Privacy Policy

CLEAR is committed to protecting your privacy. Please read this privacy policy statement carefully so that you understand what kind of information we may gather about you, how we may use that information, whether we may disclose it to anyone, and the choices you have regarding our use of the information and your ability to correct the information. We will not trade, sell, or disclose to any third party any form of personally identifiable information without your consent, including information derived from registration, subscription, and use of the CLEAR service, except as stated below. This policy applies only to CLEAR, and not to other companies’ or organizations’ Web sites to which we link.

The Information We Collect

The information CLEAR gathers generally falls into four general categories: (1) personal, business, and demographic information you supply that we use primarily for evaluating applicants and conducting market research; (2) information you supply when you register or initiate transactions; (3) tracking information gathered as you navigate online; (4) information required to enable your use of certain applications. Some of this information identifies a particular person, but much of it does not. Third-party providers, whose sites are featured on and accessed via our site, or third party manufacturers of devices that can be used by you on our network, may gather information as well.

When you interact with CLEAR, when applying for Service, for example, we may request some or all of the following information:

Contact information (e.g., name, address, telephone number, and e-mail address)
Credit card, debit card or check card and CLEAR account number
Driver's license
Company name (for corporate accounts)
Household characteristics (e.g., number of children and number of Internet users)
Technology employed (e.g., type of Internet access and specifications for your computer)

Why We Collect This Information

We need this information to process your application or service order and to conduct market research. If we have trouble processing your application or order, we use the contact information you provide to get in touch with you. We also use your contact information to provide you with CLEAR updates or to assist you with your wireless broadband service and to inform you of new products or services that may be of interest to you.

Use of Cookies

To help make our website more responsive to your needs, we use a standard feature of browser software nicknamed “cookies.” We use cookies to help us tailor our website to your needs, to deliver a better, more personalized service, and to remember certain choices you’ve made so you don’t have to re-enter them. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

One of the primary purposes of cookies is to provide a convenience feature to save you time. For example, if you personalize CLEAR pages, or register with CLEAR sites or services, a cookie helps CLEAR recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, preferred email address, and so on. When you return to CLEAR, the information you previously provided can be retrieved, so you can easily use the CLEAR features that you customized.

We use two kinds of cookies: (i) temporary or “session”-based cookies that contain certain information about a user’s or visitor’s use of our website at a particular time and (ii) “persistent” cookies that contain certain account-related information about a registered user’s use of our website. Session-based cookies are automatically disabled or deleted when a user of or visitor to our website closes his or her browser software at the end of session. Persistent cookies remain stored on a registered user’s computer system until he or she disables or deletes them. Of course, if you set your browser not to accept cookies or you delete them, you may not be able to take advantage of the personalized features enjoyed by other visitors to and users of our website.

Use of Pixels

clear.com displays retargeted advertisements to our site prospects across the Internet. What this means is that whenever you visit our website, we track your visit by collecting certain information in the form of non-personally identifiable information. We also track how you interact with our products and services, that is to say, we track which links you click. The anonymous information is collected through the use of a pixel tag, which is industry standard technology used by most major web sites, similar to a cookie. No personally identifiable information is collected during in this process. We then share this non-personally identifiable information with other vendors who help us target advertising to you as you explore other websites. If you do not want us to collect this information, you may opt out of this service. Opting out of this service will in no any way affect your use of our site. To opt out of retargeting, please click here.

Disclosure of Information

We consider the personal information contained in our business records to be confidential. CLEAR will not read, listen to or disclose to any third parties private e-mail, conversations, or other communications, except as described here, that are transmitted using our services. We may sometimes disclose information about you to our business partners or to others who work for us. We may access and/or disclose your personal information if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on CLEAR; (b) protect and defend the rights or property of CLEAR including, without limitation the security and integrity of our network; or (c) act under exigent circumstances to protect the personal safety of users of our services or members of the public.

As our business grows, we may buy or sell various assets. In the unlikely event that CLEAR, one of its business units, or substantially all of its assets are acquired by another company, information about our visitors would be among the transferred assets.

CUSTOMER PROPRIETARY NETWORK INFORMATION (INTERNET PHONE SERVICE ONLY)

CLEAR is also subject to specific federal privacy rules related to the use, disclosure or access to a particular form of personal information derived specifically from the provision of Internet Phone Service. This information is called customer proprietary network information or “CPNI.” While your name, address and phone number are not considered CPNI, CPNI includes, but is not limited to, call detail information such as the numbers you call, the date and time of calls, call location information, billing detail, or any other information relating specifically to the quantity, technical configuration, type, destination, and amount of use of your Internet Phone Service.

Under Federal Communications Commissions or “FCC” rules which become effective December 8, 2007, you have a right, and CLEAR has a duty, to ensure the confidentiality of CPNI. CLEAR may use, disclose or permit access to your CPNI only as permitted by law.

For example, CLEAR may itself use, or may disclose or permit access to your CPNI, in conjunction with our provision of Internet Phone service to you. We may also use, disclose or permit access to CPNI: to offer to you additional Internet Phone service offerings and related features, including, but not limited to, speed dialing, computer-provided directory assistance, call monitoring, call tracing, call blocking, call return, repeat dialing, call tracking, call waiting, caller I.D., and call forwarding; to provide any related equipment, maintenance, and repair services; to protect the rights or property of CLEAR; or, to protect users of CLEAR’s services and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, CLEAR’s services.

Other uses of your CPNI, for example, using, or sharing your CPNI with agents, affiliates, joint venture partners or independent contractors, for purposes of marketing you non- Internet Phone Service communications-related services for which you may be interested or eligible, are permitted only with your approval.

Federal law requires us to provide all Internet Phone Service customers with specific CPNI notifications advising you of your rights concerning your consent to use, disclosure, and permit access to your CPNI for various marketing purposes.

Opt-Out Consent Policy

CLEAR is committed to protecting the privacy of all of your personally identifiable information, including your CPNI. Consistent with that commitment, from time to time, CLEAR may use your CPNI, or disclose or permit access to your CPNI to its agents or affiliates, solely for the purpose of better enabling CLEAR, or its agents or affiliates, to offer you new or different services or products (other than services or features related to Internet Voice) that are specifically tailored to your particular needs or circumstances. Using your CPNI for such purposes enhances the ability to make such additional services or products available to you. If you do not desire that your CPNI be used for such purposes, however, you have the right to deny us access for such use or disclosure. CLEAR may assume your approval to use your CPNI for the purposes described above, if you do not elect to opt-out through one of the methods indicated in your Opt-out Notification within 30 days of receipt. If you do not choose to opt-out initially, you are entitled to disapprove, deny or withdraw access to your CPNI at any future time by contacting Customer Care at 1.888.888.3113. If you do choose to opt-out at any time, it will not affect the provision of any CLEAR services to which you currently subscribe. CLEAR will provide you follow-up opt-out notifications every two years as required by law to ensure that you remain fully aware of your CPNI rights set forth above.

Opt-in Consent Policy

In addition to the use or disclosure of your CPNI set forth above, CLEAR’s business partners, including independent contractors and joint venture partners, may seek to use your CPNI to market you additional new or different communications-related services or products that are not related to Internet Phone Service. CLEAR must obtain your express consent, however, before CLEAR can disclose or permit access to your CPNI to its business partners for this purpose. If you consent to CLEAR disclosing or permitting access to your CPNI for the purposes described above, you must indicate your consent by one of the methods set forth in your Opt-In Notification. You are entitled to change your CPNI opt-in consent at any time to disapprove, deny or withdraw your consent to disclosing or permitting access to your CPNI, by calling Customer Care at 1.888.888.3113 and indicating your intent to change your preference.

Internal CPNI Procedures

Pursuant to federal requirements, CLEAR has developed and implemented an internal software system to flag and track access to Internet Phone service customer records that contain CPNI, and has instituted employee training programs to educate customer service and other employees who may have access to CPNI regarding how and when they may use CPNI. CLEAR maintains an electronic audit mechanism to track all access to customer account information. Federal law prohibits CLEAR from releasing call detail information and/or records in any manner other than emailing it to your CLEAR email account of record for at least 30 days; calling you on your CLEAR Internet Phone service number that has been active with us for at least 30 days; allowing you to access this information using a password protected online account; or allowing you to access this information at a CLEAR retail location with a valid government-issued photo ID. CLEAR will also notify you of any attempted changes to your account information, for example, attempts to change your password or email address to ensure such changes are being sought and authorized only by you.

Security

CLEAR is committed to protecting the security of your personal information. We use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use or disclosure. For example, we store the personal information you provide on computer systems with limited access, which are located in controlled facilities. When we transmit highly confidential information (such as a credit card number) over the Internet, we protect it through the use of encryption, such as the Secure Socket Layer (SSL) protocol. As effective as modern security practices are, no physical or electronic security system is impenetrable. We cannot guarantee the complete security of our database, nor can we guarantee that information you supply won't be intercepted while being transmitted to us over the Internet. We have implemented strict internal guidelines to ensure that your privacy is safeguarded at every level of our organization. CLEAR will continue to revise policies and implement additional security features as new technologies become available.

Location Information

To make wireless communications possible, CLEAR’s network knows the general location of your wireless device whenever it is turned on. Your wireless device sends out a periodic signal to the nearest radio tower/cell site so that our network will know where to route an incoming communication and how to properly bill for the service. This is necessary to make wireless communications possible.

We offer wireless location-based applications that use your wireless network location to provide the service you request. For example, you may choose to use a service that provides maps or search results using your current location. Certain applications may also determine your location based on WiFi access points that you are in range of.

Your location information will only be used to provide the service(s) or carry out the transaction(s) you have requested or authorized. CLEAR does not and will not track your location, and any request you make to determine your location will not not paired with any information that identifies you personally.

It is important to note, if you let others use location-based services to which you've subscribed (or if you let others use your wireless device), it is your responsibility to inform that user that his or her location may be tracked.

Your wireless Internet service may also be personalized using your zip code or other location identifiers that you provided, such as an address. We use this information to serve you relevant content, and we treat the information like any other personal information under this policy.

The law permits us to disclose the call location of a device on our network without a user's consent (1) to a user's legal guardian or members of a user's immediate family in an emergency situation that involves the risk of death or serious physical harm, (2) to database management services or information providers solely to assist in delivering emergency services, (3) if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires or justifies disclosure of a device's location on the network without delay, and (4) in "aggregate" form. Aggregate data is collective data that relates to a group or category of services or customers, from which individual customer identities and characteristics have been removed.

CLEAR and Kids

CLEAR takes care to protect the safety and privacy of young people using our services, and encourages you to participate in your child's experience in cyberspace. We do not sell products or services to kids. Also, we do not knowingly collect personally identifiable information from children and teenagers under the age of 18 and CLEAR does not wish to collect any such information.

Parents, please note that if you grant consent for your child to use our services, your child will be able to communicate with other users of all ages. Before providing consent, please be aware that your child will be able to disclose personal information (e.g. name, address, e-mail, phone numbers) on his or her own. We encourage you to talk with your children about communicating with strangers and disclosing personal information online. You can obtain additional information about safe surfing through the Federal Trade Commission web site.

Federal law requires website operators who collect personal information from children under the age of thirteen to first get parental consent. CLEAR will not knowingly link to any third party web site that solicits or collects personally identifiable information from minors.

CLEAR Spam Policy

CLEAR will deal with Spam complaints seriously and will close spammer’s customer accounts. We may use customer information to investigate and prevent potentially unlawful activity that threatens the service or network integrity or otherwise violates the service agreement.

What Is Spam?

Spam is email that is sent against the wishes of the recipient. There are two kinds. The first kind of spam concerns individuals who email people that they don't know personally. The second type of spam is sent by organizations to individuals who have not expressed a desire to receive such communications. Both kinds of spam are inappropriate.

Enforcement of this Privacy Statement

If you have questions regarding this statement, you should contact CLEAR.

European Union Data Considerations

Personal information collected on this site may be stored and processed in the United States or any other country in which CLEAR or its affiliates, subsidiaries or agents maintain facilities, and by using this site, you consent to any such transfer of information outside of your country. CLEAR abides by the safe harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of data from the European Union.

Privacy Policy Changes

If we decide to change our privacy policy, we will post those changes here so that you will always know what information we gather, how we might use that information and whether we will disclose it to anyone. By continuing to use CLEAR after we post any changes, you accept and agree to this privacy statement, as modified. Of course, our use of information gathered while the current privacy statement is in effect will be consistent with the current statement, even if we change that statement later.

Last updated: June 18, 2009

Wireless Internet Access Service Effective August 20, 2009

THIS WIRELESS INTERNET ACCESS SERVICE AGREEMENT ("AGREEMENT") IS BETWEEN YOU AND CLEAR WIRELESS LLC ("CLEARWIRE"). THIS AGREEMENT IS SOMETIMES REFERRED TO AS THE "TERMS OF SERVICE". BY USING CLEARWIRE'S WIRELESS BROADBAND INTERNET ACCESS SERVICE (THE "INTERNET ACCESS SERVICE"), ANY RELATED OPTIONAL SERVICES (THE "OPTIONAL SERVICES"), OR ANY EQUIPMENT PURCHASED OR LEASED BY YOU FROM CLEARWIRE ("EQUIPMENT"), (THE INTERNET ACCESS SERVICE AND THE OPTIONAL SERVICES ARE COLLECTIVELY REFERRED TO AS THE "SERVICE"), YOU AGREE TO BE BOUND BY AND COMPLY WITH THE FOLLOWING TERMS AND CONDITIONS OF THIS AGREEMENT. THE ADDITIONAL TERMS STATED IN YOUR ORDER CONFIRMATION (WHICH DETAILS THE SERVICE PLAN(S) YOU HAVE AGREED TO PURCHASE) ARE INCORPORATED HEREIN BY REFERENCE AND ARE PART OF THIS AGREEMENT. ALL PORTIONS OF THE TERMS OF SERVICE SET FORTH IN THIS AGREEMENT APPLY TO THE CLEAR AND CLEARWIRE PRODUCTS AND SERVICE, UNLESS OTHERWISE SPECIFIED. PLEASE READ THIS AGREEMENT CAREFULLY BECAUSE IT INCLUDES MANY IMPORTANT TERMS, INCLUDING:

LIMITS AND DISCLAIMERS ON CLEARWIRE'S LIABILITY AND WARRANTIES;
THE REQUIREMENT THAT YOU COMMIT TO A MINIMUM TERM OF SERVICE (except in the case of a Day Pass);
FEES FOR EARLY TERMINATION;
THE REQUIREMENT THAT DISPUTES BE SETTLED BY ARBITRATION, AND NOT BY LAWSUIT;
A WAIVER OF ANY RIGHT TO TRIAL BY JURY OR PARTICIPATION IN A CLASS ACTION; and,
ADDITIONAL TERMS AND CONDITIONS THAT APPLY TO INTERNET PHONE SERVICE.

1. Agreement Governing Use of Service.

The current version of this Agreement (including the Service Plans) can be found at www.clearwire.com/company/legal/terms.htm for Clearwire Service customers and at www.clear.com/company/legal/terms.htm for CLEAR Service customers. Clearwire reserves all rights including the right to revise, amend, or modify this Agreement or any other policy at any time, by sending you an email notification to the email address associated with your account, or by announcing any amendments or modifications in the "Service Announcements" section of the Clearwire website or CLEAR website, which can be found at www.clearwire.com/company/legal/announcements.htm, or www.clear.com/company/legal/announcements.htm, respectively. Such amendments or modifications will become effective on the date we send them to you by email, or the date we announce them on our website, whichever is earlier; afterwards, your continued use of the Service or Equipment will constitute your acceptance of any such amendments or modifications.

However, if you do not wish to continue Service after a change that is materially disadvantageous to you, you may terminate this Agreement by providing written notice to Clearwire within twenty (20) days of the effective date of the modification, and you will not be charged any Early Termination Fee (as described below). Service(s) may require third party software to be installed in order to function. Clearwire shall not be liable for any use or installation of such software. Any third party software installed shall be governed by that third party end user license agreement that can be found at www.clearwire.com/company/legal/eula.htm. By accepting this Agreement, you agree to accept the terms of those third party end user license agreements. Additional terms and conditions for internet phone service can be found at: www.clearwire.com/company/legal/phone_terms.htm.

2. Term of the Service; Termination Fees.

Term of the Service

(a) 24 Hour Pass - If you purchased a twenty-four (24) hour pass (a "Day Pass") to access the Service, you will be able to use the Service for the period described in your order confirmation ("Order Confirmation"). Once your access period expires, you will be required to purchase additional time to continue using the Service. Once the Day Pass period expires or lapses, you will forfeit any unused internet time.

(b) Month to Month Subscriber - If you purchased a monthly subscription, you will be able to use the Service for any consecutive monthly period which has been paid in advance as described in your Order Confirmation. For example, if you purchased a month-to-month subscription and your billing cycle commences on the eighth day of a particular month, then you will charged on the eighth day of the following month and each month thereafter until your Service is terminated.

(c) Term Subscriber - If you purchased a term subscription, you will maintain Service for the duration of any minimum "Initial Term" (as set forth on the Order Confirmation) and any Renewal Term (defined below). If during the Initial Term or any Renewal Term you decide to change to another Clearwire plan with different rates or features or add Optional Services (such as internet phone service) to your existing Internet Access Service, then you agree that Clearwire may restart the Initial Term or any Renewal Term for the Service, as applicable, from the beginning of such change in plan or addition of service. At the end of an Initial Term or any Renewal Term you will be prompted to let us know if you wish to (i) terminate your Service, (ii) accept a new Service plan for an additional Term (each a "Renewal Term") according to fees in effect at the time of the offering, or (iii) continue to use the Service on a month-to-month basis according to the then-current fee schedule in effect. If you elect option (iii) please be advised that your monthly-rate may be changed by Clearwire at any time to be effective the following month. If you fail to make any election or otherwise fail to respond to our prompt, Clearwire will continue your Service on a month-to-month basis according to the then-current fee schedule in effect, which fee schedule may be changed by Clearwire at any time to be effective the following month.

Termination Fees

Clearwire Service Accounts

If your Internet Access Service was activated with a contract term prior to March 1, 2007 and you terminate that Service for any reason, including relocation outside a coverage area, or that Service is terminated by Clearwire for any violation by you of the Agreement prior to the end of the Initial Term or any Renewal Term, as applicable, you will be liable for an early termination fee of $180. If your Internet Access Service was activated on or after March 1, 2007 and you terminate that Service for any reason, including relocation outside a coverage area, or that Service is terminated by Clearwire for any violation by you of the Agreement prior to the end of the Initial Term or any Renewal Term, as applicable, you will be liable for an early termination fee of $220 less (a) $5 per month for each full month of Service after the beginning of the Initial Term or the Renewal Term, as applicable, prior to such termination if your Initial Term is for two years and (b) $10 per month for each month of Service after the beginning of the Initial Term or the Renewal Term, as applicable, prior to such termination if your Initial Term is for one year, or (c) such other early termination fee as may be specified on your Order confirmation.

CLEAR Service Accounts

Except as provided below, if your CLEAR account is subject to a minimum Initial Term or Renewal Term and you terminate that Service for any reason, including relocation outside a coverage area, or that Service is terminated by Clearwire for any violation by you of the Agreement prior to the end of the Initial Term or any Renewal Term, as applicable, you will be liable for an early termination fee of $120 less (a) $4 per month for each full month of Service after the beginning of the Initial Term or the Renewal Term, as applicable, prior to such termination; or (b) such other early termination fee as may be specified on your Order confirmation.

CLEAR Service Accounts Accessed With Clear 4G + Mobile USB Devices

If your CLEAR account is subject to a minimum Initial Term or Renewal Term and (i) you terminate that Service for any reason, including relocation outside a coverage area, or that Service is terminated by Clearwire for any violation by you of the Agreement prior to the end of the Initial Term or any Renewal Term, as applicable, and (ii) you purchased from Clearwire a CLEAR 4G+ Mobile USB device that you use to access the Service, you will be liable for an early termination fee of $200 less (a) $8 per month for each full month of Service after the beginning of the Initial Term or the Renewal Term, as applicable, prior to such termination; or (b) such other early termination fee as may be specified on your Order confirmation Irrespective of the type of account you have, the early termination fees applicable to your Service as described in this Section 2 are sometimes referred to in this Agreement as the "Early Termination Fee."

Terms Applicable to Both Clearwire Service and CLEAR Service Accounts

Subject to applicable law, you expressly agree that all applicable monthly subscription and/or other fees and charges will accrue until this Agreement has terminated, the Services have been disconnected, and all leased Equipment has been returned to Clearwire. Monthly Service fees will not be pro-rated. Upon termination or expiration of this Agreement for any reason, Clearwire and its suppliers reserve the right, to the extent permitted by applicable law, to delete any voicemails, data, files, electronic messages or other information stored on Clearwire's or its suppliers' servers or systems. Clearwire, its affiliates and their agents and suppliers will have no liability whatsoever as the result of the loss of any such data, names or addresses or other information.

Clearwire reserves the right, in its sole discretion, to waive Early Termination Fees on a case by case basis. From time to time, Clearwire may reasonably require you to cooperate with and consent to remote and/or on-site (i) service level verification, and/or (ii) troubleshooting by Clearwire. You agree that failure to comply with our reasonable requests constitutes grounds for termination of your Service, in which case you will be liable for any Early Termination Fee applicable to your account.

3. Data Plans/Overages - Applicable only to CLEAR Accounts

You will be entitled to use the CLEAR Service for the bandwidth amounts and download speeds (collectively referred to as the "Plan Amount") listed on your Order Confirmation. If you exceed your allotted Plan Amount, Clearwire will automatically charge you and you agree to pay an additional internet service usage fee per gigabyte of additional bandwidth pursuant to the provisions of your Order Confirmation (the "Overage Charge"). Your Plan Amount does not roll-over, but expires at the end of each month with all unused amounts forfeited.

4. Payments and Invoices/Metered Billing.

You will make payments to Clearwire for the Service and Equipment using your credit, debit, or other acceptable bank card (the "Card") or through an electronic funds transfer ("EFT") that debits funds directly from a bank account that you designate (EFT not an option for CLEAR Service accounts at this time). You will ensure that the Card and/or EFT-related information you have provided to Clearwire is valid at all times. Failure to provide valid Card information or Card status may result in Service suspension or termination, late charges, re-activation fees, Early Termination Fees, and other fees and charges attributable to you as a result of your failure to timely pay your account balance(s). Fees and charges for Service are contained in the Order Confirmation and your invoice on "My Account" (My Account is Clearwire's web-based account tracking system that allows you to view your account status, pay invoices, and make other changes to your account profile at any time). As part of the order process, or whenever you update your Card information on file with us, Clearwire will pre-authorize two charges on your account with your Card. The first will be for $1 to test the validity of the Card. The second will be for the estimated amount of the first month's service + tax, or $45 whichever is greater. Thereafter, Clearwire will bill you, on a monthly basis (except in the case of Day Pass account), for the Service, any Overage Charges, the Equipment (as applicable), installation fees and activation fees, including any Optional Services (as applicable). Monthly charges will be automatically charged to your Card or debited via EFT from your e-check account on record, as specified in any applicable recurring payment plan you enter with Clearwire. You expressly agree that Clearwire may charge your Card all amounts associated with your Clearwire account. You will pay Clearwire all outstanding balances when due.

5. Billing Disputes.

You must notify Clearwire in writing no later than thirty (30) days after receiving your Card or bank account statement if you dispute any Clearwire charges on that statement or such dispute will be deemed waived. Clearwire will resolve all billing disputes in its sole discretion.

6. Delinquency/Late Fees.

a. Accounts not paid in full by the due date are subject to suspension or termination by Clearwire. In addition, Clearwire may terminate your Service if your Card expires or the bank account is closed or suspended and you have not provided Clearwire with a valid replacement Card or EFT-related information. In the event of such suspension or termination by Clearwire, you will pay Clearwire any outstanding fees and all collection costs and fees, including reasonable attorneys' fees and late fees, incurred or charged by Clearwire. Clearwire may, but is not required to, reactivate your Service after Service has been suspended or terminated. Before Service may be reactivated, you must pay Clearwire all past due amounts and late payment fees plus a reasonable suspension charge per account to cover Clearwire's administrative costs associated with the termination and applicable taxes, and you may be required to provide Clearwire with a deposit.

b. All delinquent charges and charges not honored by your Card issuer or bank will be subject to a late fee equal to 1.5% (or the highest amount allowed by law, whichever is lower) of the delinquent amount(s) or $5 per month (or portion of a month), whichever is greater. Except to the extent prohibited by law, this late fee may be charged pending the resolution of any disputes you may have raised regarding your invoiced charges, provided however that any disputed charges which are resolved in your favor will not be assessed a late fee or have the late fee removed from the charges.

7. Availability of Service/Variation of Speed/Maintenance Outages.

You acknowledge that Clearwire Service, including any internet phone service, mobile VoIP service or product, may not be available in all areas, and even within coverage areas service availability, quality, signal strength and network speeds may vary, be lower than advertised or be insufficient for use of the Service. You agree to provide Clearwire with the correct address of your primary place of use, which will be used to determine whether adequate coverage is available. You further agree to promptly notify Clearwire of any changes in the primary Service address. In order to provide the best possible service to its customers, Clearwire must perform maintenance on its network. In some cases this may require Clearwire to conduct either a planned or unplanned interruption of the Service. Clearwire will use commercially reasonable efforts to schedule maintenance outages so as to minimize the impact on its customers, but cannot guarantee that your Service will not be interrupted, and cannot always give advance notice of such outages. You acknowledge and agree that Clearwire shall not be responsible for any losses or damages suffered by you as a result of any Service interruptions due to maintenance outages. Please see Section 11 (Credits) and Section 21 (Limitation of Liability) of this Agreement for further restrictions on Clearwire’s liability for Service outages. Except as otherwise provided in this Agreement, no refunds or credits will be made for any Service outages.

8. Equipment Provided - Lease.

If you lease any Equipment from Clearwire, you must return all leased Equipment in good working order upon the termination or expiration of this Agreement or upon Clearwire's request. If you fail to return all leased Equipment in good working order, reasonable wear and tear excepted, within thirty (30) days after expiration of this Agreement or by the date otherwise specified or requested by Clearwire, you agree to pay Clearwire a "non-return" fee for such Equipment, which you acknowledge is a reasonable estimation of the repair or retail value of the Equipment. In addition, if you do not return the leased Equipment to Clearwire by the required date, you agree to continue paying Clearwire your monthly Internet Access Service charges until you return the Equipment. You hereby irrevocably authorize Clearwire to charge such amounts (the cost of the Equipment and the monthly Internet Access Service charges) to any Card or bank account you provide or previously have provided to Clearwire for any purpose. You understand that this authorization to charge your Card or bank account for failing to return leased Equipment in good working order may not be revoked even if you revoke authorization to charge your Card or bank account for other purposes. Clearwire may replace, upgrade, repair, or otherwise modify any leased Equipment, and will repair or replace (in Clearwire's sole discretion) any properly maintained leased Equipment that fails to operate as required for the delivery of Service. You also acknowledge and agree that the modem you are purchasing/leasing may be refurbished equipment, and there shall be no offset, discount, or other reduction in purchase or lease price. You may not modify leased Equipment in any way or sell, encumber, or otherwise transfer the Equipment to others. This section, including all authorizations herein, will survive expiration or termination of this Agreement for any reason.

9. Equipment and Installation Warranty.

Clearwire warrants to you that the Equipment and its installation by Clearwire will be substantially free from material defects, under normal use in compliance with Clearwire's instructions, for a period of one (1) year from the date you receive the Equipment or installation ("Limited Warranty"). This Limited Warranty excludes any defects resulting from abuse, misuse, neglect, theft, vandalism, fire, unusual physical or electrical stress, water, extremes of temperature, an act of God, your failure to comply with Clearwire's policies or other instructions provided by Clearwire, actual or attempted alteration of or additions to the Equipment not approved by Clearwire, or any other cause beyond the reasonable control of Clearwire, all as determined by Clearwire (collectively, "Excluded Causes"). Repair or replacement, in Clearwire's discretion, of the Equipment and reperformance of the installation is Clearwire's only responsibility, and your exclusive remedy, for breach of any warranty regarding the Equipment or the installation, as applicable. This Limited Warranty is personal to you, and will terminate immediately upon the sale or transfer of the Equipment or expiration or termination of this Agreement.

10. Support.

You may elect to use the troubleshooting guides and user information provided by Clearwire or available at: www.clearwire.com/support/support.php prior to contacting Clearwire Customer Care for assistance. In the event that you request a service call to your Service location and Clearwire determines that the problem is your responsibility, you authorize Clearwire to charge your Card or bank account or require you to otherwise pay for the cost of the service call.

11. Credits.

No credit or adjustment will be made for interruptions or degradations of the Service except as provided for in this Section. In the event of an interruption of the Service that continues for a period of twenty-four (24) hours or more, a credit allowance will be made for an amount not to exceed the prorated monthly charges for your Service during the affected period provided that you request the credit in writing within sixty (60) days of the commencement of the interruption or degradation. The foregoing credit will be your sole and exclusive remedy for any interruption or degradation of the Service. No credit will be available if the interruption period results from any Excluded Causes set forth in Section 9 (Equipment and Installation Warranty) of this Agreement.

12. Network Management.

You acknowledge that speed and bandwidth available to each computer or device connected to the network may vary for reasons including, but not limited to the number of users, computers or devices connected to the network, the amount of data being transferred over the network, and available bandwidth. You also agree that Clearwire reserves the right to engage in reasonable network management to protect the overall network, including detecting malicious traffic patterns and preventing the distribution of viruses or other malicious code, and through techniques such as limiting the aggregate bandwidth available to bandwidth intensive users during periods of congestion. While the determination of what constitutes excessive use depends on the specific state of the network at any given time, excessive use will be determined by resource consumption and not by the use of any particular application. For further information, please refer to Clearwire's Acceptable Use Policy, which may be amended from time to time.

13. Acceptable Use Policy.

The Acceptable Use Policy is incorporated into this Agreement as though it is a part of the Agreement. Clearwire reserves the right to immediately restrict, limit, suspend or terminate your Service or terminate this Agreement for any violation of the Acceptable Use Policy, in which case you will forfeit any unused internet time and will not be entitled to a refund.

14. Privacy.

Clearwire's Privacy Policy describes how Clearwire may collect and use your personally identifiable and other information, including your customer proprietary network information (CPNI), applicable to internet phone service subscribers, and is available at: www.clearwire.com/company/legal/privacy.htm or www.clear.com/company/legal/privacy.htm, as may be amended.

15. Ownership; No Licenses.

The Service and leased Equipment, and any firmware or software used to provide the Service, embedded in any Equipment, or used in connection with the Service (collectively "Software"); all Service information, documents and materials delivered to you by Clearwire or located on Clearwire's website (collectively "Information"); and all names, service marks, trademarks, trade names, logos and domain names (collectively "Marks") of Clearwire are and will remain the sole property of Clearwire and nothing in this Agreement grants you the right or license to use any of such Software, Information, or Marks except for your nonexclusive use of the Software and Information in connection with your personal use of the Service in accordance with the Agreement.

16. Tampering with the Equipment.

You must not use with the Service any Equipment that has an altered electronic serial number or equipment identifier or any Equipment that has undergone a factory reset without the express written permission from Clearwire. In addition, you may not use with the Service any serviced, altered, modified, stolen, or tampered Equipment, or permit any other person (unless authorized in advance by Clearwire in writing) to do so.

17. Theft of the Service or Leased Equipment.

You must notify Clearwire immediately, in writing or by calling Clearwire Customer Care, if any leased Equipment is lost or stolen or if you become aware at any time that the Service is being stolen or fraudulently used.

18. Credit Reporting Agencies.

You authorize Clearwire to ask consumer reporting agencies or trade references to furnish Clearwire with employment and credit information, and you consent to Clearwire's rechecking and reporting personal and/or business payment and credit history, as well as to enter this information in your file and disclose this information concerning you to appropriate third parties for reasonable business purposes. Upon receipt of adverse credit information about you at any time, Clearwire reserves the right to suspend or terminate Service to you or require a deposit for Service, at Clearwire's option.

19. Termination/Discontinuance of Service.

Clearwire may suspend or discontinue providing the Service generally, or terminate your Service, either in whole or in part, at any time in its sole discretion. If Clearwire discontinues providing the Service generally or terminates your Service for a reason other than your breach of this Agreement, you will be responsible only for charges accrued through the date of termination, including a pro-rated portion of the final month's charges, and you will not be charged the Early Termination Fee.

20. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES.

THE ONLY WARRANTIES BEING MADE BY CLEARWIRE WITH REGARD TO THE SERVICE AND EQUIPMENT ARE THE EXPRESS LIMITED WARRANTIES SET FORTH IN SECTION 9 OF THIS AGREEMENT. THE CLEARWIRE PARTIES (AS DEFINED BELOW) DISCLAIM ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, AVAILABILITY, NON-INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE OR EQUIPMENT, OR NON-INFRINGEMENT. ANY STATEMENTS MADE IN ANY PACKAGING, MANUALS OR OTHER DOCUMENTS NOT EXPRESSLY INCORPORATED HEREIN, OR BY ANY CLEARWIRE EMPLOYEES OR REPRESENTATIVES, ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND NOT AS REPRESENTATIONS OR WARRANTIES OF ANY KIND BY ANY CLEARWIRE PARTIES. CLEARWIRE DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON CLEARWIRE'S BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE AND THE EQUIPMENT. THIS SECTION WILL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT FOR ANY REASON. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU IN WHOLE OR IN PART.

21. LIMITATION OF LIABILITY.

(A) IN NO EVENT SHALL ANY OF THE CLEARWIRE PARTIES BE LIABLE OR OBLIGATED IN CONNECTION THIS AGREEMENT, UNDER ANY THEORY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, PRIVACY, SECURITY, STRICT OR PRODUCT LIABILITY, BREACH OF WARRANTY, OR OTHER LEGAL OR EQUITABLE THEORY: (I) FOR ANY AMOUNTS IN EXCESS OF THE AGGREGATE OF THE FEES PAID TO CLEARWIRE FOR THE APPLICABLE SERVICE OR EQUIPMENT HEREUNDER DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE OCCURRENCE GIVING RISE TO LIABILITY; (II) FOR ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY, SERVICE, PRODUCTS, OR RIGHTS; (III) FOR ANY LOSS OR CORRUPTION OF DATA, DELAYED, DEGRADED OR INTERRUPTED USE OF THE SERVICE OR ACCESS TO THE INTERNET, INABILITY TO MAKE OR COMPLETE CALLS USING THE INTERNET PHONE SERVICE, OR DAMAGE TO ANY HARDWARE, SOFTWARE, OR THE SERVICE LOCATION; (IV) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES AND/OR LOST PROFITS; (V) FOR ANY LACK OR BREACHES OF SECURITY OF THE SERVICE OR IN THE STORAGE OR INTEGRITY OF YOUR DATA OR ANY USER'S DATA; OR (VI) FOR ANY DAMAGES ARISING FROM ANY DELAY OR FAILURE IN PERFORMANCE DUE TO EVENTS OR CAUSES OUTSIDE CLEARWIRE'S REASONABLE CONTROL.

(B) THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT CLEARWIRE WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES, AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IF YOU ARE DISSATISFIED WITH THE SERVICE OR EQUIPMENT OR IF YOU HAVE ANY OTHER DISPUTE WITH CLEARWIRE, OR CLAIM AGAINST CLEARWIRE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND ANY LIABILITY WILL BE LIMITED TO THE RECOVERY OF YOUR DIRECT DAMAGES, LIMITED TO THE AMOUNT AND BY THE EXCLUSIONS SET FORTH IN THIS SECTION. THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION WILL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR OTHER MODIFICATIONS OF OR LIMITATIONS TO CERTAIN REMEDIES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU, IN WHOLE OR IN PART.

22. Complaint Resolution/Notices.

All complaints must be sent to Clearwire Customer Care at the address set forth at (http://www.clearwire.com/company/contact.php) or by calling 1.888.253.2794. Clearwire may require you to describe the complaint in writing. Written notices to you from Clearwire will be deemed given: (i) when sent to the email address specified on your Order Confirmation, or such other email address you specify in writing, with at least thirty days prior notice, (ii) three (3) days following the date deposited in the U.S. Mail addressed to your last known address as kept in Clearwire's files, or (iii) the date of delivery or rejection when sent by a nationally recognized courier. You are responsible for notifying Clearwire of any changes in your email and/or mailing address. Written notice to Clearwire will be effective when directed to Clearwire's Customer Care Department and received at the address set forth at http://www.clearwire.com/company/contact.php. Except as provided in this Agreement, notices must be in writing to be effective. You also agree that all correspondence and notice sent to you by Clearwire, including account statements, account status, payment and billing information, and changes to terms of service may be sent by Clearwire electronically to the last email address provided by you.

23. Indemnification.

You will defend, indemnify, and hold harmless Clearwire and its affiliates, the agents and suppliers of each, and any of their directors, officers, employees, agents, and shareholders and any other service provider or supplier (collectively, the "Clearwire Parties") against any and all claims, losses, damages, and liabilities arising from the use or misuse of the Service or Equipment by you or by any person you allow to use the Service or Equipment, or any breach of this Agreement by you or associated with Clearwire's installation of Equipment, including, but not limited to, claims by any owner of the Service location. You also agree to reimburse the Clearwire Parties and pay each Clearwire Party's reasonable attorneys' fees and costs related to defending such claims and related to enforcing this Agreement, including any such fees incurred in connection with any appeal. This section will survive termination or expiration of this Agreement for any reason.

24. Assignment and Successors in Interest.

All of the provisions of this Agreement will be binding upon, inure to the benefit of, and be enforceable against your respective successors and permitted assigns. Except as specifically stated herein, you may not assign this Agreement or any of your rights, interests, or obligations without the prior written consent of Clearwire. Any such assignment without consent will be void.

25. Entire Agreement/Severability.

This Agreement consists of these terms and conditions, the Internet Phone Service Addendum the Order Confirmation, and your Service Plan (each as they may be amended from time to time) and represents the entire agreement and understanding of you and Clearwire regarding the subject matter of this Agreement and supersedes all other representations, whether electronic written, or verbal, regarding the subject matter herein. In the event this Agreement is inconsistent with any document incorporated herein by reference or any other agreement between you and Clearwire, this Agreement will control unless Clearwire has expressly stated or agreed otherwise. In the event that a court of competent jurisdiction determines, in a final non-appealable judgment, that any provision of this Agreement is invalid, illegal, or otherwise unenforceable, such provision will be deleted and the remainder of this Agreement will remain in full force and effect and shall be enforced as nearly as possible in accordance with the stated intention of the parties

26. ARBITRATION; CHOICE OF LAW; STATUTE OF LIMITATIONS; JURY AND CLASS ACTION WAIVER.

THIS AGREEMENT WILL BE GOVERNED BY THE LAWS OF THE STATE IN WHICH YOU RESIDE WITHOUT REGARD TO CHOICE OF LAW PRINCIPLES. ALL DISPUTES ARISING UNDER THIS AGREEMENT (OTHER THAN YOUR FAILURE TO MAKE PAYMENTS IN ACCORDANCE WITH THIS AGREEMENT AND ANY ACTION TO COLLECT AMOUNTS DUE TO CLEARWIRE UNDER THIS AGREEMENT, WHICH MAY BE BROUGHT IN ANY COURT OF COMPETENT JURISDICTION) WILL BE SETTLED EXCLUSIVELY BY BINDING ARBITRATION USING THE COMMERCIAL RULES OF THE AMERICAN ARBITRATION ASSOCIATION ("AAA") THEN IN EFFECT. THE PLACE FOR ARBITRATION WILL BE IN THE STATE WHERE THE SERVICE IS PROVIDED. ONE (1) ARBITRATOR SELECTED IN ACCORDANCE WITH THE AAA RULES WHO HAS EXPERTISE IN THE SUBJECT MATTER HEREOF WILL CONDUCT THE ARBITRATION. THE DECISIONS OF THE ARBITRATOR WILL BE BINDING AND CONCLUSIVE UPON ALL PARTIES INVOLVED AND JUDGMENT UPON ANY AWARD OF THE ARBITRATOR MAY BE ENTERED BY ANY COURT HAVING COMPETENT JURISDICTION. THIS PROVISION WILL BE SPECIFICALLY ENFORCEABLE IN ANY COURT OF COMPETENT JURISDICTION. THIS DUTY TO ARBITRATE AND THE PROVISIONS IN THIS SECTION WILL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT FOR ANY REASON. THE ARBITRATOR WILL NOT HAVE ANY AUTHORITY TO AWARD ANY SPECIAL OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES EXCEPT AS PERMITTED BY THIS AGREEMENT. YOU AND CLEARWIRE WAIVE ANY RIGHT TO TRIAL BY JURY OF ANY CLAIMS OR DISPUTES RELATING TO THIS AGREEMENT OR THE SERVICE OR EQUIPMENT. NEITHER PARTY SHALL, AND EACH PARTY WAIVES ANY RIGHT TO, PARTICIPATE IN A CLASS ACTION (INCLUDING ANY CLASS ARBITRATION), EITHER AS A CLASS REPRESENTATIVE OR A CLASS MEMBER, ACT AS A PRIVATE ATTORNEY GENERAL, OR JOIN OR CONSOLIDATE CLAIMS WITH CLAIMS OF ANY OTHER PERSON. YOU AND CLEARWIRE AGREE THAT ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICE OR THIS AGREEMENT MUST BE COMMENCED WITHIN TWO (2) YEARS AFTER THE CLAIM ARISES, OR THE CLAIM WILL BE PERMANENTLY BARRED. NOTHING IN THIS AGREEMENT WILL PREVENT CLEARWIRE FROM SEEKING CONSERVATORY, PROTECTIVE OR INJUNCTIVE RELIEF WITH RESPECT TO A VIOLATION OF ITS INTELLECTUAL PROPERTY RIGHTS IN ANY COURT OF COMPETENT JURISDICTION PENDING THE OUTCOME OF THE ARBITRATION, OR ENFORCEMENT OR RECOGNITION OF ANY AWARD OR ORDER IN ANY COURT OF COMPETENT JURISDICTION. IN THE EVENT THAT ANY OF THE TERMS IN THIS SECTION 24 IS HELD TO BE IN CONFLICT WITH A MANDATORY PROVISION OF APPLICABLE LAW, THE CONFLICTING TERM OF THIS SECTION 24 SHALL BE MODIFIED AUTOMATICALLY TO COMPLY WITH SUCH PROVISION AND THE REMAINDER OF THIS SECTION 24 SHALL NOT BE AFFECTED.