factor(s) are subject to change at any time without prior notice. The current Dollar-To-Minute Conversion
Factors for Data Services may be accessed on the TracFone website. Click on “Airtime” and from the drop
down menu select “Apps & More” and then selecting “Cost.” The chart details the number of minutes
you will be charged for each dollar you spend for the Data Services you purchase.
Charges for MMS (e.g., picture messaging). You will be charged 1.0 unit to send or receive a
multi-media message (the “MMS Charge”). In addition to the 1.0 unit MMS Charge, there will also be
an additional WAP Access Charge of 0.5 units per minute for the time it takes to send or receive the
multi-media message. The total WAP Access Charge will vary depending on the size of the multi-media
message being sent or received.
Additional Access Charges for Data Services. In addition to the Content Charges and MMS Charges,
and regardless of the payment option you use, there is always an additional Access Charge of 0.5 units
per minute associated with downloading content, accessing/viewing Information Services or utilizing
MMS. Total Access Charges will vary depending on the size of the content and the actual time it takes to
download the content, access/view the Information Service or utilize MMS.
Data Plans for TracFone Android Phones
TracFone Android Phone users may purchase TracFone Android Data Cards which will provide a
specified amount of data access without minute deductions. Data Cards provide a set amount of data
access identified on the face of the card, denominated in megabytes or gigabytes. Data Cards do not
double or triple, even if redeemed on a phone activated as a double or triple minutes phone. Data Cards
can be added to your phone at any time, as long as the service is active. Data Cards do not provide
minutes or service days, which must be purchased separately through airtime cards. Data Cards are
available online and at retail locations. Data usage in excess of the amount purchased may result in
minute deductions.
Modifications, Interruptions, or Discontinuation of Data Service. TracFone Wireless does not
guarantee the availability of Data Services at any time and reserves the right to modify, suspend,
interrupt, discontinue or permanently cancel Data Services, or portions thereof, without notice. Data
Services are not available in analog service areas. TracFone Wireless is not responsible and will not be
liable for any modifications, interruptions or discontinuation of the Data Services or for any failure in
receipt of the purchased Data Services. If the Data Services, or any part thereof, for which you subscribe,
are modified, interrupted, discontinued or canceled, TracFone Wireless will NOT refund/reimburse you
for any remaining used or unused subscription time. If you cancel, or attempt to cancel a Data Service
download, a subscription purchase or a multi-media message in progress, or if this process is otherwise
interrupted through no action on your part, you may nevertheless be charged in accordance with the
terms and conditions set forth herein.
Non-Rated Content. TracFone Wireless strives to present and offer only generally acceptable content.
However, it is impossible to proof all content, titles and news articles for appropriate content. TracFone
Wireless content is NOT rated and you are solely responsible for the use of such material, which may
be offensive or objectionable to you or to others. You agree not to hold TracFone Wireless liable for any
offensive or objectionable content.
Additional Information. For more information on Data Services, please consult the Data Services Quick
Guide. Additional information can also be found at www.tracfone.com.
20. OUR RIGHT TO TERMINATE YOUR SERVICE
You agree not to use your Phone for any purpose that is not allowed by this agreement or that is
illegal. WE CAN, WITHOUT NOTICE, LIMIT, SUSPEND, OR END YOUR SERVICE 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 us or attempt to defraud us;
(c) allow anyone to extract, clone, reverse engineer or tamper with your Phone, the software
and/or hardware on your Phone or your SIM card or insert your SIM card in another phone;
(d) threaten or commit violence against any of our employees or customer service representatives;
(e) use vulgar and/or inappropriate language when interacting with our 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 default specification; 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 end your service for any
other operational or governmental reason. In addition to permanently terminating your Service,
criminal offenses (i.e., threatening violence, etc.) will be reported to the appropriate legal authorities
for prosecution.
21. LIMITATION OF LIABILITY
TracFone Wireless will not be liable to you for any 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 Services.
TracFone Wireless 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.
22. INDEMNIFICATION
You agree to indemnify and hold harmless TracFone Wireless 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 TRACFONE and TRACFONE Services,
whether based in contract or tort (including strict liability) and regardless of the form of action.
23. BINDING ARBITRATION
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE.
IT PROVIDES FOR RESOLUTION OF ALL DISPUTES AND CLAIMS (INCLUDING ONES THAT ALREADY
ARE THE SUBJECT OF LITIGATION) EXCEPT FOR CLAIMS CONCERNING THE UNAUTHORIZED SALE,
EXPORT, ALTERATION AND/OR TAMPERING OF YOUR TRACFONE, ITS SOFTWARE, THE SERVICE
AND/OR PIN NUMBERS, THROUGH ARBITRATION INSTEAD OF SUING IN COURT IN THE EVENT
THE PARTIES ARE UNABLE TO RESOLVE A DISPUTE OR CLAIM. ARBITRATION IS BINDING AND
SUBJECT TO ONLY A VERY LIMITED REVIEW BY A COURT. THIS ARBITRATION CLAUSE SHALL
SURVIVE TERMINATION OF TRACFONE WIRELESS’ AGREEMENT WITH YOU. This provision is
intended to encompass all disputes or claims arising out of your relationship with TracFone Wireless,
arising out of or relating to the Service or any equipment used in connection with the Service (whether
based in contract, tort, statute, fraud, misrepresentation or any other legal theory). Nothing contained
in this arbitration provision shall preclude TracFone Wireless from bringing claims concerning the
unauthorized sale, export, alteration, and/or tampering of your TRACFONE, its software, the Service
and/or PIN numbers in state or federal court References to you and TracFone Wireless include our
respective subsidiaries, affiliates, predecessors in interest, successors, and assigns. All claims will be