Mobile Service Addendum

Customer agrees to comply with the following additional terms and conditions.

Minute Increment Billing and Usage

Airtime and other measured usage are billed in full-minute increments, and actual airtime and usage are rounded up to the next full increment at the end of each call for billing purposes. Cross charges a full-minute increment of usage for every fraction of the last minute used on each wireless call. For charges based on the amount of time used or data sent or received, Cross will round up any fraction to the next full minute or, depending on how you’re billed for data usage, the next full kilobyte. Calls placed on networks served by other Cross may take longer to be processed, and billing for these calls may be delayed.

Unlimited Mobility Data Service Usage

Cross reserves the right to define and determine data usage abuses.  If a user’s mobile data service usage exceeds the standard defined usage allowance, Cross may, at its option, slow data speeds, change the user’s plan to one imposing additional usage charges, or may even suspend or terminate the user’s service. Depending on the severity of the usage abuse, Cross may or may not provide advance notice that it intends to take any of the above actions including terminating the service agreement.

Tethering – Hotspot Usage (Generation of a WiFI Signal by the Mobile Device)

Using a mobile device on an Unlimited data plan for the use of Tethering, Hot spotting or generating a WiFi link for PC’s, Smart TV’s, Gaming consoles or any large data consumption type device is not allowed on the Cross network and violation of this rule is grounds for immediate service termination.

Device Financing / Credit Installments

The user may be invoiced for device and other installment plan payments if the user purchased a device under a Cross installment plan.  The terms and conditions of financing are set forth in a separate contract.  If the user defaults, Cross may reclaim the device, but the user remains responsible for paying off the remaining balance.  Once the device is paid off, Cross relinquishes all ownership interest in the device.

Caller ID Blocking: The user’s billing name may be displayed along with the user’s wireless number on outbound calls to other wireless and landline phones with Caller ID capability. The user’s telephone number and location may also be transmitted to public safety officials if the user dials 911 or other emergency service numbers. The user may contact customer service for information about blocking the display of the user’s name and number, except to the extent the display of such information is necessary to assist emergency responders or is otherwise required by law.

Basic & Enhanced Voicemail: Unless the user subscribes to an unlimited voice plan, airtime charges apply to calls to the user’s 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 the user’s voicemail service, including calls forwarded from other phones to the user’s voicemail service. The user is solely responsible for establishing and maintaining security passwords to protect against unauthorized use of the user’s voicemail service. Upon notice to the user, Cross may change the number of voicemails the user can store, the length of time the user can store those messages, and other voicemail features. Cross may deactivate the user’s voicemail service if the user does not initialize it within a reasonable period after activation. Cross will reactivate the service upon the user’s request.

Wireless Protection: Wireless Protection may be added to a plan for device replacement purposes only. Deductible rates apply to both voice and data 4G LTE devices. Rates are subject to change. The following restrictions and requirements will apply: Replacement for like-device only. Replacement equipment may be new or refurnished. If the same make or model is not available, a like-kind make or model may be substituted. All replacements will be made at Bravado’s discretion. This coverage is void in the case of fraud, intentional concealment, intentional physical damage or misrepresentation of a material fact at any time concerning the requested claim. The customer is required to retain insurance for a minimum of one year after filing a claim. After the one-year requirement, the customer may cancel without penalty. If the customer cancels data protection before the one is completed, customer is responsible for paying the retail value of the device. Deductibles are non-refundable on each approved claim. No new contract is required. If the customer is within 6 months of a completed contract, they may have the option of purchasing a new device at the upgrade pricing with a 2-year contract. The remainder of the existing contract will be added to the new 2-year extension.  One claim per year, the year begins after the first claim. Insurance must be added within 30 days of purchase. If added after the customer leaves the store, the device must be brought back to the corporate retail location for inspection to insure there is no damage to the device. Wireless protection is not provided on devices that are purchased from an Authorized Agent other than Cross. Exclusions are: Accessories, Local Lifeline Accounts and, Prepaid Accounts. Eligibility is subject to change. Covered Incidents: Lost, stolen (must provide a police report within 30 days), physical damage (liquid damage is excluded) and mechanical and or electrical failure after the manufacturer’s warranty has expired.   How to file a claim: Must be an active Cross customer, account must be in good standing, must be the account holder or authorized user with valid identification and the claim must be filed within 30 days of the reported incident.

Data Plans:. Eligible data plans cover data usage in the U.S. and do not cover international data usage and charges. Tethering of a device is expressly prohibited.

Numbers: Cross will assign a phone number (the “Number”) to the user’s wireless device including data devices. The user does not own the Number or any other personal identification number (“PIN”) assigned to the user or that user may use in connection with the service. Upon notice to the user, Cross can change, reassign or eliminate any Number or PIN. If the user’s account is deactivated, Cross can reassign the Number without giving any notice. The user may not assign the Number to any wireless device or other equipment except as approved by Cross or otherwise required by law. In order for the user to “port” or keep its Number when changing telephone service providers, the user must have an active account with Cross. The user may be required to purchase a new wireless phone or other equipment in order to change service to or from Cross service and may be without service for some period of time. Cross may charge a fee to reimburse Cross for the costs it incurs to meet the equipment, technology and infrastructure requirements necessary to enable number porting. Cross may also charge a fee to reimburse it for the cost it incurs to perform a port.

SIM CARDS: 4G LTE devices require a SIM card to enable use of the LTE device. If the user damages, loses, or misplaces the SIM card, Cross may access a charge to the user to replace the SIM Card. The Cross-SIM card is not warranted to work correctly in any device not expressly noted by Cross.

Lifeline Certification: Cross is a designated eligible Lifeline carrier within certain areas of the State of Oklahoma. Cross follows the established USAC guidelines for eligibility of Lifeline service. Cross requires annual re-certification to maintain existing user Lifeline benefits. A user that fails to re-certify by the required date will be moved to a non-lifeline plan and the Lifeline credit removed on a contract Lifeline Plan and will be disconnected if on a local non-contract plan. The user will be responsible for any charges that may occur. Additional information regarding Lifeline service is set forth in Cross Lifeline policy, available at its official website (http://www.Bravadowireless.com).

Scope of Service: Cross reserves the right to manage its wireless systems and the use of its services. As a result, Cross may deny a request for service from any subscriber or potential subscriber or discontinue a subscriber’s service for any lawful reason. Cross may offer different services and different rates at different times. Cross may block access to a number and/or certain categories of numbers (for example, 900 numbers), certain websites, or certain messages, including text, video, photo, and audio messages, in its sole discretion and to the extent legally permitted. Services are generally available within the operating range of Cross’ wireless system in the user’s service area. The user’s service area is the area depicted in the coverage that is posted on our official website (http://www.Bravadowireless.com) and may change from time to time. Any statements by Cross, its employees, representatives or agents about the coverage of Cross’ wireless system are only intended to describe Cross’ approximate coverage in the user’s service area. The user should not interpret any such statement to mean that services will be available under all circumstances, at all times, or without interruption in the user’s service area.

Limitation of Liability: Cross strives to provide continuous service, however, Cross can not guarantee error-free service. The services depend on over-the-air radio transmissions. Many factors beyond Cross’ control affect the user’s ability to make and receive calls and/or

transmit and receive data on the user’s wireless device and the quality of those calls, including but not limited to the user’s location, the conditions of the atmosphere, the terrain, nearby buildings (and other structures) and the user’s wireless device. Cross takes no responsibility for service interruptions or problems caused by factors beyond its control. As a result, sometimes service, including calls or attempted calls to emergency services like 911, maybe interrupted or fail, and/or the quality of calls may be poor. The liability of Cross for losses or damages arising out of errors, omissions, interruptions, delays or defects in any of the services or facilities provided by Cross shall be limited to a pro-rata abatement of the charges payable by user for the period during which the services or facilities were affected by the error, omission, interruptions, delay, or defect. Cross will have no liability for service interruptions or outages of service of 24 hours or less. To the maximum extent permitted by law, the user agrees to limit claims for damages or other monetary relief against Cross to the lesser of the user’s direct damages and one month’s service charges.

Under no circumstances will Cross be liable for lost profits, loss of business, cost of replacement or any other incidental, indirect, special, punitive or consequential damages of any kind arising out of or related to the provision or failure to provide service or the user’s use of the service. Cross’ performance shall be excused if caused by failure of any equipment used in providing the service, acts of God, labor disputes, facility shortages, changes in service caused by regulatory requirements or other causes beyond Cross’ reasonable control.

Cross is not liable for any damages resulting from, or in connection with, any interruption or failure of 911 or E911 emergency services or the identification of the number, address or name associated with any person accessing such emergency service from user device.

The above limitations of liability will apply regardless of the theory of liability, whether fraud, misrepresentation, breach of contract, personal injury, negligence, products liability, or any other theory. By using the services, the user agrees that the remedies provided under this Agreement are exclusive and the user waives its right to any other remedies that may be available to it at law or in equity.

The user agrees to release, indemnify, defend and hold harmless Cross from and against all claims, losses, demands, actions and/or damages (including actions by third parties or those who use the user’s wireless handset or device) arising out of or resulting from the use or attempted use of Cross services.

User Rights: User must be at least 18 years of age and have legal capacity to accept this agreement. Proper identification is required. The user’s number will be unlisted and unpublished. Cross will take reasonable steps to protect the user’s privacy. Cross will not provide the user’s number to a third party unless required by law. Cross will not disclose calling records to any parties without proper legal documentation. Cross’ privacy policy, which describes its privacy practices, can be found at its official website (http://www.Bravadowireless.com ).

911: Customers should not disable location services on their wireless handsets.  Customers who disable location services on their wireless handset risk delays in first responders responding to 911 calls.

 

Terms and Conditions of
Internet Access

This contract provides the terms and conditions under which Cross Companies or its affiliates (“CimTel, Pottawatomie Telephone, Cross Telephone, Cross Wireless, Bravado”) will provide internet access to the accountholder.

1. Formation of Contract. By electronically acknowledging this document, you indicate your acceptance of this contract.
2. Services. Cross will provide internet access to the service address on your account. Terms and conditions for Cross’ telephone services are set forth in tariffs instead of this document.
3. Term and Termination. This contract takes effect when you accept it and continues until your account is closed.
   1. Termination by you. You may cancel service at any time upon notice to Cross. Early termination charges may apply as provided in section 3(c) below.
   2. Termination by Cross. Cross may terminate any or all services if you: (i) breach any provision of this contract; (ii) violate any policies related to services (see section 14); (iii) fail to pay for services as provided in this contract; (iv) have provided false or materially misleading information to Cross; or (v) use any service in violation of applicable law. Early termination charges may apply as provided in section 3(c).
   3. Early termination charges. If Cross waives, defers, or discounts charges based on your commitment to maintain service for a fixed term and either you terminate your services before the end of the term or Cross terminates your services under section 3(b), then you are responsible for an early termination charge in addition to any outstanding charges due at the time of termination. The early termination charge will equal the lesser of (i) the value of the discounted, deferred, or waived charges for the months that your service was active, or (ii) the discounted monthly service charge multiplied by the number of months remaining in your fixed term at the time of termination.
   4. Survival of provisions. The provisions of sections 1, 3(c), 3(d), 4, 5, 10, 12, 15, 16, and 17 will survive the termination of this contract.
4. Billing and Payment Related Provisions.
   1. Billing. Cross bills monthly service charges in advance and one-time charges in arrears.
   2. Payment terms. By using Cross services, you agree to pay all billed charges by the due date listed on your bill. Late fees and interest charges may apply to any payment not received by the due date. Returned check fees may apply for any check returned unpaid.
   3. Rates and rate changes. Advertised rates do not include taxes or other government fees and surcharges. You are responsible for taxes and other government fees and surcharges. Cross may change rates for a variety of reasons and will notify you of rate changes via website, bill messages, or other means.
   4. Billing disputes. You must report any billing discrepancies to Cross within 20 days of the date of the bill to allow necessary adjustments before the next bill cycle.
   5. Credit and Deposits. You authorize Cross to obtain a credit report or other credit information. Cross may require a deposit to activate or reconnect services. Upon determination of satisfactory payment history, or as required by law, Cross may refund deposits through bill credits. Deposits may be applied to any charges due on your account. After termination of service, Cross will apply your deposit to any outstanding amounts due, then return any remaining balance to you.
   6. Collections. Cross may take collection action for any unpaid charges. You agree to reimburse Cross for fees paid to any collection agency, and any other costs and expenses, including reasonable attorneys’ fees, incurred to collect on your account.

5. Lifeline Enrollment. Lifeline benefit enrollment via NLAD and/or the National Verifier may require use of applicable account or personal information provided to Cross that is required by the program to verify enrollment and apply the Lifeline discount to your Cross services.

1. Equipment, Devices, and Wiring. Depending on the services you subscribe to, Cross may provide one or more modems, residential gateways, routers, backup batteries, and more (“Equipment”).
   1. Ownership. Ownership of Cross Equipment always remains with Cross. You are responsible for the safekeeping of Cross Equipment on your premises. If any Cross Equipment is destroyed, damaged, lost, or stolen while in your possession, you are responsible for the cost of repair or replacement.
   2. Use. You may use Cross Equipment only for its intended purpose and consistent with the manufacturers or Cross’ instructions.
   3. Return of Cross Equipment. Upon termination of service, you must return all Cross Equipment in normal working condition within 10 business days.
   4. Customer-provided equipment. Customer can supply their own modem, router, or other equipment (“Customer Provided Equipment”) as long as it is downstream or on the LAN side of the Cross equipment, which is required to ensure network performance. You are responsible for the compatibility of Customer Provided Equipment with the service. You may contact Cross to determine if Customer Provided Equipment is compatible. Cross may apply a service charge to test Customer Provided Equipment for compatibility. Changes to Cross’ network may affect the compatibility of Customer Provided Equipment with the service.
   5. Customer devices. You are responsible for the compatibility of your own computers, tablets, streaming devices, televisions, phones, or other devices (“Customer Devices”) through which you will use the services.
   6. In-home wiring. You are generally responsible for maintenance and repair of wiring and equipment on the customer side of the demarcation point (i.e., inside the home).
2. Service and Support. Cross’ service and support personnel are available to assist you with questions or service issues. Cross may apply a service charge if your issue arises from (a) your acts or omissions, (b) Customer Provided Equipment or Customer Devices, or (c) wiring inside your home. Cross is not obligated to support, maintain, repair, or replace Customer Provided Equipment or Customer Devices.
3. Accountholder Responsibilities. You are responsible for activities occurring through your account. You are responsible for compliance with this contract and applicable policies by anyone using the service through your account.
4. Account Security. You are responsible for the security of Customer Provided Equipment, Customer Devices, and your online communications. You are solely responsible for backing up computer or data files and implementing virus, malware, and intrusion prevention measures to protect equipment, devices, communications, and files.

10. No resale of service. You may not resell or redistribute Cross’ services, including via Wi-Fi hot spots, without Cross’ prior written consent.

1. Right of Entry. By accepting this contract, you are granting Cross the rights to enter and use your property to construct, install, maintain, or disconnect all the wiring, equipment, and facilities used to provide services, which may include entry into your home. Ownership of all wiring (other than inside wiring) and facilities will always remain with Cross. If you do not own the property, your acceptance of this contract indicates that you have obtained the consent of the property owner for Cross to enter the property for the purposes described above, and you agree to indemnify and hold Cross harmless from and against any claims of the property owner arising out of entry on or use of the property for the purposes described above.
2. Technology and Service Changes. Cross may change services or technology platforms at any time. Cross may discontinue providing any or all services in your area. Cross will make commercially reasonable efforts to notify you of any such changes, discontinuations, substitutions, or modifications.
3. No Responsibility for Content. Cross is not responsible for content provided over or accessed through the internet.
4. Service Interruptions. While Cross makes best effort to provide services uninterrupted and at advertised speeds, service may be interrupted or limited for a variety of reasons outside our control. Accordingly, Cross provides services on an as-is and as-available basis.
5. Additional Policies and Disclosures. Cross’ Privacy Policy, Acceptable Use Policy, Repeat Copyright Infringer Policy, Broadband Internet Service Disclosures, Backup Battery Disclosures, and other documents related to provision or use of the services can be viewed at www.cimtel.net, www.potelco.net, www.crosstel.net or www.bravadowireless.com or by contacting Cross. Violation of any policy may result in termination of service.
6. Software License. By providing services or Cross Equipment to you, Cross grants to you a revocable, limited, nonexclusive, nontransferable license to use software provided as part of the services or Cross Equipment (collectively, the “Licensed Software”) in connection with, and only in connection with, your use of the services. As between you and Cross, all rights, title, and interest in and to the Licensed Software, including associated intellectual property rights, remain with Cross and its licensors. You are responsible for compliance with all end-user software license agreements accompanying any Licensed Software. You may not translate, decompile, reverse engineer, distribute, remarket, modify, or otherwise attempt to alter or dispose of any Licensed Software or any part it. Your rights to use Licensed Software terminate upon termination of service.
7. Disclaimer of Warranties. Cross’ service is provided on an “as is” and “as available” basis without warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose. All such warranties are hereby expressly disclaimed. Cross does not warrant that (a) the service will be uninterrupted or error free, (b) internet service will operate at a particular speed, or (c) the service will work with any particular equipment or device.
8. Limitation of Liability. In addition to the limitations provided elsewhere in this contract, Cross is not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, even if Cross is advised of the possibility of such damages.
9. Changes to Terms and Conditions. Cross may change these terms and conditions by giving notice to you. If you continue to use the services after receiving notice of the changes, you are accepting the changes.
10. Miscellaneous. This contract, including the documents referenced in it, is the entire agreement between you and Cross with respect to Cross’ services. Nothing in this contract is intended to limit any rights or remedies available at law or in equity.