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while in a session and at the end of each session and is then charged to you based
on the terms of your Services. Depending on your Services, usage may be charged
against an allowance or on a fixed price per kilobyte. Usage charges may be
rounded up to the next cent at monthly or other intervals. In certain instances, you
may not know that your session has not ended. As long as your device is connected
to our network, you will incur data usage charges. You will be charged for all data
directed to the internet address (or "IP address") assigned to your device, regardless
of who initiates the activity or whether your device actually receives the data. This
includes, but is not limited to, the amount of data associated with the particular
information/item (e.g. game, ringer, email, etc.), additional data used in accessing,
transporting and routing this information/item on our network, data from partial or
interrupted downloads, re-sent data, and data associated with unsuccessful
attempts to reach websites or use applications. Based on these and a number of
other factors (e.g., the specific application, network performance, etc.) data used
and charged to you will vary widely, even for the same activity. Estimates of data
usage - for example, the size of downloadable files - will not be accurate or a reliable
predictor of actual usage. Your invoice will not separately identify the number of
kilobytes attributable to your use of specific sites, sessions or services.
Taxes and Surcharges. We invoice you for taxes, fees and other charges levied by or
remitted directly to federal, state, local or foreign governments including, without
limitation, sales, gross receipts, Universal Service,use, and excise taxes. If you
claim any tax exemption, you must provide us with a valid tax-exempt document.
Tax exemptions are not applied retroactively. We also invoice you for surcharges
that we collect and keep to pay for the costs of complying with government
programs such as number pooling and portability, and Enhanced 911 service; these
charges are not the taxes nor government imposed assessments.
Invoicing & Payment. Invoicing cycles and dates may change from time to time.
Monthly recurring and related charges for Services are generally invoiced one
invoicing cycle in advance. Other charges are invoiced soon after they are
incurred. Most usage is generally applied to the invoicing cycle in which they are
incurred, but in some instances may be applied to subsequent invoicing cycles.
You are responsible for all charges associated with any device activated on your
account, regardless of who used the device. You must pay all charges by the due
date on the invoice.
Past due amounts accrue late charges until paid at the rate of 5%
per month or at the highest rate allowed by law and may result in immediate
suspension of your account. If you agree to any auto-payment option through
banking or credit account, we may initiate payment from the account for all
amounts we invoice you without additional authorization or notice. Based on your
credit or payment history, we may require certain forms of guaranteed payment as a
condition of maintaining Services. If we invoice you for amounts on behalf of a
third-party, payments received are first applied to amounts due to us. You may be
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