WIRELESS CUSTOMER AGREEMENT ("Agreement")
"Zirrus" or "we," "us," or "our" refers to Zirrus, as a licensed reseller of AT&T Wireless. “You “or “your
“refers to the person or entity that is the customer of record. PLEASE READ THIS AGREEMENT
CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. This Agreement
Requires the use of arbitration to resolve disputes and also limits the remedies available to you in the
event of a dispute.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION,
INCLUDING OUR USE OF YOUR LOCATION INFORMATION. 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.
wireless products, features, applications, and services ("Services") not otherwise described herein that
are posted on applicable AT&T websites or devices, and any documents expressly referred to herein or
therein, make up the complete agreement between you and Zirrus and supersede any and all prior
agreements and understandings relating to the subject matter of this Agreement.
TERM COMMITMENT, CHARGES, BILLING AND PAYMENT
What Is The Term Of My Service? How Can I Fulfill My Service Commitment? What are My Rights to
Cancel Service and Terminate My Agreement?
AT&T Wireless Service(s) may be used with: (a) a mobile device that contains a SIM that is assigned to
your account ("Device") and/or, (b) a device that is designed and purchased for use exclusively on
AT&T's network ("Equipment").
Term of Service: Your Agreement begins on the day we activate your Service(s) and continues through
the Term of Service, typically a 12 month or 24 month period ("Service Commitment"), specified on your
Customer Service Summary. At the end of your service commitment, this Agreement will automatically
continue on a month-to-month basis. If your Agreement has no Service Commitment, it is a month-to-month Agreement.
Fulfillment of Service Commitment: You have received certain benefits from us in exchange for your
Service Commitment, which may include, but are not limited to, a subsidized wireless device. There are
two alternative ways to fulfill your Service Commitment. You can pay for the Services described in your
Customer Service Summary for the term of your Service Commitment, or you can terminate your
Agreement prior to the end of your Service Commitment and pay an Early Termination Fee ("ETF"). The
Early Termination Fee is not a penalty, but rather is an alternative means for you to perform your
obligations under the Agreement that partially compensates us for the fact that the Service
Commitment on which your rate plan is based was not completed.
Your Termination Rights: Within the first 14 days after service activation, you may terminate your
Agreement for any reason and not be required to pay an ETF. If you terminate within three (3) days of
accepting the Agreement, Zirrus will refund your activation fee, if any. However, you agree to pay for all
fees, charges, and other amounts incurred and owed under your Agreement, and you agree to return to
Zirrus any Equipment you purchased from Zirrus in connection with your Service Commitment.
If you fail to return this Equipment, you will be charged the difference between the amount you paid for
the Equipment and the amount you would have been charged for the Equipment had you not agreed to
a Service Commitment. Zirrus also may charge you a restocking fee for any returned Equipment.
After the first 14 days, you may terminate your Agreement for any reason. However, you agree to pay
Zirrus for all fees, charges, and other amounts incurred and owed under your Agreement along with
the applicable ETF. The Early Termination Fee is either: (a) $325 or (b) $150. The ETF reduces each full
month of your Service Commitment that you complete. To determine whether your Equipment has a
$325 Early Termination Fee or a $150 Early Termination Fee, and the amount of reduction, check
After your Service Commitment ends and you are on a month-to-month Agreement, you may terminate
your Agreement at any time with 30 days notice without incurring an ETF. If you sign a new Agreement
before the end of the term of your existing Agreement and terminate that new Agreement within 14
days as allowed above, you agree that you will be bound by the terms and conditions of your existing
Agreement including fulfillment of any remaining Service Commitment thereunder.
What are AT&T’s and or Zirrus' Rights to Cancel My Service(s) and Terminate My Agreement?
AT&T or Zirrus may interrupt, suspend or cancel your Services and terminate your Agreement without
advance notice for any reason including, but not limited to, the following:
Any conduct that we believe violates this Agreement or AT&T's Acceptable Use Policy;
Any conduct that involves the use of abusive, derogatory, insulting, threatening, vulgar or similarly
unreasonable language or behavior directed at any of our employees or representatives whether it be
in person, over the phone, or in writing;
Any abusive use of AT&T's network or Services;
You use your Device/Equipment and/or our Services for an unlawful or fraudulent purpose;
You use your Device/Equipment and/or our Services in any way that: (a) is harmful to, interferes with,
or negatively affects our network, other customers, or the network of any other provider, (b) is harmful
to, interferes with, or negatively affects our Services or operations, (c) infringes intellectual property
rights of AT&T or others, (d) results in the publication of threatening, offensive or illegal material, or (e)
generates spam or other abusive messaging or calling, a security risk, or a violation of privacy;
You resell our Services either alone or as part of any other good or
service; You fail to make all required payments when due;
Your credit has deteriorated and/or we believe that there is a risk of non-
payment; You refuse to pay any required advance payment or deposit;
We discover that you are underage;
You provide inaccurate or misleading credit information; or
You modify your device from its manufacturer's
AT&T's or Zirrus' rights under this section are in addition to any specific rights that we reserve in other
provisions of this Agreement to interrupt, suspend, modify, or cancel your Services and terminate your
After your Service Commitment ends and you are on a month-to-month Agreement, Zirrus may
terminate your Agreement at any time with 30 days notice.
Can My Terms And Rates Be Changed?
We may change any terms, conditions, rates, fees, expenses, or charges regarding your Services at any
time. We will provide you with notice of material changes (other than changes to governmental fees,
proportional charges for governmental mandates, roaming rates or administrative charges) either in
your monthly bill or separately. You understand and agree that State and Federal Universal Service
Fees and other governmentally imposed fees, whether or not assessed directly upon you, may be
increased based upon the government's or our calculations.
IF WE INCREASE THE PRICE OF ANY OF THE SERVICES TO WHICH YOU SUBSCRIBE, BEYOND THE LIMITS
SET FORTH IN YOUR CUSTOMER SERVICE SUMMARY, OR IF WE MATERIALLY DECREASE THE
GEOGRAPHICAL AREA IN WHICH YOUR AIRTIME RATE APPLIES (OTHER THAN A TEMPORARY DECREASE
FOR REPAIRS OR MAINTENANCE), WE'LL DISCLOSE THE CHANGE AT LEAST ONE BILLING CYCLE IN
ADVANCE (EITHER THROUGH A NOTICE WITH YOUR BILL, A TEXT MESSAGE TO YOUR DEVICE, OR
OTHERWISE), AND YOU MAY TERMINATE THIS AGREEMENT WITHOUT PAYING AN EARLY TERMINATION
FEE OR RETURNING OR PAYING FOR ANY PROMOTIONAL ITEMS, PROVIDED YOUR NOTICE OF
TERMINATION IS DELIVERED TO US WITHIN THIRTY (30) DAYS AFTER THE FIRST BILL REFLECTING THE
If you lose your eligibility for a particular rate plan, we may change your rate plan to one for which you
What Charges Am I Responsible For? How Much Time Do I Have To Dispute My Bill?
You are responsible for paying all charges for or resulting from Services provided under this Agreement,
including any activation fee that may apply to each voice or data line. You will receive monthly bills that
are due in full.
IF YOU DISPUTE ANY CHARGES ON YOUR BILL, YOU MUST NOTIFY US IN WRITING AT Zirrus, PO Box 368,
Yadkinville, NC 27055 WITHIN 100 DAYS OF THE DATE OF THE BILL OR YOU’LL HAVE WAIVED YOUR
RIGHT TO DISPUTE THE BILL AND TO PARTICIPATE IN ANY LEGAL ACTION RAISING SUCH DISPUTE.
Charges include, without limitation, airtime, roaming, recurring monthly service, activation,
administrative, and late payment charges; regulatory cost recovery and other surcharges; optional
feature charges; toll, collect call and directory assistance charges; restoral and reactivation charges; any
other charges or calls billed to your phone number; and applicable taxes and governmental fees,
whether assessed directly upon you or upon Zirrus.
To determine your primary place of use ("PPU") and which jurisdiction's taxes and assessments to
collect, you're required to provide us with your residential or business street address. If you don't
provide us with such address, or if it falls outside our licensed Services area, we may reasonably
designate a PPU within the licensed Services area for you. You must live and have a mailing address
within AT&T's owned network coverage area.
How Does Zirrus Calculate My Bill?
Usage and monthly fees will be billed as specified in your customer service summary or rate plan
information online. Except as provided below, monthly Services and certain other charges are billed one
month in advance, and there are proration of such charges if Service is terminated on other than the last
day of your billing cycle. Monthly Service and certain other charges are billed in arrears. You agree to pay
for all services used with your Device.
AIRTIME AND OTHER MEASURED USAGE ("CHARGEABLE TIME") IS BILLED IN FULL-MINUTE
INCREMENTS, AND ACTUAL AIRTIME AND USAGE ARE ROUNDED UP TO THE NEXT FULL-MINUTE
INCREMENT AT THE END OF EACH CALL FOR BILLING PURPOSES. Zirrus CHARGES A FULL MINUTE OF
AIRTIME USAGE FOR EVERY FRACTION OF THE LAST MINUTE OF AIRTIME USED ON EACH WIRELESS
CALL. UNLESS OTHERWISE PROVIDED IN YOUR PLAN, MINUTES WILL BE DEPLETED ACCORDING TO
USAGE IN THE FOLLOWING ORDER: NIGHT AND WEEKEND MINUTES, MOBILE TO MOBILE MINUTES,
ANYTIME MINUTES AND ROLLOVER, EXCEPT THAT MINUTES THAT ARE PART OF BOTH A LIMITED
PACKAGE AND AN UNLIMITED PACKAGE WILL NOT BE DEPLETED FROM THE LIMITED PACKAGE.
Chargeable Time begins for outgoing calls when you press SEND (or similar key) and for incoming
calls when a signal connection from the caller is established with our facilities. Chargeable Time ends
after you press END (or similar key), but not until your wireless telephone's signal of call disconnect is
received by our facilities and the call disconnect signal has been confirmed.
All outgoing calls for which we receive answer supervision or which have at least 30 seconds of
Chargeable Time, including ring time, shall incur a minimum of one minute airtime charge. Answer
supervision is generally received when a call is answered; however, answer supervision may also be
generated by voicemail systems, private branch exchanges, and interexchange switching equipment.
Chargeable Time may include time for us to recognize that only one party has disconnected from the call,
time to clear the channels in use, and ring time. Chargeable Time may also occur from other uses of our
facilities, including by way of example, voicemail deposits and retrievals, and call transfers. Calls that
begin in one rate period and end in another rate period may be billed in their entirety at the rates for the
period in which the call began.
DATA TRANSPORT OR USAGE IS CALCULATED IN FULL-KILOBYTE INCREMENTS, AND ACTUAL
TRANSPORT OR USAGE IS ROUNDED UP TO THE NEXT FULL-KILOBYTE INCREMENT AT THE END OF EACH
DATA SESSION FOR BILLING PURPOSES. Zirrus CALCULATES A FULL KILOBYTE OF DATA
TRANSPORT/USAGE FOR EVERY FRACTION OF THE LAST KILOBYTE OF DATA TRANSPORT/USAGE USED
ON EACH DATA SESSION. TRANSPORT OR USAGE IS BILLED EITHER BY THE KILOBYTE ("KB") OR
MEGABYTE ("MB"). IF BILLED BY MB, THE FULL KBs CALCULATED FOR EACH DATA SESSION DURING THE
BILLING PERIOD ARE TOTALED AND ROUNDED UP TO NEXT FULL MB INCREMENT TO DETERMINE
BILLING. IF BILLED BY KB, THE FULL KBs CALCULATED FOR EACH DATA SESSION DURING THE BILLING
PERIOD ARE TOTALED TO DETERMINE BILLING. NETWORK OVERHEAD, SOFTWARE UPDATE REQUESTS,
EMAIL NOTIFICATIONS, AND RESEND REQUESTS CAUSED BY NETWORK ERRORS CAN INCREASE
MEASURED KILOBYTES. DATA TRANSPORT/USAGE OCCURS WHENEVER YOUR DEVICE IS CONNECTED TO
OUR NETWORK AND IS ENGAGED IN ANY DATA TRANSMISSION, AS DISCUSSED IN MORE DETAIL IN
SECTION “How does Zirrus calculate my data usage”.
If you select a rate plan that includes a predetermined allotment of Services (for example, a
predetermined amount of airtime, megabytes or messages), unless otherwise specifically provided as a
part of such rate plan, any unused allotment of Services from one billing cycle will not carry over to any
other billing cycle. We may bill you in a format as we determine from time to time. Additional charges
may apply for additional copies of your bill, or for detailed information about your usage of Services.
Delayed Billing: Billing of usage for calls, messages, data or other Services (such as usage when roaming
on other carriers' networks, including internationally) may occasionally be delayed. Such usage charges
may appear in a later billing cycle, will be deducted from Anytime monthly minutes or other Services
allotments for the month when the usage is actually billed, and may result in additional charges for that
month. Those minutes will be applied against your Anytime monthly minutes in the month in which the
calls appear on your bill. You also remain responsible for paying your monthly Service fee if your Service
is suspended for nonpayment. We may require payment by money order, cashier's check, or a similarly
secure form of payment at our discretion.
Are Advance Payments And/Or Deposits Required?
We may require you to make deposits or advance payments for Services, which we may offset against
any unpaid balance on your account. Interest won't be paid on advance payments or deposits unless
required by law. We may require additional advance payments or deposits if we determine that the
initial payment was inadequate. Based on your creditworthiness as we determine it, we may establish a
credit limit and restrict Services or features. If your account balance goes beyond the limit we set for
you, we may immediately interrupt or suspend Services until your balance is brought below the limit.
Any charges you incur in excess of your limit become immediately due. If you have more than one
account with us, you must keep all accounts in good standing to maintain Services. If one account is past
due or over its limit, all accounts in your name are subject to interruption or termination and all other
available collection remedies.
What if I fail to pay my Bill when it is due?
You agree that for each bill not paid in full by the due date, Zirrus may charge and you will pay a
late payment fee of $10.
You expressly authorize, and specifically consent to allowing, Zirrus and/or its outside collection
agencies, outside counsel, or other agents to contact you in connection with any and all matters relating
to unpaid past due charges billed by Zirrus to you. You agree that, for attempts to collect unpaid past
due charges, such contact may be made to any mailing address, telephone number, cellular phone
number, e-mail address, or any other electronic address that you have provided, or may in the future
provide, to Zirrus. You agree and acknowledge that any e-mail address or any other electronic address
that you provide to Zirrus is your private address and is not accessible to unauthorized third parties. For
attempts to collect unpaid charges, you agree that in addition to individual persons attempting to
communicate directly with you, any type of contact described above may be made using, among other
methods, pre-recorded or artificial voice messages delivered by an automatic telephone dialing system,
pre-set e-mail messages delivered by an automatic e-mailing system, or any other pre-set electronic
messages delivered by any other automatic electronic messaging system.
What Happens If My Check Bounces?
You may be charged a processing fee of $25.00 or the highest amount allowed by law, whichever is less,
attorney’s fees and other charges allowed by law for any check or other instrument (including credit
card charge backs) tendered by you and returned unpaid by a financial institution for any reason
Who Can Access My Account and for What Purpose?
You authorize us to provide information about and to make changes to your account, including new or
extended Service Commitments and the purchase of Products and/or Services, upon the direction of any
person able to provide information we deem sufficient to identify you. Individuals that can provide
information we deem sufficient to identify you and that also have access to a device that is billed to
Such access will include, but is not limited to, the ability to view your account information, make
changes to the plans under your account, perform upgrades, view payment information, etc. In
addition, you may designate individuals who are authorized to make certain changes to your account
("Authorized Users"). You are responsible for all changes made by such Authorized Users or action taken
as a result of secondary access to your account, including but not limited to new or extended Service
Commitments and the purchase of Products or Services. You consent to the use by us or our authorized
agents of regular mail, predictive or autodialing equipment, email, text messaging, facsimile or other
reasonable means to contact you to advise you about our Services or other matters we believe may be
of interest to you. In any event, we reserve the right to contact you by any means regarding customer
service-related notifications, or other such information.
HOW DO I RESOLVE DISPUTES?
Dispute Resolution By Binding Arbitration
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
Most customer concerns can be resolved quickly and to the customer's satisfaction by calling our
customer service department at 336-463-5022. In the unlikely event that Zirrus' customer service
department is unable to resolve a complaint you may have to your satisfaction (or if Zirrus has not
been able to resolve a dispute it has with you after attempting to do so informally), we each agree to
resolve those disputes through binding arbitration or small claims court instead of in courts of general
jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator
instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited
review by courts. Arbitrators can award the same damages and relief that a court can award. Any
arbitration under this Agreement will take place on an individual basis; class arbitrations and class
actions are not permitted.
This agreement shall be governed by the law of the State of North Carolina without reference to its
choice of law doctrines.
Any controversy or claim arising out of relating to this agreement, shall be settled by binding
arbitration administered in Yadkin County, North Carolina, by the American Arbitration Association in
accordance with its Commercial Arbitration Rules, and judgment upon the award rendered by the
arbitrator may be entered in any court having jurisdiction thereof. In the event that Zirrus must enter
into arbitration or any other legal proceeding to collect any amounts due from you under the agreement
or any other agreement between us, Zirrus and your hereby specifically agree and understand that you
will be liable for all cost, expenses and fees incurred by Zirrus in collecting such amounts, including
without limitation reasonable attorney’s fees. Any delinquent accounts for amounts due the Company
under this Agreement shall be subject to a late payment of finance charge of one-half percent (1 ½%)
per month, or eighteen percent (18%) per annum until paid.
All changed and /or cancellations must be sent in writing unless a signed release form is on file, which
releases Company from all liability and monitoring responsibilities.
IN WITNESS WHEREOF, the parties have executed this agreement on the date and year first above
written and specifically represent that the person executing same in behalf of each party is fully
authorized to do so.
Claims arising out of or relating to any aspect of the relationship between us, whether based in contract,
tort, statute, fraud, misrepresentation or any other legal theory;
Claims that arose before this or any prior Agreement (including, but not limited to, claims relating to
Claims that are currently the subject of purported class action litigation in which you are not a member
of a certified class; and claims that may arise after the termination of this Agreement.
References to "AT&T," "Zirrus,” "you," and "us" include our respective subsidiaries, affiliates, agents,
employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized
users or beneficiaries of services or Devices under this or prior Agreements between us.
Notwithstanding the foregoing, either party may bring an individual action in small claims court. This
arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or
local agencies, including, for example, the Federal Communications Commission. Such agencies can, if
the law allows, seek relief against us on your behalf. You agree that, by entering into this Agreement,
you and Zirrus are each waiving the right to a trial by jury or to participate in a class action. This
Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act
governs the interpretation and enforcement of this provision. This arbitration provision shall survive
termination of this Agreement.
TERMS RELATING TO YOUR DEVICE AND CONTENT
Your Device must be compatible with, and not interfere with, our Services and must comply with all
applicable laws, rules, and regulations. We may periodically program your Device remotely with system
settings for roaming service, to direct your Device to use network services most appropriate for your
typical usage, and other features that cannot be changed manually.
You agree that you won't make any modifications to your Equipment or its programming to enable the
Equipment to operate on any other system. AT&T may, at its sole and absolute discretion, modify the
programming to enable the operation of the Equipment on other systems.
If you bought a Device from AT&T or Zirrus, it may have been programmed with a SIM lock which will
prevent it from operating with other compatible wireless telephone carriers' services. If you wish to use
this Device with the service of another wireless telephone carrier, you must enter a numeric Unlock
Code to unlock the phone. AT&T or Zirrus will provide the Unlock Code upon request, provided that you
meet certain criteria including, but not limited to the following: (a) you have paid for your Device in full;
(b) your account has been active for at least sixty days and is in good standing (i.e. it has no past due
amount or unpaid balance owed Zirrus); (c) you have fulfilled your Service Commitment by expiration of
any contractual term, upgrading to a new Device under Zirrus's standard or early upgrade policies, or
payment of any applicable ETF; (d) your Device has not been reported lost or stolen; and (e) AT&T has
the Unlock Code or can reasonably obtain it from the manufacturer. AT&T will unlock a maximum of five
phones per account, per year. For Devices sold with a Prepaid Plan, AT&T will provide you with the
Unlock Code upon request if you provide a detailed receipt or other proof of purchase of the phone and
AT&T has the Unlock Code or can reasonably obtain it from the manufacturer. For further details on
eligibility requirements and for assistance on obtaining the Unlock Code for your handset, please call
336-463-5022 or visit a retail store.
You are solely responsible for complying with U.S. Export Control laws and regulations and the import
laws and regulations of foreign countries when traveling internationally with your Device.
Where and How Does AT&T Service Work?
AT&T does not guarantee availability of wireless network. Services may be subject to certain Device and
compatibility/limitations including memory, storage, network availability, coverage, accessibility and
data conversion limitations. Services (including without limitation, eligibility requirements, plans,
pricing, features and/or service areas) are subject to change without notice.
When outside AT&T's coverage area, access will be limited to information and applications previously
downloaded to or resident on your device. Coverage areas vary between AT&T network technologies.
See coverage map(s), available at store or from your sales representative, for details or the coverage
map at www.att.com/coverageviewer.
Actual network speeds depend upon device characteristics, network, network availability and coverage
levels, tasks, file characteristics, applications and other factors. Performance may be impacted by
transmission limitations, terrain, in-building/in-vehicle use and capacity constraints.
What Information, Content, And Applications Are Provided By Third Parties?
Certain information, applications, or other content is provided by independently owned and operated
content providers or service providers who are subject to change at any time without notice.
AT&T IS NOT A PUBLISHER OF THIRD-PARTY INFORMATION, APPLICATIONS, OR OTHER CONTENT AND IS
NOT RESPONSIBLE FOR ANY OPINIONS, ADVICE, STATEMENTS, OR OTHER INFORMATION, SERVICES OR
GOODS PROVIDED BY THIRD PARTIES.
Third-party content or service providers may impose additional charges. Policies regarding intellectual
providers and you are bound by such policies or terms when you visit their respective sites or use their
services. It is your responsibility to read the rules or service agreements of each content provider or
Any information you involuntarily or voluntarily provide to third parties is governed by their policies or
terms. The accuracy, appropriateness, content, completeness, timeliness, usefulness, security, safety,
merchantability, fitness for a particular purpose, transmission or correct sequencing of any application,
information or downloaded data is not guaranteed or warranted by AT&T or any content providers or
other third party. Delays or omissions may occur. Neither AT&T nor its content providers, service
providers or other third parties shall be liable to you for any loss or injury arising out of or caused, in
whole or in part, by your use of any information, application or content, or any information, application,
or other content acquired through the Service.
You acknowledge that every business or personal decision, to some degree or another, represents an
assumption of risk, and that neither AT&T, Zirrus nor its content and service providers or suppliers, in
providing information, applications or other content or services, or access to information, applications,
or other content underwrites, can underwrite, or assumes your risk in any manner whatsoever.
How Can I Get Mobile Content?
You understand that Devices can be used to acquire or purchase goods, content, and services (including
subscription plans) like ring tones, graphics, games, applications and news alerts from AT&T or other
companies ("Content"). You understand that you are responsible for all authorized charges associated
with such Content from any Device assigned to your account, that these charges will appear on your bill
(including charges on behalf of other companies), and that such purchases can be restricted by using
parental controls available from a Zirrus salesperson, or by calling Zirrus. Any person using any Device
assigned to your account to order Content on your account may be deemed to have corresponding
authority to consent to the use or disclosure of your account information, including customer
proprietary network information (CPNI), to facilitate the processing or provisioning of and/or billing for
such Content. CPNI is information that relates to the quantity, technical configuration, type, destination,
location and amount of use of a telecommunications service, and you have the right, and AT&T and has
the duty under federal law, to protect the confidentiality of CPNI. You have the right to withhold
authorization of this disclosure and use of your CPNI without affecting the provision of any service(s) to
which you currently subscribe from AT&T.
You are responsible for reviewing your monthly bills to ensure that all charges for Content are accurate.
You may contest and seek refunds for unauthorized purchases and purchases with which you are not
satisfied. Zirrus reserves the right to restrict Content purchases or terminate the account of anyone who
seeks refunds on improper grounds or otherwise abuses this Service.
Actual Content may vary based on the Device capabilities. Content may be delivered in multiple
messages. Content charges are incurred at the stated one-time download rate or subscription rate, plus
a per kilobyte or per megabyte default pay per use charge for the Content transport when delivered,
unless you have a data plan and such charges appear separately on your bill. You will be charged each
time you download Content. Data Service charges apply.
Am I Responsible If Someone Makes A Purchase With My Device?
Except as otherwise provided in this Agreement, if your Device is used by others to make Content
purchases, you are responsible for all such purchases. If this occurs, you are giving those other users
your authority to:
1. make Content purchases from those Devices, and to incur charges for those Content purchases that
will appear on your bill;
2. give consent required for that Content, including the consent to use that user's location information
to deliver customized information to that user's Device; or
3. make any representation required for that content, including a representation of the user's age, if
Usage can be restricted by use of parental controls or similar features.
Does AT&T Collect Location-Based Network Performance Information From My Device? Can I Use
Location-Based Services With My Device?
AT&T collects information about the approximate location of your Device in relation to our cell towers
and the Global Positioning System (GPS). We use that information, as well as other usage and
performance information also obtained from our network and your Device, to provide you with wireless
voice and data services, and to maintain and improve our network and the quality of your wireless
experience. We may also use location information to create aggregate data from which your personally
identifiable information has been removed or obscured. Such aggregate data may be used for a variety
of purposes such as scientific and marketing research and services such as vehicle traffic volume
monitoring. It is your responsibility to notify users on your account that we may collect and use location
information from Devices.
Your Device is also capable of using optional Content at your request or the request of a user on your
Location-Based Service to learn how the location information will be used and protected. For more
information on Location-Based Services, please visit att.com/privacy.
Our directory assistance service (411) may use the location of a Device to deliver relevant customized
411 information based upon the user's request for a listing or other 411 service. By using this directory
assistance service, the user is consenting to our use of that user's location information for such purpose.
This location information may be disclosed to a third party to perform the directory assistance service
and for no other purpose. Such location information will be retained only as long as is necessary to
provide the relevant customized 411 information and will be discarded after such use. Please see our
What If My Device Is Lost Or Stolen?
If your wireless Device is lost or stolen, you must contact Zirrus immediately to report the Device lost
or stolen. You're not liable for charges you did not authorize, but the fact that a call was placed from
your Device is evidence that the call was authorized. Once you report to us that the Device is lost or
stolen, you will not be responsible for subsequent charges incurred by that Device.
You can report your Device as lost or stolen and suspend Services without a charge by contacting us at
the phone number listed on your bill 336-463-5022. If there are charges on your bill for calls made after
the Device was lost or stolen, but before you reported it to us, notify us of the disputed charges and we
will investigate. You may submit documents, statements and other information to show any charges
were not authorized. You may be asked to provide information and you may submit information to
support your claim. We will advise you of the result of our investigation within 30 days. While your
phone is suspended you will remain responsible for complying with all other obligations under this
Agreement, including, but not limited to, your monthly fee. We both have a duty to act in good faith in a
reasonable and responsible manner including in connection with the loss or theft of your Device.
TERMS RELATING TO THE USE AND LIMITATIONS OF SERVICE
What Are The Limitations On Service And Liability?
Unless prohibited by law, the following limitations of liability apply. Service may be interrupted, delayed,
or otherwise limited for a variety of reasons, including environmental conditions, unavailability of radio
frequency channels, system capacity, priority access by National Security and Emergency Preparedness
personnel in the event of a disaster or emergency, coordination with other systems, equipment
modifications and repairs, and problems with the facilities of interconnecting carriers. We may block
access to certain categories of numbers (e.g., 976, 900, and international destinations) at our sole
Additional hardware, software, subscription, credit or debit card, Internet access from your compatible
PC and/or special network connection may be required and you are solely responsible for arranging for
or obtaining all such requirements. Some solutions may require third party products and/or services,
which are subject to any applicable third party terms and conditions and may require separate purchase
from and/or agreement with the third party provider. AT&T nor Zirrus is not responsible for any
consequential damages caused in any way by the preceding hardware, software or other items/
requirements for which you are responsible.
Not all plans or Services are available for purchase or use in all sales channels, in all areas or with all
devices. AT&T nor Zirrus is not responsible for loss or disclosure of any sensitive information you
transmit. AT&T's wireless services are not equivalent to wireline Internet. AT&T nor Zirrus is not
responsible for non proprietary services or their effects on devices.
We may, but do not have the obligation to, refuse to transmit any information through the Services and
may screen and delete information prior to delivery of that information to you. There are gaps in service
within the Services areas shown on coverage maps, which, by their nature, are only approximations of
WE DO NOT GUARANTEE YOU UNINTERRUPTED SERVICE OR COVERAGE. WE CANNOT ASSURE YOU
THAT IF YOU PLACE A 911 CALL YOU WILL BE FOUND. AIRTIME AND OTHER SERVICE CHARGES APPLY TO
ALL CALLS, INCLUDING INVOLUNTARILY TERMINATED CALLS. AT&T MAKES NO WARRANTY, EXPRESS OR
IMPLIED, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, ACCURACY,
SECURITY, OR PERFORMANCE REGARDING ANY SERVICES, SOFTWARE OR GOODS, AND IN NO EVENT
SHALL AT&T BE LIABLE, WHETHER OR NOT DUE TO ITS OWN NEGLIGENCE, for any:
a. act or omission of a third party;
b. mistakes, omissions, interruptions, errors, failures to transmit, delays, or defects in the Services or
Software provided by or through us;
c. damage or injury caused by the use of Services, Software, or Device, including use in a vehicle;
d. claims against you by third parties;
e. damage or injury caused by a suspension or termination of Services or Software by AT&T; or
f. damage or injury caused by failure or delay in connecting a call to 911 or any other emergency service.
Notwithstanding the foregoing, if your Service is interrupted for 24 or more continuous hours by a cause
within our control, we will issue you, upon request, a credit equal to a pro-rata adjustment of the
monthly Service fee for the time period your Service was unavailable, not to exceed the monthly Service
fee. Our liability to you for Service failures is limited solely to the credit set forth above.
Unless prohibited by law, AT&T nor Zirrus isn't liable for any indirect, special, punitive, incidental or
consequential losses or damages you or any third party may suffer by use of, or inability to use, Services,
Software, or Devices provided by or through AT&T, including loss of business or goodwill, revenue or
profits, or claims of personal injuries.
To the full extent allowed by law, you hereby release, indemnify, and hold AT&T and Zirrus and its
officers, directors, employees and agents harmless from and against any and all claims of any person or
entity for damages of any nature arising in any way from or relating to, directly or indirectly, service
provided by AT&T, Zirrus or any person's use thereof (including, but not limited to, vehicular damage
and personal injury), INCLUDING CLAIMS ARISING IN WHOLE OR IN PART FROM THE ALLEGED
NEGLIGENCE OF AT&T or Zirrus, or any violation by you of this Agreement. This obligation shall survive
termination of your Service with Zirrus. Zirrus is not liable to you for changes in operation, equipment,
or technology that cause your Device or Software to be rendered obsolete or require modification.
How Can I Use My AT&T Service?
All use of AT&T's wireless network and Services is governed by AT&T's Acceptable Use Policy, which can
be found at www.att.com/AcceptableUsePolicy, as determined solely by AT&T. AT&T can revise its Acceptable
Use Policy at any time without notice by updating this posting.
Who Is Responsible For Security?
AT&T DOES NOT GUARANTEE SECURITY. Data encryption is available with some, but not all, Services
sold by AT&T. If you use your Device to access company email or information, it is your responsibility to
ensure your use complies with your company's internal IT and security procedures.
How Can I Use the Software?
The software, interfaces, documentation, data, and content provided for your Equipment as may be
updated, downloaded, or replaced by feature enhancements, software updates, system restore
software or data generated or provided subsequently by AT&T (hereinafter "Software") is licensed, not
sold, to you by AT&T and/or its licensors/suppliers for use only on your Equipment. Your use of the
Software shall comply with its intended purposes as determined by us, all applicable laws, and AT&T's
Acceptable Use Policy at www.att.com/AcceptableUsePolicy.
You are not permitted to use the Software in any manner not authorized by this License. You may not
(and you agree not to enable others to) copy, decompile, reverse engineer, disassemble, reproduce,
attempt to derive the source code of, decrypt, modify, defeat protective mechanisms, combine with
other software, or create derivative works of the Software or any portion thereof. You may not rent,
lease, lend, sell, redistribute, transfer or sublicense the Software or any portion thereof. You agree the
Software contains proprietary content and information owned by AT&T and/or its licensors/suppliers.
AT&T and its licensors/suppliers reserve the right to change, suspend, terminate, remove, impose limits
on the use or access to, or disable access to, the Software at any time without notice and will have no
liability for doing so. You acknowledge AT&T's Software licensors/suppliers are intended third party
beneficiaries of this license, including the indemnification, limitation of liability, disclaimer of warranty
provisions found in this Agreement.
How Can I Use Another Carrier's Network (Off-NetUsage)?
If your use of minutes (including unlimited Services) on other carrier networks ("off-net voice usage")
during any two consecutive months exceed your off-net voice usage allowance, AT&T or Zirrus may, at
its option, terminate your Services, deny your continued use of other carriers' coverage or change your
plan to one imposing usage charges for off-net voice usage. Your off-net voice usage allowance is equal
to the lesser of 750 minutes or 40% of the Anytime Minutes included with your plan.
If your use of the Data Services on other carriers' wireless networks ("offnet data usage") during any
month exceeds your offnet data usage allowance, AT&T or Zirrus may at its option terminate your
access to Data Services, deny your continued use of other carriers' coverage, or change your plan to one
imposing usage charges for offnet data usage. Your offnet data usage allowance is equal to the lesser of
24 megabytes or 20% of the kilobytes included with your plan. You may be required to use a Device
programmed with AT&T's preferred roaming database.
If you use messaging services (including unlimited Services) on other carrier networks ("off-net
messaging usage") during any two consecutive months exceed your off-net messaging usage allowance,
AT&T or Zirrus may, at its option, terminate your messaging service, deny your continued use of other
carriers' coverage or change your plan to one imposing usage charges for off-net messaging usage. Your
off-net messaging usage allowance is equal to the lesser of 3,000 messages or 50% of the messages
included with your plan.
Zirrus will provide notice that it intends to take any of the above actions, and you may terminate this
How Do I Get Service Outside AT&T's Wireless Network (Roaming)?
Services originated or received while outside your plan's included coverage area are subject to roaming
charges. Domestic roaming charges for wireless data or voice Services may be charged with some plans
when outside AT&T's wireless network. International roaming rates apply for any voice, messaging or
data usage incurred outside the U.S., Puerto Rico and U.S. Virgin Islands. Use of Services when roaming
is dependent upon roaming carrier's support of applicable network technology and functionality. Display
on your device may not indicate whether you will incur roaming charges. Check with roaming carriers
individually for support and coverage details.
Certain eligibility restrictions apply which may be based on service tenure, payment history and/or
credit. Rates are subject to change. For countries, rates and additional details, see att.com/global.
International Long Distance:
International rates apply for calls made and messages sent from the U.S., Puerto Rico and U.S.V.I. to
another country. Calling or messaging to some countries may not be available. Calls to wireless numbers
and numbers for special services, such as Premium Rated Services, may cost more than calls to wireline
numbers. If a customer calls an overseas wireline number and the call is forwarded to a wireless
number, the customer will be charged for a call terminated to a wireless number. International Long
Distance calling rates are charged per minute and apply throughout the same footprint in which the
customer's airtime package minutes apply.
International Long Distance Text, Picture & VideoMessaging:
Additional charges apply for premium messages and content. Messages over 300 KBs are billed an
additional 50¢/message. For a complete list of countries, please visit att.com/text2world.
Compatible Device required. Your plan may include the capability to make and receive calls while
roaming internationally. AT&T, in its sole discretion, may block your ability to use your Device while
roaming internationally until eligibility criteria are met. International roaming rates, which vary by
country, apply for all calls placed or received while outside the United States, Puerto Rico and
U.S.V.I. Please consult att.com/global or call 611 from your mobile device for a list of currently
available countries and carriers. All countries may not be available for roaming. All carriers within
available countries may not be available.
Availability, quality of coverage and services while roaming are not guaranteed. When roaming
internationally, you will be charged international roaming airtime rates including when incoming calls
are routed to voicemail, even if no message is left. Substantial charges may be incurred if Device is taken
out of the U.S. even if no services are intentionally used. Billing for international roaming usage may be
delayed up to three billing cycles due to reporting between carriers. Taxes are additional. If you want to
block the ability to make and receive calls or use data functions while roaming internationally, you may
request that by calling 336-463-5022 (at no charge from your wireless phone). For AT&T Canada and
Mexico Travel Minutes, package and overage rates apply only in Canada or Mexico, and if you remove
the package before your monthly bill cycle ends, the included monthly minutes allotment will be
International data rates apply to all data usage outside the U.S., Puerto Rico and U.S.V.I., including
accessing cloud-based services to upload/download/stream content. Many Devices, including iPhone,
transmit and receive data messages without user intervention and can generate unexpected charges
when powered "on" outside the United States, Puerto Rico and U.S.V.I. Zirrus may send "alerts" via SMS
or email, to notify you of data usage. These are courtesy alerts. There is no guarantee you will receive
them. They are not a guarantee of a particular bill limit. Receipt of Visual Voicemail messages are
charged at international data pay-per-use rates unless customer has an international data plan/package,
in which case receipt of Visual Voicemail messages decrement Kilobytes included in such plan/package.
Data Global Add-Ons and Global MessagingPlans/Packages:
Require that domestic data or messaging capability be in place. Rates apply only for usage within "roam
zone" comprised of select carriers. Within the roam zone, overage rate applies if you exceed the MBs
allotted for any Data Global Add-On or the messages allotted for any Global Messaging Plan/Package.
International roaming pay-per-use rates apply in countries outside the roam zone. See
att.com/globalcountriesfor current roam zone list.
Data Connect Global/North America Plans:
Do not include capability to place a voice call and require a 1 year agreement. For specific terms
regarding international data plans, see Section 6.10.2 of the Wireless Customer Agreement.
Cruise Ship Roaming:
Cruise ship roaming rates apply for calls placed or data used while on the ship.
Export Restrictions: You are solely responsible for complying with U.S. Export Control laws and
regulations, and the import laws and regulations of foreign countries when traveling internationally with
WHAT VOICE SERVICES DOES AT&T OFFER?
What Are The General Terms That Apply To All AT&T Voice Rate Plans?
You may obtain usage information by calling customer service or using one of our automated systems.
Pricing/Taxes/No Proration: Prices do not include taxes, directory assistance, roaming, Universal Service
Fees, and other surcharges. Final month's charges are not prorated. Activation Fees: Activation Fee may
apply for each new line. Nights and Weekends: Nights are 9:00 p.m. to 6:00 a.m. Weekends are 9:00
p.m. Friday to 6:00 a.m. Monday (based on time of day at the cell site or switch providing your Service).
Included long distance calls can be made from the 50 United States, Puerto Rico and U.S. Virgin Islands
to the 50 United States, Puerto Rico, U.S. Virgin Islands, Guam and Northern Mariana Islands. Roaming
charges do not apply when roaming within the Services area of land-based networks of the 50 United
States, Puerto Rico and U.S. Virgin Islands. Additional charges apply to Services used outside the land
borders of the U.S., Puerto Rico and U.S. Virgin Islands.
Unless you subscribe to an Unlimited Voice Plan or are an upstate New York customer subscribing to
Enhanced Voicemail, airtime charges apply to calls to your voicemail service, including calls where the
caller does not leave a message, because the call has been completed, calls to listen to, send, reply to, or
forward messages, or to perform other activities with your voicemail service, including calls forwarded
from other phones to your voicemail service. You are solely responsible for establishing and maintaining
security passwords to protect against unauthorized use of your voicemail service. For information as to
the number of voicemail messages you can store, when voicemail messages will be deleted, and other
voicemail features, see att.com/wirelessvoicemail. We reserve the right to change the number of
voicemails you can store, the length you can store voicemail messages, when we delete voicemail
messages, and other voicemail features without notice. We may deactivate your voicemail service if you
do not initialize it within a reasonable period after activation. We will reactivate the service upon your
request. See att.com/globalfor information about using voicemail internationally.
AT&T nor Zirrus is not responsible, nor liable for: 1) errors in the conversion of or its inability to
transcribe voicemail messages to text/email; 2) lost or misdirected messages; or, 3) content that
is unlawful, harmful, threatening, abusive, obscene, tortious, or otherwise objectionable.
We do not filter, edit or control voice, text, or email messages, or guarantee the security of messages.
We can interrupt, restrict or terminate VMTT without notice, if your use of VMTT adversely impacts
AT&T's network, for example that could occur from abnormal calling patterns or an unusually large
number of repeated calls and messages; or if your use is otherwise abusive, fraudulent, or does not
comply with the law.
You are solely responsible for and will comply with all applicable laws as to the content of any text
messages or emails you receive from VMTT that you forward or include in a reply to any other person.
You authorize AT&T or a third party working on AT&T's behalf to listen to, and transcribe all or part of a
voicemail message and to convert such voicemail message into text/email, and to use voicemail
messages and transcriptions to enhance, train and improve AT&T's speech recognition and transcription
services, software and equipment.
Charges for VMTT include the conversion of the voicemail message and the text message sent to your
wireless device. Additional charges, however, may apply to receiving email on your wireless device from
VMTT, as well as, replying to or forwarding VMTT messages via SMS (text) or email, depending on your
SMS (text messaging) blocking is incompatible with VMTT. (If you do not have a texting plan on your
handset, we add a texting pay per use feature when you add VMTT with text delivery.) If you are
traveling outside the U.S. coverage area, you will incur international data charges for emails received
from VMTT, as well as, charges for emails you respond to or forward from VMTT, unless you have an
international data plan and the usage falls within the plan's usage limits.
Transcription times cannot be guaranteed. Customers purchasing email delivery are responsible for
providing a correct email address and updating the email address when changes to the email account
If you choose SMS (text) delivery, VMTT only converts the first 480 characters of a voicemail message
into text and you will receive up to three text messages of a transcribed message. The transcription,
therefore, may not include the entire voicemail message with SMS delivery. Adding VMTT will create a
new voicemail box and all messages and greetings will be deleted from your current voicemail box.
Unlimited Voice Services
Unlimited voice Services are provided primarily for reasonably uninterrupted live dialog between two
individuals. If your use of unlimited voice Services for conference calling or call forwarding exceeds 750
minutes per month, AT&T or Zirrus may, at its option, terminate your Service or change your plan to
one with no unlimited usage components.
AT&T or Zirrus may, in its sole discretion, terminate your Service or change your plan to one with no
unlimited voice usage if it reasonably determines or has a reasonable basis to believe that you are
engaged in any of the following prohibited activities: (1) maintaining an open line of communication to
provide dispatch or monitoring services; (2) accessing or providing access to multi-party chat line
services; (3) using the Service with a SIM box or SIM server network to generate or simulate voice calls;
(4) transmitting broadcasts; (5) transmitting pre-recorded materials; (6) telemarketing; (7) initiating
autodialed calls; (8) initiating any other calls or connections that are not for the purposes of reasonably
uninterrupted live dialog between individuals; (9) using the Service for any fraudulent purpose; (10)
reselling or rebilling the Service either alone or as part of any other good or service; or (11) any abusive
use of our network or Services.
Your caller identification information (such as your name and phone number) may be displayed on the
Device or bill of the person receiving your call; technical limitations may, in some circumstances, prevent
you from blocking the transmission of caller identification information. Contact customer service for
information on blocking the display of your name and number. Caller ID blocking is not available when
using Data Services, and your wireless number is transmitted to Internet sites you visit.
Rollover ® Minutes
If applicable to your plan, Rollover Minutes accumulate and expire through 12 rolling bill periods. Bill
Period 1 (activation) unused Anytime Minutes will not carry over. Bill Period 2 unused Anytime Minutes
will begin to carry over. Rollover Minutes accumulated starting with Bill Period 2 will expire each bill
period as they reach a 12-bill-period age. Rollover Minutes will also expire immediately upon default or
if customer changes to a non-Rollover plan. If you change plans (including the formation of a FamilyTalk
plan), or if an existing subscriber joins your existing FamilyTalk plan, any accumulated Rollover Minutes
in excess of your new plan or the primary FamilyTalk line's included Anytime Minutes will expire.
Rollover Minutes are not redeemable for cash or credit and are not transferable. If you change to non-AT&T Unity plans with Rollover Minutes (including the formation of a FamilyTalk plan) any accumulated
Rollover Minutes in excess of your new non-AT&T Unity plan or the primary non-AT&T Unity FamilyTalk
line's included Anytime Minutes will expire.
Mobile To Mobile Minutes
If applicable to your plan, Mobile to Mobile Minutes may be used when directly dialing or receiving calls
from any other AT&T wireless phone number from within your calling area. Mobile to Mobile Minutes
may not be used for interconnection to other networks. Calls to AT&T voicemail and return calls from
voicemail are not included.
Family Talk ® Plan
If applicable to your plan, FamilyTalk may require up to a two-year Service Commitment for each line.
FamilyTalk plans include only package minutes included with the primary number, and minutes are
shared by the additional lines. The rate shown for additional minutes applies to all minutes in excess of
the Anytime Minutes. FamilyTalk requires two lines. If the rate plan for the primary number is changed
to an ineligible plan or the primary number is disconnected, one of the existing additional lines shall
become the primary number on the rate plan previously subscribed to by the former primary number; if
only one line remains, it shall be converted to the closest single line rate.
A-List is available only with select Nation, FamilyTalk and Unity plans. Nation Plan and Individual
Subscribers can place/receive calls to/from up to 5 (and FamilyTalk subscribers can place/receive calls
to/from up to 10) wireline or wireless telephone numbers without being charged for airtime minutes. All
qualifying lines on a FamilyTalk account share the same 10 A-List numbers. Only standard domestic
wireline or wireless numbers may be added and A-List is only for domestic calls. Directory assistance,
900 numbers, chat lines, pay per call numbers, customer's own wireless or Voice Mail access numbers,
numbers for call routing services and call forwarding services from multiple phones, and machine to
machine numbers are not eligible. Depending on the PBX system, a private telephone system often
serving businesses, AT&T may not be able to determine if your selected PBX A-List number is
calling/receiving calls from your wireless number and airtime charges could apply. Forwarded calls will
be billed based on the originating number, not the call forwarding number, and airtime charges may
apply. Only voice calling is eligible. A-List number selections may only be managed online via MyWireless
Account. Selected telephone numbers do not become active until 24 hours after added. AT&T reserves
the right to block any A-List number and to reduce the amount of telephone numbers that can be used
for A-List without notice. A-List is not eligible on Save/Promotional Plans.
AT&T Viva Mexico℠("Mexico Plan") & AT&T Nation ® /FamilyTalk ® With Canada ("Canada Plan")
Certain eligibility requirements apply. Anytime Minutes and Night and Weekend Minutes between
Mexico and your U.S. wireless coverage area if you subscribe to the Mexico Plan, or Canada and your
U.S. wireless coverage area if you subscribe to the Canada Plan, will be treated for billing purposes as
calls to and from your U.S. wireless coverage area.
Calls made from or received in Mexico and Canada cannot exceed your monthly off-net usage allowance
(the lesser of 750 min. /mo. or 40% of your Anytime Minutes/mo.) in any two consecutive months. Calls
made from or received in Mexico and Canada will not qualify as Mobile to Mobile Minutes. Special rates
apply for data usage in Mexico and Canada. International long distance text, instant, picture and video
messaging rates apply to messaging from the U.S. to Mexico and Canada and international roaming
rates apply when such messages are sent from Mexico andCanada.
International Roaming charges apply when using voice and data Services outside Mexico and your U.S.
wireless coverage area if you subscribe to the Mexico Plan, and Canada and your U.S. wireless coverage
area, if you subscribe to the Canada Plan. International long distance charges apply when calling to areas
outside Mexico and your U.S. wireless coverage area if you subscribe to the Mexico Plan, and Canada
and your U.S. wireless coverage area if you subscribe to the Canada Plan.
Anytime Minutes are primarily for live dialog between two people. You may not use your Services other
than as intended by AT&T and applicable law. Plans are for individual, non-commercial use only and are
not for resale. Unlimited Microcell Calling feature cannot be used on accounts with Viva Mexico and
Nation Canada calling plans.
Regular airtime charges apply. Mobile to Mobile Minutes do not apply. Calls to 911, 411, 611, 711 and
international dialing cannot be completed with VoiceDial Services. Caller ID cannot be blocked. Caller ID
will be delivered on calls, even if you have permanently blocked your name and number. For complete
terms and conditions, see att.com/voicedial.
AT&T Messaging Unlimited with Mobile to Any Mobile CallingFeature
Available only with select Nation, FamilyTalk, and BusinessTalk plans and can be discontinued at
anytime. Messaging Unlimited Plan required. Mobile to Any Mobile minutes only apply when you
directly dial another U.S. mobile number or directly receive a call from another U.S. mobile phone
number from within your calling area in the U.S., Puerto Rico, or U.S.V.I. Mobile to Any Mobile is not
available with the AT&T Viva Mexico or AT&T Nation/FamilyTalk with Canada plans. Calls made through
Voice Connect, calls to directory assistance, and calls to voicemail and return calls from voicemail are
not included. Only numbers included in the wireless number database that AT&T uses will be treated as
a call to a mobile number or a call received from a mobile number. So for example, Type 1 numbers
belonging to other carriers and not included in the industry wireless LNP database, and numbers for
which ports to wireless service have not yet completed, will not be treated as a call to a mobile number
or a call received from a mobile number. Also calls made to and calls received from mobile toll-free
numbers, mobile chat lines, mobile directory assistance, calling applications, numbers for call routing
and call forwarding services, and machine to machine numbers are not included.
WHAT DATA AND MESSAGING SERVICES DOES AT&T OFFER?
What Are The General Terms That Apply To All Data And Messaging Plans?
AT&T provides wireless data and messaging Services, including but not limited to, features that may be
used with Data Services and wireless content and applications ("Data Services"). The absolute capacity
of the wireless data network is limited; consequently, Data Services may only be used for permitted
activities. Pricing and data allowances for Data Services are device dependent and based on the
capabilities and capacity of each Device.
For Data Services with a monthly megabyte (MB) or gigabyte (GB) data allowance, once you exceed your
monthly data allowance you will be automatically charged for overage as specified in the applicable rate
plan. All data allowances, including overages, must be used in the billing period in which the allowance is
provided. Unused data allowances will not roll over to subsequent billing periods.
AT&T data plans are designed for use with only one of the following distinct Device types: (1)
Smartphones, (2) basic and Quick Messaging phones, (3) tablets, (4) LaptopConnect cards, (5) standalone Mobile Hotspot devices, and (6) Home Bases. A data plan designated for one type of device may
not be used with another type of device. For example, a data plan designated for use with a basic phone
or a Smartphone may not be used with a LaptopConnect card, tablet, or stand-alone Mobile Hotspot
device, by tethering devices together, by SIM card transfer, or any other means. A data tethering plan,
however, may be purchased for an additional fee to enable tethering on a compatible device. An
Activation Fee may apply for each data line.
Consumer data plans do not allow access to corporate email, company intranet sites, and other business
applications. Access to corporate email, company intranet sites, and/or other business applications
requires an applicable Enterprise Data plan. Enterprise Email requires an eligible data plan and Device.
Terms may vary depending on selected Enterprise Email solution.
AT&T or Zirrus RESERVES THE RIGHT TO TERMINATE YOUR DATA SERVICES WITH OR
WITHOUT CAUSE, INCLUDING WITHOUT LIMITATION, UPON EXPIRATION OR TERMINATION
OF YOUR WIRELESS CUSTOMER AGREEMENT.
What Are The Intended Uses Of AT&T's Wireless Data Service?
AT&T's wireless data network is a shared resource, which AT&T manages for the benefit of all of its
customers so that they can enjoy a consistent, high-quality mobile broadband experience and a broad
range of mobile Internet services, applications and content. However, certain activities and uses of the
network by an individual customer or small group of customers can negatively impact the use and
enjoyment of the network by others. Therefore, certain activities and uses of AT&T's wireless data
service are permitted and others are prohibited. The terms and conditions of your use of AT&T's
wireless data service are set forth below.
Permitted Activities. AT&T's wireless data services are intended to be used for the following
permitted activities: (i) web browsing; (ii) email; and (iii) intranet access if permitted by your rate plan
(for example, access to corporate intranets, email, and individual productivity applications like
customer relationship management, sales force, and field service automation); (d) uploading and
downloading applications and content to and from the Internet or third-party application stores, and
(e) using applications and content without excessively contributing to network congestion.
You agree to use AT&T's wireless data services only for these permitted activities.
Prohibited Activities: AT&T's wireless data services are not intended to be used in any manner which
has any of the following effects and such use is prohibited if it: (a) conflicts with applicable law, (b)
hinders other customers' access to the wireless network, (c) compromises network security or capacity,
(d) excessively and disproportionately contributes to network congestion, (e) adversely impacts network
service levels or legitimate data flows, (f) degrades network performance, (g) causes harm to the
network or other customers, (h) is resold either alone or as part of any other good or service, (i) tethers
a wireless device to a computing device (such as a computer, Smartphone, eBook or eReader, media
player, laptop, or other devices with similar functions) through use of connection kits, applications,
devices or accessories (using wired or wireless technology) and you have not subscribed to a specific
data plan designed for this purpose, or (j) there is a specific data plan required for a particular use and
you have not subscribed to that plan.
The following specific uses of AT&T's wireless data service are prohibited:
AT&T's wireless data services may not be used in any manner that defeats, obstructs or penetrates, or
attempts to defeat, obstruct or penetrate the security measures of AT&T's wireless network or systems,
or another entity's network or systems; that accesses, or attempts to access without authority, the
accounts of others; or that adversely affects the ability of other people or systems to use either AT&T's
wireless services or other parties' Internet-based resources. For example, this includes, but is not limited
to, malicious software or "malware" that is designed, intentionally or unintentionally, to infiltrate a
network or computer system such as spyware, worms, Trojan horses, rootkits, and/or crimeware;
"denial of service" attacks against a network host or individual user; and "spam" or unsolicited
commercial or bulk email (or activities that have the effect of facilitating unsolicited commercial email or
unsolicited bulk e-mail).
AT&T's wireless data services may not be used in any manner that has the effect of excessively
contributing to network congestion, hindering other customers' access to the network, or degrading
network performance by maintaining a sustained and continuous wireless data service connection or
active wireless Internet connection. For example, this includes, but is not limited to, server devices or
host computer applications such as continuous Web camera posts or broadcasts, automatic data feeds,
or automated machine-to-machine connections; "auto-responders," "cancel-bots," or similar automated
or manual routines that generate excessive amounts of traffic or that disrupt user groups or email use
by others; use of the service as a substitute or backup for private lines or full-time or dedicated data
connections; peer-to-peer (P2P) file sharing services; and software or other devices that maintain
continuous active Internet connections when a connection would otherwise be idle or any "keep alive"
functions, unless they adhere to AT&T data retry requirements (as may be modified fromtime to time).
AT&T's wireless data services also may not be used with high bandwidth applications, services and
content that are not optimized to work with AT&T's wireless data services and, therefore
disproportionately and excessively contribute to network congestion. This includes, but is not limited to,
redirecting television signals for viewing on computing devices, web broadcasting, and/or the operation
of servers, telemetry devices, or supervisory control and data acquisition devices, unless they meet
AT&T's wireless data services optimization requirements.
You agree not to use AT&T's wireless data services for any of these prohibited activities.
AT&T's Rights to Ensure Compliance. You agree that AT&T has the right to take any and all actions
necessary to enforce this Section, if you use AT&T's wireless data services in any manner that is
prohibited, including, but not limited to, the following actions:
AT&T or Zirrus may modify, without advance notice, the permitted and prohibited activities, and the
optimization requirements for your wireless data services;
AT&T or Zirrus may engage in any reasonable network management practice to enhance customer
service, to reduce network congestion, to adapt to advances and changes in technology, and/or to
respond to the availability of wireless bandwidth and spectrum;
AT&T or Zirrus may reduce your data throughput speeds at any time or place if your data usage exceeds
an applicable, identified usage threshold during any billing cycle. Zirrus will provide you with advance
notice of the usage threshold applicable to your data plan, or any changes to the applicable usage
threshold either by a bill insert, email, text message or other appropriate means;
AT&T may use reasonable methods to monitor and collect customer usage information to better
optimize the operation of the network. Details concerning the information that AT&T collects about its
If you are an unlimited data plan customer, AT&T or Zirrus may migrate you from the unlimited data
plan to a tiered data plan and bill you the appropriate monthly fees. We will provide you with notice
of this change at least one billing cycle in advance either by a bill insert, email, text message, or other
AT&T or Zirrus may interrupt, suspend, cancel or terminate your wireless data services without advance
Unlimited Data Customers. If you are an AT&T unlimited data plan customer, you agree that "unlimited"
means you pay a fixed monthly charge for wireless data service regardless of how much data you use.
You further agree that "unlimited" does not mean that you can use AT&T's wireless data service in any
way that you choose or for any prohibited activities, and that if you use your unlimited data plan in any
manner that is prohibited, AT&T or Zirrus can limit, restrict, suspend or terminate your data service or
switch you to a tiered data plan.
What Are The Voice And Data Plan Requirements?
A voice plan is required on all voice-capable Devices, unless specifically noted otherwise in the terms
governing your plan.
An eligible tiered pricing data plan is required for certain Devices, including iPhones and other
designated Smartphones. Eligible voice and tiered pricing data plans cover voice and data usage in the
U.S. and do not cover International voice and data usage and charges. If it is determined that you are
using a voice-capable Device without a voice plan, or that you are using an iPhone or designated
Smartphone without an eligible voice and tiered data plan, AT&T or Zirrus reserves the right to switch
you to the required plan or plans and bill you the appropriate monthly fees. In the case of the tiered
data plan, you will be placed on the data plan which provides you with the greatest monthly data usage
allowance. If you determine that you do not require that much data usage in a month, you may request
a lower data tier at a lower monthly recurring fee.
How Does AT&T Calculate My DataUsage/Billing?
DATA TRANSPORT/USAGE OCCURS WHENEVER YOUR DEVICE IS CONNECTED TO OUR NETWORK AND IS
ENGAGED IN ANY DATA TRANSMISSION, INCLUDING BUT NOT LIMITED TO: (i) SENDING OR RECEIVING
EMAIL, DOCUMENTS, OR OTHER CONTENT, (ii) ACCESSING WEBSITES, OR (iii) DOWNLOADING AND
USING APPLICATIONS. SOME APPLICATIONS, CONTENT, PROGRAMS, AND SOFTWARE THAT YOU
DOWNLOAD OR THAT COMES PRE-LOADED ON YOUR DEVICE AUTOMATICALLY AND REGULARLY SEND
AND RECEIVE DATA TRANSMISSIONS IN ORDER TO FUNCTION PROPERLY, WITHOUT YOU
AFFIRMATIVELY INITIATING THE REQUEST AND WITHOUT YOUR KNOWLEDGE. FOR EXAMPLE,
APPLICATIONS THAT PROVIDE REAL-TIME INFORMATION AND LOCATION-BASED APPLICATIONS
CONNECT TO OUR NETWORK, AND SEND AND RECEIVE UPDATED INFORMATION SO THAT IT IS
AVAILABLE TO YOU WHEN YOU WANT TO ACCESS IT. IN ADDITION, ANY ADVERTISEMENTS OR
ADVERTISER-RELATED MESSAGES OR DATA DELIVERED TO YOUR DEVICE, EVEN IF DELIVERED TO AN
APPLICATION, AS WELL AS ANY MESSAGES OR CONTENT THAT INITIATE IN RESPONSE TO AN
ADVERTISEMENT, WILL COUNT TOWARD YOUR DATA USAGE. YOU WILL BE BILLED FOR ALL DATA
TRANSPORT AND USAGE WHEN YOUR DEVICE IS CONNECTED TO OUR NETWORK, INCLUDING THAT
WHICH YOU AFFIRMATIVELY INITIATE OR THAT WHICH RUNS AUTOMATICALLY IN THE BACKGROUND
WITHOUT YOUR KNOWLEDGE, AND WHETHER SUCCESSFUL OR NOT. A DATA SESSION INITIATED ON THE
AT&T NETWORK WILL CONTINUE ITS CONNECTION OVER THE AT&T NETWORK UNTIL THE DATA
TRANSMISSION IS CONCLUDED, EVEN WHEN YOU CONNECT TO A WI-FI NETWORK DURING THE
Unless designated for International or Canada use, prices and included use apply to access and use on
AT&T's wireless network and the wireless networks of other companies with which AT&T has a
contractual relationship within the United States and its territories (Puerto Rico and the U.S. Virgin
Islands), excluding areas within the Gulf of Mexico.
Usage on networks not owned by AT&T is limited as provided in your data plan. Charges will be based
on the location of the site receiving and transmitting service and not the location of the subscriber.
Mobile Broadband and 4G access requires a compatible device.
Data Service charges paid in advance for monthly or annual Data Services are nonrefundable. Some Data
Services may require an additional monthly subscription fee and/or be subject to additional charges and
restrictions. Prices do not include taxes, directory assistance, roaming, universal services fees or other
In order to assess your usage during an applicable billing period, you may obtain approximate usage
information by calling customer service or using one of our automated systems.
Text Messaging And Picture/Video Messaging
If you do not enroll in a monthly recurring plan for messaging, data, or Video Share, you may have
access to messaging, data, and video share services and be charged on a pay-per-use basis if you use
Messages are limited to 160 characters per message. Premium text and picture/video messages are
charged at their stated rates. Standard rates apply to all incoming messages when in the U.S. Different,
non-standard per message charges apply to international messages sent from the U.S.
Text, Picture, and Video messages are charged when sent or received, whether read or unread, solicited
or unsolicited. AT&T does not guarantee delivery of messages. Text, Picture, and Video messages,
including downloaded content, not delivered within 3 days will be deleted. AT&T reserves the right to
change this delivery period as needed without notification.
You are charged for each part of messages that are delivered to you in multiple parts. Picture/Video
Messaging, data plan, and Text Messaging may need to be provisioned on an account in order to use
Picture/Video Messaging. Some elements of Picture/Video messages may not be accessible, viewable, or
heard due to limitations on certain wireless phones, PCs, or e-mail.
AT&T reserves the right to change the Picture/Video message size limit at any time without notification.
Picture/Video Messaging pricing is for domestic messages only. When a single message is sent to
multiple recipients, the sender is charged for one message for each recipient and each recipient is
charged for the message received.
Text message notifications may be sent to non-Picture/Video Messaging subscribers if they subscribe to
Text Messaging. You may receive unsolicited messages from third parties as a result of visiting Internet
sites, and a per-message charge may apply whether the message is read or unread, solicited or
You agree you will not use our messaging services to send messages that contain advertising or a
commercial solicitation to any person or entity without their consent. You will have the burden of
proving consent with clear and convincing evidence if a person or entity complains you did not obtain
their consent. Consent cannot be evidenced by third party lists you purchased or obtained. You further
agree you will not use our messaging service to send messages that: (a) are bulk messages (b) are
automatically generated; (c) can disrupt AT&T's network; (d) harass or threaten another person (e)
interfere with another customer's use or enjoyment of AT&T's Services; (f) generate significant or
serious customer complaints, (g) that falsify or mask the sender/originator of the message; or (h) violate
any law or regulation. AT&T or Zirrus reserves the right, but is not obligated, to deny, disconnect,
suspend, modify and/or terminate your messaging service or messaging services with any associated
account(s), or to deny, disconnect, suspend, modify and/or terminate the account(s), without notice, as
to anyone using messaging services in any manner that is prohibited. Our failure to take any action in
the event of a violation shall not be construed as a waiver of the right to enforce such terms, conditions,
or policies. Advertising and commercial solicitations do not include messaging that: (a) facilitates,
completes, or confirms a commercial transaction where the recipient of such message has previously
agreed to enter into with the sender of such message; or (b) provides account information, service or
product information, warranty information, product recall information, or safety or security information
with respect to a commercial product or service used or purchased by the recipient of such message.
Unlimited Messaging Plans or plans with unlimited messaging include only AT&T's Short Messaging
Service (SMS) and Multimedia Messaging Service (MMS) and not any other messaging services or
applications. Messages are intended for direct communication between phones and must originate from
your phone. Messages sent to tablets, laptops, or other connected devices are excluded from Unlimited
Messaging Plans or plans including unlimited messaging. Messages sent through applications may incur
data charges. We may terminate or restrict your messaging Service for tethered messaging, excessive
use or misuse.
Requires e-mail account with compatible internet service provider and a downloaded or preloaded email application for the wireless device. Access and use of Mobile Email is billed by total volume of data
sent and received (in kilobytes) in accordance with your data plan. E-mail attachments cannot be sent,
downloaded, read, or forwarded on the mobile device. Only a paper clip icon appears indicating an
attachment. You must view attachments from your PC. Upgrades to the application may be required in
order to continue to use the Service. Wireless data usage charges will apply for downloading the
application and any upgrades.
Compatible Phone and eligible data plan required. Service not available outside AT&T's Mobile
Broadband and 4G coverage areas. Premium content is charged at stated monthly subscription rates or
at stated pay per view rates. Content rotates and is subject to withdrawal. Mobile Video is for individual
use, not for resale, commercial purposes or public broadcast. Content can only be displayed on the
device screen. No content may be captured, downloaded, forwarded, duplicated, stored, or transmitted.
The content owner reserves and owns all content rights. All trademarks, service marks, logos, and
copyrights not owned by AT&T are the property of their owners. Some Mobile Video content is intended
for mature audiences and may be inappropriate for younger viewers. Parental guidance suggested. Use
Parental Controls to restrict access to mature content. Content may be provided by independent
providers, and AT&T is not responsible for their content. Providers may collect certain information from
your use for tracking and managing content usage.
AT&T Wi-Fi Services
AT&T Wi-Fi service use with a Wi-Fi capable wireless device is subject to the Terms of Services &
Acceptable Use Policy ("Terms") found at att.com/attwifitosaup. Your use represents your agreement to
those Terms, incorporated herein by reference. AT&T Wi-Fi Basic service is available at no additional
charge to wireless customers with select Wi-Fi capable devices and a qualified data rate plan. Other
restrictions may apply.
What Are the General Terms that Apply to All DataConnect Plans?
A voice plan is not required with DataConnect plans.
We may, at our discretion, suspend your account if we believe your data usage is excessive, unusual or is
better suited to another rate plan. If you are on a data plan that does not include a monthly MB/GB
allowance and additional data usage rates, you agree that AT&T or Zirrus has the right to impose
additional charges if you use more than 5 GB in a month; provided that, prior to the imposition of any
additional charges, AT&T shall provide you with notice and you shall have the right to terminate your
Data Global Add-On/DataConnect Global Plans/DataConnect North America Plans Available
countries, coverage and participating international carriers included in the "Select
International Roam Zone" and "Select Canada/Mexico Roam Zone" vary from our generally available
Canada/international wireless data roam zones and may not be as extensive. The Select International
Roam Zone is restricted to select international wireless carrier(s). Select Canada/Mexico Roam Zone is
restricted to select wireless carrier(s) and coverage areas within Canada and Mexico. See
att.com/dataconnectglobalfor a current list of participating carriers and eligible roam zones. With
respect to the countries included in the Select International Roam Zone, you will be restricted from
accessing Data Service through any non-participating Canada/international wireless carriers that may
otherwise be included in our generally available Canada and international wireless data roam zones.
With the DataConnect North America Plan, you will be restricted from accessing Data Service through
any non-participating Canada/Mexico wireless carriers that may otherwise be included in our generally
available Canada and international wireless data roam zones.
DATA GLOBAL ADD-ON- May only be used with eligible Equipment. Domestic data usage not included.
Qualified domestic wireless data plan required. If combined with a wireless voice plan that includes
international voice roaming, your international wireless voice roaming in countries included in the
Global Data Add-On's
Select International Roam Zone will be limited to the participating Canada/international wireless carriers
and you will be restricted from voice roaming through any non-participating Canada/international
wireless carriers that may otherwise be included in our generally available Canada and international
voice roam zones.
DATACONNECT GLOBAL/NORTH AMERICA PLANS - Requires minimum one-year Service Commitment
and you must remain on the plan, for a minimum one-year term. Voice access is restricted and
AT&T DataPlus℠/AT&T DataPro℠Plans
AT&T Data Plans With Tethering
Tethering is a wireless or wired method in which your AT&T mobile device is used as a modem or router
to provide a Internet Access connection to other devices, such as laptops, netbooks, tablets,
smartphones, other phones, USB modems, network routers, mobile hotspots, media players, gaming
consoles, and other data-capable devices. AT&T data plans with tethering enabled may be used for
tethering your AT&T Mobile device to other devices. If you are on a data plan that does not include a
monthly megabyte allowance and additional data usage rates, you agree that AT&T or Zirrus has the
right to impose additional charges if you use more than 5 GB in a month; prior to the imposition of any
additional charges, Zirrus shall provide you with notice and you shall have the right to terminate your
Service (early termination charges may apply).
Blackberry ® Personal
Supports personal email access to up to 10 Internet email accounts. Users storing more than 1,000
emails or email older than 30 days, may have some emails automatically deleted. May not be used to
access corporate email such as BlackBerry Enterprise Server.
Blackberry ® Connect; Blackberry Enterprise; BlackberryInternational
Supports BlackBerry Enterprise Server™ for corporate access (valid Client Access License required), and
personal email access to up to 10 Internet email accounts as per BlackBerry Personal. BlackBerry
International requires a minimum one-year agreement.
Requires compatible Good Server and, as to each end user, a compatible Good Client Access License
(CAL) for use with a qualifying AT&T data plan. Solution includes software, products and related services
provided by Good Technology, Inc. ("Good"), which are subject to applicable Good terms and conditions.
Good is solely responsible for all statements regarding, and technical support for, its software, products
Microsoft ® Direct Push
Requires compatible Microsoft ® Exchange Server and, as to each end user, a compatible device, a Direct
Push enabled email account, and a qualifying AT&T Data Plan. Plans include end user customer support
from AT&T for compatible devices. AT&T does not sell, supply, install or otherwise support Microsoft ®
software, products or services (including without limitation, Exchange and Direct Push).
AT&T Mobile Share ® Plans (with Unlimited Talk andText)
AT&T Mobile Share plans, including Mobile Share Value plans, allow you to share a monthly allotment of
domestic wireless data usage, along with unlimited domestic talk and texting services among up to ten
(10) Devices. You choose a specific allotment of monthly shared data usage for a monthly recurring
charge and then pay an additional charge for each Device added to the Mobile Share plan you select.
You must specifically identify the devices (the "Designated Devices") that will share your monthly
allotment of data usage under the Mobile Share plan you select. If you add a WHP Device for unlimited
talk only, it will be counted as one of the (10) Designated Devices under the Mobile Share plan.
Designated Devices can include: smartphone(s), tablet(s), gaming device(s), modem(s), netbook(s),
laptop(s), mobile hotspot(s), basic or quick messaging phone(s), WHP Device(s) or Home Base(s). If,
during a billing period, your data usage exceeds the monthly allotment of data in the Mobile Share plan
you select, plus any other data (such as available Rollover Data) that you may have for use during the
billing period, you will automatically be charged for overage as specified in your rate plan. Unless
specified otherwise, data allowances, including overages and Rollover Data, must be used in the billing
period provided or you will forfeit that usage. Authorized users on the account may temporarily suspend
data access for particular Device(s) during a specific billing cycle, but monthly charges for the suspended
Device(s) will continue to apply. Tethering and/or mobile hotspot use is permitted with Mobile Share
plans with capable Designated Devices; provided, however, that such use is limited to a maximum of five
(5) simultaneous users per Device. An activation fee will be charged when converting from a prepaid or
Session-Based plan to a Mobile Share plan or when you activate an additional Device on an existing
Mobile Share plan. Access to corporate email, intranet sites and/or other business applications may be
available for an additional monthly charge per Device (no additional charge for Mobile Share Value
plans). Discounts otherwise applicable to your Mobile Share rate plan do not apply to the additional
monthly Device charge. Additional deposits and other restrictions may apply.
Rollover Data℠: Only Mobile Share Value ® plans include the Rollover Data feature. With Rollover Data,
unused data from the monthly plan allotment rounds up to the nearest MB and carries over for one
billing period. Unused Rollover Data automatically expires after one billing period or with any plan
change (such as changing data amounts or termination).Unused overage data does not roll over.
Rollover Data is always consumed last, after your other data allowances. Unused Rollover Data is not
redeemable for cash or credit and is not transferable including to other Mobile Share Value groups on
your account. Mobile Share and Mobile Share Data-only plans do not include Rollover Data.
If you use a Mobile Share plan with any device that is not a Designated Data Device, for tethering or as a
mobile hotspot with more than five (5) simultaneous users, or otherwise use the plan in any way that is
inconsistent with its terms, you agree that AT&T may: (a) suspend or terminate service to the account;
(b) place any non-complying Device on an appropriate Mobile Share plan; and/or (c) add any other
required element of the plan.
Device upgrades: If you upgrade to a new smartphone, a discounted access charge is only available for
that line when purchasing a new smartphone via AT&T Next℠ or when you bring your own smartphone
or you purchase a new smartphone at full retail price. If you upgrade your Device to a new smartphone
on a 2-year Service Commitment, that line is ineligible for the discount and the discount is lost.
6.12 AT&T Mobile Share -Data Plans (for Data-OnlyDevices)
AT&T Mobile Share - Data plans allow you to share a monthly allotment of domestic wireless data usage
among up to ten (10) 3G, HSPA+ or LTE Devices (excluding smartphones and basic or quick messaging
phones). You choose a specific allotment of monthly shared data usage for a monthly recurring charge
and then pay an additional charge for each Device added to the Mobile Share - Data plan you select. You
must specifically identify one or more eligible devices (the "Designated Data Devices") that will share
your monthly allotment of data usage under the Mobile Share - Data plan you select. Designated Data
Devices can include: tablet(s), gaming device(s), modem(s), netbook(s), laptop(s), or mobile hotspot(s).
If, during a billing period, your data usage exceeds the monthly allotment of data in the Mobile Share -
Data plan you select, you will automatically be charged for overage as specified in your rate plan. If,
during a billing period, you do not use all of the data allotment in the Mobile Share - Data plan you
select, you will forfeit that usage. Authorized users on the account may temporarily suspend data
access for particular Designated Data Device(s) during a specific billing cycle, but monthly charges for
the suspended Designated Data Device(s) will continue to apply. Tethering and/or mobile hotspot use is
permitted with Mobile Share - Data plans with capable Designated Data Devices; provided, however,
that such use is limited to a maximum of five (5) simultaneous users per Designated Data Device. An
activation fee will be charged when converting from a prepaid or Session-Based plan to a Mobile Share -
Data plan or when you activate an additional Designated Data Device on an existing Mobile Share - Data
plan. Designated Data Devices that are capable of accessing corporate email, intranet sites and/or other
business applications may do so for no additional monthly access charge. Discounts otherwise applicable
to your Mobile Share
- Data rate plan do not apply to the additional monthly Device charge. Additional deposits and other
restrictions may apply.
If you use a Mobile Share - Data plan with a smartphone, with any device that is not a Designated Data
Device, for tethering or as a mobile hotspot with more than five (5) simultaneous users, or otherwise
use the plan in any way that is inconsistent with its terms, you agree that AT&T may: (a) suspend or
terminate service to the account; (b) place any non-complying Device on an appropriate Mobile Share
plan; and/or (c) add any other required element of the plan.
WHP service provides voice service only and requires that you subscribe to one of the following eligible
wireless voice plan options: (1) Wireless Home Phone unlimited plan, (2) add a line to your FamilyTalk
ARE THERE OTHER TERMS AND CONDITIONS THAT APPLY TO FEATURES AND APPLICATIONS?
Terms and conditions for certain features and applications are provided on the Device at the time of
feature/application activation or first use. Certain features/applications will not be available in all areas
at all times.
WHAT OTHER TERMS AND CONDITIONS APPLY TO MY WIRELESS SERVICE?
You must respect the intellectual property rights of AT&T, our third-party content providers, and any
other owner of intellectual property whose protected property may appear on any website and/or
dialogue box controlled by AT&T or accessed through the AT&T's websites. Except for material in the
public domain, all material displayed in association with the Service is copyrighted or trademarked.
Except for personal, non- commercial use, trademarked and copyrighted material may not be
copied, downloaded, redistributed, modified or otherwise exploited, in whole or in part, without the
permission of the owner. The RIM and BlackBerry families of related marks, images and symbols are
the exclusive properties and trademarks or registered trademarks of Research In Motion Limited -
used by permission. Good, the Good logo and GoodLink are trademarks of Good Technology, Inc., in
the United States and/or other countries. Good Technology, Inc., and its products and services are
not related to, sponsored by or affiliated with Research In Motion Limited. All other marks contained
herein are the property of their respective owners.
©2012 AT&T Intellectual Property. All rights reserved. AT&T, AT&T logo and all other marks contained
herein are trademarks of AT&T Intellectual Property and/or AT&T affiliated companies. Apple iPhone: ™
and © 2010 Apple Inc. All rights reserved. Apple is a trademark of Apple Inc., registered in the U.S. and
other countries. iPhone is a trademark of Apple Inc.
If any provision of this Agreement is found to be unenforceable by a court or agency of competent
jurisdiction, the remaining provisions will remain in full force and effect. The foregoing does not apply to
the prohibition against class or representative actions that is part of the arbitration clause; if that
prohibition is found to be unenforceable, the arbitration clause (but only the arbitration clause) shall be
null and void.
Assignment; Governing Law; English Language
AT&T may assign this Agreement, but you may not assign this Agreement without our prior written
The law of the state of your billing address shall govern this Agreement except to the extent that such
law is preempted by or inconsistent with applicable federal law. In the event of a dispute between us,
the law of the state of your billing address at the time the dispute is commenced, whether in litigation
or arbitration, shall govern except to the extent that such law is preempted by or inconsistent with
applicable federal law.
The original version of this Agreement is in the English language. Any discrepancy or conflicts between
the English version and any other language version will be resolved with reference to and by
interpreting the English version.
Trial Services are subject to the terms and conditions of this Agreement; may have limited availability;
and may be withdrawn at any time.
NOTICE REGARDING TRANSMISSION OF WIRELESS EMERGENCY ALERTS (Commercial MobileAlert Service)
AT&T has chosen to offer wireless emergency alerts within portions of its service area, as defined by the
terms and conditions of its Agreement, on wireless emergency alert capable devices.
There is no additional charge for these wireless emergency alerts. Wireless emergency alerts may not be
available on all devices or in the entire service area, or if a subscriber is outside of the AT&T service area.
In areas in which the emergency alerts are transmitted, such alerts may not be received by a subscriber
or user of AT&T's wireless service even though the subscriber has a device capable of receiving them.
For details on the availability of this service and wireless emergency alert capable devices, please ask a
sales representative, or go to att.com and click the Wireless Emergency Alerts link. This notice is
required by FCC Rule 47 C.F.R. § 10.250 (Commercial Mobile Alert Service).
In transmitting emergency alerts pursuant to federal law, AT&T, including its officers, directors,
employees, vendors, and agents, shall not be liable to any subscriber to, or user of, AT&T's wireless
service or equipment for any act or omission related to or any harm resulting from the transmission of,
or the failure to transmit, an emergency alert; or the release to a government entity or agency, public
safety, fire service, law enforcement official, emergency medical service, or emergency facility of
subscriber information used in connection with delivering an emergency alert.