DotCom Wireless L.L.C.
Website Term of Use / Legal Restrictions and Terms and Conditions of Service and Associate Agreement

ATTENTION: PLEASE READ ALL THESE PROVISIONS ("TERMS") CAREFULLY BEFORE USING THIS WEB SITE. USING THIS WEB SITE INDICATES YOUR AGREEMENT AND ACCEPTANCE OF THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEB SITE OR DOWNLOAD MATERIALS FROM THIS SITE.

The Site and its Use
The DotCom Wireless L.L.C. ("DotCom Wireless") Web site is owned and provided by DotCom Wireless. The Web sites of DotCom Wireless subsidiaries and affiliated companies are each owned and provided by such subsidiaries and companies. For purposes herein, DotCom Wireless and its subsidiaries and affiliated companies are collectively referred to as "DotCom Wireless." The applicable Web site or sites are referred to herein as the "Site." Each Site is provided for your personal information and non-commercial use. Please feel free to browse the Site; however, your access to and use of the Site is subject to these Terms and all applicable laws.

You shall use the Site for lawful purposes only. You shall not post or transmit through the Site any information or material which violates or infringes, in any way, the rights of others, or which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, harassing, or otherwise objectionable. Nor shall you post or transmit through the Site any information or material which encourages conduct that would constitute a criminal offense, give rise to liability or otherwise violate any law or administrative ruling or guidelines, is in violation of these Terms, or which, without DotCom Wireless prior written approval, contain advertising or any solicitation with respect to products or services. Any conduct by you that, in DotCom Wireless's opinion, restricts or inhibits any other user from using or enjoying the Site will not be permitted.

The Site contains information and materials, including but not limited to, text, software, photos, video, graphics and audio, (collectively "Materials") which are derived in whole or in part from information and materials supplied by DotCom Wireless and other sources, and are protected by international copyright, trademark and other laws and the entire content of the Site is copyrighted as a collective work under the United States Copyright Laws. DotCom Wireless owns the copyright in the overall selection, coordination, arrangement and enhancement of such content, and owns the rights in, or license to use, the individual components of such content. Materials may not be copied, reproduced, republished, modified, uploaded, posted, transmitted or distributed in any way or decompiled, reverse engineered or disassembled, including but not limited to the text, images, audio and/or video, as well as any software (including but not limited to any images or files incorporated in or generated by the software or data accompanying such software), except that you may download one copy of the Materials on any single computer for your personal, non-commercial use only, provided you keep intact all copyright, trademark and other proprietary notices and make no change in or deletion of author attribution. This limited authorization is not a transfer of title in the Materials and by your use of the Site; you acknowledge that you do not acquire any license, ownership or other rights to the Materials. Modification of the Materials or use of the Materials for any other purpose is a violation of DotCom Wireless or such other sources' copyright, trademark and other proprietary rights and may violate other laws. The use of any such Materials on any other Web site or networked computer or environment is prohibited without DotCom Wireless express written consent. If you breach any of these Terms, your authorization to use the Site automatically terminates and you must immediately destroy any downloaded or printed Materials.

Disclaimer
THE SITE AND MATERIALS AND RELATED COMMUNICATIONS ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILTY, NON-INFRINGEMENT, OR FITNESS FOR PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS OF IMPLIED WARRANTIES MAY NOT BE APPLICABLE UNDER CERTAIN CIRCUMSTANCES. DOTCOM WIRELESS ALSO DOES NOT WARRANT THE ACCURACY OR COMPETENESS OF THE MATERIALS, INCLUDING BUT NOT LIMITED TO THE RELIABILITY OF ANY ADVICE, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE BY THE USE OF THE SITE THAT ANY RELIANCE ON ANY SUCH MATERIALS, ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK.

DOTCOM WIRELESS ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE (INCLUDING ANY BULLETIN BOARD AND CHAT ROOM) OR YOUR DOWNLOADING OF ANY MATERIALS FROM THE SITE.

Third-Party Sites
DotCom Wireless may provide as a convenience to you, links to Web sites operated by other entities and persons, but makes no representations whatsoever about any other Web site which you may access through this one. Any link to a non-DotCom Wireless Web site does not mean that DotCom Wireless endorses or accepts any responsibility for the content, or the use of such Web site. If you use these sites, you do so at your own risk. DotCom Wireless makes no warranty or representation regarding, and does not sponsor or endorse, any linked Web sites or the information, materials appearing thereon, or any of products and services described thereon. Furthermore, links do not imply that DotCom Wireless is affiliated or associated with, or that any linked site is authorized to use any trademark, trade name, logo, or copyright of DotCom Wireless.

Third Party Content
Any opinions, statements, services, offers or other information or content expressed or made available in the Site by any third party are those of the respective author(s) or distributor(s) and not of DotCom Wireless.

Limitation of Liability
Your use and browsing of the Site is at your risk. If you are dissatisfied with any of the Materials contained in the Site, or with any of these Terms, your sole and exclusive remedy is to discontinue accessing and using the Site.

UNDER NO CIRCUMSTANCES WILL DOTCOM WIRELESS, ITS SUPPLIERS OR OTHER THIRD PARTIES MENTIONED AT, OR INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, COSTS AND EXPENSES OF ANY TYPE INCURRED, LOST PROFITS, LOST DATA OR PROGRAMS, AND BUSINESS INTERRUPTION) ARISING OUT OF YOUR ACCESS TO, USE, INABILITY TO USE OR THE RESULTS OF USE OF THE SITE, ANY WEB SITES LINKED TO THE SITE, OR ANY MATERIALS CONTAINED AT ANY OR ALL SUCH SITES (INCLUDING BUT NOT LIMITED TO THOSE CAUSED BY OR RESULTING FROM A FAILURE OF PERFORMANCE; ERROR; OMISSION; LINKING TO OTHER WEB SITES; INTERRUPTION; DELETION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; COMMUNICATION LINE FAILURE; OR DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY COMPUTER OR SYSTEM), WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT DOTCOM WIRELESS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

DOTCOM WIRELESS SHALL HAVE NO LIABLITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS, OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.

DotCom Wireless obligations and responsibilities regarding its products and services are governed solely by DotCom Wireless's terms and conditions of sale or license under which such products and services are sold or licensed. Copies of such terms and conditions are available from the applicable DotCom Wireless entity.

Year 2000 Information and Readiness Disclosure Act of 1998
Information contained on DotCom Wireless's past and present Year 2000 Web site pages regarding products and services offered by DotCom Wireless are "Year 2000 Readiness Disclosures" under the Year 2000 Information and Readiness Disclosure Act of 1998, a U.S. statute. Information on Year 2000 regarding non-DotCom Wireless products and services are "Republications" under the Act based on information supplied by other companies and persons about the products and services they offer. DotCom Wireless has not independently verified the contents of these Republications and takes no responsibility for the accuracy or completeness of information contained in such republications.

Safe Harbor
The Materials at the Site may contain various forward-looking statements and which may be based on or include assumptions, concerning DotCom Wireless's operations, future results and prospects. These forward-looking statements are based on current expectations and are subject to risk and uncertainties. In connection with the "safe harbor" provisions of the United States' Private Securities Litigation Reform Act of 1995, DotCom Wireless provides the following cautionary statement identifying important economic, political and technology factors which, among others, could cause the actual results or events to differ materially from those set forth or implied by the forward-looking statements and related assumptions.

Such factors include the following: (1) changes in the current and future business environment, including interest rates and capital and consumer spending; (2) competitive factors and competitor responses to DotCom Wireless's initiatives; (3) successful development and market introductions of anticipated products; (4) changes in government laws and regulations, including taxes; (5) unstable governments and business conditions in emerging economies; (6) continuation of the favorable environment to make acquisitions, domestic and foreign, including regulatory requirements and market values of candidates.

Information Provided By You
It has been and remains DotCom Wireless's policy not to accept or consider ideas, suggestions or materials other than those that DotCom Wireless has specifically requested from you. Accordingly, DotCom Wireless does not want you to, and you should not, send any confidential or proprietary information to DotCom Wireless through the Site unless specifically requested by DotCom Wireless. Please note that any unsolicited information or material sent to DotCom Wireless will be deemed not to be confidential or proprietary. By submitting information and material to the Site, you automatically grant to DotCom Wireless (or warrant that the owner of such information and material has expressly granted to DotCom Wireless) a royalty-free, perpetual, irrevocable, unrestricted, right and license to use, reproduce, display, perform, modify, adapt, publish, translate, transmit and distribute, or otherwise make available to other such information and material (in whole or in part and for any purpose) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed. You also agree that DotCom Wireless is free to use any ideas, concepts, know-how, or techniques that you send DotCom Wireless for any purpose.

As further provided above, DotCom Wireless does not want to receive, and you are deemed to covenant and agree through the use of the Site not to provide, any information or materials to DotCom Wireless that are defamatory, threatening, obscene, harassing, in violation of any law, governmental requirements or otherwise unlawful, or that incorporate the proprietary information or materials of another person or entity.

You shall not upload, post or otherwise make available on the Site any information and material protected by copyright, trademark or other proprietary right without the express written permission of the owner of such right(s). You shall be solely liable for any damages resulting from any infringement of copyright, proprietary rights, or any other harm resulting from such a submission.

Changes
DotCom Wireless reserves the right, in its sole discretion, to revise these Terms at any time and correct any errors or omissions in any portion of the Site and Materials. Materials may also be changed, modified, added, or removed and updated without notice at any time; however, DotCom Wireless is under no obligation to update Materials. DotCom Wireless may also make changes in the products, services, programs, or prices (if any) described in the Site at any time without notice. Your continued use of the Site after any change DotCom Wireless makes to the Site will be considered acceptance of those changes. You should revisit these Terms from time to time to review the then-current Terms because they are binding on you.

Linking to Site:
Anyone linking to DotCom Wireless's Site must comply with DotCom Wireless's guidelines for linking to DotCom Wireless's Site and all applicable laws.

International Users
The Site is administered by DotCom Wireless from its offices in the United States. Materials published at the Site may refer to products, programs, or services that are not available in your country. Consult your local DotCom Wireless business contact in this regard. Furthermore, DotCom Wireless makes no representation that the Materials at the Site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export information and materials in violation of the export laws of the United States or any other country. If you access the Site from a location outside of the United States, you are responsible for compliance with all applicable laws.

Governing Law
These Terms shall be governed by the laws of the State of Nevada, without giving effect to any principles of conflicts of law. If any provision of this Agreement and Terms shall be unlawful, void, or for any reason unenforceable then that provision shall be severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

These Terms constitute the entire agreement between DotCom Wireless and you with respect to your use of the Site. Any cause of action you may have with respect to your use of the Site must be commenced within six (6) months after the claim or cause of action arises.

Privacy:

Overview
DotCom Wireless is aware of the need to address Internet privacy issues and we believe you should be aware of how we intend to treat any information about you that we might receive on the Internet as a result of your visit to the Site.

Information About DotCom Wireless On-Line Visitors
You can visit DotCom Wireless on the Site without telling us who you are or revealing any information about yourself. Our web servers collect the domain names, not the e-mail addresses, of visitors. In general, we gather information about users of the Site collectively in order to determine, for example, which areas users’ access more frequently and which Materials users access the most. This information helps us to determine what is most beneficial for our users, and how we can continually create a better overall experience for our users by improving the content of the Site.

There are times however, when we may need information from you, such as your name and address. Customarily, the personal information DotCom Wireless obtains is used only to respond to inquiries, to process orders, product registration or to allow the user to access specific account information. We may also ask you to voluntarily provide us with information for market research such as, your interests, demographics, and experience with our products. Occasionally, we may make the e-mail addresses of those who provide information available to other reputable organizations whose products or services we think you may find interesting.

Cookies
There is a technology called "cookies" which is an element of data that a Web site can send to your browser that may then store on your system. Some Site pages use cookies so that we can better serve you when you return to our Site. You can set your browser to notify you when you receive a cookie, giving the chance to decide whether to accept it.

Web Site Links
DotCom Wireless's Site may contain links to other Web sites such as DotCom Wireless distributors and sales representatives. While DotCom Wireless tries, to link only to sites that share its high standards and respect for privacy, DotCom Wireless cannot take responsibility for the content or the privacy practices employed by other sites.

Changes
If at anytime DotCom Wireless changes its privacy commitment, DotCom Wireless will post those changes here so that you will know what information DotCom Wireless gathers and how DotCom Wireless might use that information.

These Terms and Conditions of Service govern the sale and delivery of wireless services ("Services") to you by DotCom Wireless a Nevada limited liability company doing business as DotCom Wireless L.L.C. Important: Please read these Terms and Conditions carefully. When you initiate service by attempting to place a call on DotCom Wireless’s system, you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, do not initiate service.

Rate Plans
We offer a variety of rate plans with different Services available for each plan. Our current rate plans are described at our website www.dotcomwireless.com. We will determine what types of Services and rate plans are available, and may modify them from time to time. We will communicate any changes to your plan to you either by text messaging your mobile phone or by posting the changes on our website, or both. Notification or posting on our website will be made in advance of the change. Your prepayment for Services after we post the change on our website, or otherwise notify you of the change, shall be deemed your acceptance of and agreement to the change. We are not responsible for your failure to read any notice posted on our website or otherwise sent to you.

Payments, Service Charges, and Refunds
You will prepay for Services on a monthly basis. Certain Services are "unlimited" in that they are included in your monthly rate plan such that we do not charge you based upon your usage (for example, unlimited local calls). Similarly, certain "add-on" products or services are not based on your usage. All prepayments for "unlimited" services and add-ons not based on usage are NON-REFUNDABLE. We charge for other Services (for example, international long-distance, directory assistance, and downloads) based upon your actual usage of such Services. Prepayments for Services based on usage are credited to your DotCom Wireless account and are refundable without interest within sixty (60) days by request if you terminate the Services prior to your using up the amounts in your prepaid account. At the completion of the term for which you have prepaid for Services, you will not be able to continue using your wireless phone for Services until such time as you have prepaid for another month's Services. There is no grace period. We will attempt to communicate with you (by text message) prior to the expiration of the period for which you have prepaid, to remind you that additional prepayment is required to continue using the Services. However, making additional prepayments prior to the expiration of such period is your responsibility and DotCom Wireless shall not be liable or responsible for any inconvenience, loss, or damage to you resulting from your inability to use the Services after the expiration of the period for which we have received prepayment. If the Services are terminated due to nonpayment, we may charge you an additional fee to reactivate your wireless phone. We may charge you an administrative or convenience fee for processing monthly service fees and prepayments, depending on the method of payment you select. In addition, if your account remains inactive due to nonpayment for fifteen (15) days, your phone number will be unavailable to you in the future, as DotCom Wireless will reuse the number with another customer. If your account remains inactive due to non-payment for fifteen (15) days, you surrender any remaining funds in your DotCom Wireless account. Please visit our website at www.dotcomwireless.com for a complete description of alternative payment methods and associated fees. During the first three (3) days of your use of the Service, you may terminate the Service, return your mobile phone and receive a full refund; provided that you have used less than ten (10) minutes of air time, the phone and all ancillary equipment (battery, charger, etc.) are all returned to us in "like-new" condition and with their original packaging, and you provide us with a proof of purchase.

Limitations on Use of Service
Many factors beyond our control affect your ability to make and receive calls on your wireless phone and the quality of those calls. As a result, sometimes Service, including calls or attempted calls to emergency services like 911, may be interrupted or may fail, and the quality of calls may sometimes be poor. DotCom Wireless makes no representations or warranties about the quality or availability of the Services, and shall not be responsible for service interruptions. You agree to hold DotCom Wireless harmless against any and all losses, claims, demands, and actions arising out of your use of, attempted use of or inability to use the Service, DotCom Wireless also takes no responsibility for interruptions to or inability to connect to or browse the web if that Service is available and made part of the service plan chosen by you.

You agree to comply with all applicable laws when using the Services and not to use the Services for or in connection with any illegal purpose. You agree to indemnify, defend, and hold harmless DotCom Wireless from any violation by you of applicable statutes, ordinances, laws, or regulations of any local, state, or federal authority. We reserve the right to manage our phone systems and the calls on our phone systems in the way we believe best benefits our customers. We may deny a request for Service from any customer or potential customer for any lawful reason. DotCom Wireless also reserves the right to block certain prefixes such as 9xx, 7xx, 5xx, and 8xx from being dialed as well as other numbers that DotCom Wireless determines in its sole discretion are inconsistent with appropriate use of the Service. We may also suspend or terminate Service to any customer if we have reason to believe that the customer is using our Service in an abusive manner or in a manner that interferes with our ability to provide Service to our other customers. Although it is illegal for unauthorized people to intercept wireless phone calls intended for others, DotCom Wireless cannot guarantee the complete privacy of your calls. DotCom Wireless shall not be liable to you or to any third party for any interception by third parties of communications from its system.

The Service may not be used for telemarketing, commercial research, or commercial data collection; any fraudulent, obscene, illegal, harassing or abusive purpose; dispatch services; or in a manner that interferes or causes problems with the operation of DotCom Wireless system. You must use a DotCom Wireless issued mobile phone when using the Services. We may disconnect any calls and terminate any Services made with non-DotCom Wireless issued phones. You may not resell the Service. The Service may not be used continuously without break to create the functional equivalent of a telephone line dedicated to your use. In addition, the Service may be used only for voice communications and may not be used for monitoring activities, to transmit data, or for any other one-way transmission application other than data services expressly offered to you by DotCom Wireless.

Services
DotCom Wireless may from time to time offer optional additional services such as providing you, for a fee, with the option of downloading games, ring-tones, and other products or services from the Internet via a service provider. If you purchase such additional services, may not be available at all times. DotCom Wireless shall neither be liable not responsible for any damages should you not be able to access or use the additional services at all times.

SMS - Text Messaging
Your phone and rate plan may allow you to send or receive text messages (sometimes called SMS). You are responsible for all text messages you send and you agree to hold harmless and indemnify DotCom Wireless from all claims, demands, liabilities, losses, or damages to the extent any text messages from your phone are alleged to have caused or actually do cause damage to other persons. DotCom Wireless also offers a text messaging service, which allows promotional partners, associated companies, and us to send informational text messages to our subscribers. You consent to receiving advertising, alerts, and other broadcast messages from promotional partners, associated companies, and us. You accept SMS messages from promotional partners and associated companies by not "opting-out" of that particular text message service on the promotional partner's or associated company's website or through your phone. You acknowledge that messages sent by other companies to your handset are not under the control of DotCom Wireless and that DotCom Wireless neither reviews nor approves the information contained therein. DotCom Wireless shall not be liable to you or any other person for errors or omissions in any text messaging originating from promotional partners or associated companies. Finally, DotCom Wireless may from time to time offer you the ability to subscribe to certain services by which you receive, for a fee, information or reports generated by other persons (for example, an ocean and surf report) and sent to you over the DotCom Wireless system. DotCom Wireless neither reviews nor approves the specific content of any such report, and DotCom Wireless shall not be liable for any errors or omissions in any such reports.

Safety
Always use your wireless phone in a safe manner that does not create a risk to your safety or the safety of others around you. It can be dangerous, and in some jurisdictions illegal, for you to use a wireless phone while driving.

Termination of Service
We may terminate or suspend your Service at any time and for any reason without liability. If you violate these Terms and Conditions, we may suspend or terminate your Service. DotCom Wireless is not required to provide you with any notification before suspending or terminating your Service. You may terminate your use of the services at any time. Prepaid amounts are not refundable except as expressly stated herein.

Your Cellular Phone Number
We will assign a phone number (the "Number") to your wireless phone. You do not own or have any rights with respect to the Number or any personal identification number ("PIN") that you may use in connection with your Service. We can change, reassign, or eliminate any Number or pin by giving you notice. If your account is suspended, terminated or deactivated, we can assign the Number without giving you any notice. DotCom Wireless makes no guarantee that the number assigned to your phone may be ported into another wireless telephone service provider's network should you decide to discontinue your Service with DotCom Wireless. If the number assigned to your plan by us can be ported to a new wireless telephone service provider, porting can only take place if you have an active account with DotCom Wireless. Service with DotCom Wireless is then discontinued after your new wireless service provider has ported your number into their system. You may be required to purchase a new wireless telephone from the new wireless telephone service provider and you may be without service for some period of time. We may charge a fee to reimburse us for the costs we incur to meet the equipment, technology, and infrastructure requirements necessary to enable number porting. We may also charge a fee to reimburse us for the costs we incur to perform a port.

As a standard service feature, DotCom Wireless transmits your telephone number with each call you make from your DotCom Wireless phone. Your telephone number may be displayed on the telephone of the party called if that person uses caller identification. Your telephone number and location may also be transmitted to public safety officials if you dial 911 or other emergency service numbers. Your number for most calls can be blocked on a call-by-call basis by dialing *67 before the telephone area code and number. In addition, you may elect to have your number permanently blocked, at no charge, by sending a request in writing to: DotCom Wireless, attn: Customer Service, 502 E. John St. Rm. E. PMB 2322 Carson City, NV. 89148

Disclaimer of Warranty; Wireless Phones and Related Equipment
DotCom Wireless does not manufacture wireless phones or related accessory equipment. Your wireless phone and related accessory equipment come with a separate written warranty from the manufacturer. Statements by DotCom Wireless or DotCom Wireless employees and agents regarding the wireless phone or related accessory equipment should not be interpreted as a warranty by DotCom Wireless. DotCom Wireless makes no representations, warranties, express or implied, about your wireless phone, or any related accessory equipment, including, without limitation, any implied warranty or merchantability or fitness for a particular purpose. In no event shall DotCom Wireless be liable for actual, incidental, indirect, special, treble, punitive, consequential or other damages (including lost revenues, lost profits, or other loss by you) arising from the manufacture or warranty of the wireless phone or related accessory equipment. This disclaimer does not deprive you of any rights you may have against the manufacturer. If you lose your mobile phone, DotCom Wireless shall neither be responsible nor liable should any personal, confidential information stored on your mobile phone be misappropriated or misused by any person.

Limitation of Liability: In connection with the services or our relationship with you, neither DotCom Wireless nor any of its members, officers, employees, contractors or agents (the "DotCom Wireless parties") shall be liable for any special, indirect, exemplary or consequential damages and you expressly waiver your right to make claims for such damages. In no event shall the DotCom Wireless parties' liability hereunder, regardless of the legal or equitable theory, exceed the lesser of: (A) your direct damages or (B) one month's service charges for your rate plan.

Services for the Hearing and Speech Impaired
TTY (also known as TDD or Text Telephone) is a telecommunications device that allows people who are deaf or hearing-impaired or who have speech or language disabilities to communicate by telephone. If you have a digital wireless phone that is TTY-compatible, it is possible to make calls, including 911 calls, with a TTY. If you have questions concerning the capabilities of your wireless phone, please contact a DotCom Wireless service representative at *611 from your DotCom Wireless phone, or (866) 892-2966.

 

Risk of Loss or Damage to Wireless Phone
Upon your acceptance of delivery of your wireless phone, all risk of loss, damage, theft, or destruction of your phone is borne by you. In the event of any loss, damage, theft, or destruction of your phone, in whole or in part, you are responsible for purchasing a replacement phone from DotCom Wireless at your expense, and you shall not be entitled to a refund of prepaid amounts for services. Phone replacement insurance may be available. Please contact a DotCom Wireless service representative at *611 from your DotCom Wireless phone or (866) 892-2966 for more information.

Notices
We reserve the right to provide notice to you by telephone, text message, or voicemail service. We may also, at our option, provide you with notice by email or by written means. Any such notice will be treated as effectively provided to you when text messaged to you, left with you on your phone or on your answering/voicemail service, or emailed to you. Any notice that DotCom Wireless mails to you will be deemed provided to you when DotCom Wireless deposits the notice into the United States mail, postage prepaid, addressed to you at your last known address as shown in our billing records. Your notice to us shall be deemed given when actually received by us, whether by telephone, mail, or other means to: DotCom Wireless, attn: Customer Service, 502 E. John St. Rm. E. PMB 2322 Carson City, NV. 89148; phone number *611 from your DotCom Wireless phone or (866) 892-2966

Privacy
At DotCom Wireless we take your privacy seriously. Please review our privacy policy on our website at www.dotcomwireless.com, or you may contact us at DotCom Wireless, attn: Customer Service, 502 E. John St. Rm. E. PMB 2322 Carson City, NV. 89148 to request a written copy of our Privacy Policy. Our Privacy Policy is incorporated in these Terms and Conditions by reference. In providing service to you, DotCom Wireless may receive information classified as "customer proprietary network information" (CPNI) under federal law that is considered confidential, such as information regarding your usage of the Service, the technical configuration of such service, the destination of telephone calls you make and the type of services you purchase. DotCom Wireless may use this information for certain purposes without further disclosure or consent, including the following: to provide you service; to market service offerings to you related to the Services you purchase; or to protect you, other DotCom Wireless users, DotCom Wireless and other carriers from fraud, abuse, or unlawful use of its Service. DotCom Wireless also may share such information with its affiliates and third-party agents for the limited purpose of making available to you communications-related offers and information that may be of interest to you. However, we will contact you prior to disclosing any CPNI to our affiliates or third party agents, and you have the right under federal law to request DotCom Wireless not to disclose your confidential information for this purpose, and DotCom Wireless has the duty to honor any such request. You may "opt-out" of disclosure of your CPNI to DotCom Wireless affiliates and third-party agents for this purpose by writing or calling us at DotCom Wireless, attn: Customer Service, 502 E. John St. Rm. E. PMB 2322 Carson City, NV. 89148. Phone number *611 from your DotCom Wireless phone or (866) 892-2966 Opting-out will not affect the provision of Service by DotCom Wireless to you. Additional provisions regarding our use of CPNI and other subscriber information is set forth in our Privacy Policy.

Responsibility
At DotCom Wireless, we recognize that parents or adult family members may sometimes desire for a minor under their supervision to use the Services. The parent, guardian, or adult shall at all times be responsible for the minor's use of a DotCom Wireless phone and the services, and shall indemnify, defend, and hold harmless DotCom Wireless from and against any and all losses, claims, and liabilities arising from or related to any such minor's operation of the mobile phone and use of the Services. This obligation includes, without limitation, responsibility for ensuring the mobile phone and Services are not used for any illegal, improper, or offensive purposes, responsibility for any injury to the minor and financial responsibility for all services used. All usage of Services by minors is subject to these Terms and Conditions.

General Provisions Regarding These Terms and Conditions
We may modify these Terms and Conditions at any time with or without notice. Our current Terms and Conditions are available at our website at www.dotcomwireless.com. If we waive any portion of these Terms and Conditions, the waiver will not be treated as a waiver by us of any other provision, or of our right to enforce the provision we previously waived for any later violation. Section headings in these Terms and Conditions are for descriptive purposes only and will not be used in interpreting or limiting the legal effects of these Terms and Conditions. You may not transfer or assign all or any part of your rights and obligations under these Terms and Conditions, or your Service, without our prior written approval. DotCom Wireless may transfer or assign its rights and obligations under these Terms and Conditions in whole or in part without giving you notice or obtaining consent from you, other than as may be required by law. Upon its transfer or assignment, DotCom Wireless shall be released from all liability with respect to its provision of Services. These Terms and Conditions are not for the benefit of any third parties except our affiliates and subsidiaries, the DotCom Wireless Parties, and any person or entity to whom we transfer or assign these Terms and Conditions. These Terms and Conditions, and our provision of Services to you, shall be interpreted in accordance with the laws of the State of Hawaii and any applicable federal laws. If any provision in these Terms and Conditions is declared to be illegal or in conflict with any law, rule, or regulation, that provision may be deleted or modified without affecting the validity of the other provisions of these Terms and Conditions. Any and all disputes arising under these Terms and Conditions or the provision of Services to you shall be resolved exclusively in state or federal court in Carson City Nevada, to the exclusion of all other possible venues or locations. We both waive our right to a jury trial in any such proceeding. The prevailing party in any litigation shall be entitled to recover its reasonable costs of suit and attorneys' fees. All provisions of these Terms and Conditions, which by their nature are intended to survive termination of the Services to you (for example, disclaimers, limitations of liability, and indemnity provisions), shall survive such termination.

Customer Service
If you have any questions regarding your Service or information in these Terms and Conditions, you may call our Customer Service Center at*611 from your DotCom Wireless phone or (866) 892-2966.

 

INDEPENDENT ASSOCIATE AGREEMENT

1. I hereby apply to become an Independent Associate (hereinafter “distributor”) of the DotCom Wireless, LLC (hereinafter "Company") marketing program.

2. As an independent distributor, I understand and agree that:

3. I am of legal age in the state in which I enter this agreement.

4. I shall become a Company Distributor upon acceptance of this application by the Company. As a Distributor, I shall have the right to sell the services and products offered by the Company in accordance with the Company's marketing program and statement of policy, which may be amended and changed from time to time.

5. Upon notification to Distributors, the Company, at its discretion, may amend the marketing plan, product pricing, statement of policy, etc.

6. I have carefully reviewed the Company's marketing plan, rules and regulations, and policies and procedures, and acknowledge that they are incorporated as part of this agreement in their present form and as modified from time to time by the Company.

7. The term of the Company Distributor Independent Marketing distributorship agreement is one year. Company Distributors, who wish to continue their Independent Marketing distributorships, must apply to renew their Distributor agreement annually. The Company reserves the right to accept or reject your application for renewal and the renewal shall be deemed accepted if it has not been rejected in writing by the Company within 30 days of receipt of the renewal fee and application. The renewal fee is for ongoing sales and marketing materials support in both written and electronic and online media formats, including product and service and training updates, website development, and maintenance and hosting, and accounting and technical support of management of your marketing sales activity, and management of both your business and sales force management.

8. A Distributor shall be entitled to cancel participation in the marketing program at any time and for any reason upon notice to the Company. Upon notification of cancellation or termination, the sponsoring Distributor or the Company will repurchase inventory and mandatory sales kit materials in accordance with its policies as stated in the Company's marketing program and statement of policy. Statement of policy: Notice Of Cancellation I may cancel this transaction, without penalty or obligation, for a full refund, within ten (10) business days from the date of this Agreement, exclusive of the date of signing or if processed electronically the date this Agreement is submitted to DotCom Wireless for processing.  I understand that if I cancel after the ten (10) day period, I am not entitled to a full refund. This limitation is not applicable in Georgia or is superseded by any state law. If I cancel within the ten (10) business days from the date of this Agreement, any payments made by me under this Agreement and any instrument executed by me will be returned within thirty (30) business days following receipt by DotCom Wireless of my Cancellation Notice. If I cancel, I must make any literature or materials I have received available for return to DotCom Wireless in substantially as good condition as when received. To cancel this Agreement, I must mail, via registered or certified mail, return receipt requested, or deliver personally to DotCom Wireless a signed, dated copy of a Notice of Cancellation to: DotCom Wireless, LLC., 502 E. John Street Rm. E. PMB 2322 Carson City, NV. 89706. Where applicable state law on cancellation is inconsistent with DotCOm Wireless policy, such state law shall be in force. I hereby apply to become an Independent Associate for DotCom Wireless, LLC. and have carefully read and agree to abide by all terms and conditions of this Agreement.

9. Upon acceptance of this application by the Company, I will be an independent contractor responsible for my own business and not an employee of the Company. I will not be treated as an employee in regard to any laws covering employees, including but not limited to the Federal Insurance Contributions Act, the Social Security Act, the Federal Unemployment Tax Act, income tax withholding at source or for any federal or state tax laws. It is my responsibility to pay self­employment, state and federal income taxes as required by law.

10. I will not use the Company's trade name and/or trademark except in the advertising provided to me by the Company or in other advertising without prior written approval by the Company.

11. Any Distributor, who sponsors other Distributors, must fulfill the obligation of performing a bona fide supervisory, distributing and selling function in the sale or delivery of product to the ultimate consumer and in the training of those sponsored. Distributor must have ongoing contact, communication and management supervision with his or her sales organization. Examples of such supervision may include, but are not limited to: newsletters, written correspondence, personal meetings, telephone contact, voice mail, electronic mail, training sessions, accompanying individuals to Company training and sharing genealogy information with those sponsored. Distributors should be able to provide evidence to the Company semiannually of ongoing fulfillment of sponsor responsibilities. If a Distributor is an Enroller in the marketing program entitled to Enroller bonuses, then the Enroller is obligated to the same responsibilities of supervisory, communication and training activities with respect to Distributors he or she has enrolled, irrespective of whether the Enroller is also the Sponsor of those Distributors.

12. The company's program is built upon retail sales to the ultimate consumer. The company also recognizes that Distributors may wish to purchase product or service in reasonable amounts for their own personal or family use. For this reason, a retail sale for bonus purposes shall include sales to non-participants, as well as sales to Distributors for personal or family use which are not made for purposes of qualification or advancement. It is company policy, however, to strictly prohibit the purchase of product or large quantities of inventory in unreasonable amounts solely for the purpose of qualifying for bonuses or advancement in the marketing program. Distributors may not inventory load nor encourage others in the program to load up on inventory. Distributors must fulfill published personal and downline retail sales requirements, including requisite retail sales to non-participants, as well as supervisory responsibilities, to qualify for bonuses, overrides or advancements.

13. The Distributor acknowledges that a Distributor is a wholly independent marketing representative who establishes and services retail customers for Company products as an independent contractor. The position of Distributor does not constitute either a sale of a franchise or an Independent Marketing distributorship, and absolutely no fees have been or will be required from the Distributor for the right to distribute the Company's products pursuant to this agreement. This agreement is not intended and shall not be construed to create a relationship of employer­employee, agency, partnership, or joint venture between any Distributor, sponsor and/or the Company. As an independent contractor, the Distributor shall:

14. Abide by any and all federal, state, county and local laws, rules and regulations pertaining to this agreement and/or the acquisition, receipt, holding, selling, distributing or advertising of Company products.

15. At the Distributor's own expense, make, execute or file all such reports and obtain such licenses as are required by law or public authority with respect to this agreement and/or the receipt, holding, selling, distributing or advertising of Company products.

16. Be solely responsible for declaration and payment of all local, state and federal taxes as may accrue because of the Distributor's activities in connection with this agreement.

17. No purchase or investment is necessary to become a Company Distributor other than the purchase of a Distributor sales kit which is sold "at Company cost." (Purchase is optional in North Dakota.)

18. Prior written approval from the Company is required for the following:

19. To advertise Company products;

20. For there to be more than one Distributor in an immediate family in one household;

21. Issuance of a position in a Company or corporate name.

22. The Company may immediately terminate a Distributor who discredits the Company's name, violates any requirement contained in this Agreement, Company Policy and Procedures, or training manuals or misrepresents the Company's products or business opportunity by making claims contrary to the Company's product literature and labels.

23. This agreement constitutes the entire agreement between the Distributor and Company and no other additional promises, representations, guaranties or agreements of any kind shall be valid unless in writing.

24. This agreement shall be governed by the laws of the state of Nevada, and all claims, disputes and other matters between the parties of this agreement shall be brought in Carson City District Court, in Carson City, Nevada, or in the U.S. District Court, in Reno, Nevada.

25. I acknowledge that I have read and understand and agree to the terms set forth in this agreement.

26. This agreement is not in force until accepted by the Company.