Hitachi SH-G1000 PCS CDMA Phone / PDA Combination User Manual Start Here 2c
Hitachi Ltd PCS CDMA Phone / PDA Combination Start Here 2c
Hitachi >
Manual revised
Table of Contents How to Use This Guide . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .i Getting Advanced Phone and Service Information . . . . . . . . . . . . . .ii Getting Started . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .iii Basics of Your PCS Phone . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1 1. Your New PCS Phone . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2 PCS Service 2. Turning Your Device On and Off . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 Turning Your Device On and Off . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 Turning the Phone On and Off . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 3. Set up Your Device . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 4. Using the Battery and Charger . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 Installing the Battery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 Charging the Battery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 Removing the Battery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12 5. Before Making Calls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14 www.sprintpcs.com Copyright © 2003 Sprint Spectrum L.P. All rights reserved. No reproduction in whole or in part without prior written approval. Sprint and the diamond logo are trademarks of Sprint Communications Company L.P. Microsoft, MS, ActiveSync, Outlook, Windows, Windows NT, and the Windows logo are either registered trademarks or trademarks of Microsoft Corporation in the United States and/or other countries. Microsoft products are licensed to OEMs by Microsoft Licensing, Inc., a wholly owned subsidiary of Microsoft Corporation. All other trademarks are property of their respective owners. Printed in Japan. 6. Making and Answering Calls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15 Making Calls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15 Answering Calls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15 Signal Strength . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16 7. Controlling Your Roaming Experience . . . . . . . . . . . . . . . . . . . . .17 Setting Your Device’s Roam Mode . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17 Call Guard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17 Feature Availability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18 8. Internal Phone Book . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19 Saving Phone Numbers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19 Finding Phone Numbers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21 Making a Call From Your Internal Phone Book . . . . . . . . . . . . . . . . . . . . . . . . . .22 9. Changing Your Device’s Settings . . . . . . . . . . . . . . . . . . . . . . . . . . .23 Adjusting the Ringer, Key Beep . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23 Adjusting the Phone Volume . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24 Adjusting Receiver Volume During a Conversation . . . . . . . . . . . . . . . . . . . . . . .24 10. Sending and Receiving Messages . . . . . . . . . . . . . . . . . . . . . . . . .25 Setting Up Voicemail . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25 Retrieving Voicemail Messages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25 Accessing Voicemail From Another Phone . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25 Displaying Numeric Pages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25 11. PCS Service Features . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26 Call Waiting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26 Call Forwarding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26 Three-Way Calling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27 PCS Voice Command . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27 12. PCS Vision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29 PCS Vision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29 Getting Started with PCS Vision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29 13. Your Phone’s PCS Vision Capabilities . . . . . . . . . . . . . . . . . . . . . .30 Accessing PCS Vision Features . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 PCS Vision Feature Availability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 PCS Vision Billing Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 14. Your Device’s Special Features . . . . . . . . . . . . . . . . . . . . . . . . . . . .31 Messaging . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31 PCS Business Connection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31 Web . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31 Picture Mail . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31 Voice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31 Built-in Rotating Camera . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .32 Built-in Keyboard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .32 15. Accessories for Your Device . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .33 How to Order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .33 16. Performance and Safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .34 Important Information About Your Device and Service . . . . . . . . . . . . . . . . . . .34 Maintaining Safe Use of and Access to Your Device . . . . . . . . . . . . . . . . . . . . . . .35 Caring for the Battery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .38 Warning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .39 Caution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41 Precautions for Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .43 Instructions for Daily Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .43 Acknowledging Special Precautions and the FCC Notice . . . . . . . . . . . . . . . . . .45 17. Terms and Conditions & Warranty Information . . . . . . . . . . . . .48 Terms and Conditions of Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .48 Terms of PCS Picture Mail Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .65 Customer Limited Warranty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .77 How to Use This Guide Welcome – you’ve made the right choice The advantages of Sprint are as clear as each call you make. With PCS Service, we give you what you really want from a wireless service provider – clear calls, easy-to-understand service plans and selfservicing options for managing your account. All this is designed to make your life easier and worry free. We know you’re eager to start using your phone right away and this guide is divided into two sections that are designed to help you do just that. The first section will guide you through the steps required to set up your PCS Service. It includes blanks so you can write down important information we’ll share with you that you’ll want to remember. Things like your new PCS Phone Number, information about your service plan and your first invoice. The second section will guide you through the basics of your phone and service, with quick, easy-to-follow instructions. And if you want to know more, just visit us online at www.sprintpcs.com and log on. Then, click on “Claire’s Directory for Service Solutions.” There you’ll find a complete user’s guide that includes a section on learning about all the advanced features of your PCS Phone and service. Getting Advanced Phone and Service Information This guide covers the basics, but your phone is capable of performing a variety of advanced services. To learn to use all the advanced features of your device and service, visit www.sprintpcs.com and log on. Then, click on “Claire’s Directory for Service Solutions.” There, you’ll have access to your complete device user’s guide or you can take an online phone tutorial. Your online phone user’s guide provides information on basic and advanced features and services, which includes instructions and information such as: Getting Started Activating and Using PCS Service • Learning Advanced Dialing Options • Managing Call History • Using Advanced Messaging • Using Advanced Internal Phone Book Options • Using your Phone’s Advanced Settings • Setting your Phone’s Security • Using the Personal Information Management Feature • Using PCS Vision • Understanding your Device’s Internal Menu • And more ii iii 1 Setting up your service— You choose the way • Your PCS Phone. Make sure it’s fully charged. • Your Social Security number or your driver’s license number • Your Electronic Serial Number (also known as ESN; refer to step 5 to locate the number) • The city and state where your phone will be primarily used • A pen The two fastest ways: • Visit us online at activate.sprintpcs.com. • From your PCS Phone, dial You can also: • Use a phone other than your PCS Phone – dial 1-888-715-4588. Have these things ready before you call to activate PCS Service Areas Interested in where you can use your new PCS Phone? Check out the most up-to-date coverage maps at www.sprintpcs.com. iv 4 Your PCS Account Password PCS Clear Pay Program (This section may not apply to you. If not, skip to section 7.) You are on the PCS Clear Pay Program. My Account Password is: Finding your Device’s ESN If you set up service using your PCS Phone, the network automatically communicates the ESN to us. You’ll only need this number when you’re setting up service online at activate.sprintpcs.com or calling us from a phone other than your new PCS Phone. The ESN, or Electronic Serial Number, is an 11digit number written on the barcode sticker attached to the device. To find it, remove the phone’s battery. ESN: After writing down the ESN, replace the battery and turn on your phone by pressing the Power button. vi • Dial * from your PCS Phone or log into www.sprintpcs.com to find out how many minutes or how much data (if applicable) you have currently used within your service plan. If you have exceeded your minutes or data in your plan or you have a past due balance you should make a payment to keep your service turned on. There are two easy payment options: • Make a payment at any Western Union location using the Swiftpay form. To find the nearest location, dial # from your PCS Phone. (Transaction fee applies; payment is credited to your account within 12 hours.) • Dial from your PCS Phone (posting time is 12 hours). Easy steps to follow to help keep you enjoying your new PCS Service How we will help you keep your service turned on: • In the event that your service has been turned off, you will receive a text message stating: “Your PCS service has been turned off. Tap to make a payment and turn service on.” You’ll use this number when managing your account on www.sprintpcs.com. Your default password is the last four digits of your Social Security number. *Services fees may apply vii • The first time your service has been turned off, you will be connected to a live PCS Clear Pay Program Specialist who will explain why your service has been turned off. You will be asked to pay your balance to get service turned on (payment will be credited and service turned back on within 12 hours). • For any additional times that your service has been turned off, you will be connected to our automated payment process. You will have to pay your balance to have your service turned back on (payment will be credited and service turned back on within 12 hours). Understanding Your PCS Service Plan PCS Free & Clear Plans With Vision Monthly Service Charge ......................................$_________ Anytime Minutes................................................._________ Unlimited Night & Weekend Minutes (Mon.–Thur. 9pm–7am, Fri. 9pm–Mon 7am) ....................Yes No Each additional voice minute (overage) .................________¢ Nationwide Long Distance Included ........................Yes No Unlimited PCS VisionSM .............................................Yes No Options (monthly charges) Unlimited Night & Weekend Minutes (if not included with plan) ...............................$_________ Unlimited PCS to PCS CallingSM ........................$_________ PCS Voice CommandSM .....................................$_________ PCS Business ConnectionSM ..............................$_________ PCS Add-a-PhoneSM...........................................$_________ Off-Network Minutes ........................................$_________ PCS Equipment Replacement ..........................$_________ Roadside Rescue...............................................$_________ Other.................................................................$_________ viii ix PCS Free & Clear Plans Monthly Service Charge ......................................$_________ Anytime Minutes................................................._________ Unlimited Night & Weekend Minutes (Mon.–Thur. 9pm–7am, Fri. 9pm–Mon 7am) ....................Yes No Each additional voice minute (overage) .................________¢ Nationwide Long Distance Included ........................Yes No Your new PCS Phone Number and User Name PCS Phone Number Options (monthly charges) Unlimited Night & Weekend Minutes (if not included with plan) ...............................$_________ Unlimited PCS to PCS CallingSM ........................$_________ PCS Voice CommandSM .....................................$_________ PCS Business ConnectionSM ..............................$_________ PCS Add-a-PhoneSM...........................................$_________ Off-Network Minutes ........................................$_________ PCS Equipment Replacement ..........................$_________ Roadside Rescue...............................................$_________ Other.................................................................$_________ PCS User Name Your user name is automatically assigned to you. Your user name, which resembles an e-mail address (for example, name@sprintpcs.com), is used with PCS email and 2-way messaging services. xi Understanding Your PCS Invoice • Your first invoice will arrive within a few days. • Your first invoice will reflect the following charges: Your first full month of service, which is your monthly recurring charge of $______ Additional charges such as taxes, roaming, voice or data overage, or premium data services Charges for additional options you opt to subscribe to: $______ Your one-time non-refundable activation fee of $______ • Approximate total of first invoice $______ Quick, easy options to manage your account With PCS Customer Service Solutions, you can visit www.sprintpcs.com or use your PCS Phone to access Claire, your virtual service representative. She’ll guide you to the information you need. xii Once you log on, you can: • View the details of your PCS Service plan • Find out how many minutes you have used and how many minutes are remaining in your plan • View your current and previous three months invoices, including the call detail • Click on “Claire’s Directory For Service Solutions” to: • Make a payment • Find out about PCS Products and Services • Learn how to set up your voicemail and more. Tap * on your PCS Phone and Claire will respond with the following: Visit www.sprintpcs.com • A summary of your rate plan • Minutes remaining in your plan for the current invoice cycle • Information about your most recent invoice • When your last payment was received • The option to make a payment *Services fees may apply Welcome and thanks for choosing Sprint. xiii Basics of Your PCS Phone 3. Touch screen: Displays phone status icons, menus, functions, Your New PCS Phone etc. Enter phone numbers or characters, as well as select icons. 4. Speaker Phone button: Toggles speaker phone ON / OFF. 5. End button: Hangs up the phone. When pressed while receiving 15 16 14 13 a phone call, it will stop the ringer or the vibration. Pressing and holding turns the phone on and off. 6. Keyboard: QWERTY key-arrangement keyboard. 12 7. USB function port: Connects with USB Mini-B cable. 8. Cradle connector: Connects to the cradle. 9. AC adapter jack: Connects with AC adapter plugs. 10. Microphone: Speak into this microphone. 11 10 11. Talk button: Lets you place a call, receive a call, answer call waiting, and use three-way calling. Press to display the dialer screen. 12. LED for Phone Power: Flashes green when the phone is on. 13. Camera: Rotational VGA Camera. 14. Receiver: Lets you hear the caller’s voice. 1. Antenna: Fixed style antenna. 2. Stylus: For use in selecting menus on the touch screen or entering data. Section 1 Your New PCS Phone 15. LED for reminder/ringer: Flashes orange when receiving a phone call or when the alarm is ringing. 16. LED for charging: Illuminates amber when charging begins and changes to green when charging is complete. Section 1 Your New PCS Phone 20. Jog wheel: Scrolls the cursor up/down as it is turned and executes the selected item when pushed. 21. Voice button: Activates the voice dial and voice memo functions. 18 17 19 24 25 22. Environment switch: Use to change the volume and type of ringer tones. 23. Key Guard switch: Deactivates the keyboard, buttons, and 26 20 21 22 switches and also turns off the screen. 24. IrDA port: Performs infrared communication with other devices. 25. Power button: Press to turn the device on and off. Press and 23 32 27 31 30 hold to turn the phone on and off. 26. Speaker: Emits music and the ring tone. When the Speaker phone function is switched on, it emits the caller’s voice. 27. Reset button: Press to reset your PCS Phone. 28 28. Full Reset switch: Sliding the switch downwards results in the loss of data and all installed software stored in RAM. 29 29. Battery cover knob: This functions as the battery cover release button. 17. Volume button: Adjusts the volume. 30. Battery cover 18. Headset jack: Provides connection for an optional headset. 31. Main Battery: Removable Lithium Ion battery. 19. SD card slot: Compatible with SD cards, and Multi Media 32. Cradle attachment hole: When mounting the device on the Card. Section 1 Your New PCS Phone cradle, insert the knob of the cradle here. Section 1 Your New PCS Phone Turning Your Device On and Off Turning Your Device On and Off Pressing the Power button turns the device on and off. Power button Set up Your Device • After turning on the power for the first time, the Welcome Wizard Screen will be displayed. • Perform the initial setup following the directions on the screen. • After Setup is finished, the Complete Screen displayed. When the screen is tapped, if your device has not yet been activated, the Activation Wizard will automatically start when you turn the phone on. • Following the Activation Wizard, enter your activation code, phone number and the MSID assigned to you by your Customer Solution Representative. • In the last screen of the Activation Wizard, tap the Finish button to close Activation. The Today Screen displays. Please reference “Section 5. Before Making Calls” for further information required before making a call. Turning the Phone On and Off Pressing and holding the Power button or End Button turns the phone on and off. When the phone is on, the LED for Phone Power will blink . Section 2 Turning Your Device On and Off Section 3 Set up Your Device Using the Battery and Charger 3. Hold the battery with the label surface faced upward, and then install the battery so that the grooves at both sides mate. This device uses two types of batteries; one is the main battery (Lithium Ion battery) and the other is the backup battery that holds data when the main battery is replaced. The backup battery, which has been built in the device, is automatically charged through the main battery or the AC adapter. The main battery will be referred to below as just the battery. 4. Using the stylus, shift the Full Reset switch upward to unlock it. Installing the Battery 1. While holding down the battery cover (A), slide it forward while The switch is locked before the device is shipped. pressing the release button (B). Full Reset switch Release 2. Slide the battery cover until the cover comes out of the guides, and then lift and remove the cover. Section 4 Using the Battery and Charger 5. Replace the battery cover on the device. Section 4 Using the Battery and Charger Charging the Battery Fully charge the battery. The battery is fully charged when the LED for charging turns green. There are two methods of charging the battery: • Connect the supplied AC adapter and the USB cradle as displayed in the illustration and insert the device into the cradle. During charging, the LED will illuminate amber (charge time is approximately 3 hours). After charging is complete, the LED will illuminate green. Note: If the temperature of the surrounding environment of the device is too high the LED for charging will illuminate red and charging will temporarily halt. LED for charging Note: When the battery runs low, use the AC adapter to recharge. • Connect the supplied AC adapter directly to the device as displayed in the illustration. When not in use for long periods of time, recharge occasionally or back-up the data onto a memory card. When not using the device for long periods of time, the battery will slowly be consumed while retaining the data. This eventually leads to data loss. See the Online User’s Guide for data retention time. Note: If the device is used as it is just after purchase or after the device is left without being charged for an extended period of time, the remaining battery power may not been correctly indicated. Before using the device, be sure to charge the battery until the LED for charging turns green. Section 4 10 Using the Battery and Charger Section 4 Using the Battery and Charger 11 3. Slide the battery cover until the cover comes out of the guides, Removing the Battery Follow these easy steps, to remove the battery: and then lift and remove the cover. 1. Confirm that the following backup battery power warning has not been displayed on the Power screen under Settings. If the warning has been displayed, charge the backup battery until it disappears. 4. Hold the battery on both sides and pull it up and out. Note: Leaving the battery out for longer than 5 minutes could result in the loss of data. 2. While holding down the battery cover (A), slide it forward while pressing the release button (B). Section 4 12 Using the Battery and Charger Section 4 Using the Battery and Charger 13 Before Making Calls • To receive calls to your device you must turn on the phone. Press and hold the Power button to turn the phone on. • Pressing the Talk button will launch the dialer enabling phone calls to be made. • The dialer screen displays as below. Making and Answering Calls Making Calls 1. Make sure the phone is on. See page 6 for details. 2. If the dialer screen is not displayed, activate the dialer screen by pressing on the device. 3. Enter a phone number. If you make a mistake while dialing, Backspace button tap to erase one digit at a time. Or, tap entire number. Talk button 4. Tap Shortcut “Speed Dial” 5. When you’re finished, tap Keypad to erase the Shortcut “Call Log” Answering calls End button 1. Make sure the phone is on (see page 6). If it is off, incoming Edit menu calls go to voicemail. Tools menu Shortcut “Contacts” Status Icon Display Column Shortcut “Memo” 2. When your device rings or vibrates, answer the call by tapping or pressing When the dialer screen is displayed, the the device perform the same functions as the buttons on the screen. Section 5 14 Before Making Calls buttons on 3. To end the call, tap on the device. Section 6 Making and Answering Calls 15 Signal Strength If you’re inside a building, being near a window may give you better reception. You can see the strength of your signal by the signal indicator ( ) on your device’s display screen. The number of bars will increase as the signal becomes stronger. When there are no bars displayed, there is no signal. The phone is out of its service area. Controlling Your Roaming Experience You can make and receive calls while on the Sprint Nationwide PCS Network and you can also roam on other PCS CDMA networks where we’ve implemented roaming agreements with other carriers. To learn more about roaming, visit www.sprintpcs.com. Your device has several features that let you control your roaming experience. Setting Your Device’s Roam Mode 1. From the dialer screen, tap Options on the Tools menu to display the Phone setting screen. 2. Tap Roaming tab. 3. Check Automatic. Call Guard In addition to the roaming icon, Call Guard alerts you when roaming charges apply. This feature makes it easy to manage your roaming charges by reminding you when you make or receive roaming calls. It also requires you to take additional steps before placing or answering a roaming call. These additional steps are not required when you make or receive calls while on the Sprint Nationwide PCS Network. Section 6 16 Making and Answering Calls Section 7 Controlling Your Roaming Experience 17 To Turn Call Guard On 1. From the dialer screen, tap Options on the Tools menu to display the Phone setting screen. 2. Tap Roaming tab. 3. Check Display message at Roaming Area begin call state. Feature Availability You can make and receive calls while roaming. You will have access to voicemail while roaming. Some features which are standard on the Sprint Nationwide PCS Network, such as Call Waiting, PCS Voice Command and PCS Vision are unavailable while roaming. Internal Phone Book You can use Microsoft® Pocket Outlook® “Contacts” to save telephone numbers. Saving Phone Numbers 1. From the dialer screen, tap (“Contacts” icon) to open Contacts. You can also open Contacts by tapping Contacts. , then tap “Contacts” icon 2. Tap New to create a new contact. Section 7 18 Controlling Your Roaming Experience Section 8 Internal Phone Book 19 3. Using the Input Panel, enter a name, and other contact information, You will need to scroll down to see all available fields. The following kinds of telephone numbers can be entered; Work tel (display label “w” in dialer) Mobile tel (display label “m” in dialer) Home tel (display label “h” in dialer) Car tel (display label “car” in dialer) Work2 tel (display label “w2” in dialer) Home2 tel (display label “h2” in dialer) Finding Phone Numbers There are four ways to find a contact from the contact list. Enter a contact name in the box under the navigation bar. To view all contacts, clear text from the box or tap the button to the right of the box. Tap the category list (labeled All Contacts by default) and select the type of contact you want displayed. To view unassigned contacts, select No Categories. Select All Contacts to view the entire contacts list. To view contacts by their company names, tap View then By Company. The number of contacts working for that company will be displayed to the right of the company name. Tap , Find, then enter the contact name, select Contacts for the type, then tap Go. 4. When finished, tap OK to return to the contact list. Section 8 20 Internal Phone Book Section 8 Internal Phone Book 21 Making a Call From Your Internal Phone Book 1. Open contacts. 2. Tap and hold a contact. 3. On the pop-up menu, tap Call and the type of phone number displayed, such as “Work Tel”. Changing Your Device’s Settings Adjusting the Ringer, Key Beep 1. From the dialer screen, tap Options on the Tools menu to display the Phone setting screen. 2. To determine how to be notified of a new call, from the Ring Type list, select new type. For example, select Vibrate to not hear a ring. 3. If you select a ring type that will cause your phone to ring from the Ring Tone list, select a sound. 4. To change a keypad sound, select new type from Keypad list. Section 8 22 Internal Phone Book Section 9 Changing Your Device’s Settings 23 Adjusting the Phone Volume You can tap the icon or press the Volume button on the side bar of your device upward or downward to adjust the volume of the device. (It will affect the ringer, notification alarm, and music sound.) Sending and Receiving Messages Setting Up Voicemail 1. Make sure the phone is on. See page 6 for details. 2. From the dialer screen, tap and hold for two seconds. 3. Follow the system prompts to create your pass code and record your greeting. Retrieving Voicemail Messages 1. Make sure the phone is on. See page 6 for details. 2. From the dialer screen, tap and hold for two seconds. Accessing Voicemail From Another Phone 2. Tap Adjusting Receiver Volume During a Conversation During the call , you can tap the icon or press the Volume button on the side bar of your device upward or downward to adjust the conversation phone volume. 1. Dial your PCS Phone Number. when voicemail answers. 3. Enter your pass code. Displaying Numeric Pages 1. Tap , Inbox to show. 2. Tap Inbox to select the SMS service and folder. 3. Select SMS, Inbox folder. 4. Tap the message to view numeric pages. Section 9 24 Changing Your Device’s Settings Section 10 Sending and Receiving Messages 25 PCS Service Features Call Waiting To respond to an incoming call while you’re on a call Tap 1. Enter a number you wish to call and tap This step puts the first caller on hold and answers the second call. To switch back to the first caller Tap again. Lets you forward your calls to another number. You can still make calls from your phone while this is activated. There is a per call charge for this service. 2. Enter the area code and phone number to which your calls 3. Enter the second number you wish to call and tap 4. When you’re connected to the second party, tap once If one of the people you called hangs up during your call, you and the remaining caller stay connected. If you initiated the call and are the first to hang up, all three callers are disconnected. PCS Voice Command Get started by setting up your Personal Address Book 1. Tap should be forwarded. 3. Tap . You will hear a tone confirming the activation of Call Forwarding. . The first time you use it, you will hear a tutorial before moving on to the next step. 2. You’ll hear a tone followed by the prompt “Ready.” Say “Add Name” to begin setting up your Personal Address Book. To deactivate 2. Tap 2. Once you have established the connection, tap With PCS Voice Command,, you can call a number just by saying a name. To activate 1. Tap more to begin your three-way call. Call Forwarding 1. Tap With Three-Way Calling, you can talk to two people at the same time. When using this feature, the normal airtime rates will be charged for each of the two calls. Three-Way Calling . You will hear a tone confirming the deactivation. Section 11 26 PCS Service Features Section 11 PCS Service Features 27 1. Tap Making a call with PCS Voice Command 2. You’ll hear a tone followed by the prompt “Ready.” 3. After the prompt, say “Call” and the name of the person or the number you want called. PCS Vision PCS Vision To sign up for PCS Vision services or access complete instructions, visit www.sprintpcs.com/manage where you may view the complete phone user’s guide or take a tutorial. 4. Your request will be repeated and you will be asked to verify. Say “Yes” to call the number or person. Say “No” to cancel. Getting Started with PCS Vision 1. Tap 1. Tap 2. Enter the URL of the Web site you want to see in the address bar. Accessing information using PCS Voice Command 2. Say “Call the Web.” 3. Choose from a listing of information categories like e-mail, news, weather, sports and more. , then Internet Explorer. Then tap on the right of the address bar. Note: If the address bar is not displayed tap View, then Address Bar. 3. The requested Web page displays. Tip: The Connecting Bubble window displays while you are attempting to connect to the Internet. is displayed in the navigation bar while connected to the Internet. 4. To disconnect from the Internet tap on the navigation bar. The Connecting Bubble window displays, tap End. Section 11 28 PCS Service Features Section 12 PCS Vision 29 Your Phone’s PCS Vision Capabilities The following information will help you understand your phone’s exciting PCS Vision capabilities. To learn how to use all the advanced features of your phone, visit www.sprintpcs.com and sign in. You’ll be able to download your phone’s complete user guide. Accessing PCS Vision Features User Name Your user name is automatically assigned to you. Your user name, which resembles an email address (for example, name@sprintpcs.com), is used with PCS Email and 2-way messaging services. PCS Vision Feature Availability When your phone is PCS Vision enabled, your user name will automatically appear on your phone’s display screen. (This process is automatic and does not require any action on your part.) From the dialer screen, tap Options on the Tools menu, then tap phone Info tab, to find your user name. Once your phone is activated, you are signed in and ready to connect to PCS Vision services at any time. You will only be charged for services when you use them. Your Device’s Special Features Messaging Send and receive e-mail and instant messages or chat with friends. PCS Business ConnectionSM Access your Microsoft® Outlook® or Lotus Notes® company e-mail with and without attachments, calendar, business directory and personal contacts in real time. Web Experience full color graphic versions of your favorite Internet sites. Picture MailSM Take digital pictures with a built-in camera and send them to computers or other Visionenabled PCS Phones. Voice As always, make crystal-clear calls to anywhere from anywhere on our nationwide PCS network. PCS Vision Billing Information See your service plan for details on PCS Vision billing. Section 13 30 Your Phone’s PCS Vision Capabilities Section 14 Your Device’s Special Features 31 Built-in Rotating Camera The camera can rotate 180 degrees to face both forward and backward. It can also take images up to VGA quality. Includes options for picture quality, resolution, brightness, white balance and zoom ratio. Built-in Keyboard QWERTY keyboard for easier, faster text input. Enjoy a comfortable messaging experience with the built-in keyboard. Accessories for Your Device Standard Battery This lithium-ion battery is the same as the battery that came with your PCS Phone. Use this battery as a back-up. USB Cradle This USB cradle is the same as the cradle that came with your PCS Phone. Syncs your device to your PC computer when placed in the cradle and connected to a USB port. AC Adapter This AC adapter is the same as the AC adapter that came with your PCS Phone. Plugs directly into your device and any power outlet to recharge your battery. Can be use with cradle. How to Order Purchase at your local Sprint Store. Or call the PCS Accessory Hotline (1-800-974-2221) or visit www.sprintpcs.com. Next day delivery is offered in select areas. Section 14 32 Your Device’s Special Features Section 15 Accessories for Your Device 33 Performance and Safety Important Information About Your Device and Service Keeping Tabs on Signal Strength The quality of each call you make or receive depends on the signal strength in your area. Your device informs you of the current signal strength by displaying a number of bars next to the signal strength icon. The more bars displayed, the stronger the signal. If you’re inside a building, being near a window may give you better reception. Understanding the Power Save Feature If your phone is unable to find a signal after 15 minutes of searching, a Power Save feature is automatically activated. If your phone is active, it periodically rechecks service availability or you can check it yourself by pressing any key. When a signal is found, your phone returns to Standby mode. Understanding How Your Phone Operates Your phone is basically a radio transmitter and receiver. When it’s turned on, it receives and transmits radio frequency (RF) signals. When you use your phone, the system handling your call controls the power level. This power can range from 0.006 watts to 0.341 watts in digital mode. Knowing Radio Frequency Safety The design of your device complies with updated NCRP standards described below. To further limit RF exposure, you can limit the duration of your calls and operate your device in the most power-efficient manner. In 1991-92, the Institute of Electrical and Electronics Engineers (IEEE) and the American National Standards Institute (ANSI) joined in updating ANSI’s 1982 standard for safety levels with respect to human exposure to RF signals. More than 120 scientists, engineers and physicians from universities, government health agencies and industries developed this updated standard after reviewing the available body of research. In 1993, the Federal Communications Commission (FCC) adopted this updated standard in a regulation. In August 1996, the FCC adopted hybrid standard consisting of the existing ANSI/IEEE standard and the guidelines published by the National Council of Radiation Protections and Measurements (NCRP). Section 16 34 Performance and Safety Maintaining Your Phone’s Peak Performance There are several simple guidelines to operating your phone properly and maintaining safe, satisfactory service. Hold the phone over your shoulder when in use. Try not to hold, bend or twist the phone’s antenna. Don’t use the phone if the antenna is damaged. Speak directly into the microphone. Avoid exposing your device and accessories to rain or liquid spills. If your device does get wet, immediately turn the power off and remove the battery. If it’s inoperable, return it to a Sprint Store or call PCS Customer Service Solutions for service. Note: For the best care of your device, only Sprint Authorized Personnel should service your device and accessories. Faulty service may void the warranty. Maintaining Safe Use of and Access to Your Device FAILURE TO FOLLOW THE INSTRUCTIONS OUTLINED MAY LEAD TO SERIOUS PERSONAL INJURY AND POSSIBLE PROPERTY DAMAGE. Using Your Device While Driving Talking on your phone while driving (or operating the phone without a hands-free device) is prohibited in some jurisdictions. Laws vary as to specific restrictions. Remember that safety always comes first. When using your device in the car: Get to know your device and its features, such as speed dial and redial. When available, use a hands-free device. Position your device within easy reach. Let the person you are speaking to know you are driving; if necessary, suspend the call in heavy traffic or hazardous weather conditions. Do not take notes or look up phone numbers while driving. Section 16 Performance and Safety 35 Dial sensibly and assess the traffic; if possible, place calls when stationary or before pulling into traffic. Do not engage in stressful or emotional conversations that may divert your attention from the road. Dial 911 to report serious emergencies. It’s free from your wireless phone. Use your phone to help others in emergencies. Call roadside assistance or a special non-emergency wireless number when necessary. Tip: Purchase an optional Hands-Free Car Kit. Following Safety Guidelines To operate your device safely and efficiently, always follow any special regulations in a given area. Turn your device off in areas where use is forbidden or when it may cause interference or danger. Using Your Device Near Other Electronic Devices Most modern electronic equipment is shielded from radiofrequency (RF) signals. However, RF signals from wireless phones may affect inadequately shielded electronic equipment. RF signals may affect improperly installed or inadequately shielded electronic operating systems and/or entertainment systems in motor vehicles. Check with the manufacturer or their representative to determine if these systems are adequately shielded from external RF signals. Also check with the manufacturer regarding any equipment that has been added to your vehicle. Consult the manufacturer of any personal medical devices, such as pacemakers and hearing aids, to determine if they are adequately shielded from external RF signals. Note: Always turn off the device in health care facilities and request permission before using the device near medical equipment. Section 16 36 Performance and Safety Turning Off Your Phone Before Flying Turn off your phone before boarding any aircraft. To prevent possible interference with aircraft systems, the U.S. Federal Aviation Administration (FAA) regulations require you to have permission from a crew member to use your device as a phone while the plane is on the ground. To prevent any risk of interference, FCC regulations prohibit using your device as a phone while the plane is in the air. Turning Off Your Phone in Dangerous Areas To avoid interfering with blasting operations, turn your phone off when in a blasting area or in other areas with signs indicating two-way radios should be turned off. Construction crews often use remote-control RF devices to set off explosives. Turn your device off when you’re in any area that has a potentially explosive atmosphere. Although it’s rare, your device and accessories could generate sparks. Sparks can cause an explosion or fire, resulting in bodily injury or even death. These areas are often, but not always, clearly marked. They include: Fueling areas such as gas stations. Below deck on boats. Fuel or chemical transfer or storage facilities. Areas where the air contains chemicals or particles such as grain, dust or metal powders. Any other area where you would normally be advised to turn off your vehicle’s engine. Note: Never transport or store flammable gas, liquid or explosives in the compartment of your vehicle that contains your device or accessories. Restricting Children’s Access to Your Device Your device is not a toy. Do not allow children to play with it as they could hurt themselves and others, damage the device or make calls that increase your phone bill. Section 16 Performance and Safety 37 Caring for the Battery Protecting Your Battery The guidelines listed below help you get the most out of your battery’s performance. Use only specified batteries and desktop chargers. These chargers are designed to maximize battery life. Using other batteries or chargers voids your warranty and may cause damage. In order to avoid damage, charge the battery only in temperatures that range from 32º F to 95º F (0º C to 35º C). Don’t use the battery charger in direct sunlight or in high humidity areas, such as the bathroom. Never dispose of the battery by incineration. Keep the metal contacts on top of the battery clean. Don’t attempt to disassemble or short-circuit the battery. The battery may need recharging if it has not been used for a long period of time. It’s best to replace the battery when it no longer provides acceptable performance. It can be recharged hundreds of times before it needs replacing. Don’t store the battery in high temperature areas for long periods of time. Disposal of Lithium Ion (LiIon) Batteries For safe disposal options of your LiIon batteries, contact your nearest Sprint-authorized service center. Special Note: Be sure to dispose of your battery properly. In some areas, the disposal of batteries in household or business trash may be prohibited. Note: For safety, do not handle a damaged or leaking LiIon battery. Warning Section 16 38 Performance and Safety Should the device produce excessive heat, smoke, or strange odors, remove the battery (all data may be lost), unplug the AC adapter (if in use) and contact your nearest Sprint-authorized service center. Fire, electric shock or explosion may result. Should the device produce excessive heat, change color or shape, or change in any way after use, charging or storage, remove the battery (all data may be lost), remove the AC adapter (if in use) and contact your nearest Sprint-authorized service center. Fire, electric shock or explosion may result. Should any foreign material (metal objects, water or any other liquid) enter the device remove the battery (all data may be lost), remove the AC adapter (if in use) and contact your nearest Sprint-authorized service center. Fire or electric shock may result. Should you drop this device or break the case, remove the battery (all data may be lost), remove the AC adapter (if in use) and contact your nearest Sprint-authorized service center. Fire, electric shock or explosion may result. Do not modify this device. Fire or electric shock may result. Do not disassemble this device. Electric shock may result. Do not use any voltage that differs from the power voltage recommended. In addition, do not overload outlets. Fire or electric shock may result. Do not remove the electrical plug with wet hands. Electric shock may result. Do not damage or modify the electrical cord. Do not bend, pull or place heavy items on top of the electrical cord. Fire or electric shock may result. Do not use the electrical cord if the electrical plug is damaged or if it does not fit snugly into the outlet. Fire or electric shock may result from an electrical short. Do not touch the metal contacts of the AC adapter or connector. Electric shock may result. Section 16 Performance and Safety 39 Do not pour water on or allow this device to get damp. Fire or electric shock may result. Do not place a container filled with water or any liquid on or near this device, as the liquid may spill and enter the device. Fire or electric shock may result. Do not place this device in an area of high humidity or dust. Malfunction, fire or electric shock may result. Do not use the device in any area where it can get wet, such as in a bathroom or shower. Fire or electric shock may result. Do not place in fire or heat in any way. Fire or explosion may result. Do not heat this device in a microwave oven or on a hot plate. Fire or explosion may result. Do not use this device/phone in areas of restricted use, such as on aircraft. It could disrupt the normal operation of instruments and may cause an accident. Do not use this device near other devices that produce strong magnetic fields. Malfunction may result. Do not allow children to swallow any small parts that can be removed from this device. Store any small parts from this device out of the reach of children. Should a child swallow any of parts from this device, immediately consult a physician. Remove dust from the electrical plug prongs and the outlet area. Fire may result. Always unplug the AC adapter from the outlet if there is a thunderstorm warning or if there is a possibility of lightning striking nearby. Fire or malfunction may result. If charging does not complete after the specified charge time, stop charging and consult your nearest Sprint-authorized service center. Should you get any fluid from the battery in your eyes, DO NOT rub them. Immediately rinse with clean water and seek medical attention. Blindness may result. Section 16 40 Performance and Safety Should any fluid from the battery come in contact with skin or clothes, immediately rinse with clean water. Skin rash may result. Ensure that children do not place the plastic bags from the packaging over their heads or in their mouths. Suffocation may result. Caution Do not drop or place foreign objects in any opening of this device. Fire, electric shock or malfunction may result. Do not insert or connect wires or any other conductor to the terminals of this device. Fire, electric shock or malfunction may result. Do not place heavy objects on top of this device as the glass display or cover may break. Injury and malfunction may result. Do not place on any unsteady, unstable or slanted surface, as the device may drop. Injury and malfunction may result. Do not use or store for long periods of time near places of extreme such as inside of a car on a hot day, near fire or next to a stove. The device casing may become excessively hot, deformed or melt. The inside of the device may also become hot causing fire or malfunction. Do not wrap or cover a device in use or the AC adapter with a cloth. The inside of the device may also become hot causing fire or malfunction. Do not move the device too quickly or with exaggerated movements. The stylus may be dislodged from the device and injury or property damage may result. Do not place in an area of strong vibrations. Malfunction may result. If you feel any abnormalities on your skin, immediately stop use of this device and consult a dermatologist. Low temperature burns, itching or rash may occur with some users. Avoid rapid temperature changes. Condensation may occur resulting in malfunction. Do not use your fingernails to open any lids or operate any switches on this device. Injury to your fingertip may result. Section 16 Performance and Safety 41 Insure that the plug is snugly inserted into the outlet. Fire or malfunction may result. If charging the device in a room of too hot ambient temperatures, the LED for charging will illuminate red and charging will stop. Resume charging in an ambient temperature between 32º F–95º F (0º C–35º C). However if the red LED remains illuminated, remove the AC adapter, remove the battery (all data may be lost) and contact your nearest Sprintauthorized service center. Before moving this device while it is charging, always remove the AC adapter from the outlet. Damage to the cord, fire or electric shock may result. Always grip the electrical cord by its plug when pulling it out of an outlet. Pulling it out of an outlet by the cord can lead the inner wire to be exposed or broken. Fire or electric shock may result. When not using this device for long periods of time, always remove the electrical cord from the outlet for safety. Insulation wear, fire or electric shock may result. Also insure that all data is previously backed-up. When traveling abroad, never plug the AC adapter into a power source that does not correspond to both the voltage and the frequency specified on the rating plate of the AC adapter, as this device damage and fire will result. The supplied AC adapter cable is an AC 125 V type and should not be connected to a power source exceeding 125 volts. Fire may result. Connecting to a power source that exceeds 125 volts should only be done using a cable suitable for that voltage. Do not use AC adapters or electrical cords not specifically designed for this device. Do not modify or disassemble the AC adapter. Fire, malfunction or bodily injury may result. Do not press strongly on or hit the touch screen. Electrical shock or malfunction may result. Do not sit on the device when it is located in your back pocket. Damage to the device, malfunction or bodily injury may result. The tip of the stylus is sharp. Do not aim at people. Store it out of the reach of children. Misuing the stylus may result in injury. Section 16 42 Performance and Safety When using this device for an extended period of time take a break every hour for 10 to 15 minutes to rest your eyes and your hands. Do not operate this device while handling chemicals such as benzine. Discoloration, malfunction or deformation may result. Do not wipe the screen with a damp cloth. Water may enter the device and cause malfunction. Precautions for Use Memory contents of this device may change or be lost due to an error in operation or malfunction. Back-up all important data on the memory card. When backing-up data always connect the AC adapter. Reset the device if the device response times slows, which may be caused by a lack of memory. See the Online User’s Guide about resetting. Periodic resetting is recommend for stable use. Do not handle roughly or drop this device. Do not connect any components to this device other than those specified or recommended. Use only the specified batteries with this device. Bodily injury, device malfunction or fire may result from a battery rupture or leakage. Instructions for Daily Use Ensure that connectors of the cables are straight when they are inserted or removed from connectors on the device. Forcing the connectors may cause them to break. Do not use excessive force when inserting or removing the memory card. Do not insert any foreign objects into the opening of the card slot. Do not place heavy objects on the device. Do not push with excessive force on or around the touch screen. Lightly wipe dust from the touch screen using a dry, soft cloth. Section 16 Performance and Safety 43 The device and the AC adapter may become hot during use. This is normal. Always use the supplied AC adapter when charging the battery. Do not use objects other than your finger or the accompanying stylus to operate the touch screen. This may cause the touch screen surface to become scratched or ruptured and may result in bodily injury. Tap lightly when using the accompanying stylus. Using the touch screen without cleaning off dust can cause the surface to scratch. The softcase accompanying this device is meant for this device only. Do not place anything other than the device into the softcase. When disposing or surrendering this device, to prevent any possible leaks of your personal information delete all data and return the device to its defaults. See the Online User’s Guide for information on Initialization. Section 16 44 Performance and Safety Acknowledging Special Precautions and the FCC Notice FCC Notice This device may cause TV or radio interference if used in close proximity to receiving equipment. The FCC can require you to stop using the device if such interference cannot be eliminated. Vehicles using liquefied petroleum gas (propane or butane) must comply with the National Fire Protection Standard (NFPA-58). For a copy of this standard, contact the National Fire Protections Association, One Batterymarch Park, Quincy, MA 02269, Attn: Publication Sales Division. Cautions Any changes or modifications to your device not expressly approved by the party responsible for compliance could void your warranty for this equipment and void your authority to operate this equipment. Only use batteries, specified antennas and chargers. Although your device is quite, sturdy, it is a complex piece of equipment and can be broken. Avoid dropping, hitting, bending or sitting on it. Use only the supplied antenna. Unauthorized antennas, modifications, or attachments could impair call quality, damage the phone, or result in violation of FCC regulations. Do not use the phone with a damaged antenna. Please contact your local dealer for replacement antenna. Tests for SAR are conducted using standard operating positions specified by the FCC with the device transmitting at its highest certified power level in all tested frequency bands. Although the SAR is determined at the highest certified power level, the actual SAR level of the device while in operation can be well below the maximum value. This is because the device is designed to operate at multiple power levels so as to use only the power required to reach the network. In general, the closer you are to a wireless base station antenna, the lower the power output. FCC RF Exposure Information In order to comply with FCC RF exposure guidelines for body-worn operation, use only supplied accessories. Use of any other accessories may not comply with FCC RF exposure guidelines. Section 16 Performance and Safety 45 . Belt Worn Operation For belt worn operation use only the supplied softcase and belt clip. Use of this device without the supplied softcase and belt clip may not comply with FCC RF exposure guidelines. Lap Held Operation When using the device in the lap held position, the device must remain inside the supplied softcase with the front flip-cover wrapped and stowed along the back surface as illustrated below. This also applies to when the device is in speakerphone operation and is used in the lap held position. Use of this device in any other lap held configuration may violate FCC RF exposure guidelines. Device Softcase Front flip-cover Hand Held Operation For handheld operation the device is supplied with a thumb operated keyboard. For optimum performance both thumbs should be present on the keyboard at all times. Although the softcase is designed to allow operation in this mode, the softcase is not required in order to comply with RF Exposure guidelines in this position. Normal Phone Operation While the device is being used for normal phone operation the softcase is not required in order to comply with RF Exposure guidelines. Specific Absorption Rates (SAR) for Wireless Phones The SAR is a value that corresponds to the relative amount of RF energy absorbed in the head of a user of a wireless device. The SAR value of a phone is the result of an extensive testing, measuring and calculation process. It does not represent how much RF the phone emits. All phone models are tested at their highest value in strict laboratory settings. But when in operation, the SAR of a phone can be substantially less than the level reported to the FCC. This is because of a variety of factors including its proximity to a base station antenna, phone design and other factors. What is important to remember is that each phone meets strict federal guidelines. Variations in SARs do not represent variation in safety. All phones must meet the federal standard, which incorporates a substantial margin of safety. As stated above, variations in SAR values between different model phones do not mean variations in safety. SAR values at or below the federal standard of 1.6 W/kg are considered safe for use by the public. The highest reported SAR values of [ABLSH-G1000] are: PCS mode (Part 24) - Head: 1.44 W/kg; Body-worn: 1.17 W/kg FCC Radiofrequency Emission This phone meets the FCC Radiofrequency Emission Guidelines. FCC ID number: ABLSH-G1000. More information on the phone’s SAR can be found from the following FCC website: http://www.fcc.gov/oet/fccid For more information about RF exposure, visit the FCC Web site at www.fcc.gov. Section 16 46 Performance and Safety Section 16 Performance and Safety 47 FCC Part 15 Warning This device complies with part 15 of the FCC Rules. Operation is subject to the following two conditions: (1) This device may not cause harmful interference, and (2) this device must accept any interference received, including interference that may cause undesired operation. Note This equipment has been tested and found to comply with the limits for a Class B digital device, pursuant to part 15 of the FCC Rules. These limits are designed to provide reasonable protection against harmful interference in a residential installation. This equipment generates, uses and can radiate radio frequency energy and, if not installed and used in accordance with the instructions, may cause harmful interference to radio communications. However, there is no guarantee that interference will not occur in a particular installation. If this equipment does cause harmful interference to radio or television reception, which can be determined by turning the equipment off and on, the user is encouraged to try to correct the interference by one or more of the following measures: • Reorient or relocate the receiving antenna. • Increase the separation between the equipment and receiver. • Connect the equipment into an outlet on a circuit different from that to which the receiver is connected. • Consult the dealer or an experienced radio/TV technician for help. Caution to the user Changes or modifications not expressly approved by the Hitachi,Ltd. void the user’s authority to operate the equipment. Section 16 Performance and Safety Section 16 Performance and Safety Terms and Conditions & Warranty Information Terms and Conditions of Services Thanks for choosing Sprint. These terms and conditions are part of your agreement with Sprint for PCS Services. For the most current version of the terms and conditions, please visit our website at www.sprintpcs.com or call PCS Customer Service Solutions at 1-888-211-4PCS, because the terms and conditions included with your PCS Phone may not the most current version. If you activated PCS Services before the effective date of these terms and conditions, these terms and conditions replace and supersede any previous terms and conditions. If you have questions about your PCS Services, call PCS Customer Service Solutions at 1-888-211-4PCS (4727) or visit our Web site at www.sprintpcs.com. Agreement. Your agreement (“Agreement”) with Sprint Spectrum L.P. and any of its affiliates doing business as Sprint providing PCS Services (“Services”) to you is made up of these Terms and Conditions of Service (“Terms”) and the Service Plan that we agree to provide you. Your “Service Plan” is described in our marketing materials, and includes the rates and features we set for that Service Plan. We use the words “we,” “us,” “our” or “Sprint “ to refer to Sprint Spectrum L.P. and its affiliates doing business as Sprint in these Terms. When you activate PCS Services or attempt to use our PCS Services (including, without limitation, attempting to place a call on the Sprint Nationwide PCS Network, or off the Sprint Nationwide PCS Network when roaming, including “911” or similar calls), you accept the Agreement. Provision of Service. Your purchase of PCS Phone or other equipment does not mean that we must provide Services to you. We may decide not to provide Services to you for any lawful reason. We may request that you provide us with any information we reasonably require to determine whether you qualify for Services. Services in some areas are managed and provided Section 17 16 48 Performance 46 Terms and Conditions and Safety & Warranty Information under contract with Sprint by independent affiliates with access to the Sprint Nationwide PCS Network. Some Services may not be available or may operate differently in certain affiliate markets. Credit Verification. You must have and keep satisfactory credit to receive and continue to receive Services. We will verify your credit before agreeing to provide Services to you and we may verify your credit at any time while we provide Services to you. Credit verification may include a review of credit reports that we receive from commercially available credit bureaus. We may require a guarantee of payment by an individual or entity approved by us. If at any time we determine, in our sole discretion, that payment for Services may not be made when due, we may suspend Services to your phone and require that you provide payment on account or a guarantee of payment before we resume Services to your phone. Changes to Agreement. We may change this Agreement at any time (but see PCS Service Plan). Any changes to the Terms are effective when we publish the revised Terms. If you use our Services or make any payment to us on or after the effective date of the changes, you accept the changes. If you do not accept the changes, you may terminate Services (but see Termination and Changing PCS Service Plans). For purposes of the Agreement, “use” includes keeping the right to access the Sprint Nationwide PCS Network by not terminating Services. You may not modify the Agreement except for your PCS Service Plan (see Termination and Changing Service Plans). Service Plan. You may be eligible for a fixed length PCS Service Plan (“Term Service Plan”) or for a month-to-month Service Plan (“Non-Term Service Plan”). We determine the Service Plan for which you qualify. We may offer non-identical Service Plans to different individuals or entities. Services and coverage under some Service Plans may be more limited than available under other Service Plans. Your Service Plan sets out the charges for Services and is your Service Plan until that Service Plan is changed, you switch to a different Service Plan, or your Services terminate. Your Service Plan may require that you make a deposit, prepayment, or a series of deposits or prepayments, or be subject to an account spending limit, before Services are activated or maintained. Changing Service Plans. If you are on a Non-Term Service Plan, you may change to a different Service Plan for which you qualify. Any change is Section 17 Terms and Conditions & Warranty Information 49 effective at the start of your next full invoicing cycle unless otherwise specified by us at the time that you place your change order. If you change or add a different Service Plan or service feature and the change is effective prior to the start of your next full invoicing cycle, you will be invoiced a prorated amount. We may require a service charge for implementing any change directed by you as well as the Service Plan or optional service features you select. If you are on a Term Service Plan, your ability to change to another Service Plan may be limited and we may require you to pay a termination fee as set out in your Service Plan. Use of Services and Equipment; Availability. You must be at least 18 years old to subscribe to our Services. We may require you to provide proof of your age and identity. If you are under 18 years old you may be eligible for certain Services that have Account Spending Limits if a person 18 years or older is also named as a subscriber on the Account. Services and equipment may not be used for any unlawful, fraudulent or abusive purpose. By requesting Services, you agree that you will not use Services and equipment in any unlawful, fraudulent or abusive manner. You may not resell or lease Services or equipment to anyone. Services are available within the operating range of the Sprint Nationwide PCS Network. Coverage and quality of Services may be affected by conditions within or beyond our control, including atmospheric, geographic, or topographic conditions. We do not guarantee that there will be no interruptions or delays in Services. Your PCS Phone will not accept the services of any wireless provider other than Sprint (but see Roaming). Number. We assign a phone number (“Number”) to the phone or other equipment used by you on the Sprint Nationwide PCS Network. We may change the Number without compensation by giving you prior notice. You do not own the Number. You may not modify the Number we program into any phone or other equipment, transfer or duplicate the Number to any phone or other equipment other than that authorized by us, or transfer the Number to any other individual or entity. Phone Activation Fee. You may be required to pay a non-refundable phone activation fee when you activate a new Number, have us switch a Number to a different phone, have your current Number changed, we activate a different phone on your existing account or your Service Plan says Section 17 50 Terms and Conditions & Warranty Information so. Details on any applicable phone activation fee are set out in your Service Plan or can be obtained by calling PCS Customer Service Solutions. Charges. For most forms of wireless Service, your usage will be charged from the time you first initiate contact between your phone or other wireless device and the network until the network connection is broken, whether or not you are successful in connecting with the service with which you seek to connect, even if the connection is later broken or dropped. An exception is that you are not charged for voice calls that are not completed. You are charged for completed calls to your Number from the time shortly before the phone starts ringing until the call is terminated by either party. You will be charged peak rates for the entire duration of calls initiated during the peak time periods applicable to your Service. You will be charged off-peak rates for the entire duration of calls initiated during the off-peak time periods applicable to your Service. In addition to these usage charges, you may be charged for recurring monthly service charges, applicable local and longdistance toll charges, other usage charges, connection fees, roaming charges, directory assistance, call completion charges, account review and management charges optional features you select at an extra cost, and taxes and other regulatory-related charges. Charges for most Services are incurred in one-minute increments, with partial minutes of use rounded up to the next highest minute. You must pay, by each invoice due date, all charges for Services provided to the Number for each phone or other equipment that our records show you activated, no matter who actually uses or has possession of the phone or other equipment at the time Services are provided. PCS Vision (Third Generation) Wireless Charges. For PCS Vision wireless services, you will be charged, on a per kilobyte basis, for data used, whether sent or received by your PCS Phone or other wireless device, rather than for airtime used, even for certain third generation voice services. As long as your PCS Phone or other wireless device is connected to the enhanced (Third Generation) Sprint Nationwide PCS Network, you will be incurring data usage charges. You cannot receive incoming calls while using third generation services. Data packet usage will be measured in kilobytes and will be rounded up to the next whole kilobyte. Kilobyte usage will be rounded up to the next full cent. Rounding up will occur at the end of each separate session or each clock hour (at the top of each hour), if the session spans Section 17 Terms and Conditions & Warranty Information 51 more than 1 clock hour. When traveling on the Vision network, a session may be ended and new session initiated, although no interruption to the actual data session will occur. Each individual session will be rounded up. The number of data packets used and charged to you will vary widely, depending upon the specific PCS Vision wireless application or other service you use and the amount of data used in the specific application or service. You will be charged for data exchanges initiated by other Internet users as well as those you initiate. Estimates of data usage, for example, the size of downloadable files, will vary from what you actually use. You will be charged for additional data used in transporting and routing on the network. If you use a Premium Service (including services provided by third parties but for which you are billed on your PCS Invoice), you will be charged for data used in transport and routing in addition to the charge for the Premium Service. You will be charged for partial and interrupted data downloads or other use, including re-sent data, and for unsuccessful attempts to reach Web sites and use other applications and services, including those resulting from dropped network connections. Your invoice will not separately identify the number of kilobytes attributable to your use of specific sites, sessions or services used. Specific additional information about PCS Vision wireless services, including pricing, included kilobytes and combining with other PCS Service Plans, is available in our standard sales collateral for PCS Vision wireless Service Plans or at www.sprintpcs.com. Voice Command. PCS Voice Command is an optional service that allows you to place calls by using speech recognition technology. Calls to 911 or similar emergency numbers cannot be placed through the Voice Command feature. Airtime and applicable long distance charges for a call completed from your Number using the Voice Command feature begin when you press or activate the TALK or similar key(s) and end when your call is terminated by hitting the END key or by returning to the Voice Command platform. If you initiate and complete another call without leaving the Voice Command platform, a separate charge for that call will begin from the time the previous call was terminated. Airtime and applicable long distance charges will be applied to the entire length of a completed call initiated from Voice Command. Using Directory Assistance to input names into your Voice Command address book will incur additional charges. Details on charges for the Voice Command feature can be found in the marketing materials for this Section 17 52 Terms and Conditions & Warranty Information feature, by visiting www.sprintpcs.com or by calling PCS Customer Service Solutions. Invoicing. Invoicing cycles are approximately 30 days in length. Invoicing cycles and dates may change from time to time. Except as otherwise provided in your Service Plan, monthly recurring charges (MRCs) are invoiced one invoicing cycle in advance. Charges for Services are usually invoiced as soon as possible after the charges accrue. We may, however, invoice you for usage and charges occurring before the invoicing cycle being invoiced, if they were not previously invoiced. If you are invoiced for usage incurred during a prior invoicing cycle, those minutes will be applied to your Service Plan minutes for the current invoicing cycle. However, if you change your PCS Service Plan between the time the usage was incurred and the beginning of the current invoicing cycle, those minutes from the prior invoicing cycle will be charged at the rate per minute for usage over included minutes provided in the Service Plan in effect at the time the usage was incurred. Premium Services. Access to and downloading of premium content is not included with PCS Vision services. Certain PCS Vision services (e.g., Games, Ringers and Screen Savers) contain mostly premium content. Your invoice will not separately identify the number of kilobytes attributable to your use of specific sites, sessions or services used. You will be charged for Premium Services at the rates and charges specified at the time of access or download, in addition to data usage charges you will incur while connected to the Sprint Nationwide PCS Network. You will be charged for partial and interrupted data downloads or other use, including data that is resent, and for unsuccessful attempts to reach websites and use other applications and services, including those resulting from dropped network connections. We provide no warranties and makes no representations or claims with regard to the third party Premium Services. We may impose a dollar or other limit on use of Premium Services including a limit the amount of Premium Service charges that you will be allowed to incur in a specific timeframe (month, week, day, or other time period.). We may suspend your use of Premium Services without prior consent or notice if we have reason to suspect fraudulent or unauthorized use of your Premium Services account, but we make no assurances that we will suspend your account. Section 17 Terms and Conditions & Warranty Information 53 Payment. If you have authorized payment for Services or equipment by credit card or by debiting a bank account, no additional notice or consent is required before we invoice the credit card or debit the bank account for all amounts due to us or billed by us on behalf of a third party. You must promptly notify us of any change in your invoicing address or of the credit card or bank account used for payment. We reserve the right to require payment by money order, cashier’s check or other secured form of payment. If we take action to receive payment beyond invoicing you for charges for Services or equipment, you must pay our costs and expenses of collection, including attorneys’ fees and expenses, the fees of any collection agency and court costs. If we act as an invoicing agent for a third-party service provider, payments received are first applied to amounts due and owing to us and any remaining amounts are applied to sums due and owing to the third-party service provider. We may charge an additional fee for any check or other negotiable instrument endorsed by you and returned unpaid by a financial institution for any reason. You may be charged fees for certain methods of payment. Late Payment Charges. Payment is past due if we do not receive it by the due date shown on your invoice. Any payment for Services and equipment not made when due accrues late charges until paid at the rate of 5% per month or at the highest rate allowed by law. Acceptance of late or partial payments (even if marked “paid in full”) does not waive our right to collect all amounts that you owe us. If your Service has been suspended due to nonpayment, you may be charged a reactivation fee. Disputed Charges. You must raise any dispute that you have about any charges invoiced to you within 15 days of the date of the invoice or you have accepted the invoice. You may notify us of any dispute by notifying PCS Customer Service Solutions. Calls to our sales or general business offices are not notice of a dispute. If disputed invoice procedures are described on the invoice, you must follow them. Termination. Non-Term Service Plan. If you are on a Non-Term Service Plan you may terminate Services at any time by giving us notice. Subject to the terms of this Agreement, we may terminate Services at any time, with or without notice. If your Service has been suspended due to nonpayment, you may be charged a reactivation fee. We may deactivate any Section 17 54 Terms and Conditions & Warranty Information Number before you receive notice of termination without liability to you. Termination by either of us may be with or without cause. Termination. Term Service Plan. If you are on a Term Service Plan (1) your ability to terminate Services before the end of the term is limited, (2) your ability to change to another Service Plan before the end of the term may be limited, and may result in a termination or activation fee, (3) you may be required to pay a termination fee, (4) we may not terminate Services without cause before the end of the term and (5) if we terminate Services for cause before the end of the term, you may be required to pay a termination fee. No termination fee is charged if you terminate a Term Service Plan within 14 days of activation of your PCS Phone. During the term we must give each other notice to terminate Services. At and after the expiration of the term, you may terminate Services at any time by giving us notice and we may subject, to this Agreement, terminate Services at any time, with or without notice. Termination. General. Regardless of whether you have a Non-Term or a Term Service Plan, we may terminate or suspend Services to you without liability (1) if you breach any provision of this Agreement (including if you fail to pay any charges for Services), or (2) if you fail to pay any charges due us for equipment or otherwise. If you promptly cure the breach, we may, but are not obligated to, reactivate Services to you. You must pay all charges for (a) Services provided before termination of a Number, (b) equipment, regardless of who terminates Services and (c) a reactivation fee, if we agree to reactivate Services to you. If Services are terminated before the end of your current invoicing cycle (i) the monthly recurring charge is not prorated to the date of termination, and (ii) you will not receive a credit or refund for any unused minutes in your Service Plan. Account Spending Limit. If we agree to provide Services to you on an Account Spending Limit basis, we will tell you your Account Spending Limit before we start Services to your Number, or as reasonably practicable after the limit is imposed. If we require a deposit for you to establish or keep Services on an Account Spending Limit basis, we will hold the deposit as partial guarantee of payment for Services (see Deposits). Charges for Services accrue against your Account Spending Limit as they are incurred. We may charge an initial ASL start up fee. We may charge a monthly ASL service fee, in addition to your recurring monthly service charge. We may suspend Services Section 17 Terms and Conditions & Warranty Information 55 to your Number without prior notice to you when your account balance reaches your Account Spending Limit. Services are restored when you have paid any past due balance and pay a specified minimum amount to reduce your account balance below your Account Spending Limit. We may change this minimum amount at any time upon notice to you. You may pay any past due balance and the minimum amount by any method authorized by Sprint. Contact PCS Customer Service Solutions for information about authorized methods of making these payments. We may charge you a fee for calls that involve our live customer care services. If we provide Services to you on an Account Spending Limit basis, Services and coverage may be limited in certain ways. You must pay all charges for Services even if they exceed the amount of your Account Spending Limit. Clear Pay. If we agree to provide Services to you as a Clear Pay customer, we may suspend Services to your Number without prior notice to you immediately when your bill becomes past due. Even if your bill is not past due, we may suspend services if your unpaid usage exceeds $125 or another amount to be determined by your past credit or usage history. If we require a deposit for you to establish or keep Services as a Clear Pay customer, we will hold the deposit as partial guarantee of payment for Services (see Deposits, below). Contact PCS Customer Service Solutions for information about authorized methods of making these payments. We may charge you a fee for calls that involve our live customer care services. If we provide Services to you on as a Clear Pay basis, Services and coverage may be limited in certain ways. You must pay all charges for Services whether or not your Services are suspended or terminated. Deposits. If we require a deposit for you to establish or keep Services, we will hold the deposit as partial guarantee of payment for Services. We may change the deposit amount at any time to reflect revised estimated monthly charges based upon your usage. A deposit may not be used to pay any invoice (unless it is used to pay a final invoice) or delay payment. The deposit amount, the length of time we hold the deposit and changes to the deposit amount are determined based on your credit and payment history. The rate of interest, if any, on the deposit is subject to change. We may mix deposits with our other funds. If Services are terminated for any reason, we may, without notice to you, apply your deposit toward payment of outstanding Section 17 56 Terms and Conditions & Warranty Information charges and return any excess to you at your last known address within 75 days after termination of Services. If the U.S. Postal Service cannot deliver the money to you and returns it to us, we will hold it for you for one year from the date of return and, during that period, we may charge a servicing fee against the deposit balance. Any money held during this one-year period will not accrue interest for your benefit. You forfeit any portion of the money left after the one-year period. Wireless Web and Voice Portal Services. Wireless Web Services are part of the Services that can be obtained through Sprint. Wireless Web Services may not be immediately available in some PCS affiliate markets. Use of Wireless Web Services requires a wireless Internet-ready PCS Phone or certain other equipment (or both) and is subject to any memory, storage or other limitation in the phone or other equipment. The Caller ID blocking feature is not available when using Wireless Web Services. For data calls (including Wireless Web and Voice Portal calls) that are attempted, but not completed, you are charged for the time during which the network attempts to connect the call. You are charged for time spent connected to the Wireless Web or Voice Portal, including time spent browsing on the Internet or Voice Portal and reviewing or scrolling through Internet information on-line while still connected to the Sprint Nationwide PCS Network. Not all Internet sites can be accessed and you may receive an error message if you attempt to access a site that cannot be accessed through Wireless Web Services. You are also charged for Wireless Web connections to review your PCS account information. Wireless Web Services and Voice Portal data calls may not be available when you are roaming off the Sprint Nationwide PCS Network. Wireless Web Services are not available to you if you are on a PCS Prepaid Service Plan. If you receive Services on an Account Spending Limit basis, you may be limited in the Wireless Web and Voice Portal Services available to you. Call PCS Customer Service Solutions or visit our website at www.sprintpcs.com for availability and equipment compatibility information. Specific additional information about Wireless Web Services and Voice Portal Services, including pricing, included minutes and combining with other Service Plans, is available in our standard sales collateral for PCS Wireless Web Services and Voice Portal Services or at www.sprintpcs.com. Sprint is not a publisher of third party content that can be accessed through Wireless Web Services or Voice Portal Services. Sprint is Section 17 Terms and Conditions & Warranty Information 57 not responsible for any opinions, advice, statements, services or other information provided by third parties and accessible through Wireless Web Services Voice Portal Services. Neither Sprint nor its vendors or licensors guarantees the accuracy, completeness or usefulness of information that is obtained through the Wireless Web Services or Voice Portal Services. You are responsible for evaluating such content. Other Terms Applicable to PCS Vision Wireless Usage. Use of PCS Vision wireless services requires the purchase of separate third generation wireless compatible phone or other device and is subject to any software, memory, storage or other limitation in the phone or other equipment. Not all applications and services work, or work the same, on all third generation wireless phones and devices. Check the materials accompanying your phone or device to determine which applications and services it will support. PCS Vision wireless services are not available when roaming off the Sprint Nationwide PCS Network. PCS Vision wireless services may not be currently available in some affiliate areas. Sprint is not responsible for any opinions, advice, statements, services applications or other information provided by third parties and accessible through PCS Vision wireless services. Neither Sprint nor its vendors or licensors guarantees the accuracy, completeness or usefulness of information that is obtained through the PCS Vision wireless services. You are responsible for evaluating such content. Use of certain PCS Vision wireless services, including some messaging services, may result in the disclosure to others of your email address and other information about you in connection with your internet usage. Your accessing of, or use of, third party sites or services accessible PCS Vision wireless services may require the disclosure of information about you, subject to the policies of those sites and services. You consent to receiving advertising, warnings, alerts and other messages, including broadcast messages. Your access to PCS Vision wireless services is controlled by a password. Taxes and Other Regulatory-Related Charges. We invoice you for taxes, fees and other charges levied by federal, state or local authorities, or foreign government on Services. We also assess charges associated with Section 17 58 Terms and Conditions & Warranty Information regulatory mandates and obligations, such as Universal Service and Enhanced 911 service. If you claim any tax exemption, you must provide us with a valid tax-exempt document. Any tax exemption applies only from the date we receive a valid tax-exempt document. Roaming. Calls made outside of your Home Service Area and off of the Sprint Nationwide PCS Network are “roaming” calls. Your PCS Phone is specifically designed and engineered to work only on the Sprint Nationwide PCS Network. It works on another CDMA PCS provider’s system only when a roaming agreement is in place between Sprint and the other providers. If your PCS Phone is a dual-mode phone, it works on both a CDMA PCS provider’s system (in addition to the Sprint Nationwide PCS Network) and a wireless analog telecommunications provider’s system only when roaming agreements are in place between Sprint and the other providers. If we do not have a roaming agreement in place, you may be able to place roaming calls “manually” by using a valid credit card. If there is a gap or other interruption of coverage within a PCS coverage area that prevents connection with the Sprint Nationwide PCS Network and your dual-band phone is set to roam automatically when outside PCS coverage, you may incur roaming fees within a PCS coverage area. Certain features are not available when roaming. Roaming rates may be different from and higher than the rates you pay for calls within your Sprint PCS Local Service Area and on the Sprint Nationwide PCS Network. When roaming, you are subject to the limitation of liability provisions and other applicable rules imposed by the roaming service provider. Interruption of Service. We may give credit for a continuous interruption of Services for more than 24 hours on a case-by-case basis. Interruptions caused by your negligent or willful actions, or by failure of equipment or service not provided by us, or by causes beyond our reasonable control, do not qualify for credit. We may provide you with an airtime credit of one minute for a call that is disconnected because of transmission limitations caused by atmospheric, geographic or topographic conditions and that you redial within one minute of disconnection. You must notify us within 24 hours of the disconnection to request credit. Phones and Other Equipment. Phones and other equipment may be purchased and returned as provided in the purchase documents. We are not Section 17 Terms and Conditions & Warranty Information 59 the manufacturer of the phones or other equipment. The only warranties on the phones or other equipment are any limited warranties extended by the manufacturers. We have no liability in connection with the phones and other equipment or for the manufacturers’ acts or omissions. Lost or Stolen Equipment. If your phone or other equipment is lost or stolen, you must notify us by calling PCS Customer Service Solutions. You are responsible for all charges for Services provided to the Number for the lost or stolen equipment before you notify us of the loss or theft. We will deactivate Services to the Number upon notification to us of any loss or theft. You may be required to provide evidence of the loss or theft (for example, a police report or sworn statement). If the equipment is later found, we may require that you exchange it for another phone or other equipment before we reactivate Services (if we do reactivate Services), as well as require you to pay a reactivation fee. We will deactivate Services to any Number without prior notice to you if we suspect any unlawful or fraudulent use of the Number. You agree to cooperate reasonably with us in investigating suspected unlawful or fraudulent use. Caller ID. If you do not want people you call to receive the Number assigned to your phone, you must call PCS Customer Service Solutions for information about automatic Caller ID blocking. The Number assigned to your phone can be blocked on a per-call basis by dialing *67 + Destination Number + TALK (or similar key), but Caller ID delivery resumes on the next call you make. Caller ID display on incoming calls to your Number depends on receiving the information from the calling party. TTY Access. A TTY (also known as TDD or Text Telephone) is a telecommunications device that allows people who are deaf or hard of hearing, or who have speech or language disabilities, to communicate by telephone. TTY doesn’t work with all Sprint PCS phones. If you have a Sprint PCS TTY-capable phone, it may not function effectively, or at all, when attempting 911 calls due to the equipment or software of the answering agency. Therefore, a TTY device should not be relied on for 911 calls. Pay-Per-Call Service. We will not complete calls from your Number to 900, 976 and similar numbers for pay-per-call services. Section 17 60 Terms and Conditions & Warranty Information International Calling. You may be limited in the international destinations that you can call with Services. You should contact PCS Customer Service Solutions for information about international destinations that you cannot call. Limitation of Liability. Except as otherwise provided in this section, our sole liability to you for any loss or damage arising out of providing or failing to provide Services (including mistakes, omissions, interruptions, delays, errors, or defects) does not exceed (1) in cases related to a specific piece of equipment, the prorated MRC for Services to the piece of equipment during the affected period, or (2) in cases not related to a specific piece of equipment, the prorated MRCs for Services to you during the affected period. Neither we nor our vendors, suppliers or licensors are liable for any damage arising out of or in connection with: a) any act or omission of any telecommunications service or other service provider other than us; b) any directory listing; c) any dropped calls or inability to place or receive calls; d) any interruption of Services, including interruptions caused by equipment or facilities failure or shortages, transmission limitations or system capacity limitations; e) traffic or other accidents, or any health-related claims allegedly arising from the use of Services, phones, equipment or accessories used in connection with the Services; f) the use of Wireless Web Services and PCS Vision applications and services, including the accuracy or reliability of any information obtained from the Internet using Wireless Web Services or from Voice Portal Services, PCS Vision wireless services or Internet services, content or applications not supported by Sprint PCS; g) any late or failed message delivery; h) any interruption or failure of 911 or E911 emergency services or identification of the Number, address or name associated with any person accessing or attempting to access emergency services from your phone; Section 17 Terms and Conditions & Warranty Information 61 i) the installation or repair of any products or equipment by parties who are not our authorized employees or agents; j) events due to factors beyond our control, including acts of God (including, without limitation, weather-related phenomena, fire or earthquake), war, riot, strike, or orders of governmental authority; k) any act or omission of any third party or independent contractor that offers products or services in conjunction with or through the Services; or l) your negligent or intentional act or omission. NO CONSEQUENTIAL OR OTHER DAMAGES. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH PROVIDING OR FAILING TO PROVIDE SERVICES, PHONES OR OTHER EQUIPMENT USED IN CONNECTION WITH THE SERVICES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF BUSINESS, OR COST OF REPLACEMENT PRODUCTS AND SERVICES. THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT. Indemnification. You indemnify and defend us, our partners, directors, officers, employees and agents from and against any claim, action, damage, liability and expense arising out of or in connection with: (1) your acts or omissions that occur in connection with your use of the Services or equipment used in connection with the Services, and (2) any communications you make or receive using the Services. This indemnification extends to and includes any attorney’s fees and costs incurred by us arising from any actions or claims to which this indemnification applies, or from the contesting of the applicability of this provision. This section survives termination of this Agreement. MANDATORY ARBITRATION OF DISPUTES. ANY CLAIM, CONTROVERSY OR DISPUTE OF ANY KIND BETWEEN THE CUSTOMER AND THE COMPANY AND/OR ANY OF ITS’ EMPLOYEES, AGENTS, AFFILIATES OR OTHER REPRESENTATIVES, WHETHER SOUNDING IN CONTRACT, STATUTE, OR TORT, INCLUDING FRAUD, MISREPRESENTATION, FRAUDULENT INDUCEMENT, OR ANY OTHER LEGAL OR EQUITABLE THEORY AND REGARDLESS OF THE DATE OF Section 17 62 Terms and Conditions & Warranty Information ACCRUAL OF SUCH CLAIM, CONTROVERSY OR DISPUTE SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION AS PRESCRIBED IN THIS SECTION. THE FEDERAL ARBITRATION ACT, NOT STATE LAW, GOVERNS THE QUESTION OF WHETHER A CLAIM IS SUBJECT TO ARBITRATION. HOWEVER, NOTHING CONTAINED IN THIS ARBITRATION PROVISION SHALL PRECLUDE THE CUSTOMER FROM RESOLVING ANY CLAIM, CONTROVERSY OR DISPUTE IN SMALL CLAIMS COURT HE OR SHE OTHERWISE WOULD HAVE THE RIGHT TO PURSUE. A single arbitrator engaged in the practice of law will conduct the arbitration. The arbitrator will be selected according to the rules of the American Arbitration Association or JAMS or, alternatively, may be selected by agreement of the parties, who shall cooperate in good faith to select the arbitrator. The arbitration will be conducted by, and under the thenapplicable rules of American Arbitration Association or JAMS, as applicable. All expedited procedures prescribed by the applicable rules will apply. Any required hearing fees and costs shall be paid by the parties as required by the applicable rules or as required by applicable law, but the arbitrator shall have the power to apportion such costs as the arbitrator deems appropriate. The arbitrator’s decision and award will be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court with jurisdiction. If any party files a judicial or administrative action asserting a claim that is subject to arbitration and another party successfully stays such action or compels arbitration, the party filing that action must pay the other party’s costs and expenses incurred in seeking such stay or compelling arbitration, including attorney’s fees. Notices. You may get our current address for written notice by calling PCS Customer Service Solutions. Written notice to you is sent to your last known address in our invoicing records. Written notice is deemed delivered 3 days after deposit in the U.S. mail, postage prepaid, and properly addressed. Unless required by this Agreement or Applicable Laws, (1) you may notify us by calling PCS Customer Service Solutions, and (2) we may notify you by leaving a message for you on your PCS Phone, answering machine or with your answering service. Notice addresses may be changed by giving notice as provided in this section. Section 17 Terms and Conditions & Warranty Information 63 Choice of Law; Jurisdiction. This Agreement is governed by and must be construed under federal law and the laws of the State of Kansas, without regard to choice of law principles. You agree to submit yourself to the personal jurisdiction of the courts in the State of Kansas. General. If either of us does not enforce any right or remedy available under this Agreement, that failure is not a waiver of the right or remedy for any other breach or failure by the other party. Our waiver of any requirement in any one instance is not a general waiver of that requirement and does not amend this Agreement. If any part of this Agreement is held invalid or unenforceable, that part is interpreted consistent with Applicable Laws as nearly as possible to reflect the original intentions of the parties and the rest of this Agreement remains in full force and effect. Section headings are for descriptive purposes only and are not used to interpret this Agreement. You may not assign this Agreement to any other person or entity without our prior written approval. This Agreement (including any referenced documents and attachments) makes up the entire agreement between you and us and replaces all prior written or spoken agreements, representations, promises or understandings between you and us. The provisions of this Agreement that are contemplated to be enforceable after the termination of this Agreement survive termination of this Agreement. This Agreement is subject to any applicable federal and state law (collectively, “Applicable Laws”). If there is a conflict, the Service Plan (including any Term Service Plan) controls over the Terms. The following provisions are not generally applicable and apply only to customers whose Service Plans include these terms: Traveling. If you are making or receiving calls outside your Home Service Area but on the Sprint Nationwide PCS Network, you may be charged for Services at a “travel” rate for both outgoing and incoming traveling calls. Long distance charges may not be included in the travel rate. Traveling charges do not apply if you subscribe to a Home Rate USA plan or to both Toll-Free USA and Home Rate USA. (See Home Rate USA and Toll-Free USA for more information.) You do not have to register your Number when traveling outside your Home Service Area. Section 17 64 Terms and Conditions & Warranty Information Home Rate USA. This service lets you make or receive calls from anywhere on the Sprint Nationwide PCS Network at your Home Service Area airtime rates. Toll-Free USA. This service lets you call from anywhere on the Sprint Nationwide PCS Network to anywhere in the United States, Puerto Rico and the U.S. Virgin Islands and be charged at your Home Service Area airtime rates, with no additional long distance charges. If you have Home Rate USA but do not have Toll-Free USA, and if you make a long distance call outside of your defined local calling area, you are invoiced for the long distance charges. Terms of PCS Picture Mail Service The Pictures or Picture Mail service (“Service”) – including access to and use of the services at www.pictures.sprintpcs.com – is provided to you by Sprint under the following terms and conditions and incorporate the Terms and Conditions set forth at www.sprintpcs.com which include the Terms and Conditions of Service provided with your PCS Phone User Guide, terms regarding copyright and trademark matters, and other terms relating to the use of our services. Your use of the Service indicates your acceptance of all of these terms (collectively “Terms”). Sprint may change these Terms from time to time at our discretion with or without notice to you. Any changes will be posted on the Service. 1. Eligibility The Service is provided to individuals who are at least 18 years old and to minors who have parental permission. We encourage parents and guardians to take an active role in protecting the privacy and security of their children. If you as a parent have any concerns regarding this issue, please feel free to contact us at pictures@sprintpcs.com. 2. Membership Fees PCS Picture Mail is available at an additional monthly charge (in addition to any charges you may pay for PCS Vision services) through Sprint and provides you, among other things, the ability to store and share pictures taken on select Vision-enabled PCS Phones or devices. If you have previously not signed up for the Service with activation of your PCS Service Plan, you Section 17 Terms and Conditions & Warranty Information 65 may add this Service to your account for an additional monthly charge through select Vision-capable PCS Phones. 3. Account Password We will have access to your account password and login name. We may remind you of your password, at your request, by sending an email to the address you used when creating your account. We will not disclose your account password to third parties, but we may access your account if necessary to maintain the Service, to comply with lawful requests from governmental authorities, or in response to court orders, subpoenas, complaints. 4. Photo Loss Sprint does not warrant that pictures or albums stored will not be deleted, modified or damaged. If pictures or images are particularly valuable, have sentimental or other intangible value or are otherwise unique or irreplaceable, reliable storage alternatives should be used, including hard copy duplication and electronic back up and storage. 5. Use of Related Software Any software that is provided for download and installation on your personal computer or electronic device in connection with the Service is licensed under the terms and conditions of a separate software license agreement. These license agreements are available for your review upon download, installation and/or use of that software. 6. Use of Pictures Solely for the purposes of displaying your pictures to selected persons and fulfilling your print orders, you grant us permission to use, download, upload, copy, print, display, reproduce, modify, publish, post, transmit and distribute any material included in your albums. 7. Member Conduct (a) In consideration for use of the Service, you agree to provide true, accurate, current and complete information about you as prompted during the registration process, and to maintain and update this information to keep it true, accurate, current and complete. (b) You are responsible for maintaining the confidentiality of your password and account, and you agree to be fully responsible for all activities which Section 17 66 Terms and Conditions & Warranty Information occur through anyone’s use of your password or account, whether or not authorized by you. You agree to notify Sprint immediately of any unauthorized use of your password or account or any other breach of security. (c) You must provide at your own expense all equipment and software required to use the Service, including computer and photography equipment, application software, modems, and access to the Internet. We are not responsible for delays resulting from incompatibility of such equipment and software, or from improper configuration or maintenance of such equipment and software. (d) While we do not control the content of any member submissions to the Service and do not have any obligation to monitor such content, if we have any reason to believe that any language, content, graphics or other materials contained within your content is inappropriate, we may, in our sole discretion, refuse to process any print orders, remove your pictures from our servers, suspend your account, restrict access to it, remove content from it, or terminate it. (e) You agree (1) not to use the Service for illegal purposes; (2) not to interfere with or disrupt the Service or servers or networks or software or data connected to the Service; (3) to comply with all requirements, procedures, policies and regulations of networks connected to the Service; and (4) to comply with all applicable laws regarding the transmission of technical data exported from the United States. You agree to abide by all applicable local, state, national, and international laws and regulations in your use of the Service and in your use of any software downloaded from the Service, including, without limitation, copyright, trademark, obscenity and defamation laws. (f) You agree not to interfere with the use and enjoyment of the Service by other users of the Service. You agree not to attempt to gain unauthorized access to other computer systems or networks connected to the Service. (g) You agree not to transmit through the Service, or upload to it (1) any pictures or other content in violation of the copyrights, privacy rights or other rights of any other person; (2) any unlawful, harassing, libelous, privacy invading, abusive, hateful, threatening, harmful, vulgar, Section 17 Terms and Conditions & Warranty Information 67 defamatory, obscene or otherwise objectionable material of any kind; (3) any material that violates the rights of another, including, but not limited to, the intellectual property rights of another; (4) any material that harms minors; (5) any material that violates any applicable local, state, national, or international law or regulation; or (6) “junk mail,” “spam,” “chain letters,” or unsolicited mass distribution of email. 8. Privacy Statement In order to register you as a member of the Service, we ask you to supply us with some basic information (email address, user selected password, name) during the registration process and, occasionally, at other times while using the Service. All uses of your information will be in accordance with our privacy policy, as set forth in the following Privacy Policy. As this policy may be updated from time to time, a current version can be found at www.sprintpcs.com. PRIVACY POLICY (a) Sprint respects the privacy of its customers, and other individuals and businesses using the Web sites owned and operated by Sprint and its Affiliates (“Sprint Web sites”). This updated Privacy Policy effective October 22, 2001, is to keep you informed about the types of information collected on Sprint Web sites and how the information is used and protected. The revised Privacy Policy includes information about advertisements on Sprint Web sites and access to your account information. Sprint protects the privacy of its local, long distance and wireless customers consistent with the Federal Telecommunications Act and rules and regulations issued by the Federal Communications Commission. Sprint’s Privacy Policy for its high speed Internet services can be accessed at: www.sprint.com/privacypolicy/broadbandservices. There are two types of information that may be exchanged between the Sprint site and the user during each visit to a Sprint site. They are: 1. General technical data transmitted between your computer and the Sprint site that does not identify you personally. 2. Personally identifiable information that you voluntarily share. The types of personally identifiable information that you might share include your name, address, phone number, email address and credit card number. Section 17 68 Terms and Conditions & Warranty Information (b) Anonymous Information In order to provide you with the information and services that you look for from the Sprint Web sites, Sprint gathers certain types of information from you that are not personally identifiable. This is called anonymous information and includes: 1. The type of Internet browser you use when you visit 2. The types of computer operating system you use 3. The search engine you use to access the Sprint Web sites (such as “AOL.com,” “Yahoo.com” or “Go.com”) 4. The specific Sprint Web site that you visit (Sprint.com, etc.). The anonymous information collected is not associated with you personally or your business. Sprint uses this anonymous information in the aggregate to improve Sprint Web sites and the services we provide through those sites. (c) Use Of Cookies Sprint Web sites may use “cookies” to collect the anonymous information described in this Privacy Policy. Cookies are bits of encrypted data that are loaded by a Sprint server onto your computer or other device when you visit a Sprint Web site. The server can retrieve the cookies the next time you visit a site and use them to identify the computer as a return visitor. Sprint uses cookies to collect non-personally identifiable information and generically track usage patterns on the Sprint Web sites in order to monitor activity and administer the sites. Sprint also uses information obtained from cookies to improve Sprint Web sites, and make decisions concerning advertising, product offerings and services. Most users can disable cookies from their Internet browsers, receive a warning before a cookie is placed on their computer, and erase all cookies from their computer hard drives by following the instructions provided by the browser. (d) Advertisements On Sprint Web Sites Advertising companies deliver ads on some Sprint Web sites. You should be aware that when you click on these ads, the advertising companies may also deploy cookies to receive anonymous information about ad viewing by Internet users on Sprint Web sites and other Web sites. This information is associated with your Web browser, but cannot be associated with your name or email address without your permission. Therefore, advertising companies Section 17 Terms and Conditions & Warranty Information 69 may know where your computer goes on the Web, but they do not know who you are unless you tell them. Sprint does not provide personally identifiable information about its customers or Sprint Web site visitors to these advertising companies. (e) Personally Identifiable Information Sprint may ask you to provide what is often referred to as “personally identifiable information” such as your name, address, telephone number and email address when you use Sprint Web sites to: purchase a service or product online, enter a contest or sweepstakes, ask to receive information, respond to a survey, register with a Sprint Web site, access your account, ask for a personalized service, request customer service online, or apply for a job. You always have the alternative of mailing or calling Sprint with the information requested if you do not wish to provide it online. Personally identifiable information provided at a Sprint Web site to order Sprint services other than Internet services will be protected in the same manner as when the information is provided by other means such as over the telephone or by mail. We protect customer information obtained from the local, long distance and wireless service customers of Sprint consistent with federal laws governing telecommunications services and with regulations issued by the Federal Communications Commission. Sprint’s Privacy Policy for its Internet services can be accessed at: www.sprint.com/privacypolicy/broadbandservices. We use personally identifiable information provided at a Sprint web site in the following ways unless otherwise specified: 1. For its intended purpose (such as to complete an online order for service). 2. To provide you with information about new PCS Products and Services or products and services offered in conjunction with Sprint business partners. (f) Disclosure To Third Parties Sprint will not sell or disclose to outside parties any personally identifiable information obtained from a Sprint online service or the registration at a Sprint Web site without your consent except under the following circumstances: 1. When required by law, Section 17 70 Terms and Conditions & Warranty Information 2. When disclosure is necessary to protect the safety of a customer, third party or Sprint’s property, 3. If it is required in connection with any sale or transfer of all or a portion of Sprint’s assets. When Sprint uses agents, contractors or other companies to perform services on its behalf, Sprint will require that they protect your personally identifiable information consistent with this Privacy Policy. Sprint may share the anonymous information described in this Privacy Policy with third parties from time-to-time. (g) Email Communications Email is an increasingly popular communication tool through which you and your business may communicate with Sprint. Likewise, Sprint may use email to communicate with you, respond to your email, and to tell you about new products and services. If you do not wish to receive email promotions and new products and service announcements from Sprint, please follow the instructions that appear at the end of the email communication that you receive from Sprint to have your name removed from the list. (h) Security Sprint utilizes several encryption methods to ensure that the data you submit on any of the Sprint Web sites is secure. Through this “secure session,” information that you input into a Sprint online order form will be sent and will arrive privately and unaltered at a Sprint server. This security prohibits access to your information by other companies and Web users. (i) Children Sprint does not intend to collect personally identifiable information from individuals under 18 years of age. If Sprint becomes aware that a user who is under 18 is using a Sprint Web site, Sprint will specifically instruct that individual that they are not to submit information on Sprint Web sites without a parent or guardian’s consent. If a child has provided Sprint with personally identifiable information without the knowledge of Sprint, a parent or guardian of the child may contact Sprint at privacy@mail.sprint.com and Sprint will delete the child’s information from our existing files. Section 17 Terms and Conditions & Warranty Information 71 (j) Links Some Sprint Web sites contain links to other Web sites that are owned and operated by parties other than Sprint. Please be aware that this Privacy Policy does not extend to any Web sites other than those owned and controlled by Sprint. (k) Account Information You may always contact us at privacy@mail.sprint.com or by telephone or mail to verify your name, address, email address, telephone number and/or billing information. Sprint will correct any information that is inaccurate. (l) Questions If you have questions or comments regarding this Privacy Policy, you may contact us at privacy@mail.sprint.com. If you have submitted personally identifiable information, and would like that information deleted from our records, please contact us at our email address, privacy@mail.sprint.com. We will use reasonable efforts to delete that information from our files. (m) Updates Sprint may amend this Privacy Policy from time-to- time. These changes will be posted online. 9. Usage and Storage We and our suppliers assume no responsibility for: (1) any full or partial loss, deletion or failure to store your pictures or any other data; (2) any notice or lack of notice of such loss, deletion or failure to store your data; or (3) any correct or erroneous informing of or failure to inform user of such loss, deletion or failure to store your data. From time to time we may establish an upper limit on the size of data storage that you are permitted to use on the Service and/or an upper limit on the frequency or amount of usage that you are permitted on the Service or related software. We may establish a reasonable period of time (for example, three months) such that if you do not use the Service at least once during such period, we may terminate the Service to you for non-use, and delete pictures and other data that you may have stored through the Service. 10. No Resale of Service or Software Your membership account is intended only for personal, noncommercial use. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any Section 17 72 Terms and Conditions & Warranty Information commercial purposes, any portion of the Service, use of the Service, access to the Service, or related software. 11. Proprietary Rights You agree that content, including but not limited to software, text, pictures, graphics, video, music, sound, or other materials or information, contained in the Service or contained in sponsor advertisements or presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights, laws, and/or treaties. You agree that you are permitted to use such materials and information only as expressly authorized by us or the true owner of the right in question and you may not copy, reproduce, transmit, distribute, or create derivative works of such materials or information without proper express, written authorization from us or the true owner of the right in question. 12. Changes to the Service and Termination of the Service (a) We may change these Terms from time to time without notice to you. Should you object to any of these Terms or any changes to them, or should you become dissatisfied with the Service in any way, your only recourse is to immediately: (1) discontinue use of the Service; and (2) terminate the Service and notify us of the termination. Termination of the Service may, in some instances, require you to change your PCS Service Plan. (b) We may discontinue the Service or any feature or portion of the Service at any time, with or without notice. You agree that upon modification or discontinuance of the Service, we may delete the data you have stored on the Service. (c) You agree that we may terminate your membership in the Service and delete any and all information, posting, communications, albums and pictures at any time, without notice, if we believe: (1) that you have failed to use the Service at least once during a reasonable span of time as determined by us; (2) that you have violated or acted inconsistently with the letter or spirit of these Terms; (3) that you have violated our rights or the rights of other users or parties; or (4) that you have abused or misused the Service in any way, including but not limited to exceeding any limits that we may place on the amount of data that any individual may store on the Service. Section 17 Terms and Conditions & Warranty Information 73 (d) We reserve the right at all times to disclose any information posted by you or any other user as necessary to satisfy any law, regulation or governmental request, or to edit, remove, or refuse to post any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these terms and conditions. (e) Except as otherwise set forth in this provision, in the event your Service is terminated we will make reasonable efforts to provide 30 days prior notice before may delete any data from the Service. 13. Disclaimers (a) We hereby disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material in this Service. We further disclaim any responsibility for the deletion, misdelivery, failure to store or untimely delivery of any information or material. We disclaim any responsibility for any harm resulting from downloading or accessing any information or material through the Service. You agree that you, the member, will bear all risk associated with any content that you access. (b) All processing of film, prints, slides, negatives or digital images is subject to our Terms. You agree that your sole remedy for any damage or loss of any materials that you submit to us for processing, printing, storage, transmission or other handling, even if caused by negligence or other fault, will only entitle you to replacement with a like amount of unexposed film and processing. EXCEPT FOR THE EXCLUSIVE REMEDY OF REPLACEMENT, THE HANDLING OF ANY FILM, PRINT, SLIDE, NEGATIVE OR DIGITAL IMAGE IS WITHOUT WARRANTY OR LIABILITY AND RECOVERY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES IS EXCLUDED. (c) THIS SITE AND ALL PRODUCTS, SERVICES AND CONTENT PROVIDED THROUGH IT ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITH NO WARRANTIES WHATSOEVER. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DISCLAIM ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND Section 17 74 Terms and Conditions & Warranty Information PERFORMANCE OF THIS SERVICE, OR THAT THIS SITE OR OUR SERVER IS FREE OF VIRUSES OR OTTHER HARMFUL COMPONENTS. WE DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THIS SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SERVICE OR THROUGH ANY LINKS PROVIDED IN THE SERVICE. (d) YOU EXPRESSLY AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL SPRINT BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF AND RELIANCE ON THE SITE OR ITS ASSOCIATED PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE, PRODUCTS OR SERVICES, FROM INABILITY TO USE THE SITE OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THIS SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THIS SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. (e) BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OF CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. OUR OWN AND OUR SUPPLIERS’ TOTAL LIABILITY FOR DAMAGES, LOSSES, AND CAUSES OF ACTION, REGARDLESS OF LEGAL THEORY, WILL IN NO EVENT EXCEED THE AGGREGATE DOLLAR AMOUNT YOU HAVE PAID TO US UNDER THESE TERMS, OR US $25.00, WHICHEVER IS GREATER. Section 17 Terms and Conditions & Warranty Information 75 14. Indemnity You agree to indemnify and hold Sprint and its parents, suppliers, licensors, subsidiaries, affiliates, officers, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: (1) use of the Service by you or by anyone using your account; (2) violation of these Terms by you or by anyone using your account; or (3) violation or infringement by you, or by anyone using your account, of intellectual property rights or any other rights of any other person. 15. General Provisions We may assign our rights and duties under these Terms to any third party at any time without notice to you. These Terms and the relationship between you and Sprint shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Sprint agree to submit to the personal and exclusive jurisdiction of the courts located within the State of California. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. The failure of Sprint to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of the Terms shall be valid and remain in full force and effect. Section 17 76 Terms and Conditions & Warranty Information Customer Limited Warranty SPRINT SPECTRUM, L.P., (Sprint) offers you a limited warranty that the enclosed subscriber unit (Product), including accessories in the product package, will be free from defects in material or workmanship as follows: SUBSCRIBER UNIT: A. SPRINT ONE (1) YEAR LIMITED WARRANTY: For a period of one (1) year from the date of purchase, Sprint will, at its option, either pay the parts and labor charges to any authorized PCS Phone service facility to repair or replace a defective product (with new or rebuilt parts/replacements). After this one (1) year period, you must pay all parts, shipping and labor charges. B. REPAIRS: For a period equal to the remainder of the original limited warranty period on an original Product or for the 180 days after the date of repair/replacement, whichever is longer, Sprint will repair or replace (with new or rebuilt replacement) defective parts or Product used in the repair of replacement of the original Product under this Limited Warranty. Proof of purchase in the from of a bill of sales or receipted invoice warranty repair document which is evidence that the Product is within the warranty period must be presented to obtain warranty service. This limited warranty is not transferable to any third party, including but not limited to any subsequent purchaser or owner of the Products. Transfer or resale of a Product will automatically terminate warranty coverage with respect to the Products. This limited warranty dose not cover and is void with respect to the following: (i) Products which have been improperly installed, repaired, maintained or modified (including the antenna); (ii) Products which have been subjected to misuse (including Products used in conjunction with hardware electrically or mechanically incompatible or used with accessories not supplied by Sprint), abuse accident, physical damage, abnormal operation, improper handling and storage, neglect, exposure to fire, water or excessive moisture or dampness or extreme changes in climate or temperature, (iii) Products operated outside published maximum ratings; (iv) cosmetic damage (including the LCD touch screen); (v) Products on which warranty stickers or Product serial numbers have been removed, altered, or rendered illegible; (vi) customer instruction; (vii) cost of installation, removal or Section 17 Terms and Conditions & Warranty Information 77 reinstallation; (viii) signal reception problems (unless caused by defect in material and workmanship); (ix) damage the result of fire, flood, acts of God or other acts which are not the fault of Sprint and which the Product is not specified to tolerate, including damage caused by mishandling and blown fuses; (x) consumables (such as fuses); or (xi) any Products which have been opened, repaired, modified or altered by anyone other than Sprint or a Sprint authorized service center. This warranty dose not cover customer education, instruction, installation, set up adjustments, or signal reception problems. This warranty is valid only in the United States. USE WITH ACCESSORIES NOT SUPPLIED BY SPRINT OR OTHERWISE NOT EXPRESSLY AUTHORIZED BY SPRINT MAY BE DANGEROUS. SPRINT SPECIFICALLY DISCLAIMS LIABILITY, AND SHALL HAVE NO OBLIGATION TO PROVIDE TO BUYER ANY OTHER REMEDY, FOR ANY AND ALL DIRECT, INDIRECT, SPECIAL, GENERAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, LOST SALES, LOSS OF USE OF THE PRODUCT, OR ANTICIPATED PROFITS ARISING OUT OF USE OF OR INABILITY TO USE ANY PRODUCT (FOR EXAMPLE, WASTED AIRTIME CHARGES DUE TO THE MALFUNCTION OF A PRODUCT), DAMAGE DUE TO IMPROPER OPERATION OR MAINTENANCE, INSTALLATION, CONNECTION TO IMPROPER VOLTAGE SUPPLY. OR ATTEMPTED REPAIR OF THE PRODUCT BY ANYONE OTHER THAN A FACILITY AUTHORISED BY SPRINT. THIS WARRANTY DOSE NOT COVER PRODUCTS SOLD AS IS OR WITH ALL FAULTS, OR CONSUMABLES, (SUCH AS FUSES). THIS WARRANTY DOES NOT APPLY WHEN THE MALFUNCTION RESULTS FROM USE OF THE PRODUCT IN CONJUNCTION WITH ACCESSORIES, PRODUCTS OR ANCILLARY OR PERIPHERAL EQUIPMENT NOT SUPPLIED BY OR EXPRESSLY AUTHORIZED FOR USE BY SPRINT, AND WHERE IT IS DETERMINED BY SPRINT THAT THERE IS NO FAULT WITH THE PRODUCT ITSELF. REPAIR OR REPLACEMENT, AS PROVIDED UNDER THE WARRANTY, IS YOUR SOLE AND EXCLUSIVE REMEDY FOR BREACH OF THE LIMITED WARRANTY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, SPRINT MAKES NO OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, Section 17 78 Terms and Conditions & Warranty Information WITH RESPECT TO THE PRODUCTS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT WITHIN THE TIME PERIOD SPECIFIED IN THE LIMITED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ON THIS PRODUCT IS LIMITED IN DURATION TO THE DURATION OF THIS WARRANTY. Some States do not allow the exclusion or limitation of incidental or consequential damages, or allow limitations on how long an implied warranty last, so the above limitations or exclusions may not apply to you. This limited warranty gives you specific legal rights, and you may have other rights which vary from the State to State. For other Warranty Service Information, please call PCS CUSTOMER SERVICE SOLUTIONS at 1-888-211-4727. Section 17 Terms and Conditions & Warranty Information 79 Notes Notes Notes Notes
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