1. Agreement
a. READ THESE TERMS AND CONDITIONS CAREFULLY. This document of conditions of Service constitutes an agreement (“Agreement”) in the contract under which we DIRECTO GO provide and you accept our Services, and contains an arbitration clause and other clauses which may affect your legal rights. The applicable provider of your DIRECTO GO service in your market is referred to in this Agreement as “DIRECTO GO” (“us”, “we”, “our” or “DIRECTO GO”) and an account holder or user with us is defined as (“you”, “your”, “customer” and “user”). This Agreement governs the sale and delivery of wireless service(s) (“Service” or “Services”) or devices to you by DIRECTO GO. This Agreement also includes by this reference any terms and conditions applicable to the Service(s) that you select as described in any of our product brochure(s), literature or on our official website (www.directo.com/directogo) and this Agreement replaces and supersedes all previous versions of the Terms and Conditions of Service. In addition, certain regulatory filings, called tariffs, and other laws, may also govern our provision of Services to you. Because these General Terms and Conditions of Service may change from time to time, please visit us at our official website (www.directo.com/directogo/termsandconditions).

b. IMPORTANT: YOU ACCEPT THE AGREEMENT WHEN YOU START USING OUR SERVICE BY, FOR EXAMPLE, PLACING A CALL, SENDING A MESSAGE OR TRANSMITTING DATA ON THE DIRECTO GO WIRELESS SYSTEM OR THROUGH ANY PRINTED, ORAL OR ELECTRONIC STATEMENT. IN ADDITION, EACH TIME YOU PAY FOR SERVICE FROM US, YOU CONFIRM YOUR ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT WANT TO ACCEPT THIS AGREEMENT, DO NOT START SERVICE OR USE THE SERVICE AND PLEASE RETURN YOUR WIRELESS DEVICE AND SIM CARD, UNUSED AND WITH THE ORIGINAL RECEIPT AND ALL PACKAGING AND ACCESSORIES, TO THE STORE WHERE PURCHASED WITHIN THE RETURN PERIOD SET BY THAT STORE FOR A REFUND.

2. Services
a. DIRECTO GO reserves the right to manage our wireless systems and the use of our Services. In consequence, we may deny a service request from any customer or potential customer or discontinue a customer’s service for any lawful reason. We may block or deny access to a number and/or certain categories of numbers (for example, 976 and 900 numbers), certain websites, messages, including text, video, photo, and audio messages, in our sole discretion and to the extent legally permitted. Also, calls placed to services that, in our sole discretion, are designed to facilitate traffic stimulation, including but not limited to chat line facilities, call center operations, free conference calling services and help desk provisioning, are not included in our calling plans.

b. Services are generally available within the operating range of our wireless system in your service area. The specific network coverage you get will depend on the radio transmissions your device can pick up and Services you have chosen. Your service area is the area depicted in the coverage brochure you received with this Agreement or that is posted on our official website (www.directo.com/directogo/coverage) and may change from time to time. Coverage maps only approximate our anticipated wireless coverage area outdoors; actual Service area, coverage and quality may vary and change without notice depending on a variety of factors including but not limited to network capacity, location, nearby buildings (and other structures), your wireless device, terrain and weather. Outages and interruptions in Service may occur, and speed of Service varies. You agree we are not liable for problems relating to Service availability or quality. Except for 911 calls and any “roaming” service to which you have subscribed, you will not be able to use your wireless device outside of your service area for any calls (including local and long distance) or any other service features. As a result, if you are in an area where your wireless device is searching for a signal or there is no wireless signal or wireless service, it is highly probable that a call to 911 will not go through. Do not rely solely on your wireless device, in an emergency situation. In an emergency, locate the nearest landline phone and call for help.

c. Coverage is not available everywhere, consequently any statements by DIRECTO GO, its employees, representatives or agents about the coverage of our wireless system are only intended to describe DIRECTO GO’s approximate coverage in your service area. You should not interpret any such statement to mean that Service will be available under all circumstances, at all times, or without interruption in your service area.

3. Rate Plan.
a. We determine what types of Service and rate plans or service packages (collectively “Rate Plans”) we offer to you. The Services and Rate Plan you select determines the charges and fees you have to pay for Services. The Rate Plan you select will be your Rate Plan until that Rate Plan is modified, you switch to a different Rate Plan (if we offer other Rate Plans to you), you cancel your Service, or your Service is terminated. If we make more than one Rate Plan available to you, you may change to another Rate Plan, but you may be required to pay us a Rate Plan change fee or other fee(s). Rate plan changes may not be effective immediately. Rate Plan may be contained in separate documents, each of which are incorporated into these terms and conditions.

4. Charges.
a. You are responsible for paying all charges for Service, including the following: (1) recurring monthly charges for each monthly billing period in which you had or will have access to the Service for all or any portion of that billing period; (2) any Service activation, reinstatement, reconnection, administrative, termination or other charges that may apply; (3) charges for adding multiple phones to the same account or changing phone numbers; (4) optional Service features or feature bundles selected by you and for which separate charges apply, including but not limited to long distance, directory assistance (411) calls, ringtones, ringback tones, videos and music; (5) all third party charges that you have authorized; (6) all applicable taxes; and (7) regulatory charges, including regulatory charges imposed in connection with DIRECTO GO’s provision of Service

b. Several fees, surcharges, taxes, and other impositions are established by governments relating to the Service we provide to you, goods or services you purchase, and the wireless network and equipment used in providing the Service. We will determine, the impositions and other taxes that you are responsible to pay and the amounts of such charges.

5. Changes to Agreement or Rate Plan.
We may modify this Agreement or your Rate Plan, at any time. In the event of any modification that increases the charges associated with your Rate Plan, you will receive 30 days notice prior to being charged the new rate. Any fee for prepaid service, upgrade, enhancement, Regulatory Recovery Fee, and any applicable surcharge, tariff and tax may be made at any time.

6. Billing and Payment.
a. Unless you are on a prepaid plan, monthly Service charges are generally billed in advance, and payment is due on or before the date due as stated in your bill. Monthly service periods are approximately thirty (30) days long. Your monthly service period and other dates related to your account may change from time to time. You may be required to pay a convenience/processing fee for some methods of payment or for the use of some payment locations. You must strictly comply with any and all requirements and conditions imposed by DIRECTO GO under any such agreement or arrangement and the terms, conditions, duration and frequency of such agreements or arrangements shall remain at DIRECTO GO’s sole discretion.

c. By paying any amount to DIRECTO GO via a checking or other bank deposit account, you authorize DIRECTO GO to initiate a debit entry to the designated bank account in the amount that you (or your representative designate during the call) and you confirm to DIRECTO GO that you are duly authorized on the applicable bank account. The debit generally occurs on or after two (2) banking days from your authorization call. You agree that the code to authorize such payments shall be the same as your DIRECTO GO phone or other DIRECTO GO account number.

d. Your payment will be considered late if we do not receive it before the first day of the monthly service period for which the payment is due. If you do not make all payments when they are due, you will be in default under this Agreement, and we will be entitled to exercise any rights we may have under this Agreement, including the suspension or termination of Service to you. If we accept a late or partial payment, even if you mark the payment “paid in full”, we do not waive our rights to suspend or terminate your Service or any other rights we may have. If your Service is terminated and you promptly pay amounts that are overdue, we may, in our sole discretion, reinstate/reconnect your Service after you have paid any reconnection/reinstatement fees we have imposed. If we have to take action beyond billing you in order to collect payment, you will be required to pay our reasonable costs and expenses of collection, including attorney’s fees, court costs, and the fees of any collection agency to the extent permitted by law. If we bill and collect amounts for any third party service provider, we will allocate payments we receive from you first to amounts due to DIRECTO GO. We will then allocate any remaining payment to amounts due to such third party service providers. You have the right to dispute charges on your bill, but you must notify us of the dispute within sixty (60) days after the billing date or you waive any claim you may have had. Even if you have a dispute with us, you have to pay all charges on time until the dispute is resolved.

e. TO THE EXTENT PERMITTED BY LAW, AMOUNTS PAID FOR SERVICE CHARGES ARE NON-REFUNDABLE. IF YOUR SERVICE IS TERMINATED FOR ANY REASON AND YOU HAVE A POSITIVE BALANCE IN YOUR SERVICE ACCOUNT OR FLEX BUCKET SERVICES ACCOUNT, YOU WILL NOT BE ENTITLED TO RECEIVE ANY REFUND.

7. DISCLAIMER OF WARRANTY.
a. DISCLAIMER OF WARRANTY; WIRELESS DEVICES AND RELATED EQUIPMENT. DIRECTO GO DOES NOT MANUFACTURE WIRELESS DEVICES OR RELATED ACCESSORY EQUIPMENT. EXCEPT FOR ANY WRITTEN WARRANTY THAT MAY BE PROVIDED WITH A DEVICE YOU PURCHASE FROM US AND THE LIMITED WARRANTY SET FORTH IN THESE TERMS AND CONDITIONS, AND TO THE EXTENT PERMITTED BY LAW. STATEMENTS BY DIRECTO GO OR DIRECTO GO EMPLOYEES AND AGENTS REGARDING THE WIRELESS DEVICE OR RELATED ACCESSORY EQUIPMENT SHOULD NOT BE INTERPRETED AS A WARRANTY BY DIRECTO GO. DIRECTO GO MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE SERVICE(S), APPLICATIONS, YOUR WIRELESS DEVICE OR ANY RELATED EQUIPMENT, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL DIRECTO GO BE LIABLE FOR ACTUAL, INCIDENTAL, INDIRECT, SPECIAL, TREBLE, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING LOST REVENUES, LOST PROFITS, OR OTHER LOSS BY YOU) ARISING FROM THE MANUFACTURE OR WARRANTY OF THE WIRELESS DEVICE OR RELATED ACCESSORY EQUIPMENT. THIS DISCLAIMER DOES NOT DEPRIVE YOU OF ANY RIGHTS YOU MAY HAVE AGAINST THE MANUFACTURER. WITHOUT LIMITATION, DIRECTO GO WILL NOT BE LIABLE TO YOU IN CONNECTION WITH (1) THE MANUFACTURER’S WARRANTY, (2) ANY ACTIONS OR OMISSIONS OF THE MANUFACTURER, OR (3) ANY MALFUNCTION OR FAILURE OF THE WIRELESS DEVICE OR RELATED ACCESSORY EQUIPMENT.

b. DISCLAIMER OF WARRANTY; SERVICES. DIRECTO GO AND ITS VENDORS AND SUPPLIERS (“DIRECTO GO PARTIES”) MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO YOU IN CONNECTION WITH YOUR USE OF THE SERVICE. THE DIRECTO GO PARTIES SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, TREBLE, PUNITIVE, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES (INCLUDING LOST REVENUES, LOST PROFITS, OR OTHER LOSS BY YOU) TO THE FULL EXTENT THE SAME MAY BE DISCLAIMED BY LAW. WE DO NOT GUARANTEE THAT YOUR COMMUNICATIONS WILL BE PRIVATE, SECURE OR THAT SERVICE INTERRUPTIONS WILL OCCUR FROM TIME TO TIME, YOU ACKNOWLEDGE AND AGREE TO HOLD THE DIRECTO GO PARTIES HARMLESS FOR ALL SUCH INTERRUPTIONS; IT IS ILLEGAL FOR UNAUTHORIZED PEOPLE TO INTERCEPT YOUR COMMUNICATIONS, BUT SUCH INTERCEPTIONS CAN OCCUR. IN NO EVENT SHALL THE DIRECTO GO PARTIES BE LIABLE FOR ECONOMIC LOSS, PERSONAL INJURIES, OR PROPERTY DAMAGE SUSTAINED BY YOU OR ANY THIRD PARTY ARISING FROM USE OF THE SERVICE OR THIS AGREEMENT.

c. Please consult the user manual for your phone to determine the amount of memory required to download the application you want to purchase, how to delete material or otherwise free up memory on your phone and other information regarding the download, saving and use of Applications. Applications use up memory on your DIRECTO GO phone and each phone can only store a limited number of Applications. If you do not have sufficient memory available, you may not be able to download and/or save the application that you order.

8. Limitations of Liability; Hold Harmless.
YOU AND WE ARE WAIVING IMPORTANT RIGHTS IN THIS SECTION TO THE FULLEST EXTENT ALLOWED BY LAW.
a. DIRECTO GO WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING LOST PROFITS (REGARDLESS OF WHETHER IT HAS BEEN NOTIFIED SUCH LOSS MAY OCCUR) BY REASON OF ANY ACT OR OMISSION IN ITS PROVISION OF EQUIPMENT AND SERVICES. THIS LIMITATION AND WAIVER WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, NEGLIGENCE, PRODUCTS LIABILITY, OR ANY OTHER THEORY. ADDITIONALLY, UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT OF OR RELATED TO PROVIDING OR FAILING TO PROVIDE SERVICES IN CONNECTION WITH A DEVICE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF BUSINESS, OR COST OF REPLACEMENT PRODUCTS AND SERVICES.

b. By using the Service(s), you agree that the remedies provided under this Agreement are exclusive, and you waive your right to any other remedies that may be available to you at law or in equity.

c. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS DIRECTO GO WIRELESS FROM ANY AND ALL LIABILITIES, PENALTIES, CLAIMS, CAUSES OF ACTION, AND DEMANDS BROUGHT BY THIRD PARTIES (INCLUDING THE COSTS, EXPENSES, AND ATTORNEYS’ FEES ON ACCOUNT THEREOF RESULTING FROM YOUR USE OF A WIRELESS DEVICE AND DIRECTO GO SERVICES, WHETHER BASED IN CONTRACT OR TORT (INCLUDING STRICT LIABILITY) AND REGARDLESS OF THE FORM OF ACTION.

9. CPNI; Privacy
a. In providing service to you, DIRECTO GO will receive information classified as “customer proprietary network information” (“CPNI”) under federal law that is considered confidential, such as information regarding your usage of the service, the technical configuration of such service, the destination of telephone calls you make and the type of services you purchase. DIRECTO GO may use this information for certain purposes without further disclosure or consent, including the following: to provide you Service; to market service offerings to you related to the Services you purchase; or to protect you, other DIRECTO GO users, DIRECTO GO and other carriers from fraud, abuse or unlawful use of its service. DIRECTO GO reserves the right to communicate with you by using prerecorded messages that are informational or promotional in nature. DIRECTO GO also may share such information with its affiliates, joint venture partners and third-party agents for the limited purpose of making available to you communications-related offers and information that may be of interest to you. Under federal law, you have the right, and we have a duty, to protect the confidentiality of your CPNI. For example, we implement safeguards that are designed to protect your CPNI, including authentication procedures when you contact us. However, you have the right under federal law to request DIRECTO GO not to disclose your confidential information for this purpose, and DIRECTO GO has the duty to honor any such request. You may “opt out” of disclosure of your CPNI to DIRECTO GO affiliates, joint venture partners and third-party agents for this purpose by calling to our customer care number: 1-800-251-8001. Opting-out will not affect DIRECTO GOs’ provision of service to you. Additional provisions regarding our use of CPNI and other subscriber information is set forth in our Privacy Policy, available at our official website (www.directo.com/directogo/privacypolicy) which we incorporate herein by reference.

b. Our privacy policy describes our privacy practices. The policy, as amended from time to time, can be found at our official web site (www.directo.com/directogo/privacypolicy).

10. Safe Use and Important Emergency 911 Information.
a. Always use your wireless device in a safe manner that does not create a risk to your safety or the safety of others around you. For example, it can be dangerous for you to engage in stressful or emotional conversations on your wireless device, send or receive text messages or otherwise become distracted while driving. Be aware of and comply with the laws that apply to you when you are driving. When possible, use a device that allows you to talk on your phone without holding it when you are driving.
b. Public Safety Officials advise that when making 911 or other emergency calls, you should always be prepared to provide your location information state the nature of your emergency and provide both your location and phone number, as the operator may not automatically receive this information. DIRECTO GO is not responsible for failures to connect or complete 911 calls or if inaccurate location information is provided. 911 service may not be available or reliable and your ability to receive emergency services may be impeded. We may use a variety of information and methods to determine the location of a 911 call, including Global Positioning Satellites (GPS), our wireless network, or the street address you have provided us as your primary use location. Even with this information, an emergency operator may not be able to locate you in order to provide emergency services. Other third party entities are involved in connecting a 911 call and DIRECTO GO does not determine the public safety agency to which your 911 call is routed. In certain circumstances, an emergency call may be routed to a state patrol dispatcher or alternative location set by local emergency service providers. If you dial 911 while outside the U.S., 911 services may not be available.

11. Prohibited Uses.
a. You must comply with all laws and regulations while using the Service. Among other prohibited uses, the Service may not be used (1) for telemarketing, commercial research, commercial data collection or transmission, sale or resale of Service or in the operation of any telephone-based business (for example, chat lines or fortune telling services); (2) continuously, with or without breaks, so as to create the functional equivalent of a telephone line dedicated to continuous use or (3); for any fraudulent, illegal or abusive purpose, or in a manner that interferes or causes problems with the operation of DIRECTO GO’s wireless system. Further, you agree not to unlock, reflash, tamper with or alter your wireless device nor its software, enter unauthorized PIN numbers or assist others in such acts, or to sell and/or export your device

b. You must use your wireless device predominantly within the DIRECTO GO network coverage area. We may limit, deny your continued use of the other carrier’s network, change your rate plan or terminate your Service without notice if you no longer live and have a mailing address within a DIRECTO GO network coverage area or if more than 50% of your voice and/or data usage is on a partner network for the previous billing cycle.

c. For the DIRECTO GO SIM cards you agree to safeguard your SIM card and not to allow any unauthorized person to use your SIM card. You agree not to, to allow any other person to, directly or indirectly extract, alter, bypass, copy, deactivate, remove, reverse-engineer or otherwise circumvent, clone or reproduce the encoded information stored on, or the encryption mechanisms of, your SIM card or wireless device via any software and/or hardware methods. The carriers, DIRECTO GO Wireless, or its service providers, may, from time to time, remotely update or change the encoded information on your SIM card. Your DIRECTO GO wireless device is restricted from operating when you are located anywhere outside of the United States, Puerto Rico or the U.S. Virgin Islands, including offshore or in international waters. Any such usage is considered unauthorized usage by DIRECTO GO for which your Service will be immediately suspended. In the event of suspension for this or any other unauthorized usage, you will not be entitled to receive any refunds for your handset or unused airtime.

12. Wireless Devices, Numbers and E-mail Addresses.
DIRECTO GO did not manufacture your wireless device and is not responsible for any defects or for the acts or omissions of the manufacturer. The only warranties on your device are the limited warranties given to you by the manufacturer directly or that we pass through. You do not have any rights to any number, e-mail address or other identifier we may assign to your device or account; you may not modify, change or transfer any of these except as we allow and as allowed for by law. In certain instances, you may transfer your number from another carrier to DIRECTO GO or from DIRECTO GO to another carrier.

13. Account Activity, Credit Verification and Release of Information.
a. This Agreement shall be contingent upon our verification and approval of certain information about you, including billing information; we reserve the right to deny or limit the provision of Service on the basis of any information that we gather. We may require that you provide us with additional or updated information we reasonably need to determine if you qualify for Service, to manage the Service, or to determine if you are using the Service in accordance with this Agreement. We may take any action permitted by law that we believe is necessary to verify your identity, address, age, account activity or credit, and we may take that action at any time. If you do not provide us the information we request within the time period that we specify, we may choose not to start Service to you, or, if you are an existing customer, we may suspend or terminate Service to you. You warrant and represent that all information furnished to us by you is current, complete, accurate and true as of the time you provide it, and you will update it as necessary to keep it complete, accurate, and true. We may share information we gather about you as provided elsewhere in this Agreement and in our Privacy Policy which is available at our official website (www.directo.com/directogo/privacypolicy).

b. If you are an employer providing the Service to your employees, you agree to notify those employees that their use of the Service is subject to these Terms and Conditions.

14. Numbers.
a. You must accept the telephone number assigned to your wireless device at the time of activation, however, you will acquire no proprietary interest in any number or any other personal identification number (“PIN”) assigned to you or that you may use in connection with your Service. We can change, reassign or eliminate any number or PIN by giving you notice. You may not assign the number to any wireless device or other equipment except as approved by us or otherwise required by law. If your account is deactivated, we can reassign the number without giving you any notice.

b. We do not guarantee that number transfers to or from us will be successful. If you authorize another carrier to transfer a number away from us, that is considered a request by you to us to terminate all of the Services associated with that number. In order to and in the given case, “port” or keep your telephone number when you change telephone service providers you must have an active account with DIRECTO GO. You may be required to purchase a new wireless phone or other equipment in order to change service to or from DIRECTO GO service and you may be without service for some period of time. DIRECTO GO may charge a fee to reimburse DIRECTO GO for the costs DIRECTO GO incurs to meet the equipment, technology and infrastructure requirements necessary to enable number porting. DIRECTO GO may also charge a fee to reimburse it for the cost it incurs to perform a port.

15. Lost or Stolen Wireless device; Phone Replacement Plan.
a. Upon your acceptance of delivery of your wireless device, all risk of loss, damage, theft, or destruction of your device is borne by you. In the event of any loss, damage, theft, or destruction of your phone, in whole or in part, you are responsible for purchasing a replacement device from DIRECTO GO at your expense, and you remain responsible for your obligations under this Agreement, including, without limitation, your responsibility for the payment of Service charges. We may not credit or refund any account balance if you choose to terminate Services as a result of loss or theft of your device.

16. Notices and Contact.
a. DIRECTO GO reserves the right to provide notice to you by telephone, short message service, bill message, multimedia message service, instant message or voicemail service to the extent permitted by applicable law. Any such notice will be treated as provided to you when left with you, on your phone, or on your answering/voicemail service. Any notice that DIRECTO GO mails to you will be deemed provided to you, to the extent permitted by applicable law, when DIRECTO GO deposits the notice into the United States mail addressed to you at your last known address as shown in our billing records. You must notify us of any address changes. Failure to notify us of a change in your address constitutes a breach of this Agreement and possible grounds for suspension or termination of your Service. Your notice to us shall be deemed given when received and must include your name, billing address and DIRECTO GO telephone number.

b. DIRECTO GO may provide a telephone number to its customers as a means to contact DIRECTO GO. You agree that we may contact you in our discretion about important account related matters through the contact information you provide, through the Services or Devices to which you subscribe or through other available means. We also may allow you to set preferences for your preferred means of contact. DIRECTO GO may limit or prohibit your access to that number if DIRECTO GO deems it necessary to prevent abuse of the customer service phone lines that may cause delayed response to calls, prevent calls from reaching DIRECTO GO, cause problems with the system, or otherwise damage DIRECTO GO or its customers.

17. Arbitration; Dispute Resolution.
To the extent allowed by the laws of the customer’s place of residence, this Agreement requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute. Further, unless both you and we agree claims, and may not otherwise preside over any form of a representative or class proceeding. We agree that each may bring claims against the other only in our individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Any controversy, claim or dispute arising out of or relating to this Agreement or the relationship, either during the existence of the relationship or afterwards, between the parties hereto, their assignees, their affiliates, their attorneys, or agents, shall be arbitrated in the county of your residence. In the event the foregoing arbitration and class action provisions are invalid, they shall be invalid in their entirety.

18. Fair use policy
To ensure that all customers have access to reliable services provided at a reasonable cost, you may not use our service in a manner that interferes with another DIRECTO GO customer's use of our service or disproportionally impacts DIRECTO GO’s network resources. DIRECTO GO UNLIMITED services are provided solely for live dialogue between, and initiated by, two individuals for personal use and as otherwise described in this policy. Prohibited Uses of DIRECTO GO UNLIMITED service include, but are not limited to, conference calling, monitoring services, data transmissions, transmission of broadcasts, transmission of recorded material, interconnection to other networks, telemarketing, autodialed calls, any and all other commercial uses, or other connections that do not consist of uninterrupted live dialogue between two individuals. We will presume that you are engaging in a Prohibited Use, in violation of these terms and conditions, if, for instance, you are placing an abnormally high number of calls, or repeatedly placing calls of unusually long duration (as compared to other customers on the same service plans), or if your usage is harmful or disruptive to any DIRECTO GO systems or services.

If we determine, at our sole discretion, that you are using an unlimited service in violation of the DIRECTO GO Mobile General Terms and Conditions of Service, these Terms of Service, or in any other manner that we deem to be unreasonable or excessive, then we may terminate individual calls, or terminate your service, decline to renew your services, or offer you a different service plan with no unlimited usage components.

If your plan includes data services, such services are provided solely for purposes of web browsing, messaging, and similar activities. Example of Prohibited Uses of our data services include but not limited to use thereof (1) with server devices or host computer applications, or other systems that drive continuous heavy traffic or data sessions, including, but not limited to, disproportionate Web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections, peer-to-peer (P2P) file-sharing applications broadcast to multiple servers or recipients such that they could enable "bots" or similar routines; (2) as a substitute or backup for private lines or frame relay connections; (3) to send or receive unusually high numbers of messages (4) to engage in atypical web usage behaviors; (5) for tethering your device to a personal computer or other hardware; and (6) for any other reason that, in our sole discretion harms our network.

19. General Provisions
a. This Agreement shall be interpreted under (1) the laws of the state in which you are a subscriber, (2) applicable tariffs. If your DIRECTO GO service area is located in more than one state, the law of the state in which the majority of the service area is located shall be used for interpreting this Agreement.

b. If any provision in this Agreement is declared to be invalid or unenforceable, the validity of the other provisions of this Agreement shall not be affected and shall remain valid and enforceable to the fullest extent permitted by law.

c. If we waive any portion of this Agreement, the waiver will not be treated as a waiver by us of any other provision of this Agreement, or a waiver of our right to enforce the portion we have waived for any violation that occurs later.

d. This Agreement is not for the benefit of any third parties except our parent and subsidiary corporations and any person or entity to whom we transfer or assign this Agreement.

e. You may not transfer or assign all or any part of your rights and obligations under this Agreement, or your Service, without our prior written approval. The benefits conferred pursuant to this Agreement are intended solely for you and DIRECTO GO and there are no third party beneficiaries to this Agreement.

f. DIRECTO GO may transfer or assign its rights and obligations under this Agreement in whole or in part without giving you notice or obtaining consent from you. Upon its transfer or assignment of this Agreement, DIRECTO GO shall be released from all liability with respect to this Agreement.

g. Section headings in this Agreement are for descriptive purposes only and will not be used in interpreting the legal effect of this Agreement.

h. If there is any inconsistency or difference of interpretation between the English version and an alternate language version the English version shall control.