Requires a compatible device for feature use. Not all features are capable with all devices. Owner is responsible for all data charges. Data use applies to all browsing, downloads and sent and received messages. Data use allowance and overage rates depend on the service plan selected. All data use is billed in kilobytes with each session rounded to the next highest kilobyte. Service is only available when accessing a tower that is data enabled.

Quik|TxT Messaging:

Text messaging capable phone required. To receive information from the internet, you must sign-up with a third party provider. Messages can be sent and received when using the Cellcom network and select partner networks while roaming. While roaming, functionality may vary. Ability to receive messages in any geographic area is not an indication that you can send messages. There is no guarantee of actual delivery or delivery within a specific period of time. If your phone is turned off, your phone's memory is full or you are outside the service area, the network will store and re-send any messages for up to 72 hours. Messages not delivered after 72 hours will be deleted. Maximum outgoing message length is 160 characters, which includes the header, name, call back number and e-mail address. Any incoming messages over 160 characters will be split into multiple messages. Any characters over the maximum will be split into multiple messages. Messages will delete after 640 characters, which exceeds message capacity. Cellcom cannot guarantee that you will not receive unsolicited messages. Without Cellcom's permission or your knowledge, your telephone number and/or message may be intercepted by third parties. Terms and condition of Cellcom service agreement apply. Rates may not apply to prepaid service.

Picture/Video Messaging:

Without a picture package subscription, picture messages sent or received will be charged $0.25 per message. Sending and receiving picture messages is only available in the Xtras coverage area. Charges will apply for picture messages sent from your phone, even if not delivered to the intended recipient due to system or compatibility issues. Picture messages sent to your phone will incur no charges unless you download them.

BREW:

Customers not subscribed to a Cellcom Xtras data plan will incur a $4.50 BREW activation fee after the first billable BREW download each time a different handset is used. Ringtones can only be downloaded with a BREW capable phone. Downloaded applications cannot be transferred if phone is returned, upgraded, exchanged, lost or stolen. Not all BREW applications are available on all BREW phones. BREW is a trademark of QUALCOMM, Inc.

Information & Content:

CELLCOM IS NOT A PUBLISHER OF THIRD-PARTY INFORMATION OR CONTENT AND IS NOT RESPONSIBLE FOR ANY OPINIONS, ADVICE, STATEMENTS, OR OTHER INFORMATION, SERVICES OR GOODS PROVIDED BY THIRD PARTIES. Any information you involuntarily or voluntarily provide third parties is governed by their policies. Neither Cellcom nor its content providers, service providers or other third parties shall be liable to you for any loss or injury arising out of or caused, in whole or in part, by any information acquired through the Service. You acknowledge that every business or personal decision, to some degree or another, represents an assumption of risk, and that neither Cellcom nor its content and service providers or suppliers, in providing access to information, underwrites, can underwrite, or assumes your risk in any manner whatsoever.

Speed & Performance:

Actual speeds/performance based on available network resources, may vary, and are not guaranteed. Many factors affect speed/performance. Service and speed not available in all areas.

Permissible Uses:

The Residential Broadband service may be used for the following purposes while on the Cellcom EVDO network: (i) Internet browsing; (ii) email; and (iii) participation in, but not the hosting of “online gaming”

The Mobile Broadband and Xtra’s Data services may be used for the following purposes: (i) Internet browsing; (ii) email; and (iii) corporate intranet access (including access to corporate email, customer relationship management, sales force automation, and field service automation applications).

Prohibited Uses:

General Prohibited Uses:
Unless specifically outlined by your rate plan, prohibited uses include, but are not limited to, using Services: (i) using the Services for any activity that adversely affects the ability of other people or systems to use either the Services or other parties' Internet-based resources including, but not limited to excessive consumption of network or system resources (whether intentional or unintentional) and "denial of service" (DoS) attacks against another network host or individual user; (ii) interference with or disruption of other network users, network services or network equipment; (iii) for uploading, downloading or streaming of content in violation of local, state or federal law(s) including copyright violations; (iv) as a medium to distribute mass, unsolicited or otherwise unlawful mail, traffic and/or content . Cellcom reserves the right to (i) limit throughput or amount of data transferred, deny Service and/or terminate Service, without notice, to anyone it believes is using the Service in any manner prohibited above or whose usage adversely impacts its network or service levels and (ii) protect its network from harm, which may impact legitimate data flows and (iii) discontinued service after a period of inactivity or after sessions of excessive usage. You may not send solicitations to Cellcom subscribers without their consent. You may not use the Services other than as intended by Cellcom and applicable law. Plans are for individual use only and are not for resale.

Additional Residential Broadband Prohibited Uses:
Unless specifically outlined by your rate plan, prohibited uses include, but are not limited to, using Services: (i) with server devices or with host computer applications, including, without limitation, continuous web camera posts or broadcasts, continuous file transfers, automatic data feeds, telemetry applications, automated functions or any other machine-to-machine applications; (ii) using this service in conjunction with a Wi-Fi or similar device which has not been secured using a password/phrase/key or other encryption method; (iii) enabling persons or entities outside the location identified in the Service Agreement to use the service (iv) modifying the configuration or “reseting” router or other equipment obtained from Cellcom or Authorized Agent location. Cellcom reserves the right to limit throughput speed or immediately terminate the service of any such person without notice if any line of service uses more than 50 Gigabytes (51,200 Megabytes) of data in a given month and is presumed to be using the service in a manner prohibited above.

Additional Mobile Broadband and Xtra’s Data Services Prohibited Uses:
Unless specifically outlined by your rate plan, prohibited uses include, but are not limited to, using Services: (i) with server devices or with host computer applications, including, without limitation, Web camera posts or broadcasts, continuous file transfers, automatic data feeds, telemetry applications, automated functions or any other machine-to-machine applications; (ii) as substitute or backup for private lines or dedicated data connections; (iii) for Voice over IP; (iv) in conjunction with WWAN or other applications or devices which aggregate usage from multiple sources prior to transmission; (v) for uploading, downloading or streaming of video content (e.g. movies, TV), music or games; (vi) as a medium to distribute mass, unsolicited or otherwise unlawful mail and/or content . Service is not intended to provide full-time connections, and the Service may be discontinued after a significant period of inactivity or after sessions of excessive usage. Cellcom reserves the right to limit throughput speed or immediately terminate the service of any such person without notice if any line of service uses: (i) more than 5 GB (5,120 Megabytes) of data in a given month and is presumed to be using the service in a manner prohibited above; (ii) 50% or more of its data usage off of the Cellcom network in a given month.

Security:

CELLCOM DOES NOT GUARANTEE SECURITY. If you use your device to access corporate email or information, it is your responsibility to ensure your use complies with your company's internal IT and security procedures. Cellcom recommends the use of firewall, Anti-Virus, Anti-Spam, Anti-Spyware & Anti-Malware hardware/software.

RIM® BlackBerry®

Customer's activation, use, and/or continued possession of any hardware, software, and/or services (collectively, "Equipment and Services") received from New-Cell, Inc. or any of its subsidiaries or affiliates (collectively, "Cellcom") constitutes Customer's certification to Cellcom that the Equipment and Services will not be imported, used, exported, transferred, or re-exported except in compliance with the laws and regulations of the national and/or other government authorities with authority over the country(ies) and/or territory(ies) from which the Equipment and Services are being exported or to which the Equipment and Services are being imported (collectively, the "Government Authority(ies)"). Without limitation, the Equipment and Services will not be exported: (a) to any country subject to UN Security Council embargo or action; (b) to countries subject to U.S. economic sanctions and embargoes; and/or (c) to persons or entities prohibited from receiving U.S. exports or U.S.-origin items. In addition, Customer certifies that Customer will not use the Equipment and Services in the development, production, handling, maintenance, storage, detection,identification, or dissemination of chemical, biological, or nuclear weapons or their missile delivery systems, or of materials or equipment that could be used in such weapons or their missile delivery systems, or resell or export to any person or entity involved in such activity.

Customer will defend and indemnify Cellcom against all claims, actions, judgments, damages, fines, costs, and other expenses (including reasonable lawyer's fees and disbursements (collectively, the "Export Related Claims") arising out of Customer's failure to comply with the requirements of this Acceptable Use Policy and the certifications and commitments contained herein. For avoidance of doubt, Export Related Claims shall include regulatory enforcement proceedings initiated by any Government Authority and the costs thereof. In relation to any Export Related Claim: (a) Cellcom shall have sole control of the defense and/or settlement thereof; (b) Customer shall furnish to Cellcom on request all information in Customer's possession or control for such defense; and (c) Customer shall cooperate with Cellcom in the defense of such claims as requested by Cellcom. Research InMotion, the RIM logo, BlackBerry, the BlackBerry logo and SureType are registered with the U.S. Patent and Trademark Office and may be pending or registered in other countries - these and other marks of Research In Motion Limited are used under license.