WELCOME TO THE BOOST MOBILE SALES PORTAL
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ACCEPTABLE USE POLICY

Welcome to boostmobile.com, a service of Boost Mobile LLC, together with its subsidiaries, affiliates, agents and licensors (collectively, "Boost," and referenced herein by "we" or "our"). Boost provides you with access to its various online services which include, but are not limited to: (1) Boost?s websites, such as boostmobile.com, boostlive.com and boostmobilestore.com (collectively, the "Websites"); (2) two-way text messaging, multi-media messaging, instant messaging, digital media, mobile email, location-based services and other wireless Web services, and other services in which Boost provides or may provide data to you (collectively, "Boost Data Services"); (3) enhanced voice services, (4) Boost?s internal e-mail system for communicating with Boost employees and independent contractors, (5) sweepstakes and contests conducted by Boost, and (6) e-mail services, bulletin board services, chat areas, newsgroups, forums, communities, weblogs (commonly termed "blogs"), personal web pages, e-mail services, calendars, photo albums, file storage systems, electronic games and/or other message or communication facilities designed to enable you to communicate and/or interact with others ("Interactive Services"), that Boost provides or may undertake to provide in the future (collectively, the "Network" or "Services").
COVERAGE OF THIS POLICY AND AGREEMENT
In addition to other agreements between you and Boost, this policy and agreement does two things: (1) it explains the acceptable use policy (the "Acceptable Use Policy") that governs our Services, including the actions that we may, within our sole discretion, take for any use that we deem unacceptable; and (2) it enumerates the terms and conditions under which you agree to use our Services (the "Visitor Agreement"). By accessing or using our Services, you consent to the acceptable use practices described in this Policy and to the terms of this Agreement (collectively, the "Policy and Agreement"), as modified from time to time by Boost. "You" includes anyone who uses our Services. The purpose of this Policy and Agreement is to protect our Network, our customers and others from inappropriate, unauthorized, illegal or otherwise objectionable activities. Please read this Policy and Agreement, together with our Privacy Policy, Subscriber Agreement, Copyright Info and any other applicable documents, policies and guidelines, each of which is incorporated by reference into this Policy and Agreement. In the event of a conflict between this Policy and Agreement and any document, policy or guideline that is incorporated by reference herein, this Policy and Agreement shall govern in the absence of specific language to the contrary in such referenced document, policy or guideline. If you do not agree to accept and comply with the terms of this Policy and Agreement, including all documents, policies and guidelines incorporated herein, please don't use our Services.
YOUR RESPONSIBILITIES AND LIMITATIONS ON USE
You are solely responsible for any transmission you send or receive through our Network, including the content of any communication. Your use of the Services is for your personal, non-commercial use only. Boost does not actively monitor, censor or directly control any information that is stored on or transmitted over our Network or third party sites or services that are accessible by hyperlink through our Services. Consequently, we do not warrant, verify or guarantee the quality, accuracy or integrity of the information that you may access. Nor do we accept any responsibility whatsoever for such information. Although we strive to provide useful and accurate information, errors may appear from time to time. Your access to any such information is at your risk. We are not responsible for, and cannot guarantee the performance of, third party goods and services offered through our Services or by others to whose sites we link. A link to another website does not constitute our endorsement of that site (or of any product, service or other material offered on that site). When using our Services, you may not undertake or accomplish any unlawful purpose. This includes, but is not limited to, posting, storing, transmitting or disseminating information, data or material which is libelous, obscene, unlawful, threatening, defamatory, objectionable, offensive, hateful, vulgar, pornographic, harmful to minors, or which infringes the intellectual property rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, federal or international law, order or regulation. You shall remain solely and strictly liable for your use of Boost?s Services and any and all e-mail, Web pages, domain names, bulletin board or chat room postings, text, pictures, graphics, forums, interactive media, and audio/visual materials (collectively, "Content") that you create, upload, download, transmit, access or store using Boost?s Network. You must also exercise best efforts to ensure the security and integrity of your own network, to detect and prevent unauthorized access to your network or Nextel's Network, and to safeguard passwords, personal identification numbers or other access or authentication devices.
COPYRIGHT AND TRADEMARK
This Policy and Agreement incorporates by reference the terms and conditions of boostmobile.com's Copyright Notice and Disclaimer.
We don't want anyone to be confused as to which products and services are provided by Boost and which aren't. You may not use any trademark or service mark appearing on any of the Websites, in any advertisement for Boost products and/or services, or otherwise available via the Services, without the prior written consent of the owner of the mark. "Boost" and the Boost logo are trademarks of Boost Mobile LLC.
ILLEGAL OR HARMFUL USE
You may use the Services only for lawful purposes. Transmission, distribution or storage of any material that violates any applicable local, state, federal or international law, order or regulation is prohibited. Additionally, the following non-exhaustive list details the kinds of illegal or harmful conduct that are prohibited on our Network:
Infringement: Infringement of intellectual property rights or other proprietary rights including, without limitation, material protected by copyright, trademark, patent, trade secret or other intellectual property right. Infringement may result from the unauthorized copying, distribution and/or posting of pictures, logos, software, articles, musical works and videos. Offensive Materials: Disseminating or posting material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable. Export Violations: Violation of applicable export laws or regulations including, without limitation, the Export Administration Act and the Export Administration Regulations administered by the U.S. Department of Commerce. Fraudulent Conduct: Offering, disseminating or advertising fraudulent goods, services, schemes, or promotions (e.g., make-money-fast schemes, chain letters or pyramid schemes). Failure to Abide by Third Party Website/Network Policies: Violating the rules, regulations, or policies applicable to any network, server, computer database, or website that you access. Harmful Content: Disseminating or posting harmful content including, without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancelbots or any other computer programming routines that may damage, interfere with, secretly intercept, re-route or seize any system, program, data or personal information.
ELECTRONIC MAIL AND WIRELESS TEXT MESSAGING OR SMS
You may not distribute, publish, or send through our Network:
advertisements, solicitations or commercial e-mail messages including, without limitation, unsolicited promotional messages of any kind (commonly referred to as "spam"); unsolicited informational announcements; chain mail; numerous copies of the same or substantially similar messages, empty messages or messages which contain no substantive content; or very large messages or files that disrupt a server, account, newsgroup, message board, blog or chat service.
Likewise, you may not:
without prior consent of the person(s) affected, participate in the collection of e-mail addresses, screen names or other identifiers of such person(s) (a practice sometimes known as spidering or harvesting), or participate in the use of software (including "spyware") designed to facilitate these activities; collect responses from unsolicited messages; or use any of our mail servers, or those of another website, to relay mail without the express permission of the account holder and/or the website.
NETWORK SECURITY AND INTEGRITY
You may not violate the security of our Network in any way, nor may you attempt to do so. Such violations may result in criminal or civil liability. Boost may, but is not obligated to, investigate any violation of our Network. Boost may cooperate with law enforcement where criminal activity is suspected. By using the Services, you agree to cooperate, as well, in any such investigation. Examples of Network security violations include, without limitation:
Hacking: Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network. Interception/Scraping: Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network including, without limitation, using a manual process, computer code, data mining software, "robot," "bot," "spider," "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, to monitor or copy any of the Web pages, data or content found on the Network or accessed through the Network. Intentional Interference: Interference with service to any user, host or network including, without limitation, denial-of-service attacks, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system or broadcast attacks. Falsification of Origin or Routing Information: Using, selling or distributing in conjunction with the Services, any computer program designed to conceal the source or routing information of electronic mail messages in a manner that falsifies an Internet domain, header information, date or time stamp, originating e-mail address or other identifier. Avoiding System Restrictions: Using manual or electronic means to avoid any use limitations placed on the Services, such as timing out. Hijacking: Using the processing power of the Network, or any computer on the Network, for any activities except for those which you are permitted to engage in as set forth in this Policy and Agreement.
Boost may, but is not obligated to, take any action it deems necessary to (1) protect its Network, its rights or the rights of its customers or third parties; or (2) optimize or improve its Network, services, systems and equipment. You acknowledge that such action may include, without limitation, employing methods, technologies or procedures to filter or block messages or other Content sent through the Network. Boost may, in its sole discretion, at any time, filter "spam" or prevent "hacking," "viruses" or other potential harms without regard to any preference you may have communicated to us.
INVESTIGATION AND ENFORCEMENT OF THIS POLICY AND AGREEMENT
All users of the Services must adhere to the terms of this Policy and Agreement. We have the right, but are not obligated, to strictly enforce this Policy and Agreement through self-help, active investigation, litigation and prosecution.
We may also access, use and disclose information (including transactional information and Content) related to your use of the Services, for the following reasons: (1) to comply with applicable law (e.g., in response to a lawful subpoena); (2) to enforce or apply our subscriber agreements; (3) to initiate, render, bill and collect for services; (4) to protect our rights or property and those of our customers; or (5) to protect users of the Services and other service providers from fraudulent, abusive, or unlawful use of, or subscription to, such services. INDIRECT OR ATTEMPTED BREACHES OF THIS POLICY AND AGREEMENT, AND ACTUAL OR ATTEMPTED BREACHES BY A THIRD PARTY ON BEHALF OF A COMPANY, CUSTOMER OR USER, SHALL BE CONSIDERED BREACHES OF THIS POLICY AND AGREEMENT BY SUCH COMPANY, CUSTOMER OR USER.
Boost has the right, but is not obligated, to enforce this Policy and Agreement by issuing warnings, or by suspending or terminating your access to the Services or your Boost account(s). Boost further has the right, but is not obligated, to restrict or prohibit any and all uses or Content that we determine in our sole discretion to be harmful to our Network, reputation, good will, our customers or any third party. The remedies for failure to adhere to the terms and condition of this Policy and Agreement are cumulative to any rights or remedies Boost may have, under any other agreement Boost has with you, and/or at law, equity or otherwise.
If you want to report any violations of this Policy and Agreement, please call us at 1-888-BOOST-4U (U.S. only).
MODIFICATION OF THE POLICY AND AGREEMENT
We reserve the right to modify this Policy and Agreement at any time, effective upon its posting, as modified, on www.boostmobile.com. By using the Services, you agree to abide by this Policy and Agreement, as modified from time to time. You should refer to this Policy and Agreement to ensure that your activities comply with the most recent version.
SECURITY OF YOUR TRANSACTIONS
To protect the privacy of our users' credit card numbers and other ordering information, we encrypt such information for transit over the Internet using a Secure Socket Layer ("SSL") connection. As effective as encryption technology is, however, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that information you supply won't be intercepted while being transmitted over the Internet.
Most web browsers allow use of an SSL connection. If your browser does not support use of an SSL connection, or if you prefer not to send your credit card number over the Internet, you may place your order by calling us toll free at 1-888-BOOST-4U (U.S. only).
To obtain access to certain services through the Websites, you may be given an opportunity to register with Boost. As part of any such registration process, you will select a Member Name and Password. You agree that the information you supply during that registration process will be accurate and complete and that you will (1) not register under the name of, or attempt to enter our site under the name of, another person; and (2) will update the information you provide during the registration process as necessary to maintain its accuracy and completeness at all times. Boost reserves the right to reject or delete any Member Name that it deems offensive. You must preserve the confidentiality of your Password and notify Boost Customer Care at 1-888-BOOST-4U (U.S. only) of any known or suspected unauthorized use of your account.
PRIVACY POLICY
Boost respects the privacy of visitors to our site. Please take a few minutes to review our Privacy Policy.
MISCELLANEOUS
All purchases of services or products through our Websites and in retail stores are governed by our Terms and Conditions, which you should read carefully before activating Boost service.
Our staff does its best to ensure that the materials we post on our Websites are both timely and accurate, but we cannot guarantee that all such materials are up to date. To learn more about Boost services and products, you can contact us by accessing the "Contact Boost" page within the "About Boost" section on boostmobile.com, or by calling us at 1-888-BOOST-4U (U.S. only). You may also visit a retail store that offers Boost services and products.
Any failure to insist upon or enforce strict performance of any provision of this Policy and Agreement will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any provision of this Policy and Agreement. Boost may assign its rights and duties under this Policy and Agreement to any party at any time without notice to you.
DISCLAIMER OF WARRANTIES AND LIABILITY
We work hard to make our Websites and the Services interesting and useful, but we cannot guarantee that our users will always find everything to their liking. Please read this Disclaimer carefully before using the Network.
IF YOU ACCESS THE NETWORK OR RELY ON ANY MATERIAL AVAILABLE THROUGH THE SERVICES, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE SERVICES. THE NETWORK AND THE SERVICES ARE PROVIDED TO YOU "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." Boost, ITS AGENTS AND ITS LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION, SERVICES, OR PRODUCTS AVAILABLE THROUGH THE NETWORK. Boost DOES NOT GUARANTEE THAT THE NETWORK WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE, OR THAT IT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
UNDER NO CIRCUMSTANCES WILL Boost, ITS AFFILIATES, ITS AGENTS OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF THE SERVICES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING COMPENSATORY, SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE THAT THE AGGREGATE LIABILITY OF Boost, ITS AGENTS, AND ITS LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE WEBSITES AND/OR THE SERVICES WILL NOT EXCEED $100.00.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF BOOST, ITS AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
GOVERNING LAW
This Policy and Agreement shall be governed by and construed under the laws of the State of California. Exclusive jurisdiction over and venue of any suit relating to this Policy and Agreement shall be in the state and federal courts of Orange County, California.
QUESTIONS ABOUT YOUR SERVICE
Please call Boost Customer Care at: 1-888-BOOST-4U.
If we cannot resolve your issue, CT customers can contact the Department of Public Utility Control (DPUC)
Online: www.state.ct.us/DPUC/
Phone: 866-381-2355;
Mail: Connecticut DPUC, 10 Franklin Square, New Britain, CT 06051.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Boost and any third party information providers for the Services from and against all liabilities, losses, expenses, damages and costs, including reasonable attorneys' fees, arising from: (1) any violation of this Policy and Agreement by you; (2) your violation of any rights of a third party; (3) your violation of any applicable law or regulation; (4) information or Content that you submit, post, transmit or make available through the Services, or (5) your use of the Services.
SEVERABILITY
If any provision of this Policy and Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the terms and conditions of this Policy and Agreement and shall not affect the validity and enforceability of the remaining provisions.
QUESTIONS AND COMMENTS
We invite you to send in your questions or comments about our Websites or our Network, or to bring to our attention any material you believe to be inaccurate. Please send such comments, including a copy of any material you wish to discuss, to Boost Customer Care.
We hope you enjoy using our Services and we welcome suggestions for improvements.
This Policy and Agreement was last updated on July 1, 2005.
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