Inland Cellular Telephone Company (“Inland Cellular”) undertakes to provide cellular services under the terms and conditions and at the rates and charges specified in this Service Order. Cellular radio telecommunications service (herein “Service”) is furnished by Inland Cellular through facilities which are interconnected to the public switched telephone network. This Service Order is a contract that creates rights and obligations among Inland Cellular and Customer (including, by extension, those Users and Authorized Signers as granted by Customer). Thus, the Service Order is referred to both as “Service Order” and “Contract” throughout. The terms “User”, “Customer” and “Authorized Signer” are used throughout the Service Order. A “Customer” is any individual or entity that has signed the Service Order and is financially responsible for the charges generated for use of Inland Cellular’s service and equipment. A “User” is any individual or entity that the Customer has authorized to use the Customer’s cellular phone and service. An “Authorized Signer” is any individual or entity that the Customer has authorized in writing to have full access to the Customer’s account, including charging equipment, changing rate plans or features, adding or subtracting service lines, etc. The Customer is responsible for all charges, including any charged equipment, service termination penalties, collections fees, taxes, surcharges, or other fees required by law or reasonably applied, generated through use of Inland Cellular’s service and equipment by Customer, any User, or any Authorized Signer. Service is available to cellular telephones equipped for this Service when within the range of Inland Cellular’s cell sites. Service is subject to transmission limitations caused by atmospheric, terrain and like conditions. Service may be temporarily refused or limited because of the cellular carrier’s system capacity limitations. Service to any or all Customers and Users may be temporarily interrupted or curtailed due to equipment modifications, upgrades, re-locations, repairs and similar activities necessary for the proper or improved operation of the service.

LIMITATION OF LIABILITY

INLAND CELLULAR’S SOLE LIABILITY TO ITS CUSTOMERS FOR INTERRUPTIONS IN THE SERVICE FURNISHED BY INLAND CELLULAR IS AS FOLLOWS:  WHEN THE SYSTEM IS RENDERED INOPERATIVE BY A CONTINUING SERVICE INTERRUPTION, A CREDIT ALLOWANCE WILL BE MADE AT EITHER THE CUSTOMER’S OR AUTHORIZED SIGNER’S REQUEST, IN THE FORM OF A PRO RATA ADJUSTMENT OF THE FIXED MONTHLY CHARGES BILLED BY INLAND CELLULAR. THIS ADJUSTMENT SHALL CONSTITUTE INLAND CELLULAR’S FULL AND COMPLETE LIABILITY.  INLAND CELLULAR MAY PROVIDE AIRTIME CREDIT FOR ANY CALL THAT IS DISCONNECTED BY INLAND CELLULAR DUE TO INTERFERENCE WITH RADIO TRANSMISSION IF INLAND IS NOTIFIED OF THESE FACTS BY CUSTOMER OR AUTHORIZED SIGNER WITHIN 30 DAYS AFTER THE CALL IS DISCONNECTED. THIS CONSTITUTES INLAND CELLULAR’S FULL AND COMPLETE LIABILITY FOR DISCONNECTED CALLS.  A CREDIT ALLOWANCE WILL NOT BE GIVEN FOR INTERRUPTIONS CAUSED BY NEGLIGENCE OR WILLFUL ACT OF THE CUSTOMER, USER, OR AUTHORIZED SIGNER, OR INTERRUPTIONS CAUSED BY FAILURE OF EQUIPMENT OR SERVICES NOT PROVIDED BY INLAND CELLULAR.  INLAND CELLULAR SHALL IN NO EVENT BE LIABLE FOR INTERRUPTION OR DELAYS IN TRANSMISSION, OR ERRORS OR DEFECTS IN TRANSMISSION OR FAILURE TO TRANSMIT WHEN CAUSED BY ACTS OF GOD, FIRE, WAR, RIOTS, GOVERNMENT AUTHORITIES, FACILITIES SHORTAGES, ENVIRONMENTAL OR TERRAIN FACTORS, OR OTHER CAUSES BEYOND INLAND CELLULAR’S REASONABLE CONTROL. INLAND CELLULAR’S LIABILITY, IF ANY, FOR ANY MISTAKE, OMISSION, INTERRUPTION, DELAY, ERROR, DEFECT OR OTHER FAILURE IN ITS OPERATION OF SERVICE OR EQUIPMENT, REGARDLESS OF THE THEORY, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, SHALL IN NO EVENT EXCEED THE AMOUNT OF INLAND CELLULAR’S PRORATED MONTHLY CHARGE TO CUSTOMER FOR SERVICE DURING THE PERIOD SO AFFECTED. INLAND CELLULAR AND CUSTOMER AGREE THAT NEITHER CUSTOMER, NOR ANY USER OR AUTHORIZED SIGNER, SHALL RECOVER PUNITIVE DAMAGES, TREBLE, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES. IN NO EVENT SHALL INLAND CELLULAR BE LIABLE TO CUSTOMER AND/OR USERS, AUTHORIZED SIGNERS, ETC., FOR ANY AMOUNT ARISING OUT OF OR CONNECTED WITH THIS CONTRACT (EXCEPT AS SPECIFICALLY SET OUT HEREIN) OR FOR ANY COSTS, DELAYS OR ATTORNEYS’ FEES. INLAND CELLULAR HAS NO LIABILITY ARISING OUT OF UNAUTHORIZED USE OF ITS SERVICE.

THE CUSTOMER AGREES TO INDEMNIFY INLAND CELLULAR FOR ANY CLAIMS BY THIRD PARTIES AGAINST INLAND CELLULAR ARISING OUT OF THE CUSTOMER’S RELATIONSHIP WITH INLAND CELLULAR. CUSTOMER AGREES TO INDEMNIFY INLAND CELLULAR FOR ANY CLAIMS AGAINST INLAND CELLULAR BY ANY USER OR AUTHORIZED SIGNER.  The same mobile identification number or mobile directory number may not appear in more than one cellular telephone.  Orders, including those which involve the startup, change or discontinuance of Service, will be accepted by Inland Cellular only from the Customer or Authorized Signer. Service shall not be used for any purpose in violation of laws. Service shall not be used in such a manner as to interfere unreasonably with the use of the Service by one or more other Customers or Users. In the event the cellular telephone is stolen, the Customer is liable for all usage and toll charges originating from such Customer’s number until such time as the theft is reported to Inland Cellular. monthly charges continue until the Service is terminated.  Neither Customer, nor User, nor Authorized Signer is authorized to use, or to allow others to use, Inland Cellular’s trademarks or trade names without Inland Cellular’s express written consent.

TERMINATION OF SERVICE

A Customer may terminate Service by notifying Inland Cellular in writing, said termination effective upon receipt of such notice by Inland Cellular. Upon non-payment of any sum due Inland Cellular, upon Customer’s bankruptcy or insolvency, or upon a violation of any of the conditions of this Contract, Inland Cellular may, by written notice to the Customer, without incurring any liability, either temporarily discontinue Service or terminate the Contract. Service may be refused, discontinued or the Contract terminated without notice in the event that Service is used in such a manner that will adversely affect Inland Cellular’s Service to others. Users must reside in the Home Service Area in order to be eligible for Service on any rate plan with an extended ‘home’ service area, both at start of Service and throughout Contract period. Relocation to anywhere outside of our Home Service Area will result in termination of service and Customer will be responsible for all charges, including service termination penalties. Whether the Customer or Inland Cellular terminates service as described above, the Customer is responsible for payment of outstanding charges for the period Service was rendered. If termination occurs prior to expiration of the contract period selected on the front of this form, Customer will be responsible for payment to Inland Cellular for the early termination charge which is the Service Termination Fee amount shown on the front of this form.  Inland Cellular may terminate Service upon 30 days written notice when it is terminating the rate plan under which Customer or User is provided service. In the event that the entire rate plan is terminated by Inland Cellular, Customer or User will not be responsible for any early termination charges but will remain responsible for all other charges incurred. In the event Inland Cellular notifies Customer that Customer’s service will be terminated, Customer agrees that Inland Cellular may notify Users, for which Customer is responsible, by telephone, telephone intercept or otherwise, as to how Users may maintain Inland Cellular service after the termination of the Contract. To minimize the impact on its Users, Customer agrees to cooperate to enable its Users to continue receiving cellular telephone service from Inland Cellular with minimal disruption after termination. Customer will remain solely responsible for its pre-termination obligations to its Users.  Customer will remain responsible to Inland Cellular for charges incurred and the repayment of the early termination service charge if termination occurs prior to expiration of the contract period selected on the front of this form.

If a deposit is required by Inland Cellular, the Customer shall make a deposit to be held by Inland Cellular as a guarantee of the payment of charges. The amount of this deposit shall be reasonably determined by Inland Cellular at its sole option and may be increased from time to time. Interest will not accrue on the deposit amount. Upon termination of Service, Inland Cellular may apply said deposit against Customer’s bill.

CELLULAR TELEPHONE

Inland Cellular is not responsible for the operation, quality of transmissions or maintenance of any cellular telephone. Inland Cellular is not responsible for installation unless Inland Cellular agrees to install the cellular telephone. In the event Inland Cellular installs the cellular telephone, Inland Cellular’s liability for improper installation is spelled out in the Installation Order, the substance of which is incorporated into this Service Order. Customer and User agree that this Service Order does not enlarge Inland Cellular’s liability for improper installation.  The Customer or User must provide and maintain all cellular telephone equipment and ensure that it is technically and operationally compatible with the cellular system and in compliance with applicable Federal Communications Commission rules and regulations.

MOBILE IDENTIFICATION NUMBER

Upon written notice to the Customer, Inland Cellular shall have the right to change mobile identification number. Customer and User agree that Customer and User shall acquire no proprietary interest in any mobile identification number.

RATES, CHARGES AND PAYMENT

The Customer is solely responsible to pay Inland Cellular, regardless if charges are incurred by User, Authorized Signer, or Customer, for all toll charges resulting from the origination of cellular calls to points outside the cellular local area, collect calls, incoming calls and calls billed to the Customer’s mobile identification number, land line charges, roaming charges incurred by using another system, regulatory charges imposed on Inland Cellular and surcharges, taxes assessed or governmental fees imposed by any local, state or Federal government or governmental agency with respect to the services provided. Customer also agrees to pay any charges incurred by utilization of enhanced or special services, if available, (including but not limited to time, weather, operator or directory assistance, call dialing, calling card use, call forwarding, automatic call delivery, short message service, and downloaded ring tones). These charges are in addition to the charges for usage. Customer is also responsible for any equipment charges, services, prorates, taxes and surcharges authorized by Customer or an Authorized Signer. Customer acknowledges that toll service is provided through Inland Cellular.

Inland Cellular reserves the right to change any and all rates contained herein upon 15 days written notice to the Customer. In the event such change results in a price increase, the monthly access rate, or the local airtime rates, Customer may terminate this Contract without liability for early termination of service charge, by giving written notice of cancellation within 15 days after the date of the notice of increase in rates. In addition, Inland Cellular reserves the right to change other terms and conditions contained herein upon 15 days written notice to the Customer. In the event such change results in less favorable terms for the Customer or User, Customer may terminate this Contract without liability for the early termination service charge, by giving written notice of cancellation within 15 days after the date of the notice of such change. Not all rate plans are available in all areas.

MISCELLANEOUS

Customer, Users, and Authorized Signers agree not to assign their rights and obligations under this Service Order in whole or in part without the prior written approval of Inland Cellular, and that any attempt to do so constitutes a violation of the conditions of this Contract, for which Inland Cellular may terminate service.

Neither Customer nor User nor Authorized Signer is to act as an agent for, or legal representative of, Inland Cellular. Neither Customer nor User nor Authorized Signer shall have any authority to assume or create any obligation on behalf of, or in the name of, or that shall be binding upon, Inland Cellular.  The Customer agrees to pay Inland Cellular any attorney’s fee incurred by it due to the customer’s breach of any of the terms and conditions contained herein. Inland Cellular and Customer each waive, to the fullest extent allowed by law, any trial by jury. Instead, a judge will decide any dispute.  The validity, construction and performance of this Contract shall be governed by and interpreted in accordance with: a) the laws of the state encompassing the area code assigned to User’s mobile identification number without regard to the conflict of laws rules of that state; and b) the Federal Communications Commissions’ rules and regulations. If any part of this Contract is held invalid, that will not have any effect on any other part, unless Customer’s or Inland Cellular’s rights or obligations are materially impaired.