Terms of use

Terms and Conditions

Table Of Contents:

 

• Orange Bear
• Acceptable Use Policy The following policy govern
• Grounds for Suspension and Termination
• Theft of Service
• Service Outages
• Possibility of Network Congestion and/or Reduced Speed
• Billing
• Payment Terms
• Service Outage Due to Suspension of Your Account
• Privacy
• Changes Notice
• CHANGES TO THIS AGREEMENT

 

OrangeBear
Orange Bear shall provide a commercial gateway to the Internet via GPRS roaming giving Internet access services on a prepaid basis. Orange Bear's equipment and facilities may be used to access the World Wide Web, newsgroups and private networks, transfer files, send electronic mail (using third-party email providers), place phone calls and otherwise participate in legal aspects of the Internet (these uses are referred to in this document as "the Service"), subject to these Terms and Policies.
The Service is provided to authorized persons or organizations (referred to in this document as "Customer" or "you"). To become a customer, you must be at least 18 years old (if a natural person) or authorized to enter into binding legal agreements (if on behalf of a legal entity.)
Any use of the service is subject to any restrictions listed below. By using the Service, you agree to be bound by all of theses Terms and Policies. If you do not agree to be bound by these Terms and Policies, you must cancel your account immediately and may not thereafter use or attempt to use the Service.
 

USER UNDERSTANDS AND ACKNOWLEDGES THAT USER IS ENTERING INTO AN AGREEMENT WITH ORANGE BEAR AND NOT THE WEB SITE WITH WHOM ORANGE BEAR HAS ASSOCIATED TO BRING YOU THIS SERVICE. BY COMPLETING THE REGISTRATION PROCESS AND BY CLICKING ON THE "ACCEPT" BUTTON YOU ARE AGREEING TO BECOME A PARTY TO THIS AGREEMENT WITH ORANGEBEAR AND TO THE TERMS AND CONDITIONS HEREIN AND ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ANY APPLICABLE ASSOCIATE STATEMENT ACCESSIBLE FROM THE LOGIN PAGE OF THIS SITE.

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Acceptable Use Policy  The following policy govern

Lawful Use of Service and Device
Prohibited Uses:
You agree to use the Service and Device only for lawful purposes. This means that you agree not to use them for transmitting or receiving any communication or material of any kind when in Orange Bear sole judgment the transmission, receipt or possession of such communication or material

i. Would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law or
ii. Encourages conduct that would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law.

Orange Bear reserves the right to terminate your service immediately and without advance notice if Orange Bear, in its sole discretion, believes that you have violated the above restrictions, leaving you responsible for the full usage charges to the end of the current term, including without limitation unbilled charges, plus a disconnect fee, all of which immediately become due and payable. You are liable for any and all use of the Service and/or Device by any person making use of the Service or Device provided to you and agree to indemnify and hold harmless Orange Bear against any and all liability for any such use that fails to comply with this Section . If Orange Bear, in its sole discretion believes that you have violated the above restrictions, Orange Bear may forward the objectionable material, as well as your communications with Orange Bear and your personally identifiable information to the appropriate authorities for investigation and prosecution. If you try to use directly or indirectly the service from a restricted country you do so at your own risk, including the risk that such activity violates local laws in the country where you do so. You are liable for any and all use of the Service and/or Device by any person making use of the Service or Device provided to you.
The following policy governs the use of the Orange Bear Service by User. User will comply with the terms and spirit of the Agreement.

A. User shall not use the Orange Bear Service for spamming. Spamming includes, but is not limited to

1. The bulk sending of unsolicited messages, or the sending of unsolicited e-mails which provoke complaints from recipients,
2. the sending of junk mail,
3. the use of distribution lists that include people who have not given specific permission to be included in such distribution process,
4. posting commercial ads to USENET newsgroups that do not permit it, 
5. posting articles containing binary encoded data to anon-binary newsgroups,
   6. excessive and repeated posting off-topic messages to newsgroups,
   7. excessive and repeated cross-posting,
   8. e-mail harassment of another Internet user or users, including but not limited to, transmitting any threatening, libelous or obscene material, or material of any nature which could be deemed to be offensive, and
   9. the e-mailing of age- inappropriate communications or content to anyone under the age of 18.

Orange Bear has in place a spam monitoring and control system to reduce spam sent to and from Users. User is hereby advised that Orange Bear do not authorize the spam, and the only e-mail which User will send from Orange Bear's servers is e-mail which User sends to a single addressee, to a group consisting only of User's friends and family members or individuals with whom User has an established professional relationship, or to a group for whom User has the verified permission of each recipient to include them in a mailing list. Should User cause e-mail that does not meet these criteria to be sent through Orange Bear's servers, User understands and agrees that this is a breach of Orange Bear's Terms of Service, which may result in User's account being terminated, with or without notice, and/or legal action against User for misuse of the services. User shall not use the Orange Bear Service in a manner which violates any city, state, national or international law or regulation, or which fails to comply with accepted Internet protocol. User shall not attempt to interfere in any way with Orange Bear networks or network security, or attempt to use the Orange Bear Service to gain unauthorized access to any other computer system.
B. User shall at all times provide Orange Bear with accurate information. User shall immediately notify Orange Bear of any security breach in or unauthorized use of User's account. User shall not interfere in any way with another User's use of, or Orange Bear's provision of the Orange Bear Service. User shall not resell, rent, lease, grant a security interest in, or make commercial use of the Orange Bear services without the express written consent of Orange Bear.
C. User agrees to use Orange Bear E-mail addresses containing the names of colleges, universities, celebrities, entertainment properties, businesses, or teams for personal use only and not for any commercial purpose.
D. User agrees not to transfer E-mail address for gain or otherwise. Transfer of such E-mail address will result in termination of contract with end user.

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Grounds for Suspension and Termination

 

You agree to comply with these Terms and Policies, as well as the applicable rules, regulations and policies of any network, bulletin board, newsgroup, web site or Internet Service Provider accessed through the Service. Any violation of either these Terms and Policies or the other rules, regulations or policies noted above may serve as cause for Orange Bear to suspend or terminate your account. You agree that Orange Bear has the right, with or without notice, to suspend or terminate your account upon the first or subsequent occurrence of any of the following:
Using the Service in a way which constitutes violation of any applicable statute, law, court order, tariff, regulation, or treaty (including, but not limited to, intellectual property, communications, privacy, criminal and international law);
Using the Service in a manner intended to abuse or violate the privacy or property rights of others, including but not limited to sending of unsolicited bulk e-mail messages ("spamming") this ground for suspension or termination is separate from and in addition to fees which will result from such activity;
Using the Service in an attempt to break security, or so as to actually break security of any computer network (including the Service itself), or to access an account, message, or file which does not belong to you;
Using the Service in such a way as to forge or mis-represent headers, addresses, or other identification in electronic mail or postings, or using any other method to disguise the sender's identity or location;
Using the Service to operate server programs, including, but not limited to mail servers, IRC serves, game servers, ftp servers, Web servers, or streaming audio/video servers.
Using the Service to promote or solicit competing Internet services;
Using the Service for unauthorized relays through any third party systems without the express permission of the operator of such system;
Attempting, in any way, to interfere with or deny service to any user or any host on the Internet, or to monitor data or traffic on any network or system without the express authorization of the owner of the system or network;
Using the Service for mail-bombing, which includes any instance where multiple messages are sent to a specific destination with the intent to render the recipient and/or the electronic system serving that recipient dysfunctional;
Using the Service to add or attempt to add addresses to any mailing list (yours or a third party's) without the explicit positive consent of the addressee(s);
Using the Service to forward or post "chain letters" (multiple forwarding) of any type, or to post the same or similar messages to one or more Usenet or other news groups, forums, or email mailing lists in an excessive manner ("excessive" being defined as posting the same or substantially similar messages to ten or more groups in a single day);
Attempting to cancel, supersede, or otherwise interfere with e-mail or postings other than your own;
Engaging in harassment, whether through language, frequency, or size of messages;
Using the Service to engage in attacks on computer systems, including overburdening (or attempting to overburden) a recipient computer system by sending a high volume of spurious data which effective impedes or totally disables functionality of the recipient system(s), or any other methods of denial-of-service attacks, or by means of viruses or software designed to create a virus or to do harm to any person or network;
Doing in any of the foregoing by using the services of another provider, but channeling such activities through the Service; or,
- Furnishing false data on your sign-up form, contract, or online application, (including providing fraudulent credit card or other payment information) or failing to provide the full name and a physical address for all persons using the Service through your account upon request by Orange Bear.
- No credit will be given for a period of suspension. In the event of termination of your use of the Service under this section, Orange Bear may at its sole discretion retain any or all amounts you have paid for use of the Service as liquidated damages for your actions.
Orange Bear may investigate suspected violations of these Terms and Policies. During the investigation, Orange Bear may suspend or terminate your account. If, as a result of any such investigation, Orange Bear believes that any criminal activity has occurred, Orange Bear reserves the right to refer the matter to, and to cooperate with, appropriate law enforcement authorities.
YOU AGREE TO WAIVE ANY CLAIMS YOU MAY HAVE AGAINST Orange Bear, AND TO HOLD Orange Bear HARMLESS AND INDEMNIFY Orange Bear WITH RESPECT TO ANY CLAIMS RELATED TO ANY ACTION WHICH Orange Bear TAKES AS PART OF SUCH AN INVESTIGATION OR AS A RESULT OF ITS DETERMINATION THAT A VIOLATION OF THESE TERMS AND POLICIES HAS OCCURRED.

Storage

Orange Bear assumes no responsibility for the deletion or failure to store, deliver or timely deliver messages. Without limiting the foregoing sentence, Orange Bear may, from time to time and without notice, set limit(s) on the number of messages a member may send, store, or receive through the service, and Orange Bear retains the right to delete any E-mails above or below such limit(s) as well as to deactivate any account which is over such limit(s) without any liability whatsoever, and User hereby releases Orange Bear from any such liability. Any notice provided by Orange Bear to Users in connection with such limit(s) shall not create any obligation to provide future notification regarding any change(s) to such limit(s).

Infringement

Copyright / Trademark / Unauthorized Usage of Device, Firmware or Software
The Service and Device and any firmware or software used to provide the Service or provided to Customer in conjunction with providing the Service, or embedded in the Device, and all Services, information, documents and materials on Orange Bear website(s) are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All web sites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively "marks") of Orange Bear are and shall remain the exclusive property of Orange Bear and nothing in this Agreement shall grant you the right to right or license to use such marks. You acknowledge that you are not given any license to use the firmware or software used to provide the Service or provided to Customer in conjunction with providing the Service, or embedded in the Device, other than a nontransferable, revocable license to use such firmware or software (without making any modification thereto) strictly in accordance with the terms and conditions of this Agreement, and that the Device is exclusively for use in connection with the Service. If you decide to use the Service through an interface device not provided by Orange Bear , which Orange Bear reserves the right to prohibit in particular cases or generally, you warrant and represent that you possess all required rights, including software and/or firmware licenses, to use that interface device with the Service and you will indemnify and hold harmless Orange Bear against any and all liability arising out of your use of such interface device with the Service.

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Theft of Service

You agree to notify Orange Bear immediately, in writing or by calling the Orange Bear customer care line, if the Device is stolen or if you become aware at any time that your Service is being stolen or fraudulently used. When you call or write, you must provide your account number and a detailed description of the circumstances of the Device theft or fraudulent use of Service. Failure to do so in a timely manner may result in the termination of your Service and additional charges to you. You will be liable for all use of the Service using a Device stolen from you and any and all stolen Service or fraudulent use of the Service.

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Service Outages

You acknowledge and understand that if there is a service outage for ANY reason and/or inability to connect to a local access point, such outage will prevent ALL Service. Such outages may occur for a variety of reasons, including, but not limited to those reasons described elsewhere in this Agreement.

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Possibility of Network Congestion and/or Reduced Speed:

 

Due to the manner in which it is technically possible to provide and select the international internet access points for Orange Bear at this time, you acknowledge and understand that there is a greater possibility of network congestion and/or reduced speed in some or /and from one to other access points from the local service provider, this is why we provide a redundant network access points when available.

Limitation of Liability and Indemnification
You acknowledge and understand that the Company's liability is limited for any Service outage and/or inability to connect to a local access point, as set forth in this document. You agree to defend, indemnify, and hold harmless Orange Bear, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to Customer in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys fees) by, or on behalf of, Customer or any third party or user of Customer's Service relating to the absence, failure or outage of the Service, including and/or inability of Customer or any third person or party or user of Customer's Service to be able to connect to a local access point.

Account Activation :
• Your Orange Bear account setup and activation is made upon paying a registration fee.
• To activate your Orange Bear account you must pay a deposit, the amount should me defined by the period of use according to the Appendix.
• The activation of your account will allow you to access and pay for the use of the international internet access network worldwide.

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Billing
• Payment for the service is based on a monthly-rated fee mentioned in the Appendix.
• All international roaming charges are included within the fee amount.
• Account funds are available for a period of 365 days from the date of deposit. Funds remaining in the account at the end of this period will be forfeited. New funds added before the expiry date will automatically renew the account and all funds for another 365-day period.

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Payment Terms:
• Orange Bear only accepts payments by credit card or bank transfer for Corporate Account upon Credit approval.
• You must provide a valid credit card which you authorize us to approach for debits at sign-up. You need to have always a valid credit card on your file otherwise your account will be put "On Hold", until we receive a valid credit card.
• The amount paid will be deposited into your Orange Bear account and counted against the use of the services made by you (such as sms, extra data, ect).
• You must always keep a positive balance in your account in order to use the services.
• Your initial use of the Service authorizes Orange Bear to charge the credit card account number on file with Orange Bear , including any changed information given Orange Bear if the card expires or is replaced, for Orange Bear charges that accrue during the billing cycle. This authorization will remain valid until 30 days after Orange Bear receives your written notice terminating Orange Bear authority to charge your credit card. Orange Bear may terminate your Service at any time in its sole discretion, if any charge to your credit card on file with Orange Bear is declined or reversed or in case of any other non-payment of account charges. Termination of Service for declined card, reversed charges or non-payment leaves you FULLY LIABLE to Orange Bear for ALL CHARGES ACCRUED BEFORE TERMINATION and for charges incurred by Orange Bear owing to your non-payment, such as (but not limited to) collection costs and attorney's fees.
Credit Card and Fund receipt:
• The debit of your account will appear under the name "Global Roaming" on your Credit card statements.

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Service Outage Due to Suspension of Your Account

You acknowledge and understand that service outages due to suspension of your account as a result of billing issues will prevent ALL Services.

Corporate Accounts :
Corporate have a sub-account for each mobile workers, under one billing, each sub account is managed separately, authentication, authorization and setup, all billing of the sub-account are made to the master corporate account. Billing can be customized upon request. The Corporate master account is responsible for each of is sub-account. Corporate account are subject to the same rules as a individual account unless specify

WARRANTY and LIABILITY LIMITATIONS / INDEMNIFICATION
Limitation of Liability
Orange Bear shall not be liable for any delay or failure to provide the Service, including the ability to connect to a local access point, at any time or from time to time, or any interruption , or low speed, or degradation of voice quality that is caused by any of the following:

1. Act or omission of an underlying carrier, service provider, vendor or other third party;
2. Equipment, network or facility failure;
3. Equipment, network or facility upgrade or modification;
4. Force majeure events such as (but not limited to) acts of god; strikes; fire; war; riot; government actions;
5. Equipment, network or facility shortage;
6. Equipment or facility relocation;
7. Service, equipment, network or facility failure caused by the loss of power to Customer; or
8. Any other cause that is beyond Orange Bear control, including without limitation the failure of an incoming or outgoing communications, the inability of communications to be connected or completed , including any international access points, or degradation of connection , transmission or voice quality.

You agree that, should you use the Service to send or receive voice communications, Orange Bear is not acting as a telecommunications carrier or telephone company, that there is no representation made by Orange Bear as to the suitability of the Service for such use, and that all risk of connection, transmission quality, and accuracy of communications is solely on you, and that Orange Bear has no liability of any sort for the failure or lack of quality of such use of the Service.

Orange Bear liability for any failure or mistake shall in no event exceed Service charges with respect to the affected time period.

No Consequential Damages
In no event shall Orange Bear, its officers, directors, employees, affiliates or agents or any other service provider who furnishes services to Customer in connection with this Agreement or the Service be liable for any incidental, indirect, special, punitive, exemplary or consequential damages, or for any damages, including but not limited to loss of data, loss of revenue or profits, or arising out of or in connection with the use or inability to use the Service, including inability to be able to connect to the international access points. The limitations set forth herein apply to claims founded in breach of contract, breach of warranty, products liability, tort and any and all other theories of liability and apply whether or not Orange Bear was informed of the likelihood of any particular type of damages.

Indemnification
Customer agrees to defend, indemnify, and hold harmless Orange Bear, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to Customer in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys fees) by, or on behalf of, Customer or any third party or user of Customer's Service, relating to this Agreement, the Services, including 911dialing, or the Device. This paragraph shall survive termination of this Agreement.

No Warranties on Service
Orange Bear makes no warranties, express or implied, including but not limited to, any implied warranties of merchantability or fitness of the Service or the Device for a particular purpose. Orange Bear does not warrant that the Service will be without Service failure, delay, interruption, error, degradation of voice quality or loss of content, data or information. Neither Orange Bear nor its officers, directors, employees, affiliates or agents or any other service provider or vendor who furnishes services or products to Customer in connection with this Agreement or the Service will be liable for unauthorized access to Orange Bear or Customer's transmission facilities or premises equipment or for unauthorized access to, or alteration, theft or destruction of, Customer's data files, programs, procedures or information through accident, fraudulent means or devices or any other method, regardless of whether such damage occurs as a result of Orange Bear or its service provider's or vendors' negligence. Statements and descriptions concerning the Service or Device, if any, by Orange Bear or Orange Bear's agents or installers are informational and are not given as a warranty of any kind.

THE SERVICE AND ANY SOFTWARE PROVIDED TO YOU BY Orange Bear ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS; Orange Bear DOES NOT WARRANT THAT THE SERVICE OR ANY SUCH SOFTWARE WILL BE ERROR-FREE AND/OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT CONTENT, INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE THROUGH THE SERVICE WILL BE FREE OF VIRUSES, "WORMS", "TROJAN HORSES", OR OTHER HARMFUL COMPONENTS. Orange Bear DOES NOT GUARANTEE THAT CUSTOMERS WILL BE ABLE TO ACCESS OR USE THE SERVICE AT ALL TIMES. Orange Bear MAY CHANGE, SUSPEND, OR DISCONTINUE ANY (OR ALL) ASPECTS OF THE SERVICE AT ANY TIME.

Orange Bear DOES NOT GUARANTEE THE SECURITY OR BACK-UP OF ANY OF YOUR DATA WHICH MAY BE STORED ON A REMOTE COMPUTER BY MEANS OF THE SERVICE; YOU ARE SOLELY RESPONSIBLE FOR BACKING UP ANY SUCH DATA.

No Warranties, or Limited Warranties, for Devices

If Customer purchased the Device new from Orange Bear and the Device included a limited warranty at the time of purchase, Customer must refer to the separate limited warranty document for information on the limitation and disclaimer of certain warranties. If Customer's Device did not include a limited warranty from Orange Bear at the time of purchase, Customer agrees that it accepts its Device "as is" and that Customer is not entitled to replacement or refund in the event of any defect.

No Third Party Beneficiaries
No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.
Content
You understand and agree that information and access available through the Service may include controversial, sexually explicit, or other material that may be offensive to you or users for whom you are responsible. Orange Bear has no responsibility for or control over such materials, and you take sole responsibility for using any available screening software or other methods of limiting access (specifically including the access of minors) to any material you may find objectionable.
You are liable for any and all liability that may arise out of the content transmitted by or to you or Users using the Services. You shall assure that your or User's use of the Services and content will at all times comply with all applicable laws, regulations and written and electronic instructions for use. Orange Bear reserves the right to terminate or suspend affected Services, and/or remove Your or Users' content from the Services, if Orange Bear determines that such use or content doer not conform with the requirements set forth in this Agreement or interferes with Orange Bear's ability to provide Services to you or others or receives notice from anyone that Your or Users' use or Content may violate any laws or regulations. Orange Bear's actions or inaction under this Section shall not constitute review or approval of Your or Users' use or Content. You will indemnify and hold Orange Bear against any and all liability arising from the content transmitted by or to you or to Users using the Services. A "User" means any person, whether authorized or unauthorized, using the Service and/or Device provided to you.

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Privacy
Orange Bear Service utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. Orange Bear is not liable for any lack of privacy which may be experienced with regard to the Service. Please refer to our Privacy Policy at www.OrangeBear.org for additional information.

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CHANGES NOTICES
Notice to Customer of any changes to the "Terms of Service" shall be considered given by posting to the Orange Bear Web Site (currently located at http://www.OrangeBear.org) Notice will be considered received by Customer, and such changes will become binding on Customer, on the date posted to the Orange Bear Web Site and no further notice by Orange Bear is required.

 

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CHANGES TO THIS AGREEMENT
Orange Bear may change the terms and conditions of this Agreement from time to time. Notices will be considered given and effective on the date posted. Agreement posted supersedes all previously agreed to electronic and written Terms of Service.

Contact Us
Customer Care, Account Management and maintenance:
All customers care services and member area are managed by Orange Bear, contact us via info@orangebear.org
All intellectual property such as Trademark, logos, slogans, trade dress, code and software Design and graphic symbols on packaging, products, electronic communication or services are the properties of Orange Bear.

 

Appendix 1

Mobile Equipment Payment Plan

In this Mobile Equipment Payment Plan, a reference to a mobile phone includes, without limitation, a mobile phone, a mobile phone car kit, a voice and data handset and a data only handset and a 3G PC Data Card, which is confirmed by Orange Bear as ready to use with Orange Bear services in order to provide a full-scale service.

You may purchase a mobile phone and other mobile accessories from us or a participating agent by paying us the full purchase price for that equipment. Paragraphs (j) and (k) below apply to your purchase of this mobile equipment.
If you are an approved customer* we will allow you to pay for the cost of a mobile phone you purchase from us or a participating agent over a 12, 18 or 24 month period (‘equipment term'). This offer is known as the Mobile Equipment Payment Plan.
*To be an approved customer you will need to meet our credit requirements and meet the eligibility requirements of the service pricing plan you wish to connect to.
The Mobile Equipment Payment Plan is only available on condition that you connect the mobile phone to the service on an approved pricing plan.
Different Mobile Equipment Payment Plans are available depending on the mobile phone you choose and the approved pricing plan you connect to.
Details of the Mobile Equipment Payment Plans and approved pricing plans vary from time to time and are available from us and our participating agents.
Your Mobile Equipment Payment Plan may require you to pay for the mobile phone by either paying us: