Please read these Public Wireless LLC Terms and Conditions of Service carefully. These Public Wireless LLC Terms and Conditions of Service are a legally binding agreement between you and Public Wireless LLC. They contain valuable information about your legal rights and require that certain disputes be resolved through Arbitration instead of a court trial. Public Wireless LLC reserves the right to change or modify any of these Public Wireless LLC Terms and Conditions of Service at any time and at its sole discretion. Any changes or modifications to these Public Wireless LLC Terms and Conditions of Service will be binding upon you once posted on the Public Wireless LLC website at www.SafetyNetwireless.com. You should check the Public Wireless LLC website regularly for updates to these terms.

By enrolling in the Lifeline program, offered through Public Wireless LLC, hereafter referred to as the Public Wireless LLC Program (the Public Wireless LLC “Program” or “Public Wireless LLC”) and by using the Public Wireless LLC service (the “Public Wireless LLC Service” or “Public Wireless LLC”), you (“You”), the participant, acknowledge and agree to the following terms and conditions:

1. DESCRIPTION

Public Wireless LLC offers Lifeline service, which is a government benefit program that provides discounts on monthly telephone service for eligible low-income consumers. Lifeline is supported by the federal Universal Service Fund (USF). To qualify for enrollment in the Lifeline program, a person must meet certain eligibility requirements established by the Federal Communications Commission and each state where the Public Wireless LLC Program is offered. These requirements are based on a person’s participation in a state or federal support program(s) or by meeting certain income requirements based upon the Income Poverty Guidelines as defined by the Universal Service Administrative Co. (USAC) and the US Government. Federal law limits the availability of the Public Wireless LLC Program. The Lifeline program allows only one (1) enrollment per “household”, and a household is defined as any individual or group of individuals who are living together as an economic unit. The Lifeline benefit is limited to one-per-household; therefore, no person currently living in the household may receive Lifeline benefits from any other Lifeline service provider, for you to currently be eligible. The Lifeline benefit is non-transferable. Applicants for the Lifeline program must complete an application form, provide supporting documentation that they meet the eligibility requirements and certify, under penalty of perjury, that they:

• Are eligible for and currently receive benefits from the public assistance program(s) identified in the application form.
• Do not currently receive lifeline support for a telephone line serving their residential address and no other resident in their household participates in the Lifeline program. If the applicant is already participating in another Lifeline program, then the applicant agrees to cancel their current household Lifeline support provider to enroll in the Public Wireless LLC Program.
• Are not claimed as dependent on another person’s federal or state income tax return.
• Will notify Public Wireless LLC by calling 1-888-224-3213 if they no longer qualify for any of the public assistance programs identified in their application form.
• Will notify Public Wireless LLC of any change of address by calling 1-888-224-3213
• Reviewed the information contained in their application and it is true and correct to the best of their knowledge and belief.

Applicants who qualify and are enrolled in the Public Wireless LLC Lifeline Program may receive a free cellular phone handset provided by Public Wireless LLC, a voice-grade connection, together with a free allotment of airtime minutes each month for up to one year. Free handsets provided by Public Wireless LLC may be refurbished and will be capable of texting as well as making voice calls. Where available, Public Wireless LLC will rely on the Lifeline National Verifier or state Lifeline Administrators to determine whether an applicant meets the eligibility requirements to participate in the Public Wireless LLC Lifeline Program. For states where an eligibility database is not available, Public Wireless LLC will determine if the applicant meets eligibility requirements.

Applicants who do not meet the eligibility requirements will be told the reason for their non-eligibility if applying in person or, via US Mail. Upon enrollment in the Public Wireless LLC Program, you will be qualified to participate for up to one (1) year. To continue your enrollment in the Public Wireless LLC Program after the initial year, you must verify annually that you are qualified for continued enrollment in the Public Wireless LLC Lifeline Program as required by your state Public Service Commission, Public Utility Commission or other agency administering the Lifeline Program in your state. Public Wireless LLC will also conduct verification drives for each state according to its rules. If Public Wireless LLC determines during its verification drive, or at any other time, that a customer fails to continue to qualify for the Public Wireless LLC Lifeline Program, such customer will immediately be deemed ineligible to participate in the Public Wireless LLC Lifeline Program, will be de-enrolled from the Public Wireless LLC Lifeline Program and will no longer receive the free monthly minutes. Public Wireless LLC Customers who are no longer eligible (for any reason) for enrollment in the Public Wireless LLC Lifeline Program must immediately notify Public Wireless LLC that they no longer meet the eligibility requirements for enrollment. A Public Wireless LLC customer’s enrollment may also be cancelled upon the request of a state and/or federal authority.

Public Wireless LLC reserves the right to cancel the enrollment of any customer and/or permanently deactivate any customer’s Public Wireless LLC phone for fraud, misrepresentation or other misconduct as determined solely by Public Wireless LLC. While participating in the Public Wireless LLC Lifeline Program, a customer shall not be permitted to sell, rent, give away or in any way allow another person to use the cellular phone or Public Wireless LLC Service provided to him/her. IT IS A VIOLATION OF FEDERAL AND STATE LAW TO SELL OR GIVE AWAY THE Public Wireless LLC CELLULAR PHONE OR Public Wireless LLC SERVICE PROVIDED TO YOU. Any violation of this prohibition will be reported to the appropriate legal authorities for prosecution. If you have any questions, concerns, comments or complaints regarding the Public Wireless LLC Program or Service, offerings, or products, please call Public Wireless LLC Customer Care at 1-888-224-3213. You may also contact your state’s Public Service Commission/Public Utility Commission.

2. ACTIVATION AND USE OF SERVICE

Upon enrollment in the Public Wireless LLC Lifeline Program, you will receive a Public Wireless LLC SIM card, either in person at the time of enrollment or delivered to your home address noted in the application. By completing an application for service and being assigned a telephone number, which may include applying for the Lifeline and/or ACP government discount programs, you are agreeing to be billed for service and agree to apply any approved discount program credits to your service balance. The completion of a service application and being assigned a telephone number is described as “[activating] the service,” in accordance with 47 CRF § 54.407 (c)(1). You must accept the Public Wireless LLC telephone number assigned to your Public Wireless LLC phone at the time of activation and you will acquire no proprietary interest in any number assigned to you. The wireless telecommunications networks used to transmit calls for the Public Wireless LLC Service are owned and operated by various licensed commercial mobile radio service providers (“Carriers”), not Public Wireless LLC. The number assigned to your Public Wireless LLC phone at the time of activation will not be changed for any reason unless required by a Carrier or if the number is lost following the deactivation of your phone. You may NOT select a number to be assigned to your Public Wireless LLC phone. However, Public Wireless LLC will take all steps necessary to initiate or allow a port-in or port-out of a number assigned to you, subject to a valid port request, without unreasonable delay or unreasonable procedures that have the effect of delaying or denying porting of the number. If you receive or purchase a discounted handset, smartphone, tablet or other device from Public Wireless LLC, your Public Wireless LLC device can only be used through Public Wireless LLC and cannot be activated with any other wireless or cellular service (except according to the Public Wireless LLC Unlocking Policy described herein (though even if unlocked, handsets may not be compatible with all carrier networks).

Public Wireless LLC Services are provided at Public Wireless LLC’ discretion. Some functions and features referenced in the Manufacturer’s manual provided with your Public Wireless LLC phone may not be available on your Public Wireless LLC handset. Public Wireless LLC may modify or cancel any Public Wireless LLC Service or take corrective action at any time without prior notice and for any reason, including but not limited to your violation of these terms and conditions of service.

Each plan is subject to a non-recurring activation fee of $25 when initiating service with the Company or changing service from another provider to the Company. The one-time fee will be charged to the customer’s account at activation.

You are responsible for establishing, verifying, and maintaining the email address, account, options, settings, and other parameters under which the Public Wireless LLC Services are used, including, without limitation, all related passwords and user identification information. You understand, acknowledge and agree that these account functions may be performed only by a person at least 18 years of age, without exception.

You understand, acknowledge and agree that Public Wireless LLC is not responsible for any malware, spyware, or other potentially harmful viruses or material transmitted via the Public Wireless LLC Service.

3. AIRTIME RATES, PLANS AND INCLUDED MONTHLY MINUTES

Public Wireless LLC airtime is issued in minute (or unit) increments. Units are deducted from the Public Wireless LLC phone plan at a rate of one (1) unit per minute or partial minute of use. There is no additional charge for nationwide long distance.

Public Wireless LLC customers will receive a monthly allotment of airtime minutes as per their package selected. You may use your monthly allotment of airtime minutes to place or receive calls. Airtime minutes will be deducted for all time during which your Public Wireless LLC phone is connected to or is using the wireless system of any Carrier. Use of a wireless system typically begins when you press the “send,” “call” or other key to initiate or answer a call and does not end until you press the “end” key, or the call is otherwise terminated. Airtime minutes are deducted for all incoming and outgoing calls, including incoming calls, waiting calls, simultaneous calls, calls to toll free numbers (800, 888, 877, 866, 855, etc.), 411, and to access your voice mail. Airtime minutes are not deducted for calls to Public Wireless LLC customer service by dialing 1-877-312-1961 or 611 from your Public Wireless LLC handset. For simultaneous calls, such as incoming call waiting and 3-way calling (where available) airtime minutes will be deducted for each call. Airtime minutes are not deducted for calls to 911, and all handsets will be able to call 911 even if they have no airtime remaining. For outbound calls, you may be charged airtime for incomplete and/or busy-no answer calls. No credit or refund is given for dropped calls.

Unlimited Usage Policy: UNLIMITED USE DOES NOT MEAN UNREASONABLE USE. To ensure that all customers have access to reliable services provided at a reasonable cost, you may not use our service in a manner that interferes with another Public Wireless LLC customer’s use of our service or disproportionately impacts Public Wireless LLC’ network resources. Public Wireless LLC reserves the right, without notice or limitation, to terminate individual calls, or, after providing notice to you, offer you a different service plan with no unlimited usage components, or deny, terminate, end, modify, disconnect or suspend your service, or decline to renew your service, if you engage in any of the prohibited voice uses detailed below or if Public Wireless LLC, in its sole discretion, determines action is necessary to protect its wireless networks from harm or degradation.

Examples of Prohibited Voice Uses: Public Wireless LLC voice services are provided solely for live dialogue between, and initiated by, two individuals for personal use & as otherwise described in this policy. Public Wireless LLC voice services may not be used for any commercial or other similar purposes including, but not limited to, (1) conference calling; (2), monitoring services; (3), data transmissions; (4), transmission of broadcasts; (5) transmission of recorded material; (6) interconnection to other networks; (7) telemarketing; (8) autodialed calls; (9) other commercial uses; or other connections that do not consist of uninterrupted live dialogue between two individuals.

Data: Data coverage services are not available everywhere. 4G data coverage is available on our networks but may be limited by your device’s capabilities. 5G Devices and services may not be supported in all areas.

SafetyNet provides broadband service at speeds that meet or exceed the FCC’s mobile broadband minimum service standards but reserves the right to reduce download speeds when necessary while still complying with FCC standards.

DATA SPEEDS ARE NOT GUARANTEED. Public Wireless LLC does not guarantee the speeds of the data services it provides. Data speeds are dependent on many factors including reception, tower traffic, your device’s capabilities, and other factors. Public Wireless LLC reserves the right to prioritize your data behind other Public Wireless LLC customers during periods of network congestion or high individual daily usage by throttling your data speed. Reduced speeds and increased latency may cause web sites to load more slowly or affect the performance of data-heavy activities such as video streaming or interactive gaming. Additional scenarios that vary data speeds and performance may exist in accordance with Sprint and T-Mobile’s network management practices.

Rate Plans: see Public Wireless LLC Lifeline “Plans Chart” and “Schedule of Rates” and current promotions, also available at www.publicwirelessllc.com.

Excessive Use Policy: Public Wireless LLC applies an excessive use policy in conjunction with its “Unlimited” Service (where available). Public Wireless LLC’ Lifeline service is intended for personal use. If a subscriber exceeds 2,000 minutes/texts, the service will go into “hotline” status, which means the subscriber’s calls will be directed to Public Wireless LLC’ Customer Service. The subscriber will be informed that the service is intended for personal use and that their usage is considered high for personal usage. The subscriber will be issued another 250 minutes/750 texts. If the subscriber runs out of minutes/texts again, the “hotline” status procedure will repeat. When in “hotline” status, the subscriber will automatically be directed to the Public Wireless LLC IVR, where they will receive up to 3 “courtesy top-ups”. Any additional courtesy top-ups must be completed by contacting Public Wireless LLC Customer Service.

4. ADDITIONAL PLANS, TOP-UPS

You may add minutes to your account at any time by purchasing one of the top-up plans we have available. You can purchase additional minutes using your credit or debit card at our website www.publicwirelessllc.com or, over the phone by calling our customer service department. You can reach customer service by dialing the number given to you when you enrolled or by dialing 611.

Additional usage rates are listed on the Public Wireless LLC Lifeline “Plans Chart” and “Schedule of Rates”, also available at www.publicwirelessllc.com.

Prepaid Plan Refund Policy: If you purchased a monthly prepaid rate plan and transfer your service to another designated service provider, opt to terminate your service, or are found ineligible for service, a return of any collected but unapplied payments is available. You must send us a written request within 60 days of the service termination date. A check will be mailed to your last known service address or to the address noted in your written request four to six weeks from the receipt of the written request. If a subscriber terminates service or transfers to another provider and does not send a written request to return the deposit within 60 days, remaining monthly deposits will be converted to data upon termination or benefit transfer at the rate of X MB per $1 and such data allotments will remain available for use with the subscriber’s SIM for 60 days.

5. TEXT MESSAGING

You may use your monthly allotment of minutes to send and/or open text messages. Text messages sent to you by Public Wireless LLC are free of charge. The charge to send or open an incoming text message using your Public Wireless LLC service will be as defined in the plan you have chosen. If you have exhausted your monthly allotment of minutes, you will need to purchase and redeem additional airtime minutes to continue to send text messages and open incoming text messages and to place and receive voice calls. If you do not want minutes deducted from your Public Wireless LLC phone for text messaging, then do not send text messages or open incoming text messages. Public Wireless LLC does not allow international text messages. Attempting to send international messages could result in service deactivation and de-enrollment from the Public Wireless LLC Program. Please note that Public Wireless LLC does not participate in Premium SMS services or campaigns. Premium SMS refers to text messages that are sent to a designated “short code” or buying or attempting to buy SMS services from anyone other than Public Wireless LLC. Premium SMS campaigns include activities such as casting a vote, expressing your opinion, playing a game, subscribing to a service, or interactive television programs. You should not attempt to participate in Premium SMS campaigns unless it is a Public Wireless LLC authorized campaign. Any text message you send to a “short code” will not go through. Any charges you may incur because of any attempts to participate in Premium SMS services or campaigns not authorized by Public Wireless LLC are not refundable whether you incur charges as deductions from your Public Wireless LLC phone or from your credit card.

6. SERVICE END DATE, DEACTIVATION AND REACTIVATION

If your service is deactivated, you may reactivate your service by re-enrolling in the Public Wireless LLC Program (if eligible). Upon reactivation of your phone, you will be assigned a new telephone number. If your phone remains inactive or unused for more than 45 days, you will lose any remaining airtime and your Lifeline account will be disconnected on day 46.

To prevent any interruption in your Lifeline phone service, please keep your handset service active by using it to place or receive a call every 30 days through one of the following means: (i) Completion of an outbound call or usage of data; (ii) Purchase of minutes or data from Public Wireless LLC to add to your Service plan; (iii) Answering an incoming call from a party other than Public Wireless LLC or a Public Wireless LLC agent or representative; (iv) Responding to direct contact from Public Wireless LLC and confirming that you want to continue receiving Lifeline Service; or (v) Sending a text message. You will also need to complete your annual re-certification as required by the Public Wireless LLC Lifeline Program before your Service End Date.

7. TERMINATION OF SERVICE

You are entitled to a voice-grade connection. You may terminate your service without penalty at any time by notifying Public Wireless LLC and returning your handset to us. Any applicable service connection charges and deposits will be refunded if you terminate service within three days of service activation, not including national holidays. You agree not to give away, resell or offer to resell the Public Wireless LLC Phone or Service provided by the Public Wireless LLC Program. You also agree your Public Wireless LLC Phone will not be used for any other purpose that is not allowed by this agreement or that is illegal. WE CAN, WITHOUT NOTICE, LIMIT, SUSPEND, OR END YOUR SERVICE AND DE-ENROLL YOU FROM THE Public Wireless LLC Program FOR VIOLATING THIS PROVISION OR FOR ANY OTHER GOOD CAUSE, including, but not limited to, if You: (a) violate any of the terms and conditions of service; (b) lie to or attempt to defraud Public Wireless LLC; (c) allow anyone to tamper with your Public Wireless LLC device; (d) threaten or commit violence against any Public Wireless LLC employees or customer service representatives; (e) use vulgar and/or inappropriate language when interacting with Public Wireless LLC representatives; (f) steal from us; (g) harass our representatives; (h) interfere with our operations; (i) engage in abusive messaging, emailing or calling; (j) modify your device from its manufacturer’s specifications; or (k) use the service in a way that adversely affects our network or the service available to our other customers. We reserve the right to, without notice, limit, suspend or disconnect your service for any other operational or governmental reason. In addition to permanently terminating your service, criminal offenses (i.e., selling or giving away your service; threatening violence, etc.) will be reported to the appropriate legal authorities for prosecution.

8. UNAUTHORIZED USAGE

The Public Wireless LLC device is provided exclusively for use by you, the end consumer with the Public Wireless LLC Service available solely in the United States, Puerto Rico, and the U.S. Virgin Islands. Any other use of your Public Wireless LLC handset, including without limitation, any resale, unlocking and/or re-flashing of the handset is unauthorized and constitutes a violation of your agreement with Public Wireless LLC. You agree not to (i) unlock, reflash, tamper with or alter your Public Wireless LLC phone or its software, (ii) enter unauthorized PIN’s, (iii) engage in any other unauthorized or illegal use of your Public Wireless LLC phone or the Service, or assist others in such acts, (iv) sell and/or export Public Wireless LLC handsets outside of the United States. These acts violate Public Wireless LLC’ rights and state and federal laws. Improper, illegal, or unauthorized use of your Public Wireless LLC device is a violation of this agreement and may result in immediate discontinuance of Services and legal action against you. Public Wireless LLC will prosecute violators to the full extent of the law.

Public Wireless LLC Unlocking Policy

Public Wireless LLC reserves the right to lock any devices on its network at any time. A customer may request unlocking in accordance with the unlocking policies noted below.

1. Prepaid Lifeline Unlocking Policy. SafetyNet, upon request, will unlock prepaid Lifeline mobile wireless devices no later than one year after initial activation, consistent with reasonable time, payment or usage requirements.
2. Notice. SafetyNet will clearly notify customers that their devices are eligible for unlocking at the time when their devices are eligible for unlocking or automatically unlock devices remotely when devices are eligible for unlocking, without additional fees. SafetyNet reserves the right to charge non-customers/non-former customers with a reasonable fee for unlocking requests. Notice to prepaid Lifeline customers will occur through a clear and concise statement of policy on the SafetyNet website.
3. Response Time. Within two business days after receiving a request, SafetyNet will unlock eligible mobile wireless devices or initiate a request to the OEM to unlock the eligible device or provide an explanation of why the device does not qualify for unlocking, or why SafetyNet reasonably needs additional time to process the request.
4. Deployed Personnel Unlocking Policy. SafetyNet will unlock mobile wireless devices for deployed military personnel who are customers in good standing upon provision of deployment papers.

SafetyNet reserves the right to decline an unlock request if SafetyNet has a reasonable basis to believe the request is fraudulent or the device is stolen.

9. ROAMING AND COVERAGE

“Roaming” occurs when a subscriber of one wireless service provider uses the facilities of another wireless service provider. Roaming most often occurs when you make and receive calls outside of the network coverage area of your service provider. When your Public Wireless LLC phone is roaming, an indicator light on your handset may display the word “Roam” or “RM” on the screen while the phone is not in use. Your Public Wireless LLC phone does not allow roaming. You will not be able to make or receive calls while roaming.

Coverage maps showing where Public Wireless LLC service is generally available can be found on our website – www.safetynetwireless.net. These maps depict approximate domestic coverage and roaming coverage applicable to our service plans. These maps are generated using generally accepted methodologies and standards to depict outdoor coverage. All maps will contain or link to an appropriate legend concerning the limitations and/or variations in wireless coverage and map usage, including any geographic limitations on the availability of any services included in your plan, including roaming. These maps will be periodically updated as necessary to keep them reasonably current.

10. FEES AND OTHER CHARGES

The types of fees or charges that you may incur depend on your service plan and the services or features used. Lifeline plans are free for the allotted number of plan minutes and do not incur fees or charges for use as intended. Although most operator services are blocked on our prepaid plans, you will be responsible for any charges that are incurred from such services. Since all services are prepaid, you will be required to pay in advance of receiving additional services or products such as additional minutes or a replacement handset.

11. LIMITATIONS OF SERVICE AND EQUIPMENT

Public Wireless LLC handsets are designed to be activated on our networks and in other coverage areas that we may make available to you. As programmed, it will not accept wireless service from another carrier. Service is subject to transmission limitations caused by certain equipment and compatibility issues, atmospheric, topographical and other conditions, as well as proximity. Service can only be available when in range of a transmission source, which you should be aware of when leaving your home area. Service is dependent on radio towers which require electricity to operate and could become non-functional in the event of a power outage if backup power is not available or runs out. Further, service may be temporarily refused, limited, interrupted or curtailed due to system capacity limitations, technology migration or limitations imposed by the Carrier, or because of equipment modifications, upgrades, repairs or relocations or other similar activities necessary or proper for the operation or improvement of the Carrier’s radio telephone system. At any time, Public Wireless LLC reserves the right to substitute and/or replace any SafetyNet COMMUNICATION SE equipment with other Public Wireless LLC equipment including devices of comparable quality. Some functions and features referenced in the Manufacturer’s manual for a particular Public Wireless LLC handset may not be available on your phone. Public Wireless LLC does not warrant or guarantee availability of network or of any Services at any specific time or geographic location or that the Services will be provided without interruption. Neither Public Wireless LLC, nor any Carrier, shall have any liability for service failures, outages or limitations of Service. Because of the risk of being struck by lightning, you should not use your Public Wireless LLC phone outside during a lightning storm. You should also unplug the Public Wireless LLC phone power cord and charger to avoid electrical shock and/or fire during a lightning storm

12. DEVICE POLICIES

Device Information and Return Policy: Public Wireless LLC phones are provided free of charge or can be purchased at a low cost. Phone models are either new or refurbished based on availability or available rate plans. Devices may vary depending on inventory. Local phone numbers may not be available in certain markets. Additional fees may apply for equipment change requests processed by customer service.

Devices purchased directly from Public Wireless LLC can be returned within 7 days of purchase by calling Customer Care. The Customer must return the device undamaged and in good working condition, with no material alterations to the device’s hardware or software, in its original packaging and all its components along with the original receipt to receive a credit or refund. Devices purchased from other sources (e.g., Our Sales Agents) or authorized retail locations are subject to their respective return policies.

Prepaid Plan and Device Bundle Refund Policy: If you purchased a prepaid monthly rate plan and device bundle and transfer your service to another designated service provider, opt to terminate your service, or are found ineligible for service, a return of any collected but unapplied deposits is available. You must return the device in good working condition with no material alterations to the device’s hardware and software in its original packaging and with all its components at your expense and send us a written request within 60 days of the service termination date. A check will be mailed to your last known service address or to the address noted in your written request four to six weeks from the receipt of the written request.

Warranty Exchange Policy: Public Wireless LLC customers shall have up to 60 days from the activation date of their device to return any defective phone to Public Wireless LLC. Public Wireless LLC will exchange a defective device for a new or refurbished device, at Public Wireless LLC’ discretion, during this period of time only. For a defective device replacement, call Public Wireless LLC Customer Service at 1-888-224-3213.

Exclusions and Conditions: This limited warranty does not cover damage or failure caused by abuse or misuse of the device or accessories. Your limited warranty excludes all direct, indirect, incidental and/or consequential damages, unless otherwise provided by law. Replacement phones can be purchased by calling Customer Service and making a payment via debit or credit card. Devices will be replaced at Public Wireless LLC’ discretion. 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. This limited warranty gives you specific legal rights, and you may also have other rights which vary from state to state.

Customers are responsible for removing all personal information from the device and/or completing a factory reset on the device prior to returning it to Public Wireless LLC for any reason. Public Wireless LLC is not responsible for any personal information remaining on the device upon receipt.

13. DISCLAIMER OF WARRANTIES

EXCEPT FOR ANY WRITTEN WARRANTY THAT MAY BE PROVIDED WITH A DEVICE YOU RECEIVE FROM US AND THE LIMITED WARRANTY SET FORTH IN THESE TERMS AND CONDITIONS, AND TO THE EXTENT PERMITTED BY LAW, THE SERVICES AND DEVICES ARE PROVIDED ON AN “AS IS” AND “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OF ANY KIND. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING YOUR SERVICE OR YOUR DEVICE. WE CANNOT PROMISE UNINTERRUPTED OR ERROR-FREE SERVICE AND DO NOT AUTHORIZE ANYONE TO MAKE ANY WARRANTIES ON OUR BEHALF. WE DO NOT GUARANTEE THAT YOUR COMMUNICATIONS WILL BE PRIVATE OR SECURE; IT IS ILLEGAL FOR UNAUTHORIZED PEOPLE TO INTERCEPT YOUR COMMUNICATIONS, BUT SUCH INTERCEPTIONS CAN OCCUR.

14. HEARING, VISUAL OR SPEECH IMPAIRED ACCOMODATIONS

Any hearing, visual or speech impaired persons interested in applying for a specially equipped Public Wireless LLC device must call Public Wireless LLC at 1-888-224-3213 and specify the need(s) to an agent. Public Wireless LLC will make every effort to assist such customer in obtaining a device that complies with all applicable laws, rules, and regulations.

15. EMERGENCY CALLS, 911 SERVICE

Public Wireless LLC customers have access to 911. Your handset will be able to place calls to 911 even if you have no minutes available. It is advised, by Public Safety Officials, that you should be prepared to provide information about your location when making a 911 or another emergency call. Wireless service, unlike landline phones, uses less reliable methods to place calls and to determine your phone number and location. Network coverage can be adversely affected by weather, structures, buildings, geography, etc. Because of these factors, emergency operators may not be able to determine your location or your phone number, or, you may not be able to complete a call at all. Occasionally, callers may attempt to call 911 in areas where there is no wireless coverage. If there is no wireless coverage, your call to 911 may not go through and you should dial 911 from the nearest landline phone. Enhanced 911 service, also known as E911, relies on GPS technology to obtain location information. This service is dependent on a number of factors such as the abilities of the local emergency authorities, GPS ability of your phone, whether your GPS enabled handset has GPS turned on, and your phones ability to obtain a GPS Satellite signal which can be impaired by being indoors, weather, etc. Even when available, E911 does not always provide accurate location information.

16. LIMITATION OF LIABILITY

Public Wireless LLC is not liable to you for any direct or indirect, special, incidental, consequential, exemplary or punitive damages of any kind, including lost profits (regardless of whether it has been notified such loss may occur) by reason of any act or omission in its provision of equipment and/or Services. Public Wireless LLC will not be liable for any act or omission of any other company furnishing a part of our Services or any equipment or for any damages that result from any service or equipment provided by or manufactured by third parties. When your Public Wireless LLC device is returned to Public Wireless LLC for any reason, Public Wireless LLC is not responsible and shall not be liable to you or anyone else for any personal information such as user names, passwords, contacts, pictures, SMS, MMS and/or additional downloads you may have stored on your device or which may remain on your phone.

17. PENNSYLVANIA

Pennsylvania law will govern regarding the services provided to Lifeline consumers residing in the Commonwealth. The binding arbitration provisions will not apply to informal or formal complaints that are submitted to the Bureau of Consumer Services (“BCS”), other than complaints related to rates and entry. Contact information for BCS for complaints or questions will be included in the Terms and Conditions. Contact the PA PUC Bureau of Consumer Services for help with unresolved questions or complaints at 1-800-692-7380.

18. IDEMNIFICATION

You agree to indemnify and hold harmless Public Wireless LLC from any and all liabilities, penalties, claims, causes of action, and demands brought by third parties (including the costs, expenses, and attorneys’ fees on account thereof) resulting from your use of a Public Wireless LLC device and/or use of the Public Wireless LLC Services, whether based in contract or tort (including strict liability) and regardless of the form of action.

19. BINDING ARBITRATION

This Agreement shall be construed under the laws of Florida, without regard to its choice of law rules, except for the arbitration provision contained in these Terms and Conditions, which will be governed by the Federal Arbitration Act. This governing law provision applies no matter where you reside, or where you use or pay for the Services. You maintain your right to file a complaint with the state Public Service Commission regarding the service provided and/or charges imposed by Public Wireless LLC. Nothing in this paragraph or this Agreement in any way eliminates or abridges that right.

20. PRIVACY POLICY

The Public Wireless LLC Privacy Policy is incorporated into these Terms and Conditions.

CONSENT

These Terms and Conditions govern your participation in the Affordable Connectivity Program (ACP), and includes required disclosures and eligibility information. Our standard terms and conditions, including the Acceptable Use Policy (AUP), also apply and are available at www.publicwirelessllc.comor California customers and for customers in other states. In the event the ACP Terms and Conditions and the standard terms and conditions conflict, the ACP Terms and Conditions control. If you have additional questions, call us at 800.286.5380. The ACP is a government benefit program operated by the Federal Communications Commission (FCC) that provides discounts on monthly broadband Internet access service and certain connected devices. The ACP provides discounts of up to $30 per eligible household on monthly broadband Internet access service (or up to $75 per eligible household on Tribal lands) and up to $100 on certain connected devices (with a required co-pay of between $10 and $50). The ACP monthly service and device discounts cannot be transferred to another household or individual. An eligible household is limited to one monthly service discount and a single, one-time device discount. ACP benefits may be obtained from any participating provider of your choosing and your monthly service benefit may be transferred to another provider at any time. ACP services and devices are subject to consumer eligibility, provider participation, product availability, and approval by the FCC/Universal Service Administrative Company (USAC). The ACP was launched on December 31, 2021, and replaces the Emergency Broadband Benefit (EBB) program. Subscribers enrolled in the EBB as of December 31, 2021 may keep their EBB benefit for 60 days and must transition to the ACP on March 1, 2022, if eligible. By subscribing to Public Wireless LLC Wireless’s ACP supported services, you authorize Public Wireless LLC and its contracted partners, for the purpose of applying for, determining eligibility, enrolling in and seeking reimbursement of ACP service and device benefits, to collect, use, share and retain your personal information, including, but not limited to, information required for the purpose of establishing eligibility for and enrolling in the Lifeline program, and including, but not limited to, full name, full residential address, date of birth, last four digits of social security number, telephone number, eligibility criteria and status, the date on which the ACP service discount was initiated and, if applicable, terminated, ACP connected device distribution date/type/make and model/status, usage status and other compliance requirements, the amount of support being sought for the service and/or device, and information necessary to establish identity and verifiable address. This includes sharing the information with USAC to ensure proper administration of the ACP service and/or connected device benefits. Failure to provide consent will result in your being denied the ACP service and/or the connected device benefits. You agree that any state, local, Tribal government, school, or school district may share information about your receipt of benefits that would establish eligibility for the ACP and that such information will be used only to determine ACP eligibility. Public Wireless LLC Wireless and its contracted partners may contact you to validate your eligibility for or desire to participate in Public Wireless LLC ACP offers and other products and services via email, telephone, or text messaging. Text messaging and data rates may apply. Consent for calls and texts is optional and can be revoked at any time. Eligibility A household is eligible to receive an ACP discount if a member of the household meets one of the criteria below:

• Has an income that is at or below 200% of the Federal Poverty Guidelines for a household of that size;
• Receives benefits from certain federal assistance programs: Medicaid, Supplemental Nutrition Assistance Program (SNAP), Supplemental Security Income, Federal Public Housing Assistance, Veterans and Survivors Pension Benefit, Special Supplemental Nutritional Program for Woman, Infants and Children (WIC) Program, or Lifeline;
• Is approved to receive benefits under the free and reduced-price school lunch program or the school breakfast program;
• Received a Federal Pell Grant during the current award year; or
• Meets the eligibility criteria for a participating provider’s qualifying low-income program.

Households on Tribal lands are additionally eligible to receive an ACP discount if a member of the household meets one of the criteria below:

• Receives Bureau of Indian Affairs General Assistance;
• Participates in Head Start (only households meeting the income qualifying standard);
• Receives Tribal Temporary Assistance for Needy Families (Tribal TANF); or
• Participates in the Food Distribution Program on Indian Reservations.

ACP eligibility will be determined for the FCC by the USAC’s National Verifier and National Lifeline Accountability Database, or an alternative verification process approved by the FCC. Service Plans You can apply your ACP discount to any available Public Wireless LLCACP service plan. Service plans are posted on Public Wireless LLC Wireless’s website at www.publicwirelessllc.com. Your service plan terms and conditions may limit the amount of high-speed data included with your service plan and the actual speeds you will achieve while using our broadband services. Other factors, including your device, network availability from our underlying carrier, your proximity to cellular towers, and environmental factors may affect speeds. For additional information about broadband speeds, visitwww.publicwirelessllc.comLifeline Subscribers Customers may have one ACP and one Lifeline benefit per household. Your Lifeline benefit and ACP can be combined and applied to the same service plan or applied to different service plans. You are not required to opt-in to the ACP, and you can continue to receive your Lifeline service without enrolling in the ACP. You may choose to take ACP benefits from a service provider other than your existing Lifeline provider. If you would like to have your ACP plan on a separate device with a different phone number, please call Customer Care at 800.286.5380 Public Wireless LLC. Emergency Broadband Benefit Subscribers This Agreement applies to subscribers who are enrolled in Public Wireless LLC Wireless’s EBB services. The FCC is phasing out the EBB and replacing it with the ACP beginning on December 31, 2021. Eligible subscribers who are enrolled in Public Wireless LLC Wireless’s EBB Services as of 6:00 PM Eastern Time on December 30, 2021, will continue to receive Services with their EBB program discount of up to $50 (or for households on Tribal lands, up to $75) per month during a 60-day transition period, which lasts from December 31, 2021 to March 1, 2022. The discount amount available to subscribers who are enrolled in the ACP after the transition period will be up to $30 per month. Beginning December 31, 2021, EBB customers may switch their service plan at any time. EBB subscribers who qualified for the EBB through eligibility criteria that are not applicable to the ACP will be required by USAC to demonstrate their eligibility in the National Verifier to receive an ACP benefit using the ACP criteria before the end of the transition period. EBB subscribers will receive additional information if they are required to take additional steps to transition to the ACP benefit on March 1, 2022. Account Activity Requirement To continue receiving your ACP service with Public Wireless LLC Wireless, you must make or answer a voice call or send a text message (if your device is capable), use data, purchase minutes, or respond to direct contact from Public Wireless LLC Wireless at least once during any 30-day period. ACP Discontinuance If the FCC announces that funding for the ACP has been exhausted, we discontinue our ACP service offers, or we determine you are no longer eligible for the ACP, we will notify you and you will revert to our standard FREE Lifeline plan where available and if you are eligible. You also may choose to keep your service plan or choose another plan available at the time, but you will be subject to paying applicable rates applicable plus applicable fees and taxes. Our standard terms and conditions will apply.