Terms and Conditions

SkyTel’s provision of wireless messaging services ("Services") to You is expressly conditioned upon the following Terms and Conditions and any use or other restrictions which may be associated with the Service plan ("Plan") selected by You (collectively, the "Agreement"). Any terms and conditions proposed by You which are in addition to or which conflict with these Terms and Conditions are expressly rejected by SkyTel and shall be of no force or effect. By using the Services, You shall be deemed to have agreed to and accepted these Terms and Conditions.

1. Services. Unless restricted by Your pager, Services available include all wireless messaging services generally available through SkyTel’s Consumer Products Group. SkyTel shall provide the Services to You in accordance with the Plan selected by You.

2. Fees and Charges. You shall timely pay all fees and charges accruing hereunder. Except as may otherwise be conditioned by Your Plan or with respect to Plans conditioned on all payments being paid in advance, all payments shall be due as of the date of SkyTel’s invoice, and any balance not paid within thirty (30) days following such due date shall bear interest from and after the due date at the lesser of one and one-half percent (1½%) per month or the maximum rate of interest allowed by law. Amounts due and owing to SkyTel shall not be subject to offset or reduction for any reason. If applicable, SkyTel shall be authorized to prepare, process and negotiate credit card charge forms for any credit card account designated by You in and for all fees and charges payable by You under the Agreement. All sales, use and other such governmentally imposed or authorized taxes, fees, surcharges and/or assessments relating to the Agreement shall be paid by You. SkyTel reserves the right to modify the fees and charges for the Services; provided, however, that (i) SkyTel may increase such fees and charges only upon at least thirty (30) days’ notice to You, and (ii) SkyTel may not increase such fees and charges until expiration of the initial term of the Agreement (as defined in Section 4(a) below).

3. Disclaimer of Warranties and Limitation of Liabilities.

(a) SKYTEL, ITS EMPLOYEES, SALES AGENTS AND REPRESENTATIVES AND EBAY (COLLECTIVELY, THE "PARTIES"), MAKE NO WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE SERVICES OR THE WIRELESS MESSAGING NETWORKS THROUGH WHICH THE SERVICES ARE PROVIDED, AND HEREBY EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. Under no circumstances shall the Parties be liable to You or any other person for any loss, injury or damage, of whatever kind or nature, resulting from or arising out of any mistakes, errors, omissions, delays or interruptions in the receipt, transmission or storage of any messages, signals or information arising out of or in connection with the Services or use of the SkyTel wireless messaging network. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL THE PARTIES BE LIABLE TO YOU OR ANY OTHER PERSON FOR INDIRECT, INCIDENTAL OR SPECIAL DAMAGES, LOST PROFITS, LOST SAVINGS OR ANY OTHER FORM OF CONSEQUENTIAL DAMAGES, REGARDLESS OF THE FORM OF ACTION, EVEN IF SUCH PARTIES ARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER RESULTING FROM BREACH OF THIS AGREEMENT OR OTHERWISE.

(b) EXCEPT TO THE EXTENT AS MAY OTHERWISE BE EXPRESSLY PROVIDED IN COLLATERAL MATERIAL FURNISHED WITH YOUR PAGER, SKYTEL MAKES NO WARRANTIES AS TO ANY PAGER UTILIZED BY YOU IN CONNECTION WITH THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE.

(c) You acknowledge that the term "Guaranteed Delivery" (or terms of similar connotation), as used in conjunction with Services provisioned over SkyTel’s Advanced Messaging network, refers to certain technical functionality of the network and the ability of the network to repeatedly deliver messages to a pager for a predetermined period until receipt is acknowledged, as well as the ability of the network to make undelivered messages available for retrieval. You further acknowledges that SkyTel’s use of any such term does not constitute a representation or warranty, express or implied, regarding any of the Services.

4. Term and Termination.

(a) This Agreement shall have the term dictated by the Plan selected by You. Plans with a pre-defined number of prepaid message units shall have a term equal to (a) the term designated in the Plan, or (b) depletion of the prepaid message units, whichever occurs first. Plans based on a monthly service fee with a monthly usage allowance shall have a term as designated by the applicable Plan. The initial term of this Agreement shall commence as of the date Services first become available to You. Where applicable (and depending on the type Plan selected), SkyTel shall forward notice to You (the type of which will vary depending on the Plan selected) of the expiration of the initial term and any renewal terms of the Agreement, whereafter You shall be given the opportunity to renew the term of the Agreement for an additional like or otherwise mutually agreeable term. Notwithstanding the foregoing sentence, SkyTel shall have the right to terminate the Agreement as of the expiration of the then current term by providing at least thirty (30) days notice to You. Given the nature of certain prepaid Plans, SkyTel will not have the information necessary to give You notice of expiration and an option to renew. For such Plans, You will be required to contact SkyTel to renew Your Service account.

(b) Upon the occurrence of an event of default, SkyTel shall have the right to terminate the Agreement upon written notice to You and the failure by You to cure such default within ten (10) days following receipt of written notice thereof. As used herein, the term "event of default" shall mean (i) the failure by You to observe or perform in any material respect any of the covenants or agreements contained herein; or (ii) Your insolvency, assignment for the benefit of creditors, appointment or sufferance of appointment of a trustee, receiver or similar officer, or any voluntary or involuntary proceeding seeking reorganization, rehabilitation, liquidation or similar relief under bankruptcy, insolvency or similar debtor-relief statutes. No termination of the Agreement will relieve You from any amount due and owing to SkyTel or any liability arising from any breach of the Agreement.

5. Information Services. To the extent You utilize any information service which contains informational content and data ("Licensed Content") supplied through any third party unaffiliated with SkyTel (a "Content Licensor"), You agree to the following: (a) that the Licensed Content is the property of the Content Licensor and its licensors and may be protected by copyright, and that You shall not acquire any proprietary interest in the Licensed Content, (b) that the Licensed Content is presented solely for Your personal use, and that You shall not otherwise republish, reproduce, rebroadcast, redistribute, resell, alter or modify any headline, information or other content contained in the Licensed Content, and (c) that the Content Licensor, its licensors, SkyTel and its affiliates disclaim all warranties, including the implied warranties of merchantability or fitness for a particular purpose, for the Licensed Content and that the Content Licensor, its licensors, SkyTel and its affiliates disclaim all liability to You, including, without limitation, for any negligence or errors in procuring, editing, writing, reporting or delivering the Licensed Content, for any inaccuracies or errors in or omissions from the Licensed Content, and for any indirect, incidental, consequential or special damages arising therefrom.

6. Notices. All notices required or permitted hereunder shall be in writing, certified mail, return receipt requested, to SkyTel-CPG at P.O. BOX 2469, Jackson, Mississippi 39225-2469, Attn: Customer Service, and to You, if applicable, at the billing address designated by You when activating Your pager.