allowance or on a fixed price per kilobyte. Usage charges may be rounded up to the next
cent at monthly or other intervals. In certain instances, you may not know that your
session has not ended. As long as your device is connected to our network, you will incur
data usage charges. You will be charged for all data directed to the internet address (or
"IP address") assigned to your device, regardless of who initiates the activity or whether
your device actually receives the data. This includes, but is not limited to, the amount of
data associated with the particular information/item (e.g. game, ringer, email, etc.),
additional data used in accessing, transporting and routing this information/item on
our network, data from partial or interrupted downloads, re-sent data, and data
associated with unsuccessful attempts to reach websites or use applications. Based on
these and a number of other factors (e.g., the specific application, network
performance, etc.) data used and charged to you will vary widely, even for the same
activity. Estimates of data usage – for example, the size of downloadable files – will not
be accurate or a reliable predictor of actual usage. Your invoice will not separately
identify the number of kilobytes attributable to your use of specific sites, sessions or
services.
Taxes and Surcharges.We invoice you for taxes, fees and other charges levied by or
remitted directly to federal, state, local or foreign governments including, without
limitation, sales, gross receipts, Universal Service, use, and excise taxes. If you claim any
tax exemption, you must provide us with a valid tax-exempt document. Tax
exemptions are not applied retroactively. We also invoice you for surcharges that we
collect and keep to pay for the costs of complying with government programs such as
number pooling and portability, and Enhanced 911 service; these charges are not the
taxes nor government imposed assessments.
Invoicing & Payment. Invoicing cycles and dates may change from time to time.
Monthly recurring and related charges for Services are generally invoiced one invoicing
cycle in advance. Other charges are invoiced soon after they are incurred. Most usage is
generally applied to the invoicing cycle in which they are incurred, but in some
instances may be applied to subsequent invoicing cycles. You are responsible for all
charges associated with any device activated on your account, regardless of who used
the device. You must pay all charges by the due date on the invoice.
Past due amounts
accrue late charges until paid at the rate of 5% per month or at the highest rate
allowed by law and may result in immediate suspension of your account. If you
agree to any auto-payment option through banking or credit account, we may initiate
payment from the account for all amounts we invoice you without additional
authorization or notice. Based on your credit or payment history, we may require certain
forms of guaranteed payment as a condition of maintaining Services. If we invoice you
for amounts on behalf of a third-party, payments received are first applied to amounts
due to us. You may be charged additional fees for certain methods of payment and for
payments denied by a financial institution. Acceptance of payments (even if marked
"paid in full") does not waive our right to collect all amounts that you owe us.
Section 4B: Terms & Conditions / Warranty 166
