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Terms and Conditions of Services 45
Terms & Conditions
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 charged additional fees for certain
methods of payment and for payments denied by a financial institution.
51


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