Legal | Cingular.com
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`https://onlinecare.cingular.com/my-account/legal/service-agreement.jsp
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`Cingular Wireless Service Agreement
`
`IMPORTANT PLEASE READ CAREFULLY
`
`This is an agreement (“Agreement”) between you and Cingular Wireless II, LLC, acting on behalf of its FCC-licensed
`affiliates doing business as Cingular Wireless, (“Cingular,” “us” or “we”) and governs wireless radio and other services
`(“Service”) provided by us to you through wireless receiving and transmitting equipment, SIM (Subscriber Identity
`Module) Card and any accessories (each a “Device”) that we have authorized to be programmed or associated with a
`number or identifier (an “Identifier”). This Agreement explains our respective legal rights concerning all aspects of our
`relationship, including:
`
`• Resolution of past or future disputes by arbitration instead of court trials and class actions and limitations on the
`time periods for bringing claims.
`• Billing and charges
`• Starting and ending service
`• Account information
`• Early cancellation fees
`• Limitations of liability, damage awards and warranty
`• Changes to this agreement
`
`ARBITRATION NOTICE: The Resolution of Disputes provisions below describe our mutual agreement to use
`mandatory arbitration for the resolution of most past or future disputes between us instead of a court trial or class action
`lawsuit.
`
`IF YOU 1) USE THE SERVICE OR DEVICE, OR 2) ACCEPT ANY BENEFIT IN EXCHANGE FOR COMMITTING TO NEW TERMS
`AND CONDITIONS AND/OR A NEW CONTRACT TERM, OR 3) PAY US ANY AMOUNT FOR THE SERVICE, YOU CONSENT TO
`THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, ANY CORRESPONDING RATE PLAN, AND ALL POLICIES
`AND GUIDELINES INCORPORATED BY REFERENCE, ALL AS MAY BE CHANGED AS DESCRIBED IN PARAGRAPH 6 BELOW.
`IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS IN THIS AGREEMENT, DO NOT USE THE SERVICE OR
`DEVICE AND NOTIFY US WITHIN 30 DAYS OF THE DATE OF ORIGINAL ACTIVATION FOR EACH IDENTIFIER TO CANCEL
`THE SERVICE AND/OR RETURN THE DEVICE PURCHASED FROM US. YOUR RIGHTS TO TERMINATE THEREAFTER ARE SET
`FORTH BELOW. YOU ARE RESPONSIBLE FOR ALL CHARGES INCURRED PRIOR TO NOTIFYING US OF CANCELLATION.
`
`DESCRIPTION OF SERVICES
`
`1. Rate Plans. The price, features and options of the Service available for each Identifier on your Account depends
`on the calling or data plan, feature or promotion selected by you when you activated or changed your Service and
`are described in a separate Calling Plan, Service Plan or Rate Plan (“Rate Plan”) Brochure, in feature or
`promotional materials, at cingular.com and/or in materials included with your Device (collectively, “Sales
`Information”), all of which are incorporated by reference, are a part of this Agreement and were available when
`you activated or changed Service. To receive copies of Sales Information contact Customer Care.
`
`2. Authority. You represent that you are: (i) legally competent to enter into this Agreement, (ii) in the case of an
`individual, over 18 years old and a resident of one of the fifty United States or 21 years old or legally
`emancipated and a resident of Puerto Rico, and (iii) not aware of any disability that would prevent you from
`entering into this Agreement. If you order or activate Service on behalf of an entity, you represent that you are
`authorized to do so and acknowledge that such entity is bound by the terms and conditions of this Agreement;
`however, all terms and conditions that relate to use of the Service by you as the end user of a Device will also
`bind you individually. If you activate Service on behalf of an entity but were unauthorized to do so, you will be
`personally responsible for all charges to the Account and will be fully bound by this Agreement as though you had
`activated Service on your own behalf.
`
`3. Deposits/Service Limits/Credit Reports/Return of Balances. You authorize us to ask consumer reporting
`agencies or trade references to furnish us with employment and credit information, and you consent to our
`rechecking and reporting personal and/or business payment and credit history if, in our sole discretion, we so
`choose. If you believe that we have reported inaccurate information about your account to a consumer reporting
`agency, you may send a written notice describing the specific inaccuracy to the address provided in the Notices
`section below. For you to receive Service, we may require a deposit or set a service limit. The deposit will be held
`as a partial guarantee of payment. It cannot be used by you to pay your bill or delay payment. Unless otherwise
`required by law, deposits may be mixed with other funds and will not earn interest. We reserve the right to
`increase your deposit if we deem appropriate. You may request that we reevaluate your deposit on an annual
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`basis, which may result in a partial or total refund of the deposit to you or credit to your account. If you default or
`this Agreement is terminated, we may, without notice to you, apply any deposit towards payment of any amounts
`you owe to us. After approximately 90 days following termination of this Agreement, any remaining deposit or
`other credit balance in excess of $10 will be returned without interest, unless otherwise required by law, to you at
`your last known address. You agree any amounts under $10 will not be refunded to cover our costs of closing
`your account. If the deposit balance is undeliverable and returned to us, we will hold it for you for one year from
`the date of return and, during that period, we may charge a service fee against the deposit balance, if allowed by
`law. You hereby grant us a security interest in any deposit we require and, to the extent of any property interest
`provided by law, in the Identifier and Device associated with your Account, to secure the performance of your
`obligations hereunder.
`
`4. Rates. Your Service rates and other charges and conditions for each Identifier or Device are described in your
`Sales Information. If you lose your eligibility for a particular Rate Plan, we may change your Rate Plan upon prior
`notice to you. If you misrepresent your eligibility for any Rate Plan, you agree to pay us the additional amount
`you would have been charged under the most favorable Rate Plan for which you are eligible. If you select a Rate
`Plan that includes a predetermined allotment of Services (for example, a predetermined amount of airtime,
`megabytes or text messages), any unused allotment of Services from one billing cycle will not carry over to any
`other billing cycle.
`
`5. Business Agreement Benefits. You may receive or be eligible for certain Rate Plans, discounts, features,
`promotions, and other benefits (collectively, "Benefits") through a business or government customer's agreement
`with us (a "Business Agreement"). Any and all such Benefits are provided to you solely as a result of the
`corresponding Business Agreement and such Benefits may be modified or terminated without notice. If you
`receive Service where a business or government entity pays your charges or is otherwise liable for the charges,
`you authorize us to share your account information with that entity and/or its authorized agents. If you are on a
`Rate Plan and/or receive certain Benefits tied to a Business Agreement with us, but you are liable for your own
`charges, then you authorize us to share enough account information with that entity and/or its authorized agents
`to verify your continuing eligibility for those Benefits and/or the Rate Plan.
`
`6. Changes to Agreement or Service. We may amend the terms of this Agreement, including the Sales
`Information, upon advance notice provided to you in any manner we choose, that complies with law, including by
`notice contained with your invoice for the Service. In the event that we make such a change that has a material
`adverse impact (or other standard as may be required by law) on your rights or use of the Service, you may
`terminate the Agreement as described in the notice we provide, and you will not be charged any cancellation fee.
`If you do not terminate service as described in the notice , you agree to that change. You have the option to
`change your Service at any time by notifying us, and you may take advantage of those of our Services for which
`you qualify, provided that you comply with any requirements of the Service, including, where applicable,
`extending the term of this Agreement. Any change will take effect by your next billing cycle, and your continued
`use of the Service will be deemed to constitute your express consent to the changes. If you transfer to a Rate
`Plan having a term that is shorter than your previous Rate Plan, you may remain obligated for the term of the
`previous Rate Plan.
`
`7. Availability/Interruption. Service is normally available to your Device when it is within the operating range of
`our system but may be available outside of that area in other participating carrier service areas. Service is
`subject to transmission limitation, reduction in transmission speed, or interruption caused by weather, your
`equipment, terrain, obstructions such as trees or buildings, or other conditions. Service may be limited in some
`areas where coverage is not available or may be temporarily limited or interrupted due to system capacity
`limitations, system repairs or modifications, or in response to suspected fraud, abuse, misuse of the network,
`hacking or malicious viruses or violations of our Acceptable Use Policy. Interruption may also result from
`nonpayment of charges by you. We may block access to certain categories of numbers (e.g. 976, 900 and certain
`international destinations) or certain web sites if, in our sole discretion, we are experiencing excessive billing,
`collection, fraud problems or other misuse of our network. We may, but do not have an obligation to, refuse to
`transmit any information through the Service and may screen and delete information prior to delivery to you or
`the Device as permitted by law. Some aspects of the Service may be temporarily unavailable if personal
`information is provided by a child under the age of 13. Without parental consent, children under the age of 13 will
`not be able to use certain aspects of the Service. Devices may be incompatible with TTY, so TTY users may be
`unable to make emergency calls. TTY availability on our network does not indicate compatibility while using
`another carrier's network.
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`USE OF SERVICE
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`8. Acceptable Use. Your use of the Service must comply with our Acceptable Use Policy, found in the Legal Notices
`section at cingular.com, which you should read carefully. The Acceptable Use Policy is incorporated by reference
`as a part of this Agreement. Our Acceptable Use Policy may be updated from time-to-time.
`
`9. Account Access and Unauthorized Use. Any person able to provide information we deem sufficient to identify
`you and the Account is authorized by you to receive information about and make changes to your Account,
`including adding new Service. You are responsible for safeguarding your Device and access information (such as
`your Account number) and failure to do so may result in expense to you. If your Device, user name or password
`is stolen or Service is fraudulently used, you must immediately notify us and provide us with such documentation
`and information as we may request (including affidavits and police reports). You will remain responsible for all
`charges incurred before you notify us. You agree to cooperate with us in any fraud investigation and to use any
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`fraud prevention measures we prescribe. Failure to reasonably cooperate may result in your liability for all
`fraudulent usage.
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`10. Your Content and Use of Service. You are solely responsible for all content that you permit to be posted or
`transmitted onto or through the Service or any of our systems, including materials, code, data, text (whether or
`not perceptible by users), multimedia information (including, but not limited to sound, data, audio, video,
`graphics, photographs, or artwork), e-mail, chat room content, bulletin board postings, or any other items or
`materials accessible through the Service or any of our systems ("Content"). YOUR USE OF THE SERVICE IS
`ENTIRELY AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY FOR AND RISK OF LOSS RESULTING FROM
`YOUR DOWNLOADING, ACCESS TO, OR USE OF ANY THIRD-PARTY CONTENT, OR FROM YOUR ACCESS TO OR
`USE OF THE SERVICE OR THE INTERNET, IN ANY MANNER AND FOR ANY PURPOSE WHATSOEVER. In providing
`Service, we may permit our subscribers to transmit, receive and host content over our network and the Internet
`and may act as a "services provider" as defined in the Digital Millennium Copyright Act. Please see our Site
`Access Agreement found in the Legal Notices section at cingular.com for additional information.
`
`11. Use of Service/Device/Identifier. Reproduction, retransmission, dissemination or resale of Service is
`prohibited without prior written contractual arrangements with us and any required regulatory approvals. You are
`responsible for ensuring that your Device is compatible with our Service and meets federal standards. You are
`responsible for the purchase and maintenance of any additional hardware, software and/or Internet access from
`your PC required to use the Service. Internet Protocol ("IP") addresses for services provided on the Cingular
`Wireless GSM/GPRS, EDGE or UMTS networks will be assigned dynamically per session from a private pool and
`not all protocols will be supported. Other IP addressing options are available for additional cost. Except as
`provided otherwise by law, you have no property rights to any Identifier, including, without limitation, any IP
`address, any e-mail address or any other identifier, provisioned by us, our agents or the manufacturer of your
`Device to be used with the Service, and you agree we may change any such Identifier at any time with or without
`prior notice to you. In the event we are required by law to transfer any Identifier to you on termination of this
`Agreement, we may charge you a fee. Your Device has been manufactured to operate exclusively with Service
`provided by us. The Device cannot be activated with any other wireless carrier and if your Device utilizes a SIM
`card it will only accept a SIM card provided by us. Devices not purchased from us or our authorized distributors
`(a) may not provide you with some or all of the features included in your Service (b) may not allow you to use
`features and functions while off our owned and operated network, including those that work while on our owned
`and operated network, and (c) calls to 911 may not go through on any network. Call timers included on your
`Device are not an accurate representation of actual billed usage. By using the Service, you agree to abide by the
`terms and conditions of any applicable software license.
`
`TERM OF SERVICE AND TERMINATION
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`12. Term. The term of this Agreement for each Identifier begins on the date we activate Service for that Identifier or
`the date you accept a benefit that extends or renews the term and ends when Service for that Identifier is
`terminated. UNLESS WE AGREE OTHERWISE, YOU AGREE TO AN INITIAL TERM OF ONE YEAR AND AGREE TO
`PURCHASE SERVICE FOR THE FULL INITIAL TERM. If we allow you to suspend your account for a temporary
`period, we may extend the term of your Agreement by the length of the temporary suspension. After the initial
`one year term expires, this Agreement will continue on a month to month basis until terminated by either party
`as provided herein. IF YOU TERMINATE SERVICE FOR ANY IDENTIFIER MORE THAN 30 DAYS AFTER YOUR
`ORIGINAL ACTIVATION DATE FOR THAT IDENTIFIER, BUT BEFORE THE END OF YOUR TERM, OR WE TERMINATE
`FOLLOWING YOUR DEFAULT, YOU WILL BE IN MATERIAL BREACH OF THIS AGREEMENT. YOU AGREE OUR
`DAMAGES WILL BE DIFFICULT OR IMPOSSIBLE TO DETERMINE AND AGREE TO PAY US, AS A REASONABLE
`ESTIMATE OF OUR DAMAGES AND IN ADDITION TO ALL OTHER AMOUNTS OWING, A CANCELLATION FEE IN AN
`AMOUNT EQUAL TO THE GREATER OF $175 PER IDENTIFIER OR THE CANCELLATION FEE SET FORTH IN YOUR
`RATE PLAN AND YOU MAY NOT BE ELIGIBLE FOR NEW CUSTOMER PROMOTIONS IN THE FUTURE. Payment of the
`cancellation fee will not relieve you of any obligations owed to us prior to the termination date, including payment
`of fees and costs. For any termination (including when you switch your wireless number to another carrier), you
`will be responsible for payment of all fees and charges through the end of the billing cycle in which termination
`occurs.
`
`13. Default/Suspension/Termination. You will be in default of this Agreement if you (a) fail to pay any amount
`owed to us or an affiliate of ours or any amount appearing on your invoice (b) have amounts still owing to us or
`an affiliate of ours from a prior account, (c) breach any representation to us or fail to perform any of the promises
`you made in this Agreement, (d) violate any policy applicable to the Service, or (e) are subject to any proceeding
`under the Bankruptcy Code or similar laws. If you are in default, we may, without notice to you, suspend Service,
`withhold equipment or other refunds and/or terminate this Agreement, in addition to all other remedies available
`to us. We may require reactivation charges to renew Service after termination or suspension. If your Service is
`suspended we may refuse to port any Identifier to another carrier. Upon termination and/or porting any Identifier
`to another carrier, you are responsible for paying all amounts and charges you owe to us, including any applicable
`cancellation fee. Third party promotions and/or discounts may end upon termination of this Agreement.
`
`CHARGES AND BILLING
`
`14. Usage Charges. You are responsible for paying all charges in accordance with your Rate Plan for use of the
`Service associated with the Identifier(s) and Device(s) assigned to you, even if you did not use, or authorize the
`use of, the Device. The network name or type of service displayed on your Device does not determine how
`Service will be billed. Charges may be associated with airtime, access, features, voice mail access, voice mail
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`delivery, data usage, text and multi-media messages, downloadables, alerts, roaming, long distance, directory
`and operator assistance, listing or un-listing charges, the price of Devices and accessories, premium content,
`software, charges for other goods and services, including shipping and handling, that are charged through your
`bill. You may be billed for multiple types of usage simultaneously.
`
`15. Voice Charges. You will be billed at domestic* airtime or roaming rates for 800, 866, 877, 888, and other "toll
`free" calls. Cingular Wireless will be your wireless long distance provider. When using any GSM/GPRS, EDGE or
`UMTS network owned and operated by Cingular Wireless, for all incoming and outgoing voice Service, the length
`of the call will be measured during the time that the call is connected to our system, which is approximately from
`the time you press the button that initiates or answers a call until approximately the time the first party
`terminates the call. When using any other network owned and operated by Cingular Wireless, for all incoming and
`outgoing voice Service, the length of the call will be measured during the time that the call is connected to our
`system, which is approximately from the time you press the button that initiates an outgoing call or
`approximately when the Device starts ringing for incoming calls until approximately the time you press the button
`that terminates the call. On all of our owned and operated networks, voice Service on each call is billed in full
`minute increments, with partial minutes of use rounded up to the next full minute. When you place a call on our
`owned and operated network in your local area and it is dropped by our system, if you replace the call within a
`reasonable period of time, we will automatically credit your account for one minute of airtime. When using the
`TDMA or analog networks you will only be provided a credit if your included minutes have been depleted. For any
`other dropped calls, contact Customer Care. If an incoming call has been forwarded to another phone number,
`you will be charged for the entire time that our switch handles the call. While on our owned and operated
`network, there is no charge for busy or unanswered calls if you end the call within 30 seconds. Service may be
`billed in a subsequent month due to delayed reporting between carriers and will be charged as if used in the
`month billed.
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`* Puerto Rico residents only: You will be billed based on the rate plan, features and/or promotion selected by you.
`
`16. Data Charges. You are responsible for all data usage sent through our network and associated with the Device,
`regardless of whether the Device actually receives the information. If you choose to connect your device to your
`PC for use as a wireless modem, standard data charges will apply in accordance with your plan. Utilizing
`compression solutions may or may not impact the amount of kilobytes for which you are billed. Mobile Internet
`service will be calculated and billed in kilobytes. One megabyte equals 1024 kilobytes. One kilobyte equals 1024
`bytes. All data usage will be compiled as often as once per hour or only once every 24 hours. Our system will
`then create individual billing records representing (a) the data usage for each data gateway or service accessed
`(e.g. WAP, RIM) while on our network (b) the usage for each carrier's domestic network and (c) the data usage
`for each international network. Each billing record will be rounded up to the next kilobyte and the charge will be
`rounded up to the nearest cent. In some situations billing for data usage may be delayed; any delayed usage will
`create additional billing records for the actual day of the usage.
`
`17. Taxes, Surcharges and Other Fees. Various taxes, surcharges, fees, and other assessments (e.g., universal
`connectivity charge) are imposed by governments relating to the Service we provide to you, goods or services
`you purchase, and the wireless network and equipment used in providing the Service. We will determine, in our
`reasonable discretion, the taxes and other assessments that you are responsible to pay and the amounts of such
`charges, which may vary. You are responsible for paying these taxes and other assessments, regardless of
`whether they are assessed on you or us. To determine which jurisdictions' wireless telecommunications service
`taxes and other assessments to collect, federal law requires us to obtain your Place of Primary Use ("PPU"), which
`must be your residential or business street address and must be within our licensed service area. You agree to
`provide us your PPU and to notify us of any changes in your PPU. If you do not provide us with an appropriate
`PPU, we may reasonably designate one for you. On certain Rate Plans, your PPU must be your residential
`address.
`
`18. Regulatory Programs Fee. In addition to other charges, you may also be assessed a Regulatory Programs Fee,
`which is a monthly charge created, assessed and collected by Cingular Wireless to help defray our costs for
`compliance with various regulatory requirements which include, but are not limited to, the capability to provide
`wireless number portability, number pooling and 911 enhancements in our network, which may not yet be
`available to subscribers in your area. Some of these programs may not yet be available to subscribers. This fee is
`not a tax or a government-required charge. In our discretion, we may change the amount of the Regulatory
`Programs Fee.
`
`19. Billing and Payment. We will provide your bill in a format we choose, which may change from time to time.
`Payment of all charges is due upon receipt of invoice or, if a dollar limit is placed on your account, upon notice by
`us that your account has exceeded the limit.* A fee may be charged for additional copies of bills, or billing in
`another format, including the detailed billing option, and certain services rendered at our stores. You will receive
`one bill for all Service associated with each Device and any charges of a third party on whose behalf we bill.
`Billing cycle end dates may change from time to time. When a billing cycle covers less than or more than a full
`month, we may make reasonable adjustments and prorations. If you have authorized payment by credit card, no
`additional notice or consent will be required for billings to that credit card for all amounts (including late charges
`and cancellation fees). You must promptly notify us of any change in your invoicing address or changes related to
`the credit card used for payment. Your payment obligations survive any termination of this Agreement.
`
`*Puerto Rico residents only: Payment of undisputed charges is due fifteen (15) days after the date your invoice is
`sent, i.e., deposited in the U.S. mail or sent to you by other means. Any dispute, or objection to charges
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`contained in your bill, claims, or requests for investigation must be made on or before the due date as provided
`below.
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`20. Late Payments/Disputes Time is of the essence for payment. Therefore, to the extent permitted by law, you
`agree to pay us a late fee for amounts unpaid 22 days after the date the invoice was mailed of 1.5% (AK
`0.875%, AR 0.42%, NE 1.33%, WI 1.0%) a month. Acceptance of late or partial payments (even if marked "Paid
`in Full") shall not waive any of our rights to collect the full amount you owe to us. For any check or electronic
`payment returned for nonpayment or for any credit card chargebacks, we will assess an additional fee not to
`exceed $25, or such lower amount as permitted by applicable law* and we may, without notice to you, suspend
`Service and/or terminate this Agreement, in addition to all other remedies. All amounts due, including disputed
`amounts, must be paid by the due date regardless of the status of any objection (Puerto Rico residents, see
`Billing and Payment paragraph). Payments will be applied first to amounts owed to us and then to amounts owed
`to third parties. Unless prohibited by law, all communications concerning disputed amounts owed, including any
`instrument tendered as full satisfaction of the amounts owed, or stipulating any other conditional action,
`agreement or proposed resolution of any dispute must be (i) in writing, (ii) marked "Billing Dispute" on the
`outside of the envelope, (iii) sent to the address provided in the Notices section below, and (iv) received by us
`within 60 days** after receipt of the invoice.
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`*Puerto Rico residents only: This paragraph constitutes notice that you will be assessed a fee for returned checks.
`It also constitutes notice that your Service may be suspended if any undisputed amount remains unpaid more
`than 35 days after the date your invoice was sent.
`
`**Puerto Rico residents only: You must notify us of a billing dispute no later than 15 days after the date your
`invoice was sent. We will provide you with a determination regarding the dispute within 15 days after we receive
`it. You may appeal our determination to the Telecommunications Board of the Commonwealth of Puerto Rico
`("Telecommunications Board") by filing a petition for review up to 30 days after the date of our determination.
`Your petition for review shall be made through the filing of a document containing the following information: (i)
`your name and address; (ii) our company name; (iii) the pertinent facts; (iv) any applicable legal provisions that
`you are aware of; and (v) the remedy you are requesting. The document may be filed handwritten or typewritten
`and must be signed by you. You must send us a copy of your document to the address in the Notices section
`below. You must send your petition for review to the Telecommunications Board at the following address: 235
`Arterial Hostos Avenue, Capital Center Bldg., North Tower, Suite 901, Hato Rey, Puerto Rico. The
`Telecommunications Board will only review our determination on appeal. You are advised of the provisions
`regarding suspension of service that appear in Law 33 of July 7, 1985, Law 213 of September 12, 1996 and
`Regulation 5940 promulgated by the Telecommunications Board. You are also advised of Regulation 5939 of
`March 12, 1999 promulgated by the Telecommunications Board regarding the procedures for resolution of
`customer disputes.
`
`PRIVACY
`
`21. Our Privacy Policy. In addition to the specific terms of this Agreement, we encourage you to learn more about
`our general privacy practices by reading our Privacy Policy at cingular.com/privacy
`
`22. Consents.
`a. You consent to our release of information about you and your use of Service when we believe release is
`appropriate to (i) comply with the law or in good faith reliance on legal process (e.g. a lawful subpoena,
`E911 information); (ii) enforce or apply our customer agreements; (iii) initiate, render, bill and collect for
`Services; (iv) protect our rights or property, or to protect users of those Services and other carriers from
`fraudulent, abusive, or unlawful use of, or subscription to, such Services; or (v) facilitate or verify the
`appropriate calculation of taxes, fees or other obligations due to a local, state or federal government.
`
`b. We may also release information about you if we reasonably believe that an emergency involving
`immediate danger of death or serious physical injury to any person requires disclosure of communications
`or justifies disclosure of records without delay. You consent to our monitoring of any communication to or
`from you or your Device to protect our rights or property or those of our customers, as well as for quality
`control and service related purposes.
`
`c. Your caller identification information (such as your name and wireless number, including area code), may
`be displayed on the equipment or bill of the person receiving your call.
`
`d. You consent to our use of regular mail, predictive or autodialing equipment, email, SMS, facsimile or other
`reasonable means to contact you to advise you about our services or other matters we believe may be of
`interest to you. In any event, we reserve the right to contact you by any means regarding customer
`service-related notifications, or other such information. You consent to receiving advertising, alerts and
`other broadcast messages from us or our authorized agents.
`
`23. Customer Proprietary Network Information (CPNI) Consent. Under federal law, you have a right, and we
`have a duty, to protect the confidentiality of information about your telephone usage, the services you buy from
`us, who you call, and the location of your device on our network when you make a voice call. This information is
`sometimes referred to as "Customer Proprietary Network Information", or "CPNI". We share CPNI with affiliates of
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`SBC Communications and BellSouth Corporation (the parent companies of Cingular) that provide
`telecommunications services to which you also subscribe. Before sharing CPNI in any other way, we will first
`notify you of your rights under the law, describe how we intend to use the CPNI, and give you an opportunity to
`opt out of such usage (or, when required by law, to opt in).Declining consent will not affect your current Service
`or the provisions of paragraphs 5, 22 or 24.
`
`24. Business Transfer. You consent to disclosure of your CPNI or other personal information, in connection with any
`merger, acquisition or sale of our assets or transition of service to another provider, as well as in the event of an
`insolvency, bankruptcy or receivership in which personal information would be transferred as one of