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Please read these Terms and Conditions of Service ("Terms") carefully. These Terms are a legally
binding agreement between you and TracFone Wireless, Inc. ("TracFone"). The Terms contain important
information about your legal rights and require that certain disputes be resolved through Arbitration instead
of a court trial. By purchasing and/or activating a TracFone branded wireless phone ("TRACFONE") or a
TracFone branded SIM card or CDMA network access code ("BYOP") and/or purchasing, redeeming
and/or using any TracFone service ("Service"), "You" the customer, acknowledge and agree to these
Terms. TracFone reserves the right to modify these Terms at any time in its sole discretion Any modifications
to these Terms are effective and will be binding upon you once posted on the TracFone website at tracfone.
com. Always check our website for the most current Terms.
1. ACTIVATING YOUR TRACFONE SERVICE: You may activate your TRACFONE or BYOP by calling Customer
Care at 1-800-867-7183 or by visiting tracfone.com and following the instructions that came with your Services
Guide or activation kit. Any promotional or bonus minutes that are included with a new TRACFONE or are issued
upon activation of your Service are not transferable or refundable. Promotional minutes and bonus minutes have
no cash value. Any attempt to transfer promotional, bonus or other free minutes may result in the permanent
deactivation of your Service without a refund.
When you activate Service, you will have the option of registering and providing your name, address, email
address and alternative contact telephone number. If you elect not to register at the time of activation, you
may not be able to obtain copies of your call detail records since we will be unable to authenticate You as the
lawful owner of the account. In those situations, we require a valid Subpoena or Court order before records
may be released.
Your TRACFONE can only be used with TracFone Service and cannot be activated with any other wireless
carrier or service. Certain mobile phone features may not be available throughout the entire network or their
functionality may be limited. Some TracFone features are available only on TRACFONES and will not be available
with BYOP. All plan rates, features, functionality and other product specifications are subject to change without
notice or obligation. All talk and standby times are quoted in Digital Mode and are approximate.
If you are activating your Service with BYOP, you must use a compatible phone that does not interfere with our
Service and complies with all applicable laws, rules and regulations. Devices capable only of using data are
strictly prohibited and Your use of any such device is grounds for immediate termination of Service without
a refund. You are responsible for ensuring that your BYOP wireless phone is compatible with the Service and
meets all Federal laws and standards. You are further responsible for the purchase and maintenance of any
additional hardware, software and/or internet access required in order to use the Service. TracFone Service
will only work with wireless devices that are compatible with our network. Not all services are available with all
wireless devices or on all networks. We may remotely change your wireless phone's software, applications or
programming without notice. This could affect your stored data, your phone's programming and how you are
able to use your wireless phone.
The wireless telecommunications networks used to transmit calls for the Service are owned and operated by
various licensed commercial mobile radio service providers ("Carriers"), not TracFone. When You activate your
Service, you will be provided with a telephone number or you may, in some circumstances, port-in a number
from another carrier. Please note that You have no ownership rights to any telephone number, IP address or
any other identifier associated with your Service and You acknowledge and agree that we may change any such
number, IP address or other identifier associated with your Service at any time without prior notice to You.
2. TERMINATION OF SERVICE: TracFone may terminate this Agreement at any time without notice if we cease
to provide service in your area. Either party may terminate this Agreement (which will terminate Service) at any
time and for any reason. Unused Service at the time of termination will not be refunded.
You agree not to use your Phone for any purpose in violation of these Terms or applicable law. WE CAN, WITHOUT
NOTICE, LIMIT, SUSPEND, OR TERMINATE YOUR SERVICE FOR VIOLATING THESE TERMS OR FOR ANY OTHER
GOOD CAUSE, including, but not limited to, if You: (a) engage in any deceptive or fraudulent conduct with respect
to the Service; (b) allow anyone to extract, clone, reverse engineer or tamper with your TRACFONE, the software
and/or hardware on your Phone or your SIM card; (c) threaten or commit violence against any of our employees,
agents or customer service representatives; (d) use vulgar, offensive or inappropriate language or otherwise
engage in harassment when interacting with our representatives; (e) interfere with our operations or Service;
(f) engage in abusive messaging, emailing or calling; (g) modify a TRACFONE from its manufacturer's default
specification; or (h) use the service in a way that adversely affects our network or the Service available to our
other customers. We reserve the right to, without notice, limit, suspend or terminate your Service for any other
operational or governmental reason. In addition to permanently terminating your Service, criminal offenses
(i.e., threatening violence, etc.) will be reported to the appropriate legal authorities for prosecution.
Any provision of this Agreement which by its context is intended to apply after termination of the Agreement will
survive termination, including, but not limited to, restrictions on the use of TracFone products and the provisions
governing dispute resolution and requiring arbitration of disputes.
3. AIRTIME VOICE AND TEXT MESSAGING RATES: Feature Phones: TracFone airtime is issued in unit increments.
All calls are charged at a rate of one (1) unit per minute. With some older TRACFONE models, roaming calls (refer
to the Roaming Section of these Terms) are charged at the rate of two (2) units per minute. There is no additional
charge for nationwide long distance or for international long distance to countries designated at tracfone.com.
The rate to send or receive a text message varies by TRACFONE model and is disclosed on your TRACFONE
package. For most feature phones, the rate to send or open a text message is 0.3 units.
Smartphones: Smartphones have separate buckets of units for voice calls, text messaging and data usage
and have the triple minute feature. For example, a 60 minute Pay As You Go TracFone card redeemed on a
Smartphone will provide 180 minutes for voice, 180 text messages and 180 MB of data. Voice calls are charged
at the rate of one (1) unit per minute. Text messages are charged at the rate of one (1) unit per text. Data is
charged based on actual usage.
TracFone does not generally participate in Premium SMS services or campaigns. Premium SMS refers to activities
that usually involve sending a text message to a designated "short code" or buying or attempting to buy SMS
services from anyone other than TracFone. Premium SMS campaigns include activities such as casting a vote,
expressing your opinion, playing a game, subscribing to a service, or interactive television programs. You should
not attempt to participate in Premium SMS campaigns, unless it is a TracFone authorized campaign. Any text
message you send to a "short code" will in all likelihood not go through. Any charges you may incur as a result
of any attempts to participate in Premium PSMS services or campaigns (not authorized by TracFone), whether
you incur charges as deductions from your TRACFONE handset or from your credit card, are not refundable.
AIRTIME USAGE: Airtime minutes will be deducted for all time during which your Service is connected to, or
using, the wireless system of any Carrier. Use of a wireless system typically begins when you press the "send",
"call" or other button to initiate or answer a call and does not end until you press the "end" button or the call
is otherwise terminated. Airtime minutes are deducted for all incoming and outgoing calls, including calls to
toll free numbers, 411, 611, Customer Care, simultaneous calls (airtime minutes will be deducted for each call
separately) and calls to access your voice mail. Airtime minutes are not deducted for calls to 911. For outbound
calls, you may be charged airtime for incomplete and/or busy-no answer calls. Airtime minutes are deducted in
full unit increments; partial minutes are rounded up to the next minute. Airtime minutes will also be deducted
for use of other services such as text messaging and accessing the TracFone Mobile Web ("WAP"). Airtime
minutes are deducted for all text messages sent and incoming text messages which are opened. No credit is
given for dropped calls.