Virgin Mobile USA

These Terms of Service apply to Virgin Mobile's "No Annual Contract" mobile phones, devices and services. Virgin Mobile's Terms of Service for "Contract" mobile phones, devices and services are found here. Please read these carefully and save a copy.

Our service is provided at our discretion. We can modify or cancel it or take corrective action at any time without prior notice and for any reason, including, but not limited to, your violation of any of these Terms of Service. We might change our Terms of Service, including pricing, from time to time. Check the Virgin Mobile website, www.virginmobileusa.com, for the most recent pricing and Terms of Service. By purchasing, activating or using a Virgin Mobile phone or device or our service, you agree to the most recent version of our Terms of Service. By accepting this agreement, you are bound by its conditions, our rights to change its conditions and those related to your wireless service, including, without limitation, limitations on liability. If you do not agree to the most recent version of our Terms of Service, please contact Virgin Mobile At Your Service immediately at 1-888-322-1122.

Service Commitment

Your agreement with Virgin Mobile, which includes these Terms of Service, 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 or device; giving us a written or electronic signature; (3) telling using your service after you make a change or addition 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. 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

Your right to use our service is subject to our business policies, practices and procedures, including these Terms of Service, which we can change without providing notice to you. Unless expressly prohibited by law, we reserve the right to make changes to your agreement with us and the rates that we charge you. We will provide you with at least thirty (30) days' notice if we make any change to these Terms of Service that are determined to be materially adverse to you. If you do not terminate your service within thirty (30)-days of receiving the notice of a materially adverse change in these Terms of Service, you agree to accept any such changes.

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. 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.

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 programming-if it does, we are not responsible for such effect. 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 on our network 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, 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 thereof will constitute copyright infringement.

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.

The Starter Pack, which may include bonus minutes, messages, and/or Virgin XL (WAP) deck access, is offered to new customers only. You will not receive a Starter Pack if you are switching mobile phones for a previously established Virgin Mobile account.

Service is only available in geographic areas covered by the digital service network footprint of our service partners, Sprint and its affiliates. 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 At Your Service at 1-888-322-1122 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.

Service Options

Virgin Mobile provides you with the option to pay by the minute or pay by the month for your service and you may choose among several current service options described below. Several other service options have expired and are not available to new subscribers or to customers wishing to change their service plans. Customers currently on expired service plans may continue to use them until such time as we elect to cease offering these plans.

Current Service Options

Current Pay As You Go Offers

Virgin Mobile currently offers the following service options that allow you to pay by the minute for your service.

20¢ per Minute Pay As You Go Basic Rate
Pay 20¢ for each minute you use.
Pay As You Go Plan with Roll Forward
20¢ per Minute Pay As You Go Basic Rate customers may purchase Minute Packs for anytime minutes at the following prices and sizes:

$20 for 200 anytime minutes
$30 for 400 anytime minutes
$50 for 1,000 anytime minutes

Each minute that you use will be deducted from the available minutes in your Minute Pack. If you use all the available minutes in your Minute Pack, each additional minute costs 20¢. Minute Packs, including any unused Minute Pack minutes, expire 30 days from the date the Minute Pack was activated on your account unless, during the same 30-day period, you purchase another Minute Pack. If you purchase an additional Minute Pack within 30 days from your last Minute Pack purchase, you may roll forward all current unused minutes from your previous Minute Pack purchases for an additional 30 days. At no point may you roll forward more than 5,000 unused Minute Pack minutes. Anytime minutes may be used at any time on any day.

Account Status for Current Pay As You Go Offers

If you are enrolled in an ongoing Pay As You Go offer your account will remain active (the "Active Period") for 90 days after you Top-Up at least $20 (or $15 if you select the $15 Auto Top-Up option), or 45 days after you Top-Up at least $10 or $15 (consecutive $10 or $15 Top-Ups within a 45 day period may extend the Active Period up to a maximum of 90 days). During the Active Period, you may make calls and use VirginXL or VirginXtras if you have a positive account balance sufficient to pay for the services. If you do not Top-Up again during the 45-day or 90-day Active Period, your Pay As You Go account will become inactive on the day following the expiration of the Active Period. If your account is inactive, you may not make or receive calls (other than 911 emergency calls), send or receive text messages, download ringtones, or use any other services-even if you have money in your account. If you have selected our 20¢ Per Minute Pay As You Go Basic Rate offer and you purchase a Minute Pack with less than 30 days remaining in your Active Period, your account will not become inactive until the day following the expiration of the Minute Pack.

During the 60 days following the expiration of the Active Period (the "Inactive Period") you may Top-Up your account to make it active again. All of the airtime in your account will be renewed for another 90 days if you Top-Up at least $20 (or $15 if you select the $15 Auto Top-Up option) or 45 days if you Top-Up at least $10, and you will be allowed to keep your mobile phone number.

If you do not Top-Up during the 60-day Inactive Period, your Pay As You Go account will expire and we will deactivate your service. You will lose your mobile phone number and Virgin Mobile will assess you a termination charge equal to the value of the balance in your account. If your account expires and is deactivated, you must follow the activation process again in order to obtain service. You may visit our website (www.virginmobileusa.com) or contact Virgin Mobile At Your Service at 1-888-322-1122 to reactivate your account using a Top-Up card or a debit/credit card. Although you may reactivate your account, you will not be able to reclaim the cash balance or any minutes/messages that remained in your account or the mobile phone number assigned to your account before it expired.

Current Monthly Plans

Virgin Mobile offers several service options that allow you to pay by the month for your service. Just pick the monthly service offer that fits your lifestyle and you will receive the corresponding number of monthly anytime night and weekend minutes or messages.

We currently offer the following Monthly Plans for anytime minutes and night and weekend minutes:

$24.99 per month plus taxes and surcharges for 200 anytime and 500 night and weekend minutes.
$29.99 per month plus taxes and surcharges for 300 anytime and 1,000 night and weekend minutes.
$39.99 per month plus taxes and surcharges for 400 anytime and unlimited night and weekend minutes.
$49.99 per month plus taxes and surcharges for unlimited anytime minutes and unlimited anytime Mobile to Mobile minutes for calls to or from any other Virgin Mobile phone number.

Upon payment of the monthly charge for your Monthly Plan, you will receive the number of minutes associated with that plan. Unused minutes expire at the end of your monthly period and may not be used in subsequent months. If you use all of the anytime minutes associated with your plan before a new monthly billing cycle starts and you have a sufficient balance in your account, you will be charged 20¢ for each additional minute you use unless you pay a new monthly charge and restart your monthly plan. If you restart your monthly plan, you will receive the number of minutes associated with your plan and reset your payment due date based on the day of the month that you restart your monthly plan. Anytime minutes may be used at any time on any day.

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.

If you have used all of your night and weekend minutes and make a call during the night or weekend calling periods, we will deduct any bonus minutes you may have received before we deduct anytime minutes. VirginXL and VirginXtras charges are deducted from the cash balance in your account. Services that have both cash and minutes-denominated components, such as international long distance or 411 directory assistance, will be deducted from the cash balance in your account as well as from anytime or night and weekend minutes.

We currently offer the following Texter's Delight Monthly Plans for monthly domestic text, picture, email and instant messages ("Messages") plus 10¢ for each minute you use. All minutes, including night and weekend minutes, cost 10¢ each and are charged in addition to the monthly charge.

$14.99 per month plus taxes and surcharges for 1000 Messages.
$19.99 per month plus taxes and surcharges for unlimited Messages.

Upon payment of the monthly charge for your Texter's Delight Plan, you will receive the number of Messages associated with that plan. Each Message that you send or receive, including each email notification message that you receive, will be deducted from the available messages in your Texter's Delight Plan. Unused messages expire upon the next payment due date for your Texter's Delight Plan. If you use all the messages in your $14.99 Texter's Delight Plan, each additional text, instant message ("IM"), email and email notification message costs 15¢, and each additional picture message costs 25¢. Texter's Delight Plans do not include international text messages or voicemail messages.

Account Status for Current Monthly Plans

If you fail to pay your first monthly charge by midnight on the day you activate your service on a Current Monthly Plan, Virgin Mobile will immediately transfer you to the 20¢ per Minute Pay As You Go Basic Rate offer.

If you have established service on a Current Monthly Plan and do not pay your monthly charge on your payment due date, you will be charged 20¢ for each minute you use provided that you have a sufficient balance in your account. If your account balance is insufficient, your account will become inactive, which means you cannot make or receive calls (except 911 emergency calls), send or receive text messages, download ringtones, or use any other services. When you next pay your monthly charge, you will receive the number of minutes or messages associated with that plan. If payment is made more than three days after your payment due date, your payment due date will be reset based on the day you pay your monthly charge (if payment is made on or within three days after your current payment due date, your payment due date will remain the same). If, within 120 days after failing to pay a monthly charge, you Top-Up your account in an amount that is insufficient to pay that monthly charge, then upon the earlier of (1) 30 days from your last Top-Up or (2) at the end of that 120-day period, Virgin Mobile will transfer you to the 20¢ per Minute Pay As You Go Basic Rate plan. If you do not make a credit, debit, or PayPal payment or Top-Up within 120 days after you fail to pay your monthly charge, your account will expire and Virgin Mobile will deactivate your service. You will lose your mobile phone number, and Virgin Mobile will assess you a termination charge equal to the value of any balance left in your account. If your account expires and is deactivated, you must follow the activation process again in order to obtain service. Please go to our website (www.virginmobileusa.com) or contact Virgin Mobile At Your Service at 1-888-322-1122 to reactivate your account using a Top-Up card, debit card or credit card. Although you may reactivate your account, you will not be able to reclaim the cash balance or any minutes/messages that remained in your account or the mobile phone number assigned to your account before it expired.

Service Preserver Program

If you do not wish to Top-Up every 90 days to keep your mobile phone service active, you may enroll in our Service Preserver Program. The Service Preserver Program does not apply to Broadband2Go service.

If you activate on our website (www.virginmobileusa.com), select a Pay As You Go offer, and Top-Up at least $60 within any 72-hour period in the 30 days following your activation date, you will be enrolled automatically in our Service Preserver Program, which ensures that your account will not expire for one year. Although your account will remain active even if you do not Top-Up, you must have a positive account balance to use your Virgin Mobile phone. If you are on a Pay As You Go offer and do not Top-Up at least $60 within any 72-hour period in the 30 days following your activation date or if you are on a Monthly Plan, you must Top-Up $90 within any 72-hour period in order to be enrolled automatically in the Service Preserver Program. You may only qualify once for the Service Preserver Program during any one-year period starting on the date you first enrolled. After your one-year enrollment in Service Preserver expires, just Top-Up $90 within any 72-hour period to automatically enroll in our Service Preserver Program for another year. If you are enrolled in the Service Preserver Program and switch to another plan, you will retain your enrollment in the Service Preserver Program and your account will remain active for one year from the date on which you last enrolled (although you will need a positive account balance to use your Virgin Mobile phone, and if you are on the $6.99 Talk Plan you will need a sufficient balance to pay your monthly charge of $6.99 plus taxes and surcharges). If your account ever reaches a zero balance, your account will become inactive, which means you cannot make or receive calls (except 911 emergency calls), and any phone call or service for which you have not previously paid may be terminated. Simply Top-Up to begin using your Virgin Mobile phone again.

Expired Service Options

The plans described below are no longer available to new customers or to customers wishing to change service options. If you are an existing customer using one of these service options, you may continue to use your current plan until your account expires or until you switch to one of our other service options, but after that, you will not be able to switch back to these offers:

Expired Pay As You Go Offers (Other Than $6.99 Talk Plan)

18¢ Talk
Pay 18¢ for each minute you use.
20¢/10¢ Talk
Pay 10¢ per minute for Mobile to Mobile calls to or from any other Virgin Mobile phone number and 20¢ per minute for all other domestic calls.
Minute2Minute
Pay 25¢ per minute for the first 10 minutes of usage each day and 10¢ per minute for the remainder of the day.
Day2Day
Pay 35¢ every day plus 10¢ per minute all of the time. To ensure that each minute you talk costs only 10¢, the 35¢ charge is deducted from your account each day.

Account Status for Expired Pay As You Go Offers (Other Than $6.99 Talk Plan)

If you are enrolled in an Expired Pay As You Go offer your account will remain active (the "Active Period") for 90 days after you Top-Up at least $20 ($15 if you select the $15 Auto Top-Up option), or 45 days after you Top-Up at least $10 (consecutive $10 Top-Ups within a 45-day period may extend the Active Period up to a maximum of 90 days from the initial $10 Top-Up). During the Active Period, you may make calls and use VirginXL or VirginXtras if you have a positive account balance sufficient to pay for the services. If you do not Top-Up again during the 45-day or 90-day Active Period, your Pay As You Go account will become inactive on the day following the expiration of the Active Period. If your account is inactive, you may not make or receive calls (other than 911 emergency calls), send or receive text messages, download ringtones, or use any other services-even if you have money in your account.

During the 60 days following the expiration of the Active Period (the "Inactive Period") you may Top-Up your account to make it active again. All of the airtime in your account will be renewed for another 90 days if you Top-Up at least $20 (or $15 if you select the $15 Auto Top-Up option) or 45 days if you Top-Up at least $10, and you will be allowed to keep your mobile phone number.

During the 60 days following the expiration of the Active Period (the "Inactive Period") you may Top-Up your account to make it active again. All of the airtime in your account will be renewed for another 90 days if you Top-Up at least $20 (or $15 if you select the $15 Auto Top-Up option) or 45 days if you Top-Up at least $10, and you will be allowed to keep your mobile phone number.

However, if you do not Top-Up during the 60-day Inactive Period, your Pay As You Go account will expire and we will deactivate your service. You will lose your mobile phone number and Virgin Mobile will assess you a termination charge equal to the value of the balance in your account. If your account expires and is deactivated, you must follow the activation process again in order to obtain service. Please go to our website (www.virginmobileusa.com) or contact Virgin Mobile At Your Service at 1-888-322-1122 to reactivate your account using a Top-Up card or a debit/credit card. Although you may reactivate your account, you will not be able to reclaim the cash balance or any minutes/messages that remained in your account or the mobile phone number assigned to your account before it expired.

$6.99 Talk Plan: 10¢ Minutes for $6.99 per Month

Pay a monthly charge of $6.99 plus taxes and surcharges plus 10¢ for each minute you use. All minutes, including night and weekend minutes, cost 10¢ each. $6.99 Talk Plan customers are not eligible to purchase Minute Packs.

Account Status for $6.99 Talk Plan

If you use the $6.99 Talk Plan and do not pay the monthly charge plus taxes and surcharges for 10¢ per-minute pricing, your account will become inactive, which means you cannot make or receive calls (except 911 emergency calls) even if you have money in your account. When you next pay or have a sufficient balance in your account to pay the monthly charge plus taxes and surcharges, you will be charged that amount and will then pay 10¢ for each minute you use.

Your account will expire after the latest of (1) 60 days after failure to pay your monthly charge, (2) 150 days from your last Top-Up of $15 or more, or (3) 105 days from your last Top-Up of $10.

When your account expires, you will lose your mobile phone number, and Virgin Mobile will assess you a termination charge equal to the value of any balance left in your account. Please go to our website (www.virginmobileusa.com) or contact Virgin Mobile At Your Service at 1-888-322-1122 to reactivate your account using a Top-Up card or debit card or credit card. Although you may reactivate your account, you will not be able to reclaim the cash balance or any minutes/messages that remained in your account or the mobile phone number assigned to your account before it expired.

Expired Monthly Plans

Expired Monthly Plans (Other Than Month2Month)

$14.99 per month plus taxes and surcharges for 100 anytime minutes (there are no night and weekend minutes with this option).
$24.99 per month plus taxes and surcharges for 200 anytime minutes (there are no night and weekend minutes with this option).
$34.99 per month plus taxes and surcharges for 300 anytime and 1,000 night and weekend minutes.
$44.99 per month plus taxes and surcharges for 400 anytime and 2,000 night and weekend minutes.
$49.99 per month plus taxes and surcharges for 400 anytime and unlimited night and weekend minutes.
$59.99 per month plus taxes and surcharges for 600 anytime minutes, unlimited night and weekend minutes, and unlimited anytime Mobile to Mobile minutes for calls to or from any other Virgin Mobile phone number.
$79.99 per month plus taxes and surcharges for unlimited anytime minutes and unlimited anytime Mobile to Mobile minutes for calls to or from any other Virgin Mobile phone number.
$99.99 per month plus taxes and surcharges for 1,000 anytime minutes, unlimited night and weekend minutes, and unlimited anytime Mobile to Mobile minutes for calls between Virgin Mobile phone numbers.

Upon payment of the monthly charge for any of the monthly plans above, you will receive the number of minutes associated with that plan. Unused minutes expire at the end of your monthly period and may not be used in subsequent months. If you use all of the anytime minutes associated with your plan before a new monthly billing cycle starts, you will be charged as follows for each additional minute you use provided that you have a sufficient balance in your account: if you activated service on an Expired Monthly Plan prior to October 24, 2007, were on a monthly plan as of that date, and remained on the same monthly plan thereafter, you will be charged 18¢ for each additional minute; if you activated on or switched to an Expired Monthly Plan between October 24, 2007 and February 27, 2008 and remained on the same monthly plan thereafter, you will be charged 25¢ for each additional minute; if you activated on or switched to an Expired Monthly Plan after February 28, 2008, you will be charged 20¢ for each additional minute.

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.

If you have used all of your night and weekend minutes and make a call during the night or weekend calling periods, we will deduct any bonus minutes you may have received before we deduct anytime minutes. VirginXL and VirginXtras charges are deducted from the cash balance in your account. Services that have both cash and minutes-denominated components, such as international long distance or 411 directory assistance, will be deducted from the cash balance in your account as well as from anytime or night and weekend minutes.

Account Status for Expired Monthly Plans (Other Than Month2Month)

If you do not pay your monthly charge on your payment due date, you will be charged at the following rate for each additional minute you use provided that you have a sufficient balance in your account: if you activated service on an Expired Monthly Plan prior to October 24, 2007, were on a monthly plan as of that date, and remained on the same monthly plan thereafter, you will be charged 18¢ for each additional minute; if you activated on or switched to an Expired Monthly Plan between October 24, 2007 and February 27, 2008 and remained on the same monthly plan thereafter, you will be charged 25¢ for each additional minute; and if you activated on or switched to an Expired Monthly Plan after February 28, 2008, you will be charged 20¢ for each additional minute.

If your account balance is insufficient, your account will become inactive, which means you cannot make or receive calls (except 911 emergency calls), send or receive text messages, download ringtones, or use any other services. When you next pay your monthly charge, you will receive the number of minutes associated with that plan. If payment is made more than three days after your payment due date, your payment due date will be reset based on the day you pay your monthly charge (if payment is made on or within three days after your current payment due date, your payment due date will remain the same). If, within 120 days after failing to pay a monthly charge, you Top-Up your account in an amount that is insufficient to pay that monthly charge, then upon the earlier of (1) 30 days from your last Top-Up or (2) at the end of that 120-day period, Virgin Mobile will transfer you to the 20¢ per Minute Pay As You Go Basic Rate plan. If you do not make a credit, debit, or PayPal payment or Top-Up within 120 days after you fail to pay your monthly charge, your account will expire and Virgin Mobile will deactivate your service. You will lose your mobile phone number, and Virgin Mobile will assess you a termination charge equal to the value of any balance left in your account. If your account expires and is deactivated, you must follow the activation process again in order to obtain service. Please go to our website (www.virginmobileusa.com) or contact Virgin Mobile At Your Service at 1-888-322-1122 to reactivate your account using a Top-Up card, debit card or credit card. Although you may reactivate your account, you will not be able to reclaim the cash balance or any minutes/messages that remained in your account or the mobile phone number assigned to your account before it expired.

Month2Month

The Month2Month plan automatically adjusts to four levels of minutes based on your usage each month:

Level 1: $29.99 per month plus taxes and surcharges for 150 anytime and 150 night and weekend minutes.
Level 2: An additional $10 plus taxes and surcharges for 100 additional anytime minutes and 850 night and weekend minutes.
Level 3: An additional $10 plus taxes and surcharges for 100 more anytime minutes and unlimited night and weekend minutes.
Level 4: An additional $10 plus taxes and surcharges for 50 anytime minutes. Level 4 repeats as necessary based on usage.

You start each month at Level 1. Virgin Mobile will notify you when you have 15 anytime minutes left at your current level. You will be upgraded to the next level and charged an additional $10 plus taxes and surcharges when approximately 10 anytime minutes remain in any level. You move to the next level when you use all of the anytime minutes at the preceding level. If a new monthly billing cycle starts before you use the 50th minute in Levels 2, 3 or 4, you will receive a credit to your account at a rate of 20¢ for each unused minute in that level up to 50 minutes.

Night and weekend minutes roll forward to the next level for that month. If you run out of night and weekend minutes in any level, we will deduct any bonus minutes you may have received before deducting anytime minutes. VirginXL and VirginXtras charges are deducted from the cash balance in your account. Services that have both cash and minutes-denominated components, such as international long distance or 411 directory assistance, are debited from the cash balance in your account and use anytime or night and weekend minutes as well.

For the Month2Month service option, anytime minutes must be used between 7:00 a.m. and 9:00 p.m. Monday-Friday. Night minutes must be used between 9:00 p.m. and 7:00 a.m. Monday-Thursday. Weekend minutes must be used between 9:00 p.m. Friday and 7:00 a.m. Monday.

To participate in Month2Month, you must have registered a credit card, debit card, or PayPal account. If your credit card company or bank declines your monthly charge, we may retry the charge on your registered payment method on the fourth day after the charge is declined unless (1) you have a sufficient cash balance in your account at that time to pay the charge or (2) you have paid the charge in full before the day on which we next retry the charge.

Account Status for Month2Month

If you do not pay your monthly charge associated with the Month2Month plan, your account will become inactive, which means you cannot make or receive calls, send or receive text messages, download ringtones, or use any other services even if you have sufficient balance in your account. When you next pay or have a sufficient balance in your account to pay the monthly charge associated with the monthly plan you selected, you will be charged that amount and will receive the number of minutes associated with that plan. If 120 days elapse after you fail to pay a monthly charge, your account will expire and we will deactivate your service. You will lose your mobile phone number, and Virgin Mobile will assess you a termination charge equal to the value of any balance left in your account. If your account expires and is deactivated, you must follow the activation process again in order to obtain service. Please go to our website (www.virginmobileusa.com) or contact Virgin Mobile At Your Service at 1-888-322-1122 to reactivate your account using a Top-Up card or a debit/credit card. Although you may reactivate your account, you will not be able to reclaim the cash balance or any minutes/messages that remained in your account or the mobile phone number assigned to your account before it expired.

Payment Methods

Top-Up

You add money to the cash balance of your Virgin Mobile account by using one of our Top-Up methods. You can Top-Up your account by (1) registering your credit/debit card or PayPal account (a "registered payment method"), or (2) buying Top-Up cards at any of thousands of retail locations. Top-Up cards come in increments of $10, $20, $30, $50, $60 and $90. Multi Top-Up and Recharge cards may come in any $5 amount between $10 and $90. Sales taxes apply.

The minimum Top-Up amount when using a credit card, debit card or PayPal account is $10; otherwise, you may use your credit card, debit card or PayPal account to Top-Up in any amount between $10 and $120. The maximum amount you may Top-Up at any one time is $120; the maximum cash balance allowed in an account at one time is $400. The value of any Top-Up amount or card cannot be applied to any other wireless service other than Virgin Mobile's. You cannot add more than $150 in a single day to your Virgin Mobile account.

Auto Top-Up

By registering for Auto Top-Up you agree to have the Auto Top-Up amount you have selected deducted from your credit card, debit card or PayPal account and added to your Virgin Mobile account according to one of the following options: (1) once every month on the date you specify, (2) once every 90 days, (3) once every 45 days, or (4) when your balance falls below $5 (or, if you are on the 18¢ Talk, 20¢/10¢ Talk, Minute2Minute or Day2Day plans, when your balance falls below $5 or 90 days from your last Top-Up, whichever comes first). The minimum Auto Top-Up amount is $10.

You can set up, modify, or cancel your Auto Top-Up preferences at www.virginmobileusa.com or by calling Virgin Mobile At Your Service at 1-888-322-1122.

Instant Top-Up

When you select Instant Top-Up you agree to have the amount you choose immediately deducted from your credit card, debit card or PayPal account.

Go to www.virginmobileusa.com or call Virgin Mobile At Your Service at 1-888-322-1122 for more information about all of the easy ways you can Top-Up your Virgin Mobile account.

Payment Methods for Plans with Monthly Charges

If you are on a Pay As You Go Plan, you have authorized the use of your registered payment method for monthly charges for your Minute Pack, Data Pack and/or Messaging Pack subscription, we will first attempt to deduct your monthly payment from your cash balance; if you do not have a sufficient cash balance to cover your monthly charge, we will charge your registered payment method.

If you are on a Pay As You Go Plan and you have authorized the use of your registered payment method for the automatic purchase of Minute Packs using the Auto Roll Forward feature ("Auto Roll Forward"), we will charge your registered payment method for an additional Minute Pack in accordance with your Auto Roll Forward account settings 30 days from your last Minute Pack purchase. We will continue to charge your registered payment method in this manner unless you discontinue Auto Roll Forward by changing your account settings. If your credit card company declines the charge, a Minute Pack will not be purchased using Auto Roll Forward and any unused minutes from your last Minute Pack purchase will not roll forward unless you purchase an additional Minute Pack by 11:59 PM PST on the day your last Minute Pack is set to expire.

If you are on a Monthly Plan, and you have authorized the use of your registered payment method for automatic payments of your monthly charges, we will charge your registered payment method on the monthly payment date for your monthly charge for your Monthly Plan and your Data Pack and/or Messaging Pack subscription, if applicable. If you have not authorized the use of a registered payment method for automatic payments of your monthly charge, we will deduct the monthly charge from your cash balance on the monthly payment date and your Data Pack and/or Messaging Pack subscription, if applicable. Your payment due date is based on the day of the month that you activate, switch to another monthly plan or restart your existing monthly plan. If your credit card company declines your monthly charge, we will deduct the monthly charge from the cash balance in your account.

Alternatively, you may use Top-Up for payment of recurring charges for those monthly plans and for the $6.99 Talk Plan. You may also use Top-Up to add to your cash balance for any service option and use that cash balance for services such as international calls, domestic and international messaging, and content services. If you do not have a sufficient cash balance and you are on a monthly plan other than the Month2Month plan, we will retry the charge on your registered payment method (or deduct the monthly charge from your cash balance if the charge is declined on your registered payment method) on the second, sixth and fourteenth day (and additionally on the fourth day for the $6.99 Talk Plan) after the charge is declined unless you have paid the charge in full before the day on which we next retry the charge. If you are on the Month2Month Plan, we will retry the charge on your registered payment method only on the fourth day after the charge is declined. If you have not authorized the use of a registered payment method for automatic payments of your monthly charge, we will deduct the monthly charge from your cash balance.

Account History

Your account history for the previous 60 days will be available online at www.virginmobileusa.com unless you switch service options, in which case your account history for your new service option will be available online for a period of up to 60 days following the date of your switch, but you can request a printed statement detailing 60 days of account history by calling Virgin Mobile At Your Service at 1-888-322-1122. If you deactivate your services or change your mobile phone number, you may obtain your account history by contacting Virgin Mobile At Your Service at 1-888-322-1122. If you request an account history beyond the last 60 days, you may be assessed a processing fee.

No charges will be placed on your registered credit card, debit card or PayPal account following (1) your removal of the registered payment method through our website at www.virginmobileusa.com or by calling Virgin Mobile At Your Service at 1-888-322-1122 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. Virgin Mobile collects sales taxes on all Top-Up transactions for all service options. Taxes, fees and surcharges are subject to change without notice.

Switching among Virgin Mobile Service Options

Unless otherwise provided in these Terms of Service, you may switch between any service options at any time. When you switch between service options you will not receive a refund of any portion of any previously paid service charges and you will lose all of your remaining unused minutes, messages and/or data allotment. For that reason, we recommend that you switch at the end of your monthly billing cycle if you are on a monthly service option or after you have used your minutes, messages and/or data allotment. Repeated switching is not permitted and may result in termination of service.

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. There is no character limit for email and instant messages ("IM"). Standard message rates apply when a message is sent or received, whether it is read or viewed. If you purchase a monthly allotment of messages, unused monthly allotment of messages from one monthly billing cycle do not carry over to the next monthly billing cycle.

Rates

The following messaging rates apply:

domestic text messages: 15¢ to send and 15¢ to receive;
international text messages: 20¢ to send and 10¢ to receive;
domestic picture messages: 25¢ to send and 25¢ to receive (picture messages may not be sent to international phone numbers);
email messages: 15¢ to send and 15¢ to receive, as well as 15¢ for each notification message (if you do not choose to read the email, the cost is 15¢ for the notification only, and if you do read the email, the total cost is 30¢); and
instant messages ("IM"): 15¢ to send and 15¢ to receive.

Messaging Packs

You may purchase a subscription for monthly packs of domestic text, picture, email and instant messages ("Messaging Packs") at the following prices and sizes:

Messaging Packs Associated with Current Monthly Plans:

If you are enrolled in a Current Monthly Plan, you may purchase the following monthly subscriptions for Messaging Packs:

$5.00 for 1,000 messages
$10.00 for unlimited messages

If you purchase a monthly Messaging Pack subscription after the payment due date for your Monthly Plan, any unused messages will expire concurrently with your monthly cycle. On the next payment due date for your Monthly Plan, you will be charged the monthly fee for your Messaging Pack. If you have paid both your monthly charge and Messaging Pack monthly fee in full, you will receive the number of messages associated with your Messaging Pack. Each text, IM, email or picture message that you send or receive, including each email notification message that you receive, will be deducted from the available messages in your purchased Messaging Pack. Unused messages expire upon the next payment due date for your Monthly Plan and you may not use them in subsequent months. If you use all of the messages in your Messaging Pack, each additional text, IM, email and email notification message costs 15¢, and each additional picture message costs 25¢. If you do not have sufficient funds in your account to pay both your monthly charge and your Messaging Pack monthly fee in full, you will be charged 15¢ for each text, email and instant message and 25¢ for each picture message, provided that you have a sufficient balance in your account, until your monthly charge and Messaging Pack monthly fee are both paid in full. Messaging Packs do not include international text messages. If you want to switch between the $5.00 and $10.00 Messaging Packs, you should do so prior to the date your next monthly charge is due; otherwise, the new Messaging Pack subscription will not take effect until the next payment due date for your Monthly Plan.

Messaging Packs Not Associated with Current Monthly Plans:

If you do not participate in a Current Monthly Plan, you may purchase the following monthly subscriptions for Messaging Packs:

$2.00 for 30 messages
$5.00 for 200 messages
$10.00 for 1,000 messages
$20.00 for unlimited messages

Each text, IM, email or picture message that you send or receive, including each email notification message that you receive, will be deducted from the available messages in your purchased Messaging Pack. Unused messages expire at the end of your monthly Messaging Packs subscription period and will not be applied to subsequently purchased Messaging Packs. If you use all the messages in your Messaging Pack, each additional text, IM, email and email notification message costs 15¢, and each additional picture message costs 25¢. If you do not have sufficient funds in your account to pay for your monthly subscription, you will be charged 15¢ for each text, email and instant message and 25¢ for each picture message. The next month, you will be charged the monthly fee for the Messaging Pack of messages that you selected previously. Monthly Messaging Packs do not include international text messages or voicemail messages.

You can terminate your subscription or switch to another Messaging Pack from your mobile phone (VirginXL or VirginXtras > Messaging > Messaging Management) or by visiting the Messaging Settings page on Virgin Mobile's website (www.virginmobileusa.com).

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 may also elect to prevent the receipt of any text messages by visiting the Messaging Settings page on Virgin Mobile's website (www.virginmobileusa.com) or by changing the preferences on your mobile phone (VirginXL or VirginXtras > Messaging > Messaging Management). Even if you elect not to receive text messages, you may still receive service alerts from Virgin Mobile. You will not be charged for Virgin Mobile service alerts. If you elect to prevent the receipt of text messages, and you subsequently sign up for an alert on VirginXL or VirginXtras, such as Joke of the Day, or a text alert from any other source, you must first change your text messaging settings to permit the receipt of alerts and all text messages. 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 unsolicited messages ("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 VirginXL and VirginXtras, mobile Internet using your Virgin Mobile phone and the Internet on your laptop personal computer using a Virgin Mobile Broadband2Go device.

VirginXL and VirginXtras

Virgin Mobile charges 15¢ each day to access VirginXL and VirginXtras services. You may decline access to these services and forgo this fee. If you agreed to access VirginXL or VirginXtras services prior to September 11, 2007 and pay a charge of 10¢ each day, you may continue to pay a daily charge of 10¢ to access these services, but if you declined access to VirginXL or VirginXtras services at any time after September 11, 2007 and wish to re-access them, you will be charged 15¢ each day. There are additional charges for each ringtone, game and message download. Other fees, including airtime, may apply to certain VirginXL and VirginXtras applications.

Certain VirginXL and VirginXtras services are available on a subscription basis and can be canceled at any time through your mobile phone or our website (www.virginmobileusa.com). If you agree to a subscription but do not have sufficient funds in your account to pay the subscription price, we will attempt to charge the subscription to your account for the next 60 days. If the subscription is not paid at the end of this period, it will be terminated and you must re-subscribe if you wish to resume receiving the content. Your subscription period will not commence until you have paid the subscription price in full.

Use of VirginXL or VirginXtras is subject to the terms applicable to the particular service and available on our website (www.virginmobileusa.com), and is also subject to the provisions of the section entitled "Acceptable Use of Virgin Mobile Products and Service" below.

Data Usage on Your Virgin Mobile phone

You may purchase a data allocation necessary to access the mobile Internet for $1.50 per 1 megabyte (MB) of data (the "Basic Rate"). Unused data purchased at the Basic Rate expire 24 hours after purchase. You may also purchase a subscription for access to the mobile Internet in the following data allocations ("Data Packs"):

For Data Packs That Are Associated with Monthly Plans:

If you activate or switch to a Current Monthly plan, you may purchase the following monthly Data Pack subscriptions:

$5.00 for 20MB
$10.00 for 50MB

These monthly Data Pack subscriptions include unlimited access to VirginXL service. If you purchase a monthly Data Pack subscription after that date when your monthly charge is due, any unused data will expire concurrently with your next monthly payment due date. On your next monthly payment due date, you will be charged the monthly fee for your Data Pack. If you have paid both your monthly charge and Data Pack monthly fee in full, you will receive the monthly data allocation associated with your Data Pack. Your data usage will be deducted from the available data allocation in your purchased Data Pack. Unused data expire at the end of your monthly period and may not be used in subsequent months. If you use your allocation of data before the end of the monthly period, you will be charged for data at the rate of $1.50 per 1 MB of data used to access the mobile Internet (the "Overage Rate") for the remainder of the monthly period. Unused data allocations purchased at the Overage Rate expire at the end of your monthly period and may not be used in subsequent months. If you do not have sufficient funds in your account to pay both your monthly charge and your Data Pack monthly fee in full, you will not receive your monthly data allocation associated with your Data Pack until your monthly charge and Data Packs monthly subscription fee are both paid in full. Until you make those payments, you will be charged the Basic Rate on each day that you access the mobile Internet. If you want to switch between the $5.00 and $10.00 Data Packs, you should do so prior to the date your next monthly charge is due; otherwise, the new Data Packs subscription will not take effect until your next monthly charge is due.

Data Packs Not Associated with Current Monthly Plans:

If you do not participate in a Current Monthly Plan, you may purchase the following monthly Data Pack subscriptions:

$5.00 for 5MB
$10.00 for 20MBL
$20.00 for 50MB

The $10.00 and $20.00 Data Pack subscriptions include unlimited access to VirginXL service. Your data usage will be deducted from the available data allocation in your purchased Data Pack. Any unused data allocation will expire at the end of your monthly Data Packs subscription period and may not be used in subsequent months. If you use your allocation of data before the end of the monthly period, you will be charged for data at the Overage Rate of $1.50 per 1MB of data on each day that you access the mobile Internet for the remainder of the monthly period. Unused data purchased at the Overage Rate expire at the end of your monthly period and may not be used in subsequent months. The next month, you will be charged the monthly fee for the Data Pack that you selected previously.

You may terminate your subscription or switch to another Data Pack subscription from your mobile phone (VirginXL >"My Virgin Mobile" > Data Settings) or by logging into your "My Account" page on Virgin Mobile's website (www.virginmobileusa.com).

Broadband2Go

Virgin Mobile currently offers Broadband2Go, a wireless data service that allows you to access the Internet from your laptop personal computer. Broadband2Go service may be used only with a Broadband2Go mobile broadband device that plugs into your computer's USB port.

Broadband2Go Plans

You may purchase a data allocation necessary to access the Internet from your laptop personal computer at the following prices and sizes:

$10.00 for 100MB
$20.00 for 250MB
$40.00 for 600MB
$60.00 for 1 GB

Your data usage will be deducted from the available data allocation in your purchased Broadband2Go Plan. Unused data expire 30 days from the date the Broadband2Go Plan was activated on your account (or 10 days from activation for the $10 Broadband2Go Plan). If you use your allocation of data before the end of the data expiration date, you must purchase an additional Broadband2Go Plan in order to use the Broadband2Go service.

Broadband2Go Account Status

You may purchase your Broadband2Go Plan using a credit or debit card or by using a Top-Up card. Your Broadband2Go account will remain active (the "Active Period") for one year from your last Broadband2Go Plan purchase. If you do not purchase a Broadband2Go Plan within one year of your last Broadband2Go Plan purchase, your Broadband2Go account will expire and we will deactivate your service. Virgin Mobile will assess you a termination charge equal to the value of the balance in your account. If your account expires and is deactivated, you must follow the activation process again in order to obtain Broadband2Go service. You may visit our website (www.virginmobileusa.com) or contact Virgin Mobile At Your Service at 1-888-322-1122 to reactivate your account. Although you may reactivate your account, you will not be able to reclaim the cash balance or any data that remained in your account before it expired. If you have a Virgin Mobile phone account and a Broadband2Go account, these accounts are maintained separately. You may not transfer the balance between your Virgin Mobile phone account and your Broadband2Go account.

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 VirginXL or VirginXtras, your Virgin Mobile phone and Broadband2Go 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. We make absolutely no representations, warranties or guarantees about the Data Content you access through VirginXL or VirginXtras or your Virgin Mobile phone or device. Data Content may be: unsuitable for children/minors; unreliable or 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 content access by children or minors. Prior to accessing certain 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 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 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 content you may utilize or otherwise access while using your Virgin Mobile phone. Virgin Mobile also has no control whatsoever over the 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 content that would violate anyone's intellectual property rights including copyright laws.

In the event that you lose access to 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 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 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 content, and will not provide any reimbursement of any fees or other amounts paid to Virgin Mobile in connection with such content, although you may contact Virgin Mobile to request replacement content. Virgin Mobile will not be required to provide any such replacement 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.

You may check you balance at any time free of charge by visiting our website (www.virginmobileusa.com). You may also check your balance from your mobile phone for free up to five times each day. Thereafter, each balance check from your mobile phone costs 2¢ for the remainder of the day.

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. Calls are limited to two hours: if you are on a call for longer than two hours, the call will automatically terminate. International calls are billed at the international per-minute rate for the country you are calling plus your standard airtime rate. International rates vary.

If you are on a Pay As You Go Offer with Mobile to Mobile calling between Virgin Mobile phone numbers, all calls routed to voicemail and all call waiting calls received during a call with a non-Virgin Mobile customer will be charged at the applicable per-minute rate in accordance with your Pay As You Go Offer. If you are on a Monthly Plan with Mobile to Mobile calling, calls routed to voicemail and call waiting calls received during a call with a non-Virgin Mobile customer will be charged as anytime minutes or night and weekend minutes, depending on the time of day in which the call is made or received.

All mobile phones purchased directly from Virgin Mobile, or one of our authorized resellers, include a one-year warranty from the original equipment manufacturer. If you experience an equipment malfunction, call Virgin Mobile At Your Service at 1-888-322-1122 and we will arrange for a replacement mobile phone.

You can switch your number to another Virgin Mobile phone for no additional charge if you do so on our website, www.virginmobileusa.com (you can also call Virgin Mobile At Your Service at 1-888-322-1122 to switch your mobile phone number, in which case you may be charged $10).

If your account is deactivated for any reason, Virgin Mobile will assess you a termination charge equal to the value of the balance in your account.

Please contact Virgin Mobile At Your Service at 1-888-322-1122 or visit our website at www.virginmobileusa.com for additional pricing information or answers to any questions about our services. Calls to Virgin Mobile At Your 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 fifteen (15) days after the charge is posted to your account to request an adjustment. Call Virgin Mobile At Your Service at 1-888-322-1122 and one of our advisors will help investigate your claim. If you do not notify us within this fifteen (15)-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 fifteen (15)-day period. Undisputed charges must be paid as stated on your account statement, 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 At Your Service at 1-888-322-1122 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 At Your Service at 1-888-322-1122.

Account Suspensions Related to Credit Card Chargebacks

If we have attempted to charge your credit card or PayPal account for a charge that we deem is authorized and valid under these Terms of Service, and the credit card company or PayPal 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 deactivated at the end of the thirty (30)-day period. 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, elect in our sole discretion to require you to add money to the cash balance of your Virgin Mobile account solely by means of Top-Up cards.

Refunds and Returns

Refunds of Top-Up Cards and Account Balances

Virgin Mobile is not responsible for, nor do we refund, lost, stolen, misused, or damaged Top-Up cards. Virgin Mobile does not accept returns of or provide refunds for Top-Up cards. Please ask your retailer any questions regarding its return policy. Top-Up cards must be applied to your account within one year of purchase. All Top-Up sales are final and non-refundable regardless of who uses or possesses your mobile phone after you buy airtime, and regardless of whether the mobile phone is used with your consent or knowledge.

Monthly charges are non-refundable.

Returning Your Virgin Mobile Phone

Mobile phones purchased directly from Virgin Mobile may be returned for a full refund within 30 days of purchase. You must have the original receipt, packaging materials and all components. Please contact Virgin Mobile At Your Service at 1-888-322-1122 for instructions.

Mobile 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 At Your Service at 1-888-322-1122. 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 Mobile 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 At Your Service at 1-888-322-1122 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 content. You may not upload and transmit or broadcast this 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 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 use VirginXL and VirginXtras or to access the contents of your personal vault. Use of VirginXL 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 VirginXL and VirginXtras 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 without your consent.

If you wish to change your privacy options for the use of your location information, or if you no longer wish to use our location-based services, please change the settings on your mobile phone by going either to 1) Menu->Settings->Network->Location or 2) Menu->Tools&Settings->Others->Location depending on your mobile phone. Changing your privacy options or terminating our location-based services will not affect the status of any other services you receive from us. 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.

Teletype ("TTY") Access

For information concerning TTY access for the hearing impaired, please contact Virgin Mobile At Your Service at 1-888-322-1122.

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. 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 directly from Virgin Mobile or one of our authorized distributors.

Use of Your Customer Information

You agree to the terms of our Privacy Policy (available at www.virginmobileusa.com) when you initiate service with us. 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 At Your Service at 1-888-322-1122.

Dispute Resolution

We each agree to contact each other first with any disputes and provide a written description of the problem, all relevant documents/information and the proposed resolution. You agree to contact us with any dispute by calling Virgin Mobile At Your Service at 1-888-322-1122. We will contact you at the last address that you have provided us 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 your account statement, 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 fifteen (15) days earlier on your online account statement and which you did not properly dispute within fifteen (15) 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 (1-888-322-1122) 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. Virgin Mobile products and services are licensed under U.S. Patents 5,722,067; 6,157,823; and 6,236,851.

Virgin Mobile

About Us

Legal Info

Terms of Service - No Annual Contract

General Terms

Service Commitment

Our Right to Make Changes

Telecommunications Services

Service Options

Current Service Options

Current Pay As You Go Offers

Account Status for Current Pay As You Go Offers

Current Monthly Plans

Account Status for Current Monthly Plans

Service Preserver Program

Expired Service Options

Expired Pay As You Go Offers (Other Than $6.99 Talk Plan)

Account Status for Expired Pay As You Go Offers (Other Than $6.99 Talk Plan)

Account Status for $6.99 Talk Plan

Expired Monthly Plans

Expired Monthly Plans (Other Than Month2Month)

Account Status for Expired Monthly Plans (Other Than Month2Month)

Month2Month

Account Status for Month2Month

Payment Methods

Top-Up

Auto Top-Up

Instant Top-Up

Payment Methods for Plans with Monthly Charges

Account History

Taxes and Surcharges

Switching among Virgin Mobile Service Options

Messaging

Rates

Messaging Packs

Messaging Packs Associated with Current Monthly Plans:

Messaging Packs Not Associated with Current Monthly Plans:

Preventing Spam

Blocking Messages

Unsolicited Messages

Data Services

VirginXL and VirginXtras

Data Usage on Your Virgin Mobile phone

For Data Packs That Are Associated with Monthly Plans:

Data Packs Not Associated with Current Monthly Plans:

Broadband2Go

Broadband2Go Plans

Broadband2Go Account Status

Specific Terms and Restrictions on Using Data Services

Data Services and Content

Additional Charges

Disputed Charges

Account Suspensions Related to Credit Card Chargebacks

Refunds and Returns

Refunds of Top-Up Cards and Account Balances

Returning Your Virgin Mobile Phone

Lost or Stolen Equipment

Mobile Phone Number

Keeping Your Old Mobile Phone Number

Acceptable Use of Virgin Mobile Products and Services

Content Objectionable or Offensive to Third Parties

Unlawful Content

Soliciting Information

Infringing Content

Harmful Content

Removal of Objectionable Content

Suspension or Termination of Service

Disclosure of Content

Storage of Content

Location-Based Services

Other Programs and Services

Virgin Mobile Website

Teletype ("TTY") Access

Pay-Per-Call Services

Safety and Security

Use of Your Customer Information

Use of Your Customer Information

Dispute Resolution

No Trial by Jury

Limitation of Liability