Voicemail

Your device has been programmed to forward calls when your line is busy or when you are not available. T-Mobiles voicemail system offers your caller the option to record a voice message that you can play back at your convenience or to send a numeric page to your device.
NOTE: Airtime charges apply to receipt and retrieval of voicemail messages.

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E-mail T-Mobile My E-mail
This service provides you unlimited access to your work and personal email. Instantly access your e-mail from AOL, Yahoo! Mail Plus, EarthLink, Comcast, Microsoft Exchange, Lotus Notes/Domino, and many more, including any POP3 or IMAP4 e-mail server. See the Using T-Mobile My E-mail section in this guide for more information.

Pocket MSN

Pocket MSN delivers the features of MSN Messenger and Hotmail e-mail to your device. With Pocket MSN you can:
Send and receive e-mails from your free Hotmail account Send and receive instant messages with MSN Messenger
NOTE: You must have either a Microsoft.NET Passport or a Hotmail account to use MSN Messenger. If you have a Hotmail.com or MSN.com e-mail address, then you already have a Passport. To get a Passport account, go to www.passport.com. To get a Hotmail account, go to www.hotmail.com.
USB cable and wireless synchronization
You can get e-mail, calendar, contact, tasks, and notes information using the following methods: Use USB cable You can connect your device to your computer using the USB cable to synchronize e-mail, calendar, and contact information. Synchronize wirelessly You can also wirelessly synchronize e-mail, calendar, contact, tasks, and notes information with a computer if you have Microsoft Exchange Server 2003, and if the server is set up for wireless synchronization. See the Using E-mail section in this guide for more information.

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Messaging Text Messaging (SMS)
Text messaging allows you to send, receive, and reply to short text messages using your device. Messages may be sent to and from mobile devices that support text messaging. You may be charged for using text messaging depending on your rate plan. Visit www.t-mobile.com or a T-Mobile store for domestic and international text messaging rates. See the Text Messaging section in this guide for more information on how to send text messages.

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1. Have your service agreement and the following information ready for your Activations representative: Name, home address, home phone, preferred billing address.
NOTE: For business and government accounts, your Activations representative will also require your physical address, company name or government agency name, and the tax ID.
Social Security number, current drivers license number, and date of birth for credit-check purposes Model number of your device (HTC Mobile Digital Assistant) SIM serial number (on the back of the SIM card) IMEI number (on the label under the battery) Agent code (on your service agreement) Your choice of T-Mobile rate plans and services
2. Call Customer Care at 1-800-937-8997 from a landline phone.

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Setting Up Your Device
Inserting SIM Card and Battery
If you have purchased your device from an authorized T-Mobile retailer, the SIM card may already be in your device. To insert the SIM card and battery: 1. Remove the battery cover by sliding the battery cover release toward the center of the device. The cover will pop up slightly. Grasp the bottom edge and pull up.
2. Pull the plastic ribbon up to lift and remove the battery.

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3. Align the angled corner on the SIM card with the angled corner on the SIM card slot with gold contacts facing down. Slide the SIM card into the SIM card slot.
4. Place the battery on top of the ribbon and gently push down to snap into place. Replace the battery cover.

Charging Battery

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Use USB Cable

1. Insert the USB plug into a USB port on your computer. 2. Insert the other end of the USB cable into the sync connector port on the bottom of the device.
NOTE: If the battery power is completely drained, then you must charge using the AC adapter.

Use AC Adapter

1. Insert the AC adapter plug into an electrical outlet. 2. Insert the other end of the AC adapter into the sync connector port on the bottom of the device.

Turning on Device

To turn on the device, press the Power key on the top of the device. The first time you turn on your device, you will be prompted to calibrate your screen. Follow instructions on the screen to complete the calibration. When done, you will see the Today screen, and you can start making calls. See the Using Phone Features section in this guide for more information.

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Using Phone Features
After you have activated service with T-Mobile, you can start using the phone features on your device.
Making a Call Using Phone Pad
1. Press the green Send key to open the phone pad.

Tap Answer or press the green Send to place the first call on hold. Tap Swap to swap between calls. Tap End or press the red End the first call.
key to accept the second call and
key to end the second call and go back to
Enabling Speakerphone Mode
Your device has a speakerphone that allows you to talk hands-free and/or let other people listen to the caller. To turn on speakerphone: 1. Press the green Send key to open the phone pad. 2. Type the phone number. 3. Tap Talk to initiate the call. 4. Tap Speaker On or press and hold the green Send key until the speakerphone comes on and the icon appears in the top toolbar. To turn off the speakerphone, tap Speaker Off or press and hold the green Send key again until the speakerphone icon disappears from the top toolbar.

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Accessing the Internet
Your device supports GPRS / EDGE and Wi-Fi to give you high-speed wireless voice and data connectivity at home, at work, and on the go. To access the Internet on your device, you must add T-Mobile Internet and/or T-Mobile HotSpot service to your account (additional charges may apply). Inform your T-Mobile Activations representative that you want to add T-Mobile Internet and/or T-Mobile HotSpot when activating service with T-Mobile (1-800-937-8997). See the Activating Service section in this guide for more information.
T-Mobile Internet gives you wireless access to the Internet over the GPRS / EDGE network in many locations in the U.S. and worldwide (where T-Mobile coverage is available and where T-Mobile has roaming agreements in place).
T-Mobile HotSpot gives you wireless access to the Internet over the T-Mobile Wi-Fi network in convenient locations across the U.S., such as airports, coffeehouses, bookstores, universities, and more. It is great for e-mail, Web browsing, and other high-bandwidth applications. Visit www.t-mobile.com/ hotspot for a complete listing of T-Mobile HotSpot locations.
Accessing the Internet T-Mobile Internet (GPRS / EDGE)
After you have added T-Mobile Internet to your account, you can access the Internet over the GPRS / EDGE network. To access: 1. Tap Start. 2. Tap Internet Explorer to open the browser. 3. Type the Web site address in the address bar. 4. Tap Go.

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TIPS indicates that the GPRS / EDGE network is available, but your device is not connected. indicates that you are connected to the Internet over the GPRS / EDGE network.
After you have added T-Mobile HotSpot to your account, you can access the Internet over the T-Mobile Wi-Fi network. First, you turn on Wi-Fi on your device and then access the Internet. To turn on Wi-Fi and access the Internet: 1. Press the Comm Manager Comm Manager. 2. Tap Wi-Fi to connect. key on the left side of the device to open the

When Wi-Fi is active, the icon changes to Navigation bar.

and you see

on the
You can log in to another Wi-Fi network that has roaming agreements with T-Mobile. Tap the network that you want to use and launch your Web browser (Start > Internet Explorer). A login screen opens where you can type your username and password for your T-Mobile HotSpot account. Visit www.t-mobile.com/hotspot for a listing of T-Mobile HotSpot roaming partners. If you select a network that does not have roaming agreements with T-Mobile, then the Web browser will take you to a screen where you can create an account for that network.
If there are multiple Wi-Fi networks available, your device displays the available networks. Tap tmobile and tap Ok. Tap The Internet (or work via a VPN) and tap Connect.

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3. Tap Exit at the Comm Manager screen. The device displays the following screen.
If you do not have a T-Mobile HotSpot account, tap Sign Up For HotSpot service. You will be taken to a screen where you can add T-Mobile HotSpot to your account using your device. If you tap Do not ask me again (disable), you are disabling the HotSpot Utility screen where you type your username and password to log in to T-Mobile HotSpot. You will not be able to log in at all because the device will not prompt you the next time you are at a TMobile HotSpot location. To access the HotSpot Utility screen again, select Start > Settings > T-Mobile HotSpot. If you select Login, you will see the HotSpot Utility screen where you can log in to T-Mobile HotSpot with your username and password. If you select Cancel, you will exit out and will not be connected to T-Mobile HotSpot.
4. Tap Login. The HotSpot Utility screen opens

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5. At the HotSpot Utility screen, type your username and password and tap Ok. Your device connects to T-Mobile HotSpot and informs you if connection is successful.
6. Tap Hide. Continue with Step 7 to access the Internet. 7. Tap Start > Internet Explorer. 8. Type the Web site address in the address bar. 9. Tap Go. OTHER WI-FI NETWORKS You can access the Internet through other Wi-Fi networks using your device. To access other Wi-Fi networks, turn on Wi-Fi on your device. If your device detects a Wi-Fi network, it will prompt you to select the network. You may need to enter security information to access the network such as username, password, WEP Key, and so on. Your device supports 802.11b in Infrastructure Mode, WEP, and WPA.

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Using E-mail
You can access e-mail through various methods:
Using T-Mobile My E-mail Using Pocket MSN Hotmail Using USB cable and Microsoft ActiveSync to synchronize with a computer Synchronizing wirelessly with a Microsoft Exchange Server 2003 (if server is set up for wireless synchronization)

Using T-Mobile My E-mail

T-Mobile My E-mail service provides you unlimited access to your work and personal e-mail. Instantly access your e-mail from AOL, Yahoo! Mail Plus, EarthLink, Comcast, Microsoft Exchange, Lotus Notes/Domino, and many more from your device (including any POP3 or IMAP4 e-mail server).

Adding an e-mail account

1. At Today screen, tap Set up My E-mail. 2. Tap Add a new My E-mail account.
If you select Add a new My E-Mail account, you will be taken to a screen where you can type the username and password of the e-mail account that you want to add. Follow instructions on the screen to set up your device to access that account. If you select Download settings for existing My E-Mail accounts, you will be taken to a screen where you can download e-mail from your existing account(s). If you select Configure My E-Mail Triggers, you will be taken to a screen where you can enable or disable automatic e-mail updates. Follow instructions on the screen to learn more about updates.
3. Tap Next. 4. Type your e-mail address and password. 5. Tap Next.

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6. After you have added an account to your device, you will see a new Inbox for this e-mail account at Start > Messaging, and you are ready to send and receive e-mail messages.
NOTE: If you turn off the Alerts feature at www.My.T-Mobile.com, then you will not receive automatic e-mail updates and My E-mail alerts on your device. If you would like to access My E-mail on your computer, then you will need to register for an account on www.My.T-Mobile. com.

Using Pocket MSN Hotmail

Send and receive e-mail from your free Hotmail account using your device Send and receive instant messages with MSN Messenger from your device
Sign in and retrieve e-mail
1. At Today screen, tap Tap here to sign in to Pocket MSN!. 2. Type your MSN.com or Hotmail.com e-mail address and password. 3. Tap Sign in. 4. At Today screen, tap the Pocket MSN butterfly icon. 5. Tap MSN Hotmail. 6. Tap Menu. 7. Tap Send / Receive to download e-mails from your Hotmail account.

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Synchronizing with Computer Using USB Cable
You can synchronize e-mail, calendar, contacts, tasks, and notes directly with your computer by connecting the device to the computer using the USB cable. Before you can synchronize using the USB cable, you must first install Microsoft ActiveSync and Microsoft Outlook (if you do not have it already) on your computer. ActiveSync is a synchronization program that allows you to:

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Send message to a listed contact
1. At contact list, tap and hold the contact. 2. Tap Send an Instant Message. 3. Type your message. 4. Tap Send.

Block messages

1. At contact list, tap and hold the contact. 2. Tap Block.

AOL Instant Messenger

Sign on to AIM 1. Tap Start. 2. Tap Programs. 3. Tap Instant Messaging. 4. Tap AOL Instant Messenger. 5. Type your screen name and password. Passwords are case sensitive. 6. Tap Sign On. To sign off, tap Menu > Sign Off > Yes.

Add a Buddy

1. At Buddy List, tap Menu. 2. Tap Add Buddy. 3. Type the buddys screen name. 4. Tap Add.

Delete a Buddy

1. At Buddy List, tap and hold the buddy you want to delete. 2. Tap Delete Buddy. 3. Tap Yes.

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Send message to a listed Buddy
1. At Buddy List, tap and hold the buddy. 2. Tap Send IM. 3. Type your message. 4. Tap Send.
Send message to an unlisted Buddy
1. At Buddy List, tap Menu. 2. Tap Send IM to. 3. Type the buddys screen name and tap Ok. 4. Type your message. 5. Tap Send.
1. At Buddy List, tap and hold the buddy. 2. Tap Block. 3. Tap Yes.

ICQ Sign on to ICQ

1. Tap Start. 2. Tap Programs. 3. Tap Instant Messaging. 4. Tap ICQ. 5. Type your ICQ number and password. Passwords are case sensitive. 6. Tap Connect. To sign off tap Menu > Disconnect > Yes.

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1. At contact list, tap Menu. 2. Tap Add User. 3. Type the contacts ICQ number and nickname. 4. Tap Add.
1. At contact list, tap and hold the contact you want to delete. 2. Tap Delete User. 3. Tap Yes.
1. At contact list, tap and hold the contact. 2. Tap Send Message. 3. Type your message. 4. Tap Send.
Send message to an unlisted contact
1. At contact list, tap Menu. 2. Tap Send Message To. 3. Type the contacts ICQ number and tap Ok. 4. Type your message. 5. Tap Send.
1. At contact list, tap and hold the contact. 2. Tap Block. 3. Tap Yes.

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Yahoo! Messenger Sign in to Yahoo!
1. Tap Start. 2. Tap Programs. 3. Tap Instant Messaging. 4. Tap Y! Messenger. 5. Type your Yahoo! ID and password. Passwords are case sensitive. 6. Tap Sign In. To Sign off tap Menu > Sign Out > Yes.
1. At contact list, tap Y! Mobile Messenger. 2. Tap Menu. 3. Tap Add Contact. 4. Type the contacts Yahoo! ID and nickname. 5. Tap Add.
1. At contact list, tap and hold the contact. 2. Tap Send a Message. 3. Type your message. 4. Tap Send.

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Send message to an unlisted contact:
1. At contact list, tap Menu. 2. Tap Send a Message to. 3. Type the contacts Yahoo! ID and tap Ok. 4. Type your message. 5. Tap Send.

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SEND A WRITTEN DESCRIPTION OF YOUR CLAIM TO OUR REGISTERED AGENT (See Sec. 22). IF YOU DO NOT REACH AGREEMENT WITH US WITHIN 30 DAYS, INSTEAD OF SUING IN COURT, YOU AGREE THAT ANY CLAIM MUST BE SUBMITTED TO FINAL, BINDING ARBITRATION WITH THE AMERICAN ARBITRATION ASSOCIATION (AAA) UNDER ITS PUBLISHED WIRELESS INDUSTRY ARBITRATION RULES, WHICH ARE A PART OF THE AGREEMENT BY THIS REFERENCE AND ARE AVAILABLE BY CALLING THE AAA AT 800-7787879 OR VISITING ITS WEB SITE AT www.adr.org. You must serve our registered agent (See Sec. 22) with a notice of an arbitration in order to begin an arbitration. This agreement to arbitrate extends to claims that you assert against other parties, including without limit equipment manufacturers and dealers, if you also assert claims against us in the same proceeding. The Agreement involves interstate commerce and despite the choice of law provision in Sec. 25, the Federal Arbitration Act and federal arbitration law govern arbitrations under the Agreement. An arbitrator may only award as much relief as a court having jurisdiction in the place of arbitration, limited to the same extent that a court would limit such relief and consistent with the provisions of the Agreement. An arbitrator may order injunctive or declaratory relief (so long as that injunctive or declaratory relief does not apply beyond your dealings with us) or summary judgment under applicable law. AAA has a fee schedule for arbitrations. You will pay your share of the arbitrators fees except: (a) for claims less than $25, we will pay all arbitrators fees and (b) for claims between $25 and $1000, you will pay $25 for the arbitrators fee. You and we agree to pay our own other fees, costs and expenses including those for counsel, experts, and witnesses. Visit www. adr.org arbitrator fee information in hardship circumstances. Neither you nor we may be a representative of other potential claimants or a class of potential claimants in any dispute, nor may two or more individuals disputes be consolidated or otherwise determined in one proceeding. While the prohibition on consolidated or classwide proceedings in this Sec. 3 will continue to apply: (a) you may take claims to small claims court, if they qualify for hearing by such court and (b) if you fail to timely pay amounts due, we may assign your account for collection and the collection agency may pursue such claims in court limited strictly to the collection of the past due debt and any interest or cost of collection permitted by law or the Agreement. YOU AND WE ACKNOWLEDGE AND AGREE THAT THIS SEC. 3 WAIVES ANY RIGHT TO A JURY TRIAL OR PARTICIPATION AS A PLAINTIFF OR AS A CLASS MEMBER IN A CLASS ACTION. IF A COURT OR ARBITRATOR DETERMINES THAT YOUR WAIVER OF YOUR ABILITY TO PURSUE CLASS OR REPRESENTATIVE CLAIMS IS UNENFORCEABLE, THE ARBITRATION AGREEMENT WILL NOT APPLY AND OUR DISPUTE WILL BE RESOLVED BY A COURT OF APPROPRIATE JURISDICTION, OTHER THAN A SMALL CLAIMS

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COURT. SHOULD ANY OTHER PROVISION OF THIS ARBITRATION AGREEMENT BE DEEMED UNENFORCEABLE, THAT PROVISION SHALL BE REMOVED, AND THE AGREEMENT SHALL OTHERWISE REMAIN BINDING. 4. Changes to the Agreement or Charges. We may change or increase the charges for Service, Other Services, or any other charges at any time. However, if we: (a) increase the charges for a Service and you would be charged a cancellation or other fee to cancel that Service, or (b) we modify a material term of our Agreement with you and the modication would be materially adverse to you, we will notify you of the increase or modication (as provided in Sec. 22) and you can cancel the affected Service without paying the cancellation or other fee (which is your only remedy) by following the cancellation instructions in the notice. If you do not cancel the Service by following the instructions in the notice, then you agree to the increase or modication, even if you paid for Service in advance. If the notice does not say how long you have to cancel, then it is within 14 days after the date of the notice. If we increase charges for Service or Other Services to which no cancellation or other fee to cancel service applies (e.g., use of directory assistance), we will notify you of the increase, but you will still be responsible for any cancellation fee applicable to any Services you may have if you cancel Service. 5. Term; Cancellation of Service. The Agreement applies for all Services you receive until you or we terminate it. After you or we terminate the Agreement, you must pay all amounts you owe us. If you select a plan with a xed contract term longer than 1 month, the term of the Agreement continues for the number of full months selected (Fixed Term). After the Fixed Term, you become a month to month customer under the Agreement. We may cancel your Service for any reason upon 3 days notice (except if you breach we may cancel immediately without prior notice). You may cancel Service for any reason by providing 30 days notice to us. If you breach the Agreement or cancel Service prior to the end of a Fixed Term, you agree that the resulting actual damages to us would be impracticable or extremely difcult to determine and that you will pay us, as a reasonable estimate of our damages and in addition to other amounts owed (unless prohibited by law), a $200 cancellation fee per Number (which may be deducted from your deposit, charged to your Card or billed to your account). In addition, we may keep any amounts prepaid by you sufcient to cover any charges and fees you owe. 6. Handset Return and Cancellation Policy. You may cancel Service without paying an applicable cancellation fee if within the Return Period (dened below) you: (a) contact us to cancel Service and (b) return to the place of purchase, with proof of purchase, any Unit purchased from us or our authorized dealer in connection with your activation of Service. The Return Period is 14 calendar days from Service

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Number and we may charge you a fee. You may not program any other Number into your Unit. You may not use the Service, the network, or your Unit for any fraudulent, unlawful, harassing or abusive purpose, or so as to damage or cause risk to our business, reputation, employees, subscribers, facilities, or to any person. Improper uses include, without limit: a) Posting or transmitting content you do not have the right to post or transmit (such as ringtones); b). Posting or transmitting content that infringes a third partys intellectual property, publicity, privacy, or other right; c). Posting or transmitting content that is unlawful, untrue, defamatory, threatening, obscene, or otherwise objectionable as determined by us; d) Attempting to intercept or collect data about third parties without their consent; e) Tampering with material posted by any other person; f) Tampering with or using non-public areas of the Service or network; g) Attempting to probe or test the vulnerability of a system or network or to breach security or authentication measures; h) Attempting to access or search the Service or network with any software, or mechanism other than the software and/or search agents provided by us or other generally available third party browser; i) Sending unsolicited messages, including without limit, ads for goods or services, pyramid schemes or spam ; j) Using the Service or Other Services to send deceptive or false source-identifying information; k) Attempting to decipher, decompile or reverse engineer any of the software comprising or in any way making up a part of the Service; l) Attempting to interfere with the access of any user, host or network, including without limit, sending a virus through the Service, overloading, spamming, or mailbombing the Service; or m) Impersonating or misrepresenting your afliation with any person or entity. If we suspect violations of any of the above, we may: a) begin legal action, b) immediately, without prior notice suspend or terminate the Agreement and the Service, c) suspend or terminate any other T-Mobile agreements between us and you and the T-Mobile service provided under those agreements, and d) cooperate with law enforcement in legal proceedings against violators. You agree to cooperate with us in investigating suspected violations. 9. Use of Unit With Other Providers. Your Unit may not be compatible with another wireless carriers systems or technology therefore, we cannot assure you that your Unit will work with the services provided by another wireless carrier. You may buy equipment from us, or from someone else, but it must be GSM/GPRS equipment that is compatible with our systems and Service and there is no guarantee that all T-Mobile features will function with that equipment. 10. Default; Termination. You will be in default under the Agreement if you: (a) do not pay any sum when due, (b) breach the Agreement or any other agreement between you and us, (c) become the subject of any proceeding under the Bankruptcy Code

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the date of the rst bill that contains the charge to notify us or you waive your right to that charge. Please contact Customer Care at www.t-mobile.com, (800) 937-8997 or 611 from your Unit so that we can review your account. If you accept a credit to resolve an issue, you agree the issue is fully resolved. We may require you to describe the dispute in writing. Any written communications concerning charges must be sent to: T-Mobile Consumer Relations, PO Box 37380, Albuquerque, NM 87176-7380. If we determine that you owe some or all of the amount in dispute, that amount will be added to any current charges and must be paid by the date shown on your bill. If we accept late or partial payments or payments marked Paid in Full or similar notations, it will not waive any of our rights to collect all amounts that you owe us and it will not be an accord and satisfaction. We may charge you a returned check fee of up to $20 or such amount as may be permitted by law for any check returned for insufcient funds and/or we may stop accepting check payments from you. 14. Taxes and Fees. We invoice you for taxes, fees and other charges (e.g. sales, use, excise, public utility and other taxes) levied by or remitted directly to federal, state or local authorities, or foreign governments imposed on you or us as a result of providing the Service, your Unit or Other Services (Taxes and Fees). We will determine, in our reasonable discretion, the Taxes and Fees you are responsible to pay and the amount of those Taxes and Fees, which may change or increase at any time without notice. If you claim a tax exemption, you must provide us with a valid tax exempt document. Tax exemption only applies to Taxes and Fees incurred after the date we receive the tax exempt document (you wont receive credit for Taxes and Fees youve already paid). We are required to use the residential or business street address you provided, which must be within our licensed service area, to determine certain Taxes and Fees. If you give us an address (such as a PO box) that is not a recognized street address, you will be assigned a default location for Taxes and Fees calculation, which may result in a higher or lower charge for certain Taxes and Fees and you have 60 days from the date of the rst bill that contains disputed Taxes and Fees to notify us or you waive your right to dispute those Taxes and Fees. We may also bill you for: a) a regulatory and administrative fee to recover costs related to federal and state mandates, including without limit fees or costs related to E-911, local number portability and number pooling (the amount or method of calculation may change at any time without notice to you) and b) Federal Universal Service Funds (FUSF). The regulatory and administrative fee and FUSF are not taxes or government required charges. We charge the FUSF based on a percentage of your wireless service charges. A contribution factor provided by the Federal Communications Commission (FCC)(which may change without notice) is one factor used to calculate the percentage. We may impose the regulatory & administrative fee whether or not all or some services are used, or available to you, or in your location.

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causes beyond our reasonable control, including without limitation the failure of an incoming or outgoing call, including 9-1-1 emergency, priority access, or secured service call, to be connected or completed or for the functionality of location services, including 9-1-1 location services, priority access or secured call service. EVEN IF T-MOBILE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, T-MOBILE AND THE T-MOBILE AFFILIATES WILL NOT BE LIABLE TO YOU OR ANY OF YOUR EMPLOYEES, AGENTS, CUSTOMERS OR ANY THIRD PARTIES FOR ANY DAMAGES ARISING FROM USE OF THE SERVICE, ANY UNIT OR OTHER SERVICES, INCLUDING WITHOUT LIMITATION: PUNITIVE, EXEMPLARY, INCIDENTAL, TREBLE, SPECIAL OR CONSEQUENTIAL DAMAGES; LOSS OF PRIVACY OR SECURITY DAMAGES; PERSONAL INJURY OR PROPERTY DAMAGES; COPYRIGHT, TRADEMARK, PATENT, TRADE SECRET OR OTHER INTELLECTUAL PROPERTY DAMAGES; OR ANY DAMAGES WHATSOEVER RESULTING FROM INTERRUPTION OR FAILURE OF SERVICE, LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA, LOSS DUE TO UNAUTHORIZED ACCESS OR DUE TO VIRUSES OR OTHER HARMFUL COMPONENTS, COST OF REPLACEMENT PRODUCTS AND SERVICES, SUSPENSION, TERMINATION, OR THE INABILITY TO USE THE SERVICE OR PRODUCT, THE CONTENT OF ANY DATA TRANSMISSION, COMMUNICATION OR MESSAGE TRANSMITTED TO OR RECEIVED BY YOUR UNIT (WHETHER READ OR UNREAD, SOLICITED OR UNSOLICITED), OR LOSSES RESULTING FROM ANY GOODS OR SERVICE PURCHASED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR OTHER MODIFICATIONS OF OR LIMITATIONS TO CERTAIN REMEDIES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU, IN WHOLE OR IN PART. THE MAXIMUM AGGREGATE LIABILITY OF T-MOBILE AND THE T-MOBILE AFFILIATES TO YOU, AND THE EXCLUSIVE REMEDY AVAILABLE IN CONNECTION WITH THE AGREEMENT FOR ANY AND ALL DAMAGES, INJURY, LOSSES ARISING FROM ANY AND ALL CLAIMS AND/OR CAUSES OF ACTION RELATED TO THE SERVICE OR UNIT, SHALL BE A REFUND OR REBATE OF THE PRORATED MONTHLY OR OTHER CHARGES YOU PAID OR OWE US FOR THE APPLICABLE SERVICE OR UNIT. THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THIS AGREEMENT WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES. 18. Indemnication. You agree to defend, indemnify and hold us, any roaming or network partner, and any T-Mobile Afliates harmless from and against any and all claims, demands, actions, liabilities, costs or damages arising out of your use of the Service, a Unit or Other Services or your breach of the Agreement. You further agree

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to pay our reasonable attorneys and expert witnesses fees and costs arising from any actions or claims by third parties and those incurred in establishing whether this Sec. 18 applies. 19. Privacy and Security. Wireless systems use radio channels (and some Units use Bluetooth or other technology) to transmit voice and data communications over a complex network. Privacy and security cannot be guaranteed, and we are not be liable to you for any lack of privacy or security you experience while using your Unit, the Service or Other Services. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Service. We have the right, without obligation, to monitor, intercept and disclose any transmissions over or using our facilities, and to provide subscriber billing, account, or calling records, and related information under certain circumstances (such as in response to lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). Anyone able to provide or your personally identiable information can access your account so you should take reasonable steps to protect this information. Your caller identication, (such as your name and Number) may be displayed on the equipment or bill of the person receiving your call or on any site you visit via the Service. We may list your name, address and Number in a published directory, with your consent. We are not responsible for listing errors. Please consult our privacy notice at www.t-mobile. com/privacy com/privacy for information on the use and disclosure of customer information. The way third parties handle and use your personal identication and information related to the use of their services is governed by their policies and T-Mobile is not responsible for their policies, or their compliance with them. 20.Lost or Stolen Unit. If your Unit is lost or stolen (Lost Unit) notify us about it immediately, ask us to deactivate the Lost Unit and provide us within 14 days, any documentation we request (such as a copy of a led police report). If you complete all 3 requirements, you will not be liable for any unauthorized airtime charges incurred on the Lost Unit although you agree to assist with any prosecution. You must fulll the remainder of your Fixed Term by purchasing and activating a replacement Unit, or you will be subject to the $200 cancellation fee per Number. 21. Assignment. We may assign all or part of our rights or duties under the Agreement without such assignment being considered a change to the Agreement, and without notice to you. We are then released from all liability. You may not assign the Agreement without our prior written consent. Subject to these restrictions, the Agreement will bind the heirs, successors, subcontractors, and assigns of the respective parties, who will receive its benets. 22. Notices. We may send you written notice, which may be a notice on your bill, or a bill insert, which is considered given and received by you on the third day after the

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the future. 27. Signing Authority; Authorized User. You represent that you may legally enter into the Agreement, have received a copy of the Agreement and have read and clearly understand its terms. If activating on behalf of a corporation or other entity, you represent that you have full authority to bind that entity and if not agree to accept personal liability for the account. You are responsible for all charges incurred by any person you authorize to access your account, or allow to use your Unit, the Service or Other Services. 28. Survival. The following provisions, and any other provisions that may reasonably be construed as surviving, and the rights and obligations of the parties, shall survive termination of the Agreement for any reason: Sec. 3, 5, 8, 9, 10, 12, 13, 14, 15, 16, 17, 18, 19, 21, 22, 23, 24, 25, 26, 27, 29, 30, 31 and the terms and conditions related to your use of other T-Mobile services. 29. Local Number Portability. For additional information about local number portability, please visit www.t-mobile.com or contact Customer Care at (800) 9378997 or 611 from your T-Mobile phone. When available, you may be able to transfer your local phone number within the same local geographic area to or from another provider with whom we have a porting relationship as follows: Bringing Your Number to Us. You may contact us to request a transfer of your number with another provider to a new or existing account with us. All activation requirements and charges, including, without limit, credit approval, apply. You remain liable for charges (including cancellation fees) you incurred with your former provider. If a transfer is unsuccessful and the request is cancelled, and you do not ask us to assign you a new number, you must return any Unit purchased from us in accordance with our Handset Return and Cancellation Policy in Sec. 6. Taking Your Number with You. You may contact another provider to request a transfer of your T-Mobile number if you have an In Service (dened below) T-Mobile account, are the billing responsible party and pay any applicable fee. In Service for this purpose means: your account has not been cancelled, suspended, or expired (for prepaid account). Transferring your number may cancel your account or line of service, but you should verify with us that your account or line of service has been cancelled or you may continue to incur charges. Transferring a number from a FamilyTime, pooled or multiple line account may cause the remaining number(s) on the account to have less than the required number of lines and we may move you to another rate plan, in our sole discretion, which may result in higher charges for Service. You will be liable for payment of any amounts due before or upon cancellation, such as cancellation or other fees. A transfer will be completed only if both the receiving provider and T-Mobile conrm a successful transfer. If a transfer is

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5. Warrantors Performance Obligations. During the limited warranty period, Warrantor will repair or replace, at Warrantors option, any defective parts of the Unit that will not operate properly for their intended use, unless the defect or damage is caused by or is the result of: abnormal use or conditions, improper storage, unauthorized modifications, connections, or repair, misuse, neglect, accident, alteration, improper installation, or other acts which are not the fault of Warrantor or the manufacture of the Unit or which are not covered by the manufacturers warranty for the Unit, including damage caused by shipping. No charge will be made to Customer for any such parts so repaired or replaced, but Warrantor may charge you a processing or administration fee. Warrantor also will pay for the labor charges incurred by Warrantor in repairing or replacing the defective parts and shall pay for the cost of shipping any replacement parts or Unit to Customer. Warrantor will not pay the cost of rental or alternative equipment or any other expenses other than as expressly indicated above. Parts not covered by this limited warranty will be repaired or replaced by Warrantor only at Customers expense. 6. Customers Duties. If a problem with the Unit develops during the limited warranty period, Customer shall take the following steps: (A) Customer shall promptly notify Warrantor of such problem before the expiration of the limited warranty period by telephone at T-Mobile Customer Care, 1-800-937-8997. (B) Customer shall provide all information requested by Warrantors representatives during such telephone call, including Customers name, address, telephone number, and proof of purchase; (C) Customer may agree to pay for the costs of the repair or replacement of any part or Unit if such repair or replacement is not covered by this limited warranty, and if Customer so agrees, (a) Warrantor will ship to Customer a replacement Unit at Warrantors expense, (b) Customer will follow the instructions included with the replacement Unit, including instructions for replacing the Smart Card, and (c) following receipt of the replacement Unit, Customer shall ship the problem Unit as instructed by Warrantor via U.S. Postal Service to the address provided by Customer Care. Customer may be charged a fee if Warrantor does not receive the problem Unit. (D) If Customer does not agree to pay for the costs of the repair or replacement of any part or Unit if such repair or replacement is not covered by this limited warranty, Customer shall ship the problem Unit pre-paid and insured via U.S. Postal Service to T-Mobile Repair Center, address provided by Customer Care. Customer shall include a return address, daytime telephone number

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and/or fax number, and a complete description of the problem. If Warrantor determines that the defective part or Unit is covered by this limited warranty, Warrantor shall ship a replacement Unit to Customer, and Customer will follow the instructions included with the replacement Unit, including instructions for replacing the Smart Card. Otherwise, any part or Unit sent to Warrantor and not covered by this limited warranty shall be returned freight collect without repair or replacement to Customer. (E) Customer shall have no coverage or benefits under this limited warranty if customer fails to notify Warrantor of any problems during the limited warranty period or fails to follow the instructions provided by Warrantor to Customer. 7. Limitations on Implied Warranties. Any implied warranty of merchantability, or fitness for a particular purpose or use, shall be limited to the duration of the foregoing written limited warranty. Otherwise, the foregoing warranty is customers sole and exclusive remedy against Warrantor and is in lieu of all other warranties by Warrantor, express or implied. At the expiration of the limited warranty period, Warrantor hereby disclaims any and all implied warranties for the equipment, including the warranties of merchantability and fitness for a particular purpose, and customer agrees to thereafter accept the equipment in an as is condition with all faults. Some states do not allow limitations or the disclaimer of implied warranties, so the above limitation or exclusion may not apply to you. 8. Limitations on Damages and Customer Remedies Warrantor shall not be liable Remedies. for incidental, consequential, punitive or other damages or a loss of anticipated benefits or profits, resulting from, related to or arising out of the purchase or use of the Unit or from the breach of this limited warranty even if Warrantor knew the likelihood of such damages; provided, however, that nothing herein shall preclude any customers right to recover compensatory damages for any personal injury associated with personal use of the equipment during the limited warranty period. Customer shall have no right to recover any damages for any injury or claim or arising of or related to customers use of the equipment after the expiration of this limited warranty. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. 9. Customer State Law Rights This limited warranty gives you specific legal rights Rights. and you may also have other rights which vary from state to state. 10. Warranty Registration Cards A warranty registration card does not need to be Cards. returned as a condition for coverage under this limited warranty.