: there is no electrical power to phone; there is an interruption in Customer’s internet service; or, phone hardware and internet connections are not properly maintained. E911 service is tied to the customer’s registered service address associated with the assigned phone number; customer is responsible for providing Inland Cellular with address information for customer’s users. In the event that the registered service address associated with the assigned phone number is incorrect, is outdated, or is not complete, a 911 call may be routed incorrectly. The local emergency service operator receiving E911 emergency service calls may not have a system configured for E911 services or be able to capture and/or retain automatic number or location information. This means that the operator may not know the phone number or physical location of the person who is making the E911 call. Due to technical factors in network design, and in the event of network congestion on the provider network, there is a possibility that a 911 call will produce a busy signal, the caller will experience unexpected answering wait times or the local emergency service operator will take longer to answer the call than 911 calls placed via traditional, circuit-switched telephone networks. CUSTOMER AGREES THAT INLAND CELLULAR WILL NOT BE LIABLE FOR ANY SERVICE OUTAGE OR INABILITY TO DIAL 911 OR ANY OTHER EMERGENCY TELEPHONE NUMBER USING A INLAND CELLULAR SERVICE OR TO ACCESS OR REACH AN EMERGENCY SERVICE OPERATOR DUE TO THE 911 DIALING CHARACTERISTICS AND LIMITATIONS SET FORTH IN THIS AGREEMENT. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS INLAND CELLULAR, ITS OWNERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS, AND ANY OTHER SERVICE INLAND CELLULAR WHO FURNISHES SERVICES TO CUSTOMER OR A USER IN CONNECTION WITH THE SERVICES, FROM ANY AND ALL CLAIMS, ACTIONS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) BY, OR ON BEHALF OF, CUSTOMER OR ANY THIRD PARTY OR USER OF THE SERVICE RELATING TO 911 DIALING OR THE INABILITY TO ACCESS OR REACH EMERGENCY 911 SERVICES. INDEMNIFICATION THE CUSTOMER AGREES TO INDEMNIFY INLAND CELLULAR FOR ANY CLAIMS BY THIRD PARTIES AGAINST INLAND CELLULAR ARISING OUT OF THE CUSTOMER’S RELATIONSHIP WITH INLAND CELLULAR. CUSTOMER AGREES TO INDEMNIFY INLAND CELLULAR FOR ANY CLAIMS AGAINST INLAND CELLULAR BY ANY USER OR AUTHORIZED SIGNER. TERMINATION OF SERVICE A Customer may terminate Service by notifying Inland Cellular in writing. Upon non-payment of any sum due Inland Cellular, upon Customer’s bankruptcy or insolvency, or upon a violation of any of the conditions of this Contract, Inland Cellular may, by written notice to the Customer, without incurring any liability, either temporarily discontinue Service or terminate the Contract. Service may be refused, discontinued or the Contract terminated without notice in the event that Service is used in such a manner that will adversely affect Inland Cellular’s Service to others. If termination occurs prior to expiration of the contract period selected on the front of this form, Customer will be responsible for payment to Inland Cellular for the early termination charge which is the Service Termination Fee amount shown on the front of this form. DEPOSITS If a deposit is required by Inland Cellular, the Customer shall make a deposit to be held by Inland Cellular as a guarantee of the payment of charges. The amount of this deposit shall be reasonably determined by Inland Cellular at its sole option and may be increased from time to time. Interest will not accrue on the deposit amount. Upon termination of Service, Inland Cellular may apply said deposit against Customer’s bill. TELEPHONES AND OTHER DEVICES Inland Cellular is not responsible for the operation, quality of transmissions or maintenance of any telephone. Inland Cellular is not responsible for installation unless Inland Cellular agrees to install the telephone. In the event Inland Cellular installs the telephone, Inland Cellular’s liability for improper installation is spelled out in the Installation Order, the substance of which is incorporated into this Service Order. Customer and User agree that this Service Order does not enlarge Inland Cellular’s liability for improper installation. INLAND CELLULAR MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING THE TELEPHONE OR OTHER DEVICE. THE MANUFACTURER OF THE TELEPHONE OR OTHER DEVICE PROVIDES A SEPARATE WRITTEN WARRANTY THAT OUTLINES THE MANUFACTURER’S LIABILITY FOR ITS EQUIPMENT. RATES, CHARGES AND PAYMENT The Customer is solely responsible to pay Inland Cellular, regardless if charges are incurred by User, Authorized Signer, or Customer, for all charges resulting from use of the service, regulatory charges imposed on Inland Cellular and surcharges, taxes assessed or governmental fees imposed by any local, state or Federal government or governmental agency with respect to the services provided. Customer is also responsible for any equipment charges, services, prorates, taxes and surcharges authorized by Customer or an Authorized Signer. Inland Cellular reserves the right to change any and all rates contained herein upon 15 days written notice to the Customer. In the event such change results in a price increase of the monthly access rate or additional minutes, messages, or data rates, Customer may terminate this Contract without liability for early termination of service charge, by giving written notice of cancellation within 15 days after the date of the notice of increase in rates. In addition, Inland Cellular reserves the right to change other terms and conditions contained herein upon 15 days written notice to the Customer. In the event such change results in less favorable terms for the Customer or User, Customer may terminate this Contract without liability for the early termination service charge, by giving written notice of cancellation within 15 days after the date of the notice of such change. Not all rate plans are available in all areas. OTHER TERMS Orders, including those which involve the startup, change or discontinuance of Service, will be accepted by Inland Cellular only from the Customer or Authorized Signer. Service shall not be used for any purpose in violation of laws. Service shall not be used in such a manner as to interfere unreasonably with the use of the Service by one or more other Customers or Users. Neither Customer, nor User, nor Authorized Signer is authorized to use, or to allow others to use, Inland Cellular’s trademarks or trade names without Inland Cellular’s express written consent. MISCELLANEOUS Customer, Users, and Authorized Signers agree not to assign their rights and obligations under this Service Order in whole or in part without the prior written approval of Inland Cellular, and that any attempt to do so constitutes a violation of the conditions of this Contract, for which Inland Cellular may terminate service. Neither Customer nor User nor Authorized Signer is to act as an agent for, or legal representative of, Inland Cellular. Neither Customer nor User nor Authorized Signer shall have any authority to assume or create any obligation on behalf of, or in the name of, or that shall be binding upon, Inland Cellular. The Customer agrees to pay Inland Cellular any attorney’s fee incurred by it due to the customer’s breach of any of the terms and conditions contained herein. Inland Cellular and Customer each waive, to the fullest extent allowed by law, any trial by jury. Instead, a judge will decide any dispute. The validity, construction and performance of this Contract shall be governed by and interpreted in accordance with: a) the laws of the state encompassing the area code assigned to User’s mobile identification number without regard to the conflict of laws rules of that state; and b) the Federal Communications Commissions’ rules and regulations. If any part of this Contract is held invalid, that will not have any effect on any other part, unless Customer’s or Inland Cellular’s rights or obligations are materially impaired.

AN IMPORTANT MESSAGE ABOUT THE PRIVACY OF YOUR CUSTOMER INFORMATION (CUSTOMER PROPRIETARY NETWORK INFORMATION OR CPNI)

The protection of our customers’ privacy is of utmost importance to everyone at Inland Cellular. Please take a moment to read the following important message about the privacy of your customer information.

What is CPNI? Your CPNI includes information about your telephone calls, messaging, and data sessions, such as the time, date, duration and destination. It also includes the type of service you subscribe to, and other information on your monthly bill. It does not include your phone number, name or address.

Inland Cellular is required to safeguard your CPNI. The FCC prohibits us from releasing your CPNI except as required by law or with your approval. The FCC also prevents us from releasing CPNI to you by telephone, unless you provide a password. Otherwise, we may only send it to the address of record, or release it to you by calling the phone number of record. We may release CPNI to you in person if you provide valid identification.

Inland Cellular does not share CPNI or other non-CPNI customer information with anyone, except: you or another person authorized by you; as required by law; or, as required to provide the service for which you have subscribed.

If you have any questions about your customer information, please contact us at 800-248-8822 or cellinfo@inlandcellular.com.

Thank you for choosing Inland Cellular as your wireless service provider. We appreciate your business!

Inland Cellular respects the intellectual property rights of third parties. Accordingly, you may not use Inland Cellular services in any manner that constitutes an infringement of third party intellectual property rights, including under all copyright laws. The Digital Millennium Copyright Act of 1998 (DMCA) is a federal law that protects copyrighted material. See 17 USC § 512. The DMCA makes it illegal to copy and distribute copyrighted material (free or for a fee). The DMCA provides recourse for owners of copyrighted material who believe their rights under copyright laws have been violated.

Under the DMCA, as a provider of transitory digital network communications service, Inland Cellular is required by federal law to adopt and reasonably implement, a policy of terminating, in appropriate circumstances, the accounts of customers who are repeat copyright infringers. Inland Cellular has a policy to review copyright complaints received involving its customers. Inland Cellular will suspend or terminate, in appropriate circumstances, the service provided to any user who is deemed to infringe third party intellectual property rights, including a repeat infringer who exhibits a pattern of excessive and consistent abuse of copyrighted material.

Inland Cellular expressly reserves the right to suspend, terminate or take other interim action regarding the service of any user or account holder if Inland Cellular in its sole judgment, believes that circumstances relating to an infringement of third party intellectual property rights warrant such action. These policies are in addition to and do not affect or modify any other rights Inland Cellular may have under law or contract.

It is important to note that resolving copyright infringement is a legal matter between the consumer and the copyright owner. Inland Cellular cannot provide legal advice.

DMCA Notification of Claimed Infringement

If you believe that copyrighted material has been used in violation of this policy or otherwise been made available in a manner that is not authorized by the copyright owner, its agent or the law, you may submit a notification in writing to Inland Cellular’ s Designated Agent:

Mike Bly, Designated Agent

Inland Cellular

1112 36th Street North

Lewiston, ID 83501

208-798-0245

dmca@inlandcell.com

Inland Cellular will process notifications of claimed infringement under the DMCA. Notifications must comply with the requirements of the DMCA and be in writing, provided to the Designated Agent, and include substantially the following information:

· Your physical or electronic signature.

· Identification of the copyrighted work you believe to have been infringed, or, if the claim involves multiple works, a representative list of such works.

· Identification of the material you claim to be infringing or to be the subject of infringing activity, in a sufficiently precise manner to locate the material.

· Information reasonably sufficient to permit us to contact you (including, name, address, telephone number, and, if available, an electronic mail address).

· A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.

· A statement that the information in the notification is accurate.

· A statement, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

Upon receipt of such written notification from the complaining party, in accordance with the DMCA, Inland Cellular will take reasonable steps to forward the written notification to the allegedly infringing subscriber to notify the subscriber that Inland Cellular has received a notice of claimed infringement.

DMCA Counter Notifications

If a notification of claimed infringement has been filed against you, you can file a written counter notification with Inland Cellular’s designated agent (listed above). All counter notifications must comply with the requirements of the DMCA and include substantially the following information:

· Your physical or electronic signature.

· Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.

· Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).

· A statement under penalty of perjury that you have a good faith belief that the material removed or disabled was a result of a mistake or misidentification of such material.

· A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Inland Cellular may be found, and that

you will accept service of process from the person, or the person’s agent, who provided the notification under the DMCA.

Please be aware that if you knowingly materially misrepresent that material or activity was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

Upon receipt of an appropriate written counter notification from the subscriber, Inland Cellular will provide the person who provided the notification under DMCA with a copy of the counter notification.

Subscriber Contact Information

Any notifications sent by Inland Cellular to subscribers will be in writing, and sent by e-mail to the subscriber’s email address of record or sent to the subscriber’s mailing address of record. Subscribers are responsible to promptly provide notification to Inland Cellular of any change in contact information.

Inland Cellular may, but is not required to, monitor your compliance, or the compliance of other subscribers, with the terms, conditions or policies of Inland Cellular’ s service and AUP.

Regulatory Cost Recovery Surcharge: This fee helps defray the expense of meeting federally mandated regulations and charges, including (but not limited to): Wireless Number Portability and Pooling, number administration, CALEA (Communications Assistance for Law Enforcement Act), wireless 911 services, and other programs. This is not a tax or charge the government requires us to collect. It is currently $1.60 per month per line of service and may change from time to time.

Administration and Telco Recovery Fee: This fee helps to defray certain costs incurred from providing certain services, delivering calls to other networks, and accessing network facilities. This is not a tax or charge the government requires us to collect. It is currently $2.39 per month per line of service and may change from time to time.

Universal Service Fund Fee: A Federal Universal Service Fund Fee covers the amount we are required to pay into the Universal Service Fund (USF). More information on the USF may be found at https://www.fcc.gov/general/universal-service-fund. This is not a tax or charge the government requires us to collect from customers, but we have the option to do so. The government changes the amount we pay each quarter, so we may also adjust this fee quarterly.

State Universal Fund Fee: When applicable, a State Universal Fund Fee will be charged in accordance with state guidelines.