Terms and Conditions

ALL SALES FINAL!

WIRELESS APPLICATION

For services less than ONE (1) FULL MONTH, monthly charges and free minutes will be prorated. One month deposit is required. Security deposit will be returned to the customer if there is no outstanding balance at the end of the term and there is no renewal. Security deposit will be used towards the account if the subscriber has an outstanding balance and/or terminates the contract. ALL Plans include FREE Custom Calling Features: Call Waiting, 3-way Conference Calling, No Answer Transfer, Call Forwarding, Busy Transfer, and FREE Voicemail Notification (voicemail airtime applies). Additional Text Messaging charges may or may not apply to ALL Plans: $0.06 Philippines, $0.10 International, & $0.04 Local. Peak minutes 5:00am–7:59am.

Local minutes, text messaging and data applies to Guam & the CNMI only. Unlimited nights & weekends (off-peak) 8:00pm–4:59am. Additional airtime usage in excess of plan minutes is $0.25 per minute.

CELLULAR CUSTOMER AGREEMENT – TERMS & CONDITIONS

Cellular Service Plan Features

Free minutes associated with each cellular plan are credited against the first minutes of use during the billing period of the month, regardless of peak period or off peak period usage. Unused free minutes included in the plan cannot be carried over and credited to subsequent billing periods. A description of IT&E’s cellular plans and rate charges are available from any IT&E Customer Service Offices in the CNMI and Guam.

Definitions

“Customer” means the party whose signature appears on this Cellular Service Application and Agreement (hereinafter referred to as the “Agreement”) as the authorized signature for billing responsibility. “Cancellation” means any termination of this contract including but not limited to active cancellation by the customer or by the customer’s nonpayment of contractual financial obligations. A plan change fee and/or early cancellation fee may be assessed and charges are due before a new service plan goes in effect.

Financial Responsibility

By signing this Agreement, Customer;

(a) Authorizes IT&E to verify customer’s credit in order to process the request for service;

(b) If receiving cellular service under a company account, agrees to accept full personal responsibility for any charges due to IT&E;

(d) Consents to IT&E’s application of advance payment toward the balance of any outstanding unpaid cellular telephone service bill incurred by the Customer.

(e) Accepts all terms and conditions of this agreement.

I understand the financial responsibility terms.

Notices

All notices to the customer shall be delivered to the address on the application; notices to IT&E shall be delivered to P.O. Box 24881 GMF, GU 96921. For Customer Service, please call (671) 922-4483 for Guam, (670) 682-4483 for Saipan.

Student Plan

Students must provide valid verification/documentation of name and enrollment in order to qualify for the student plan. Valid documentation will be saved in our document repository.

Device Warranty

All Sales Final

30 Day Manufacturer Warranty

– Our customers have 30 days from the date of purchase to exchange the wireless device if it is classified as a ‘manufacturer defect’. The manufacturer warranty is void if there is water damage, physical damage, replaced OEM faceplates/housing, damaged caused by heat exposure, direct sunlight/humidity, tampering of hardware/software, hard resetting without assistance of IT&E wireless technician.

APPLE Products – All APPLE products are FINAL SALE

Rates and Fees

The customer agrees to pay to IT&E all applicable rates and charges under this Agreement. The rates and charges that are applicable to the cellular telephone services provided under this agreement are subject to change. The customer will be advised of any changes 30 days prior to the change. The customer will be billed at those rates and charges after such change becomes effective. The rates and charges during any renewal term may also be subject to change. Airtime charges are billed in one-minute increments. Fractions of minutes will be rounded off to the next minutes. Customer will also be responsible for any additional fees associated with any mobile applications that are used.

Early Cancellation Penalty

Plan ECP = 100% of the Remaining Months x MRC. The customer acknowledges that any cellular unit purchased from IT&E at a price discounted below landed cost is in exchange for completion of this cellular service agreement. A plan change before the end of the term may also be considered early termination and fees or penalties may be assessed. In the event of early cancellation, the Customer will pay IT&E both the early cancellation charge as described above and the Unit ECP = $150.00.

Default

If any obligation which is owed under this Agreement is not paid within 30 day, IT&E reserves the right to take any and all reasonable action necessary to enforce and protect its rights. IT&E will be entitled, to the maximum extent provided by law, to reasonable attorney’s fee and costs in the event of default including but not limited to the reimbursement of collection agency fees in the event the unpaid obligation is referred to a collection agency.

Use of Service and Network Availability

Services are available in within the operating range of the IT&E network. Coverage and quality of Service may be affected by conditions beyond our control, including atmospheric, geographic or topographic conditions or any act or omission of any other carrier. IT&E shall not be liable for any incidental, consequential, punitive or special damages or any nature whatsoever arising out of or in connection with our providing or failure to provide services including, without limitation, lost profits, loss of business orcost of replacement products and services. By requesting Services with IT&E, you also agree that you will not use Services and Equipment in any unlawful, fraudulent or abusive manner. IT&E reserves the right to protect its network from harm, to limit throughout and or deny or terminate service to anyone we believe is using the service in any manner prohibited and/or whose usage adversely impacts our network and/or service levels.

Roaming

Roaming refers to continued cellular Voice, SMS, and Data services when you travel outside of IT&E’s local network coverage area on Guam & CNMI. This means you’ll be able to continue to access cellular services when travelling abroad as part of cooperative agreements between IT&E and other foreign and domestic network operators. IT&E offers two types of roaming solutions, Direct Roaming and Sponsored Global Roaming. Which solution you utilize will depend on the destination you’re traveling to. Roaming rates may differ between Direct and Sponsored Global Roaming solutions and can be expensive. IT&E is not liable for any roaming charges that are accrued while abroad. IT&E highly recommends that customers contact IT&E Customer Care to ensure that your device is appropriately setup to roam, obtain roaming rates to your destination of travel, and receive any special instructions that may apply.

Toll & Roaming Restriction: IT&E reserves the right to apply toll and roaming restriction to the Customer’s service if Customer incurs any unpaid or high unbilled toll charges.

IT&E roaming voice & SMS services is automatically enabled during the time of activation. However, data roaming is blocked.

Long Distance

Long distance refers to calls made outside of Guam & CNMI. IT&E is not liable for any Long distance charges that are accrued. IT&E highly recommends that customers contact IT&E Customer care to verify long distance rates. IT&E customers are automatically enabled with Long distance services, if the customer chooses to opt out, he/she must contact our IT&E Customer Care to block the services. Toll & Long Distance Restriction: IT&E reserves the right to apply toll & long distance restriction to the Customer’s service if Customer incurs any unpaid or high unbilled toll charges.

E-911 FEE

IT&E charges customers a mandatory $1.00 Monthly Reoccurring E911 Fee that is additional to any Cellular Phone Postpaid Plan. The additional charge will be reflected on your monthly billing statement.

IT&E ACCEPTABLE USE POLICY

Introduction

IT&E is at all times committed to complying with the laws and regulations governing use of the Internet, e-mail transmission and text messaging and preserving for all of its Customers the ability to use IT&E’s network and the Internet without interference or harassment from other users. The IT&E AUP (“AUP”) is designed to help achieve these goals.

By using IP Service(s), as defined below, Customer(s) agrees to comply with this Acceptable Use Policy and to remain responsible for its users. IT&E reserves the right to change or modify the terms of the AUP at any time, effective when posted on IT&E’s web site at www.ite.net/aup. Customer’s use of the IP Service(s) after changes to the AUP are posted shall constitute acceptance of any changed or additional terms.

Scope of the AUP

The AUP applies to the IT&E services that provide (or include) access to the Internet, including hosting services (software applications and hardware), or are provided over the Internet or wireless data networks (collectively “IP Services”).

Prohibited Activities

General Prohibitions: IT&E prohibits use of the IP Services in any way that is unlawful, harmful to or interferes with use of IT&E’s network or systems, or the network of any other provider, interferes with the use or enjoyment of services received by others, infringes intellectual property rights, results in the publication of threatening or offensive material, or constitutes Spam/E-mail/Usenet abuse, a security risk or a violation of privacy.

Failure to adhere to the rules, guidelines or agreements applicable to search engines, subscription Web services, chat areas, bulletin boards, Web pages, USENET, applications, or other services that are accessed via a link from the IT&E-branded website or from a website that contains IT&E-branded content is a violation of this AUP.

Unlawful Activities: IP Services shall not be used in connection with any criminal, civil or administrative violation of any applicable local, state, provincial, federal, national or international law, treaty, court order, ordinance, regulation or administrative rule.

Violation of Intellectual Property Rights: IP Service(s) shall not be used to publish, submit/receive upload/download, post, use, copy or otherwise reproduce, transmit, re-transmit, distribute or store any content/material or to engage in any activity that infringes, misappropriates or otherwise violates the intellectual property rights or privacy or publicity rights of IT&E or any individual, group or entity, including but not limited to any rights protected by any copyright, patent, trademark laws, trade secret, trade dress, right of privacy, right of publicity, moral rights or other intellectual property right now known or later recognized by statute, judicial decision or regulation.

Threatening Material or Content: IP Services shall not be used to host, post, transmit, or re-transmit any content or material (or to create a domain name or operate from a domain name), that harasses, or threatens the health or safety of others. In addition, for those IP Services that utilize IT&E provided web hosting, IT&E reserves the right to decline to provide such services if the content is determined by IT&E to be obscene, indecent, hateful, malicious, racist, defamatory, fraudulent, libelous, treasonous, excessively violent or promoting the use of violence or otherwise harmful to others.

Inappropriate Interaction with Minors: IT&E complies with all applicable laws pertaining to the protection of minors, including when appropriate, reporting cases of child exploitation to the National Center for Missing and Exploited Children. For more information about online safety, visit www.ncmec.org.

Child Pornography: IP Services shall not be used to publish, submit/receive, upload/download, post, use, copy or otherwise produce, transmit, distribute or store child pornography.
Suspected violations of this prohibition may be reported to any of the following agencies:
Guam Police Department at (671) 472-8911, CNMI Department of Public Safety at (670) 664-9132
Federal Bureau of Investigation Guam and the CNMI at (671) 472-7332
Guam Crime Stoppers at (671) 477-4537, CNMI Crime Stoppers at (670) 234-7272
National Center for Missing and Exploited Children (NCMEC) at http://www.missingkids.com/CyberTipline.
Spam/E-mail/Usenet Abuse: Violation of the CAN-SPAM Act of 2003, or any other applicable law regulating e-mail services, constitutes a violation of this AUP.
Spam/E-mail or Usenet abuse is prohibited using IP Services. Examples of Spam/E-mail or Usenet abuse include but are not limited to the following activities:
Sending multiple unsolicited electronic mail messages or “mail-bombing” – to one or more recipient;
Sending unsolicited commercial e-mail, or unsolicited electronic messages directed primarily at the advertising or promotion of products or services;
Sending unsolicited electronic messages with petitions for signatures or requests for charitable donations, or sending any chain mail related materials;
Sending bulk electronic messages without identifying, within the message, a reasonable means of opting out from receiving additional messages from the sender;
Sending electronic messages, files or other transmissions that exceed contracted for capacity or that create the potential for disruption of the IT&E network or of the networks with which IT&E interconnects, by virtue of quantity, size or otherwise;
Using another site’s mail server to relay mail without the express permission of that site;
Using another computer, without authorization, to send multiple e-mail messages or to retransmit e-mail messages for the purpose of misleading recipients as to the origin or to conduct any of the activities prohibited by this AUP;
Using IP addresses that the Customer does not have a right to use;
Collecting the responses from unsolicited electronic messages;
Maintaining a site that is advertised via unsolicited electronic messages, regardless of the origin of the unsolicited electronic messages;
Sending messages that are harassing or malicious, or otherwise could reasonably be predicted to interfere with another party’s quiet enjoyment of the IP Services or the Internet (e.g., through language, frequency, size or otherwise);
Using distribution lists containing addresses that include those who have opted out;
Sending electronic messages that do not accurately identify the sender, the sender’s return address, the e-mail address of origin, or other information contained in the subject line or header;
Falsifying packet header, sender, or user information whether in whole or in part to mask the identity of the sender, originator or point of origin;
Using redirect links in unsolicited commercial e-mail to advertise a website or service;
Posting a message to more than ten (10) online forums or newsgroups, that could reasonably be expected to generate complaints;
Intercepting, redirecting or otherwise interfering or attempting to interfere with e-mail intended for third parties;
Knowingly deleting any author attributions, legal notices or proprietary designations or labels in a file that the user mails or sends;
Using, distributing, advertising, transmitting, or otherwise making available any software program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, including, but not limited to, the facilitation of the means to spam.

Security Violations

Customers are responsible for ensuring and maintaining security of their systems and the machines that connect to and use IP Service(s), including implementation of necessary patches and operating system updates.

IP Services may not be used to interfere with, gain unauthorized access to, or otherwise violate the security of IT&E’s (or another party’s) server, network, network access, personal computer or control devices, software or data, or other system, or to attempt to do any of the foregoing. Examples of system or network security violations include but are not limited to:

Unauthorized monitoring, scanning or probing of network or system or any other action aimed at the unauthorized interception of data or harvesting of e-mail addresses;
Hacking, attacking, gaining access to, breaching, circumventing or testing the vulnerability of the user authentication or security of any host, network, server, personal computer, network access and control devices, software or data without express authorization of the owner of the system or network;
Impersonating others or secretly or deceptively obtaining personal information of third parties (phishing, etc.);
Using any program, file, script, command or transmission of any message or content of any kind, designed to interfere with a terminal session, the access to or use of the Internet or any other means of communication;
Distributing or using tools designed to compromise security (including but not limited to SNMP tools), including cracking tools, password guessing programs, packet sniffers or network probing tools (except in the case of authorized legitimate network security operations);
Knowingly uploading or distributing files that contain viruses, spyware, Trojan horses, worms, time bombs, cancel bots, corrupted files, root kits or any other similar software or programs that may damage the operation of another’s computer, network system or other property, or be used to engage in modem or system hi-jacking;
Engaging in the transmission of pirated software;
With respect to dial-up accounts, using any software or device designed to defeat system time-out limits or to allow Customer’s account to stay logged on while Customer is not actively using the IP Services or using such account for the purpose of operating a server of any type;
Using manual or automated means to avoid any use limitations placed on the IP Services;
Providing guidance, information or assistance with respect to causing damage or security breach to IT&E’s network or systems, or to the network of any other IP Service provider
Failure to take reasonable security precautions to help prevent violation(s) of this AUP.

Customer Responsibilities

Customers remain solely and fully responsible for the content of any material posted, hosted, downloaded/uploaded, created, accessed or transmitted using the IP Services. IT&E has no responsibility for any material created on the IT&E’s network or accessible using IP Services, including content provided on third-party websites linked to the IT&E network. Such third-party website links are provided as Internet navigation tools for informational purposes only, and do not constitute in any way an endorsement by IT&E of the content(s) of such sites.

Customers are responsible for taking prompt corrective action(s) to remedy a violation of AUP and to help prevent similar future violations.

AUP Enforcement and Notice

Customer’s failure to observe the guidelines set forth in this AUP may result in IT&E taking actions anywhere from a warning to a suspension or termination of Customer’s IP Services.

When feasible, IT&E may provide Customer with a notice of an AUP violation via e-mail or otherwise allowing the Customer to promptly correct such violation. IT&E reserves the right, however, to act immediately and without notice to suspend or terminate affected IP Services in response to a court order or government notice that certain conduct must be stopped or when IT&E reasonably determines, that the conduct may: (1) expose IT&E to sanctions, prosecution, civil action or any other liability, (2) cause harm to or interfere with the integrity or normal operations of IT&E’s network or networks with which IT&E is interconnected, (3) interfere with another IT&E Customer’s use of IP Services or the Internet (4) violate any applicable law, rule or regulation, or (5) otherwise present an imminent risk of harm to IT&E or IT&E Customers. IT&E has no obligation to monitor content of any materials distributed or accessed using the IP

Services. However, IT&E may monitor content of any such materials as necessary to comply with applicable laws, regulations or other governmental or judicial requests; or to protect the IT&E network and its customers.

Incident Reporting

Any complaints (other than claims of copyright or trademark infringement, or Child Pornography) regarding violation of this AUP by an IT&E Customer (or its user) should be directed to Abuse@ite.net. Where possible, include details that would assist IT&E in investigating and resolving such complaint (e.g. expanded headers, IP address(s), a copy of the offending transmission and any log files).

Copyright complaints: If you believe that your work has been copied and posted, stored or transmitted using the IP Services in a way that constitutes copyright infringement, please visit the United States Copyright Office’s website below:

US Copyright Office Homepage: http://www.copyright.gov/
US Copyright Office Infringement FAQ: http://www.copyright.gov/help/faq/faq-infringement.html
Contact Information: Any notification that IT&E sends to its Customers pursuant to this AUP will be sent via e-mail to the e-mail address on file with IT&E, or may be in writing to Customer’s address of record, or message may be sent via SMS to Customer’s cellular device. It is Customer’s responsibility to promptly notify IT&E of any change of contact information.