About Us



General Terms

These Terms of Service apply to Virgin Mobile's "Contract" mobile phones, devices and services. Virgin Mobile's Terms of Service for "No Annual Contract" mobile phones, devices and services are found here. Your agreement with Virgin Mobile USA, L.P. includes these Terms of Service and the terms of your Rate Plan. Please read these carefully.

The Terms of Service generally apply to the "Contract" phones we sell and services we offer to our customers, while the Rate Plan includes the rates, features and other terms for the monthly allowances for minutes, messages or data that you have agreed to purchase and to which you have subscribed. To the extent that these Terms of Service conflict with any term in your Rate Plan, these Terms of Service will govern.

Your agreement with Virgin Mobile, which includes these Terms of Service and the terms of your Rate Plan, becomes effective when you accept the terms of the agreement. You accept your agreement by doing any of the following: (1) purchasing or activating a Virgin Mobile phone; (2) giving us a written or electronic signature; (3) telling us orally that you accept; or (4) using your service after you make a change or addition. If you do not want to accept this agreement, don't do any of these things and please contact Virgin Mobile customer service immediately at 1-888-884-3546. You represent that you are at least 18 years of age when you accept this Agreement. You may not assign your rights or delegate any of your duties under this Agreement without the prior written consent of Virgin Mobile, and any attempted assignment or delegation without such consent shall be void. Virgin Mobile may assign all or part of this Agreement or your debts under this Agreement without notice.

Our Right to Make Changes

Our service is provided at our discretion. Your right to use our service is subject to our business policies, practices and procedures which we may change without providing notice to you. Unless expressly prohibited by law, we reserve the right to modify or cancel it or take corrective action at any time and for any reason, including, but not limited to, your violation of any provision of these Terms of Service or the terms of your Rate Plan. Check the Virgin Mobile website, www.virginmobileusa.com, for the most recent Terms of Service and Rate Plans. We will notify you if we make any change to these Terms of Service or the terms of your Rate Plan that are determined to be materially adverse to you 30 days in advance of such change. You can terminate service with us prior to the end of your Term without incurring any early termination fee if you notify us within sixty (60) days of receiving the notice of a materially adverse change in these Terms of Service or your Rate Plan. If you do not terminate your service within this sixty (60)-day period, you agree to accept any such changes.

Mobile Telecommunications Services

Virgin Mobile USA, L.P. provides telecommunications services using the Nationwide Sprint Network exclusively with Virgin Mobile phones and devices purchased from Virgin Mobile or an authorized retailer. You cannot use our service with any other mobile phone or device or on any other network, and you may not use your Virgin Mobile phone or device with any other service or network. Airtime may be used for domestic and international calling from the United States and for related services as provided in these Terms of Service or your Rate Plan. Virgin Mobile phones and mobile phone numbers may not be used for pager or voicemail-only service, and Virgin Mobile may terminate any account if usage is limited to pager service or voicemail retrieval service.

The Virgin Mobile service is for personal use only. You may not use our service in a manner that interferes with another Virgin Mobile customer's use of our service. We have determined that our ability to provide good service may be impaired when customers place abnormally high numbers of calls, send or receive unusually high numbers of messages, or repeatedly place calls of unusually long duration, relative to typical usage by other Virgin Mobile customers on similar service plans. Such atypical usage suggests that a mobile phone is being used other than for personal use in violation of these Terms of Service. Unlimited voice services are provided solely for live dialog between two individuals. Unlimited voice services may not be used for monitoring services, data transmissions, or other connections that do not consist of uninterrupted live dialog between two individuals.

You agree not to use Virgin Mobile services in any way that is illegal, fraudulent or abusive, as determined by Virgin Mobile in its sole discretion. You may not alter any of the hardware or software on your Virgin Mobile phone for any purpose. We may change your mobile phone's software, applications or programming remotely and without notice. This may affect stored data or other personal information or programming on your mobile phone for which we are not responsible. Virgin Mobile phones may not be purchased in bulk or sold to third parties.

The software and content on the Virgin Mobile phones and devices, including the operating system, applications, data, information, music, games, images, text and other material, are owned by Virgin Mobile and/or its business partners. You are permitted to use this software and content solely in connection with your use of the Virgin Mobile phone with our service as expressly authorized under these Terms of Service. You may not distribute or upload any pre-loaded software or content to another device or transmit or broadcast the software or content, or otherwise copy or use the software or content in any manner not expressly authorized under these Terms of Service or, with respect to any downloaded content or applications, any other governing terms of use. If you violate any material term of these Terms of Service, including without limitation by using a Virgin Mobile phone or device on another network without our prior written consent, by modifying any hardware or software on a Virgin Mobile phone or device, or by distributing, copying or otherwise using any of the software or content on a Virgin Mobile phone in a manner that is not authorized by these Terms of Service, your license to the software and content shall terminate immediately and your continued use will constitute copyright infringement.

Service is only available in geographic areas covered by the digital service network footprint of the Sprint Nationwide Network. Local phone numbers may not be available in certain Sprint and affiliate markets.

Wireless services use radio transmissions and are therefore affected by limitations. Coverage is not available everywhere. Quality of service may be affected by conditions within and beyond our control, including atmospheric, geographic, or topographic conditions, or by you damaging your mobile phone. We do not warrant or guarantee that service will be available at any specific time or geographic location, or that service will be provided without interruption. We may give credit for continuous service interruption of more than 24 hours on a case-by-case basis, if such interruption was reasonably within our control, and if you notify Virgin Mobile customer service at 1-888-884-3546 within seven days of the interruption. Any statements or maps provided by us, our agents, or dealers about coverage are only intended to provide high-level estimates of our coverage areas when using our service outdoors under optimal conditions and do not mean that service will be available under all circumstances, at all times or without interruption. Estimating wireless coverage and signal strength is not an exact science. There are gaps in coverage within our estimated coverage areas that, along with other factors both within and beyond our control, may result in service interruptions, slower data speeds, or otherwise impact the quality of service. You should therefore never solely rely on your mobile phone for emergency calls, such as to 911.

Rates that vary based on the time of a call will be determined based on the location of the network equipment providing service for a particular call and not the location of your mobile phone or your mobile phone's area code. Airtime usage is measured from the time the network begins to process the call (before the phone rings or the call is answered) through the network's termination of the call (after you hang up). Therefore, call time data displayed on your mobile phone may be inaccurate and may not be relied upon for billing purposes.

Term/Termination

A one (1) year minimum term ("Term") will apply to your account. You agree to maintain service with us for the minimum Term, unless we terminate your service earlier in accordance with these Terms of Service. After you have satisfied your Term, this agreement will automatically renew on a month-to-month basis until you or we terminate service. Periods of suspension do not count toward fulfillment of your Term. You are responsible for all fees and service charges incurred prior to the date of termination and will not be entitled to any credits or refunds. We will treat any attempt to "port," or take your phone number to another company, as your request to terminate service upon successful porting of your number. You remain responsible for any fees (including early termination fees) and service charges through the end of your current monthly billing cycle.

Early Termination Fee

If you cancel service during the Term, or if we terminate it prior to fulfillment of your Term for your violation of these Terms of Service or your Rate Plan or for any other reason, you will be liable for an early termination fee of up to $175 for each wireless number or other account terminated. The early termination fee applies only to the extent permitted by law and does not apply if you terminate service during the first thirty (30) days of your Term or within sixty (60) days of any change to these Terms of Service or the terms of your Rate Plan during your Term that are determined to be materially adverse to you. You agree that the addition of a tax or surcharge or an increase in any applicable tax or surcharge shall not be deemed to be a material adverse change. For new Terms or renewal Terms beginning on or after January 1, 2009, the early termination fee will be reduced by $5.00 for each full month paid toward your minimum Term that you complete based upon the date you cancel service. Payment of the early termination fee does not satisfy other outstanding obligations you may owe to us, such as equipment-related charges or charges for services already used but not yet billed at the time of cancellation.

The early termination fee is part of our rates and is payable at the end of your current billing cycle along with any outstanding charges for service.

International Roaming

If you use your Virgin Mobile phone while roaming in certain countries, international roaming, messaging, data, and usage charges will apply.

Billing

You will be charged a monthly Membership fee, other Membership-related charges, applicable taxes, surcharges and other fees. We will send you a bill that summarizes your monthly charges or, if have elected electronic billing, we will send you email notification that your statement is available to view online at www.virginmobileusa.com. Your billing statements for the previous twelve (12) months are available online at www.virginmobileusa.com. You may also request an additional printed billing summary statement] by calling Virgin Mobile customer service at 1-888-884-3546 for an additional processing fee. If you deactivate your service or change your phone number, you may obtain your account history by contacting Virgin Mobile customer service at 1-888-884-3546. Virgin Mobile will bill you monthly for service and you agree to pay us in a timely fashion any amounts due for a mobile phone, service, taxes, surcharges, and any other related charges. Some billing may be delayed and your bill may reflect charges incurred before the current month. Charges for monthly service allotments and other charges are billed one month in advance, while charges for certain features, including directory assistance, text messaging, data services and Internet access, may be billed in arrears. You agree to pay all charges associated with your account, including all charges for products you accept or access that have an additional charge, including directory assistance calls ("411" or "0") and other premium services. Unless otherwise specified in your Rate Plan, unused monthly allotment of minutes from one monthly billing cycle do not carry over to the next monthly billing cycle.

We may elect to offer discounts or other benefits for certain accounts for additional lines of service billed on a single bill or accounts that may share minutes. We refer to these accounts as "Family Plan(s)". Data charges may apply to each line on a Family Plan as set forth in the applicable Rate Plan. We may determine, in our sole discretion, which line(s) will and will not be eligible for a discount and the amount of any discount, including when you change plans or add or remove upgrades and enhancements. A minimum Term, activation fee, early termination fee, taxes and fees, and other restrictions and conditions may apply to each additional line of a Family Plan. We may also place a maximum or minimum limit on the number of lines that may be placed on a Family Plan and may require an activation fee for each line of service activated on a Family Plan. We may place other restrictions or conditions on Family Plans. Additional terms, conditions and restrictions may be applicable to the activation and maintenance of a Family Plan.

Unless otherwise specified in your Rate Plan, if you use all of the anytime minutes associated with your plan before a new monthly billing cycle starts, you will be charged 35¢ for each additional anytime minute you use provided that you have a sufficient balance in your account. Night minutes must be used between 7:00 p.m. and 7:00 a.m. Monday-Friday, and weekend minutes must be used between 7:00 p.m. Friday and 7:00 a.m. Monday. Each minute of a call will be billed according to the time or date applicable to that minute. Calls are billed in one-minute increments, with a minimum time per call of one minute. Call times are rounded up to the nearest whole minute. International calls are billed at the international per-minute rate for the country you are calling plus your standard airtime rate. International rates vary.

Services that have both cash and minutes-denominated components, such as international long distance or 411 directory assistance, will be charged to you and deducted from anytime or night and weekend minutes.

Auto Bill Pay allows you to set up an automatic monthly payment for your Virgin Mobile account. You can choose to have your bill paid automatically each month from a credit card or debit card. Once you set up Auto Bill Pay, your monthly payment will automatically be charged to the payment method you selected 20 days after your bill cycle date.

Payments, Late Fees & Deposits

Payment is due in full on the date stated on your bill. If we do not receive payment in full by the due date, we may do one or more of the following: (1) to the extent permitted by law, charge you a late fee of up to one and one-half percent (1.5%) per month (18% annually), or a flat $5 fee per month, whichever is greater on unpaid balances; (2) charge you for any collection agency fees billed to us for trying to collect from you; (3) suspend your service (though monthly charges will continue to accrue until the account is canceled); (4) bill you a reasonable fee to reinstate a suspended account; and (5) terminate this agreement (and charge you an early termination fee if the agreement is terminated prior to the end of your Term).

If we bill you on behalf of your use of a third-party's service, we will apply any payments received from you first to charges you have incurred with us. We may use a collection agency, and you agree to pay any collection agency fees, if your account remains unpaid for a period of sixty (60) days from the due date on your bill. Our acceptance of late or partial payments does not constitute a waiver of our right to collect full and timely payment from you. We may assess a charge of up to $25, depending upon applicable law, for each check that is returned to us or dishonored, and may immediately suspend or terminate your service. We may require a deposit from you to initiate or maintain service with us. The amount of any deposit (and the length of time that we hold the deposit) may vary based on your credit history, your payment history and the Rate Plan that you select. You agree that we can apply any deposit to any amount that remains unpaid from you for a period of sixty (60) days after the due date on your bill. If we require a deposit, we will pay simple interest on the deposit if required, at the rate the applicable law (if any) calls for. Please retain your evidence of deposit. A refundable deposit will only be returned after at least twelve (12) consecutive payments are made in full and on time, or until service is terminated. If your service is terminated for any reason, we may keep and apply the deposit to any outstanding charges or fees that you owe to us first, including any early termination fee that may apply. You agree that we can apply deposits, payments, or prepayments in any order to any amounts you owe us on any account. We will send any remaining deposit to your last known address ninety (90) days after your service is terminated. You cannot use a deposit to pay any bill unless we agree to this method of payment. We refund final credit balances of less than $1 only upon request.

We may establish a credit limit on your account depending on your credit history, your payment history and the Rate Plan that you select. If your account balance exceeds the limit set for you, we may immediately suspend your service or features, even if your account is not past due, until the balance is brought below the limit that we have set.

Credit Checks and Credit Information

We agree to provide service to you on the condition that you have and maintain satisfactory credit. You agree to provide information that we may request or complete any application that we may provide to you in connection with our offering service. We rely on the information that you provide to us, information from credit bureau reports and other information, including your payment history with us, to determine whether your credit is or remains satisfactory for service. You authorize us to check your credit history at any time and you agree that we may provide your payment history and other account information to any credit reporting agency or clearinghouse.

Payment Methods

You must provide us with accurate billing information, including legal name, address, mobile phone number, and credit card/billing information, and report all changes to this information immediately. We must have your Place of Primary Use ("PPU"). Your PPU will be your residential street address (if your wireless service is primarily for personal use) or your business street address (if your wireless service is primarily for business use). The address must be within a Virgin Mobile service area, and you agree to provide Virgin Mobile with your PPU and to notify Virgin Mobile immediately of any changes in your PPU. If you have decided to have your account with Virgin Mobile paid by your credit/debit card, your account will be automatically charged for the full amount of each bill when rendered; you agree to maintain valid and current account information on file with Virgin Mobile at all times.

We do not charge amounts to your registered credit card or debit card following (1) your removal of the registered payment method through our website at www.virginmobileusa.com or by calling Virgin Mobile customer service at 1-888-884-3546 or (2) deactivation of your service.

Taxes and Surcharges

Stated prices for our service options do not include certain taxes or surcharges. Virgin Mobile charges state and local sales taxes, as well as surcharges for federal and state Universal Service Fund contributions and state and local 911 fees. Charges may also include a cost recovery surcharge. The amount of these surcharges is subject to change and may vary from time to time and by geographic area. Surcharges are assessed to help defray our costs incurred in complying with federal and state telecommunications regulations. Surcharges are not taxes or fees that the government requires from consumers. Taxes, fees and surcharges are subject to change without notice.

Messaging

You can send and receive text messages of up to 160 characters including the address and subject line, or picture messages with audio and up to 500 characters on your Virgin Mobile phone. Standard message rates as set forth in your Rate Plan apply when a message is sent or received, whether it is read or viewed. Unless otherwise specified in your Rate Plan, unused monthly allotment of messages from one monthly billing cycle do not carry over to the next monthly billing cycle.

Preventing Spam

If you are receiving unwanted text messages ("spam"), contact the source and unsubscribe or remove your mobile phone number from the service. You will not be charged for Virgin Mobile service alerts.

Blocking Messages

You have the ability to block text messages from up to ten telephone numbers or email addresses by visiting the Messaging Settings page on the Virgin Mobile website (www.virginmobileusa.com). You may edit your preferences at any time.

Unsolicited Messages

If you intentionally send spam from your Virgin Mobile phone, we may terminate your service without further notice.

Data Services

Virgin Mobile provides wireless data services, which allows you wireless access to such services using your Virgin Mobile phone.

Certain mobile phones used with computers have a minimum software and hardware requirement for the computer that the mobile phone is being used with.

Data Usage on Your Virgin Mobile Phone

Unless your Rate Plan otherwise specifies, data usage is measured in bytes, kilobytes and megabytes - not in minutes or time. Data transmissions are rounded up to the next kilobyte, so each data session will be at least 1 KB. You are charged for all data sessions, including those that you did not initiate that are directed to your Virgin Mobile phone. Unless otherwise specified in your Rate Plan, unused monthly allotment of kilobytes from one monthly billing cycle do not carry over to the next monthly billing cycle.

Specific Terms and Restrictions on Using Data Services

You are responsible for all data activity from and to your mobile phone, regardless of who initiates the activity. Estimates of data usage will vary from actual use. You may not use the Data Service: (1) with server devices or host computer applications, including, but not limited to, Web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections or peer-to-peer (P2P) file sharing or other systems that drive continuous heavy traffic or data sessions, (2) as a substitute or backup for private lines or frame relay connections, (3) with "auto-responders," "cancel-bots," or similar automated or manual routines which generate excessive amounts of net traffic, or which disrupt net user groups or email use by others, (4) to send "spam" or unsolicited commercial or bulk email (or activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email), or (5) for any activity that adversely affects the ability of other people or systems to use either Virgin Mobile wireless services or other parties' Internet-based resources. Virgin Mobile reserves the right to limit, suspend or terminate without notice any misuse or use that adversely impacts our network performance or hinders access to our network.

Data Services and Content

Data services available through your Virgin Mobile phone or device may allow you to access the Internet, text, pictures, games, graphics, music, email, sound and other materials ("Data Content") and send Data Content elsewhere. Some Data Content is available from Virgin Mobile or our business partners, while other Data Content can be accessed from other third-party websites or services. Data Content may be: unsuitable for children/minors and unreliable, inaccurate; or offensive, indecent, or objectionable. You are solely responsible for evaluating the Data Content accessed by you or anyone using your Virgin Mobile phone or device. We strongly recommend that you monitor Data Content access by children or minors. Prior to accessing certain Data Content which may be inappropriate for children/minors, we may require you to provide some personal information in order to verify that you are at least 18 years of age. Data Content from third parties may also harm your Virgin Mobile phone, device or its software. To protect our network or services, or for any other reason, we may place restrictions on accessing certain Data Content, impose separate charges, limit the amount of data you can access or transfer, or otherwise limit or terminate services.

Unless otherwise indicated, Virgin Mobile does not endorse the Data Content, features, or software that our business partners use to enhance your Virgin Mobile experience. Your relationship with our partners is between you and them. While Virgin Mobile supports your use of your Virgin Mobile phone to access partner Data Content, it specifically MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, PERFORMANCE, ACCURACY OR EFFORTS CONCERNING any other entity or whose services or Data Content you may utilize or otherwise access while using your Virgin Mobile phone. Virgin Mobile also has no control whatsoever over the Data Content on any partner site that you may access via your Virgin Mobile phone. We strongly recommend that you use good judgment and care in sharing any personal information about yourself while communicating and interacting with any website. Please do not modify, make, upload or download any Data Content that would violate anyone's intellectual property rights, including copyright laws.

In the event that you lose access to Data Content you have purchased, regardless of the reason for such loss, including without limitation the failure of your mobile phone or computer, Virgin Mobile will not be required to make such Data Content available to you free of charge, although Virgin Mobile may, in its sole discretion, make commercially reasonable efforts to do so.

Virgin Mobile's rights to license to you certain of the Data Content may expire or may be changed, at any time and without notice. In such event, Virgin Mobile will not extend your rights to such Data Content, and will not provide any reimbursement of any fees or other amounts paid to Virgin Mobile in connection with such Data Content, although you may contact Virgin Mobile to request replacement Data Content. Virgin Mobile will not be required to provide any such replacement Data Content, although Virgin Mobile may, in its sole discretion, make commercially reasonable efforts to do so.

Additional Charges

There is a charge of $1.75 for each call to directory assistance, plus airtime charges.

An activation fee of up to $30 may apply to activations of each wireless phone number. The amount and details of the applicable activation fee are set forth in your Rate Plan.

All rates are subject to change without prior notice, and additional surcharges and taxes may apply.

Calls are billed in one-minute increments, with a minimum time per call of one minute. Call times are rounded up to the nearest whole minute. International calls are billed at the international per-minute rate for the country you are calling plus your standard airtime rate. International rates vary.

Connectivity charges may vary depending on time, location, network area, number dialed and services used.

If you have been asked to pay a deposit, you may not have access to international service. Multiple charges may apply to some calls. Multiple types of charges may apply to multiple simultaneous calls utilizing some services, such as call waiting, call forwarding, or three-way calling.

All mobile phones purchased directly from Virgin Mobile, or from one of our authorized resellers, include a one-year warranty from the original equipment manufacturer.

Additionally, some of the products are subject to the limited warranty of the third-party manufacturer, which is passed through Virgin Mobile to you at no additional charge. Virgin Mobile will comply with all reasonable requirements necessary to provide the benefits of these third-party warranties to you. See our "Hardware Warranty Policy" for information on contacting us about warranty claims, available at www.virginmobileusa.com.

If you experience an equipment malfunction, call Virgin Mobile customer service at 1-888-884-3546 and we will arrange for a replacement mobile phone.

Please contact Virgin Mobile customer service at 1-888-884-3546 or visit our website at www.virginmobileusa.com for additional pricing information or answers to any questions about our services. Calls to Virgin Mobile customer service may be monitored and recorded for quality assurance.

Disputed Charges

If you think that there has been an error in any charge posted to your account, you must notify us within thirty (30) days after the charge is posted to your account to request an adjustment. Call Virgin Mobile customer service at 1-888-884-3546 and one of our advisors will help investigate your claim. If you do not notify us within this thirty (30)-day period, you waive any right to dispute the charge, including in arbitration or a court proceeding. You accept all charges not properly disputed within this thirty (30)-day period. Undisputed charges must be paid as stated on your bill, but we will credit, refund or provide other compensation to you if we determine that the disputed charge was inappropriate and was raised by you in a timely manner. If we credit, refund or provide other compensation to you to settle a disputed charge, you agree that the dispute is fully and finally resolved and not subject to further proceedings. Disputes can be made by calling Virgin Mobile customer service at 1-888-884-3546 and one of our advisors will investigate your claim. We are not liable for any charges for products or services provided by third parties through and for use on our network, regardless of the date on which you report it. If an unauthorized or disputed charge for a third-party product or service appears on your statement, you must contact that third party directly. Third-party contact information is available on your statement, as well as by calling Virgin Mobile customer service at 1-888-884-3546.

If we have attempted to charge your credit card for a charge that we deem is authorized and valid under these Terms of Service, and the credit card company withholds such payment because the charge has been disputed (a "Chargeback"), we reserve the right to suspend your access to our service for up to thirty (30) days until the Chargeback is reversed. If the Chargeback is not resolved and reversed, your account will be terminated at the end of the thirty (30)-day period and you may be responsible for an early termination fee. If your account is reactivated, you may be charged a fee for each Chargeback. If there are multiple Chargebacks associated with your account or we suspect or confirm any fraudulent activity in connection with your payments, we may, without limiting any other rights available to us, terminate your service.

Cancellations and Returns

You can terminate service without paying an early termination fee if you cancel service and return your mobile phone within thirty (30) days of the original date of purchase of your first mobile phone (or for customers migrating or porting from another service, thirty (30) days from the day the migration or port is complete). You remain responsible for payment of all service charges, taxes, fees and surcharges incurred through the date of cancellation.

If you return your mobile phone in a like-new condition with no visible damage within thirty (30) days of date of purchase (or if you migrated or ported from another service, thirty (30) days from the day the migration or port is complete), and you purchased such mobile phone directly from Virgin Mobile or a Virgin Mobile-authorized dealer, you will be provided a refund of the amount you paid for the mobile phone (less any shipping and handling costs) and any activation fee. You must have the original receipt, packaging materials and all components. During the thirty (30)-day time period, one exchange of a mobile phone per new activation and one exchange of an accessory is permitted per purchase. Exchanges for other device/accessory with different retail prices than the initial device/accessory are subject to payment of the difference between the price of the original and the new device. If the price of the new device is less than the price of the old device, a credit for the difference will be applied to the account. A device received as part of Virgin Mobile's Device Upgrade Program is not eligible for return or exchange under the Total Happiness Guarantee. Visit our website at www.virginmobileusa.com for details regarding the Device Upgrade Program return policy. Devices delivered pursuant to insurance claims cannot be returned or exchanged under the Total Happiness Guarantee, though equipment warranty rules may apply.

Please contact Virgin Mobile customer service at 1-888-884-3546 for instructions on how to return mobile phones purchased directly from us or visit www.virginmobileusa.com for details about the Total Happiness Guarantee. Phones purchased at a retail store may be returned to that store in accordance with the store's return policy. Please repack the mobile phone and all components and bring it to the store at which you purchased it.

Lost or Stolen Equipment

If your mobile phone is lost or stolen, you are responsible for charges incurred until you notify us of the loss of your mobile phone by visiting our website (www.virginmobileusa.com) or by calling Virgin Mobile customer service at 1-888-884-3546. Upon receiving notice that your mobile phone is lost or stolen, Virgin Mobile will suspend your account. If you do not either activate a new Virgin Mobile phone or notify us that you have found your old mobile phone within 60 days of the suspension of your account, you will lose your Virgin Mobile phone number and any account balance.

Mobile Phone Number

The mobile phone number we provide for your use is and will remain the property of Virgin Mobile. We may give the mobile phone number to another customer without telling you if you cancel your service with Virgin Mobile in order to use another mobile service (unless you transfer the mobile phone number to another telecommunications provider in accordance with applicable regulations), or if your account expires and is deactivated. We may also change your number at any time, although we will notify you prior to any change. You can request to change your mobile phone number up to three times each year.

Keeping Your Old Phone Number

Depending on where you live, you may transfer an existing wireless or wireline carrier telephone number to your Virgin Mobile service for use as your mobile phone number. To switch an existing phone number to Virgin Mobile, contact Virgin Mobile customer service at 1-888-884-3546 and we will walk you through the process. Virgin Mobile will not charge you to transfer your existing non-Virgin Mobile telephone number to your Virgin Mobile phone. Before you call, please have a bill from your existing wireless or wireline carrier available. When you switch from another wireless carrier to Virgin Mobile, you may have to pay a termination penalty if you terminate your contract early. Virgin Mobile will not reimburse you for any termination fees imposed by other carriers.

You will not be able to switch your area code without receiving a new local number from Virgin Mobile as well. For example, if you move from San Francisco to New York City, and your San Francisco number was 415-123-4567, you may keep 415-123-4567 as your number, but you may not switch your number to 212-123-4567. Although you may keep your old number and old area code, you should be aware that your New York friends may pay long distance charges when they call your San Francisco number from the New York area.

Acceptable Use of Virgin Mobile Products and Services

You may not use Virgin Mobile's service for any illegal purpose, including to harass, threaten, abuse, defame, or slander any individual or entity. You may not use our service in a manner that interferes with another Virgin Mobile customer's use of our service.

Virgin Mobile and its business partners provide messages, data, information, music, games, images, text or other material for your private, non-commercial use only. You may not sell or resell this Data Content. You may not upload and transmit or broadcast this Data Content in public places. These uses are expressly prohibited by Virgin Mobile. You will be solely responsible if you engage in any unauthorized use of this Data Content.

Content Objectionable or Offensive to Third Parties

You may not publish, copy, reproduce, upload, download, post, distribute, edit, modify, or otherwise transmit ("Post") any content that is unlawful, libelous, defamatory, slanderous, obscene, pornographic, harassing, threatening, abusive, harmful, or otherwise objectionable or that infringes upon or otherwise violates others' rights, including privacy rights.

Unlawful Content

You may not Post any content that encourages or is in furtherance of an unlawful, criminal, or fraudulent activity or that violates any Virgin Mobile rule or policy.

Soliciting Information

You may not Post any content that solicits any information from other customers or involves any commercial activities, including advertisements.

Infringing Content

You may not Post any content that may infringe on or otherwise violate any patent, trademark, trade secret, copyright, or other intellectual property or proprietary right of any person. Infringement may result from the unauthorized copying, posting, editing, modifying or distributing of any content, including ringtones, graphics, pictures, photographs, logos, software, articles, music, games, or videos. By Posting any content, you represent that you have legal rights to use, distribute, and publish such content.

Harmful Content

You agree not to Post any content that contains viruses, worms, time bombs, or other similar programs that would interfere with or disrupt our provision of services.

Removal of Objectionable Content

We reserve the right, in our sole discretion, to remove or delete any content that you Post on our service that violates these Terms of Service or is otherwise deemed objectionable by us in our sole discretion. We may delete content that you have downloaded to your personal vault or limit the amount of content that you may download during any given period.

Suspension or Termination of Service

We reserve the right to issue a warning and to suspend or terminate your access to the www.virginmobileusa.com website or to our service at any time should we determine in our sole discretion that you have violated these Terms of Service or any other rule or policy of Virgin Mobile, or for any other reason in our sole discretion.

Disclosure of Content

To comply with appropriate legal process, Virgin Mobile may disclose to law enforcement authorities any information, including your name, account history, account information, or other transmission data requested by law enforcement. We also may disclose to third parties any content necessary to respond to claims that such content violates the rights of third parties or to protect the rights and property of Virgin Mobile.

Storage of Content

Some content may not be stored or processed because of personal vault memory limitations. You agree that Virgin Mobile is not liable for the deletion of or failure to store content, and, in compliance with the terms of this agreement, you should store photographs and other information permanently by using another means, such as a CD-R or personal computer. Content may expire within 60 days of its original download or use unless you otherwise request its retention and/or preservation. A password may be required to access the contents of your personal vault. Use of certain applications requires the use of a compatible mobile phone or other device and is subject to certain functionality limitations such as memory, processor speed, and graphics capability. Not all applications will work on all Virgin Mobile phones and equipment, and some applications may not be available in all areas. Use of certain applications may require the disclosure of personal information subject to the policies of the developers of such applications.

Location-Based Services

Location-based information is information that indicates the location of your Virgin Mobile phone. When you turn on your mobile phone and use any of our location-based services, your device automatically communicates with our network and relays its current location. The accuracy of location services may be affected by circumstances beyond our control, including atmospheric, geographic or topographic conditions. We do not warrant or guarantee that location services will be available at any specific time or geographic location, or that service will be provided without interruption.

By using our location-based services, you consent to have us electronically collect, monitor and track your physical location and the location of your mobile phone. We collect and disclose your location information only to provide you with the location-based services you have requested, or in emergency situations as prescribed by law. If you allow other users to use your mobile phone, you are responsible for informing these users that their location information may be collected or disclosed. We will not provide your location information to third parties without your consent other than as prescribed by law.

Any information that is collected, monitored or tracked regarding your physical location or the location of your mobile phone will not be retained longer than is necessary to provide the location-based services you have selected.

Other Programs and Services

Virgin Mobile Website

You may use our website located at www.virginmobileusa.com to manage your account, make payments, view our content and learn more about our products and services. Any use of the Virgin Mobile website is subject to the terms set forth in the Terms of Website Use and Privacy Policy, which are available on our website at www.virginmobileusa.com.

Recording Calls

Certain Virgin Mobile devices may allow you to record phone calls. You should keep in mind that recording calls without each participant's consent could be illegal. You agree to always let the other party or parties to a call know that you would like to record a call and get their permission before starting to record the conversation.

Teletype ("TTY") Access

For information concerning TTY access for the hearing-impaired, please contact Virgin Mobile customer service at 1-888-884-3546.

Pay-Per-Call Services

Virgin Mobile will not directly complete any calls to 1-900, 1-976 or other pay-per-call services.

Safety and Security

Virgin Mobile is not responsible for the content or security of voicemail, email or contact lists you create. We urge you to create a password to access your voicemail.

Always use your device in a safe manner that does not create a risk to your safety or the safety of others around you. While driving, always use a hands-free device for voice calls on your Virgin Mobile phone and never use your mobile phone to send text messages. Always use your Virgin Mobile phone in accordance with all applicable laws and regulations.

Limitation of Liability

Unless prohibited by law, we agree to limit claims for damages or other monetary relief against each other to direct and actual damages. You agree that Virgin Mobile and its business partners are not liable to you or any third party for any indirect, special, incidental, consequential, exemplary or punitive damages of any kind, including lost profits (regardless of whether we have been notified that such loss may occur) by reason of any act or omission in our provision of products or services or under any legal theory, including fraud, misrepresentation, breach of contract, personal injury, product liability or any other theory. Virgin Mobile assumes no risk or responsibility for your use of any of the content provided as part of our services. We are not liable (1) for any act or omission of any other company furnishing a part of our service or any equipment provided for such service, (2) for errors or omissions of any vendors participating in offers made through us, (3) for any damages that result from any product or service provided by or manufactured by third parties, or (4) any unauthorized or disputed charges for Virgin Mobile services that appeared more than thirty (30) days earlier on your account statement and which you did not properly dispute within thirty (30) days after the charge was posted to your account. You acknowledge that no fiduciary or other special relationship exists between you and Virgin Mobile, by virtue of these Terms of Service or your use of Virgin Mobile phones and services. You also agree we are not liable for missed voice mails, or deletions of messages from your voice mail system (if you have one), even if you have saved them.

Indemnification

You agree to indemnify and hold harmless Virgin Mobile and its affiliates and their respective officers, agents, partners and employees, from any and all liabilities, settlements, penalties, claims, causes of action and demands brought by third parties (including any costs, expenses or attorneys' fees on account thereof) resulting from your use of Virgin Mobile products and services, or another person whom you authorize to use your products or services, whether based in contract or tort (including strict liability) and regardless of the form of action.

Warranties

We do not manufacture our cell phones or other equipment. The only warranties applicable to such devices or equipment are those extended by the manufacturers. We have no liability, therefore, in connection with mobile phones and other equipment or for manufacturers' acts or omissions. WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS AND SERVICES PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, AND TO THE EXTENT PERMITTED BY LAW, WARRANTY OF TITLE, WARRANTY THAT A PRODUCT OR SERVICE IS FIT FOR A PARTICULAR USE OR WARRANTY OF MERCHANTABILITY. WE EXPRESSLY DISCLAIM ANY AND ALL IMPLIED WARRANTIES. WE DON'T PROMISE ERROR-FREE OR UNINTERRUPTED SERVICE AND DON'T AUTHORIZE ANYONE TO MAKE WARRANTIES ON OUR BEHALF.

Safety and Security

Virgin Mobile is not responsible for the content or security of voicemail or contact lists you create. We urge you to create a password to access your voicemail. If you use your Virgin Mobile device to access company email or information, it is your responsibility to ensure that your use complies with your company's internal IT and security procedures.

Always use your device in a safe manner that does not create a risk to your safety or the safety of others around you. To protect your safety, do not use your Virgin Mobile phone while driving and never use your device while driving in locations that prohibit such use. If you need to make or answer a call while driving, park your vehicle in a safe area before making or answering a call. Become familiar with your device and its features. Only use your device with approved accessories available at a Virgin Mobile store or authorized distributor.

Use of Your Customer Information

When you agree to these Terms of Service, you also agree to the terms of our Privacy Policy (available at www.virginmobileusa.com). This policy may change from time to time and includes important information on what data we collect about you, how we use this data and with whom we share that data.

In the course of providing service to you, we may collect certain information made available to us solely because of our relationship with you, including information regarding the nature and type of your service and the calls that you place and receive. We always will handle this data, so-called "Customer Proprietary Network Information" ("CPNI") in accordance with Federal Communications Commission regulations, federal consumer privacy laws and the Virgin Mobile USA Privacy Policy. We take reasonable steps to protect CPNI and your other personal information from unauthorized use or disclosure. Except as contemplated by the Privacy Policy, we will not intentionally share your personal information without your permission. We may, from time to time, use the information you provide us to market services to you that may be related to our service offerings. You will have the opportunity to choose whether you would like to receive text messages, email, direct mail and other updates from Virgin Mobile and its partners about new products, special promotions and important service information by editing your profile at www.virginmobileusa.com (log in and select Account Info and then Contact Info), or by calling Virgin Mobile customer service at 1-888-884-3546.

Dispute Resolution

We each agree to contact each other first with any disputes. You must contact us with any dispute by calling Virgin Mobile customer service at 1-888-884-3546 or writing us at Virgin Mobile USA, L.P., 10 Independence Blvd., Warren, NJ 07059, and providing a description of the problem, all relevant documents/information and the proposed resolution. We will contact you at your billing address or on your mobile phone. We each agree to negotiate in good faith to resolve any dispute. You agree to pay all amounts reflected on the bill, even while a dispute is being resolved.

No Trial By Jury

To the extent permitted by law, if a claim proceeds in court, we each also waive any right that we may have to trial by jury in any lawsuit or other proceeding.

Limitation of Liability

Unless prohibited by law, we agree to limit claims for damages or other monetary relief against each other to direct and actual damages. You agree that Virgin Mobile and its business partners are not liable to you or any third party for any indirect, special, incidental, consequential, exemplary or punitive damages of any kind, including lost profits (regardless of whether we have been notified that such loss may occur) by reason of any act or omission in our provision of products or services or under any legal theory, including fraud, misrepresentation, breach of contract, personal injury, product liability or any other theory. Virgin Mobile assumes no risk or responsibility for your use of any of the content provided as part of our services. We are not liable for (1) any act or omission of any other company furnishing a part of our service or any equipment provided for such service, (2) errors or omissions of any vendors participating in offers made through us, (3) any damages that result from any product or service provided by or manufactured by third parties, or (4) any unauthorized or disputed charges for Virgin Mobile services that appeared more than thirty (30) days earlier on your account statement and which you did not properly dispute within thirty (30) days after the charge was posted to your account. You acknowledge that no fiduciary or other special relationship exists between you and Virgin Mobile, by virtue of these Terms of Service or your use of Virgin Mobile phones and services. You also agree we are not liable for missed voice mails, or deletions of messages from your voice mail system (if you have one), even if you have saved them.

Indemnification

You agree to indemnify and hold harmless Virgin Mobile and its affiliates and their respective officers, agents, partners and employees, from any and all liabilities, settlements, penalties, claims, causes of action and demands brought by third parties (including any costs, expenses or attorneys' fees on account thereof) resulting from your use of Virgin Mobile products and services, or another person whom you authorize to use your products or services, whether based in contract or tort (including strict liability) and regardless of the form of action.

Warranties

We do not manufacture our cell phones or other equipment. The only warranties applicable to such devices or equipment are those extended by the manufacturers. We have no liability, therefore, in connection with mobile phones and other equipment or for manufacturers' acts or omissions.

WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS AND SERVICES PROVIDED HEREUNDER OR ANY SOFTWARE REQUIRED TO BE USED IN CONNECTION THEREWITH, INCLUDING, BUT NOT LIMITED TO, AND TO THE EXTENT PERMITTED BY LAW, WARRANTY OF TITLE, WARRANTY THAT A PRODUCT OR SERVICE IS FIT FOR A PARTICULAR USE OR WARRANTY OF MERCHANTABILITY. WE EXPRESSLY DISCLAIM ANY AND ALL IMPLIED WARRANTIES. WE DON'T PROMISE ERROR-FREE OR UNINTERRUPTED SERVICE AND DON'T AUTHORIZE ANYONE TO MAKE WARRANTIES ON OUR BEHALF.

Effect of Terms of Service

These Terms of Service supersede all oral or written communications and understandings between you and Virgin Mobile with respect to our products and services to you and the terms under which they are offered and provided to you. If any part of these Terms of Service is declared invalid or unenforceable, all other parts of these Terms of Service are still valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of these Terms of Service. No provision of these Terms of Service provides any person or entity not a party to these Terms of Service with any remedy, claim, liability, reimbursement, or cause of action, or creates any other third-party beneficiary rights.

Unless otherwise specified herein, any disputes of a legal nature, whether a claim, complaint, arbitration demand or otherwise, shall be subject to the exclusive jurisdiction of the federal or state courts located within the State of New York, except in the case of a customer resident in the State of California, in which case such disputes shall be within the exclusive jurisdiction of the federal or state courts of or in the California county in which the customer primarily uses Virgin Mobile's service.

Notices

You may notify us by mail (Virgin Mobile USA, L.P., 10 Independence Blvd., Warren, NJ 07059), phone (1-888-884-3546) or electronic means (via our website at www.virginmobileusa.com). Notices will be considered effective after we receive them. If you are unable to resolve your concerns with Virgin Mobile USA, you may file a complaint with the Federal Communications Commission, Washington, DC 20554. Any notice we send you will be sent to your last known residence or electronic address as shown on our records, or via text message to your Virgin Mobile phone.

Export

You agree to comply with all trade regulations and export control laws, both domestic and foreign. Virgin Mobile phones, equipment, software and any underlying information accessed or transferred by you using Virgin Mobile's services may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. § 2401, et seq.) and the Export Administration Regulations (50 C.F.R. § 730-774), as well as the import regulations of other countries. You agree not to export or re-export any Virgin Mobile phones, equipment, or software to any foreign country. Any information transferred by you using Virgin Mobile's services to any foreign country, entity, or person must comply with the U.S. Export Administration Act and the Export Administration Regulations.

Trademarks and Licenses

The Virgin name and signature and the Virgin Mobile name and logo are registered trademarks of Virgin Enterprises Limited and used under license by Virgin Mobile USA, L.P.