Terms and Conditions

Click the appropriate section to view terms for a specific service.

Applicability of Terms and Conditions

Silver Star services are granted based on local, state and federal laws and acceptable use policies, including but not limited to:
  • You may not make available via Silver Star’s Network to others any material that is copyrighted or violates local, state or federal law.
  • You may not utilize the connection to Silver Star’s Network for commercial purposes or personal gain and may not sell/re-sell such access.
  • You are responsible for all use of computer(s), whether used by you or others, connected via Silver Star’s Network and for ensuring that any use does not invade or adversely affect the operation of Silver Star’s Network.
  • Silver Star may restrict or limit usage of Network for entertainment purposes: transfer of video, audio files, etc.
  • You may not send or relay UCE/SPAM/BULK emails.
  • You must be 18 years of age or older.
  • Excessive or sustained bandwidth consumption may burden Silver Star’s network harming other user experiences and such usage may be restricted.

Billing

Your monthly invoices are sent on or around the first of each month. Payment is considered delinquent if not received by the due date on the invoice. Fractions of a month are prorated and are calculated based on a 30 day month. If your payment will not reach us by the due date, contact Customer Service to discuss payment arrangements.

Delinquent Accounts:

In the case of delinquent payment, you agree to pay all costs of collection including a reasonable attorney’s fee, together with interest at a rate of 1.5% per month on any balance due. Services will be suspended or disconnected if your account is delinquent and payment arrangements have not been made or were made and not kept, you become insolvent or are subject to bankruptcy proceedings, your check is returned for insufficient funds, or you violate any term of this agreement. A reconnection fee of $30 per account is required to reinstate services.

Disputing Charges:

You may dispute charges within 90 days of receipt, unless otherwise provided by law. You are still responsible for the balance due until the dispute is resolved. You may call us to dispute your bill, but to preserve your right to bring an arbitration or small claims case regarding such dispute, you must contact us in writing, within 90 days using one of the following methods: Submit a description of the disputed charges in writing to Customer Service, Silver Star Communications, PO Box 226, Freedom, WY 83120 or through the “contact us” form at SilverStar.com. IF YOU DO NOT NOTIFY US IN WRITING OF SUCH DISPUTE WITHIN THE 90-DAY PERIOD, YOU WILL HAVE WAIVED YOUR RIGHT TO DISPUTE THE BILL OR SUCH SERVICE(S) AND TO BRING AN ARBITRATION OR SMALL CLAIMS CASE REGARDING ANY SUCH DISPUTE.

Returned Checks:

A returned check is considered the same as non-payment and will result in a $15 processing fee. If payment is insufficient a second time, cash or credit card will be required.

Taxes and Surcharges:

You are responsible for federal, state and local taxes, carrier charges and mandated fees, including but not limited to excise, sales, use, receipts, 911, message taxes and landline access, long distance, toll, interconnect, maritime service, and operator assisted/information calls. Provide an original Tax Exempt Document to be relieved of taxes (credits will not be issued for any taxes already paid).

Wireless Overages and Roaming:

Overage rates for limited minute plans will incur a $0.35 per minute charge. Roaming minutes will incur a $0.69 per minute charge. Mobile data overages for national smartphone plans will be incurred at $20 per gigabyte. Separate overage and roaming charges of $0.25 per megabyte will be incurred on local smartphone and broadband data plans and mobile broadband plans.

Wireless Picture and Text Messaging:

Without a picture package subscription or data plan, picture messages sent or received will be charged $0.99 per message; this fee applies for overages as well. Without a texting package subscription, text messages sent or received will be charged $0.10 per message; this fee applies for overages as well.

Credits:

Silver Star makes no representation that the network will be error free, uninterrupted, or free from any unauthorized access. Silver Star will not be liable for service interruption for less than 16 continuous hours. Except for the credits described in the next paragraph, we shall not be responsible or liable to you or to any other person or entity for any problem with the service provided (meaning any mistake, omission, interruption, delay, error, defect, denial, lack of privacy, or other failure). Under no circumstances shall Silver Star be responsible or liable to you or to any other person or entity for any other damage, loss or expense arising from the problem or from your equipment, including but not limited to any loss of opportunity or profit, or any special, incidental, or consequential damages. Determining the Credit: If Silver Star’s service is unavailable for an extended period of 16 or more consecutive hours as a result of a service problem and you are subsequently billed for access during this period, you may contact Customer Service before the invoice due date, and once Silver Star verifies the occurrence credits may be issued.

Deposits:

Silver Star may require you to pay a deposit to be held as guarantee of your payment of future charges, unless you have been an existing customer in good standing for one year or you provide a letter of good credit from a current or most recent telephone company, where service was established under your name. Deposits will be held for six months for landline service or 12 months for wireless phone service until continuous good payment history has been achieved with no disconnects for non-pay or non-sufficient fund checks during the period. The deposit will then be refunded as an account credit with interest. Deposits required:
  • Voice/Internet/Cable: Two months of estimated monthly service total.
  • Wireless Phone: Deposits may be a flat rate of $200 per line or based on credit score ranging from $0-$200.

Equipment:

You may not sell, transfer, lease, relocate, or assign all or part of equipment owned by Silver Star. You shall pay to Silver Star the full manufacturer's suggested retail price for the replacement of any lost, stolen, unreturned, damaged, sold, transferred, leased, or assigned Silver Star equipment or part thereof, together with any incidental costs incurred by Silver Star relating to the replacement of the equipment. You hereby authorize Silver Star to charge your account or credit card on file for any such charges. Silver Star may, at its option, install new or reconditioned equipment. Back-up Requirements: The installation, use, inspection, alteration, maintenance, repair or removal of the Silver Star equipment and software may result in service outage or potential damage to your equipment. If you do not back-up all existing computer files by copying them to another storage medium prior to such activities, you understand and accept the associated risks of not making such a backup. In any event, Silver Star shall have no liability whatsoever for any damage to, loss or destruction of your equipment, peripherals, software, or data.

Silver Star Owned Equipment:

Silver Star owned equipment will be provided for your use to obtain Internet. If you move or cancel service and do not return the provided equipment in working condition, a $100 fee will apply. If the Silver Star owned equipment fails, it will be replaced at no cost to you unless the cause was a result of damage to, misuse or failure to protect with a power protection device (including lightning strikes). In this case, a $100 replacement fee will apply. All maintenance and repair of the equipment shall be performed by Silver Star. Wireless Internet customers may require additional equipment depending on location of service.

Information and Content:

Silver Star is not a publisher of third party information or content and is not responsible for any opinions, advice, statements, or other information, services or goods provided by third parties. Any information you involuntarily or voluntarily provide third parties is governed by their policies. Neither Silver Star nor its content providers, service providers or other third parties shall be liable to you for any loss or injury arising out of or caused, in whole or in part, by any information acquired through Silver Star’s services. You acknowledge that every business or personal decision, to some degree or another, represents an assumption of risk, and that neither Silver Star nor its content and service providers or suppliers, in providing access to information, underwrites, can underwrite, or assumes your risk in any manner whatsoever.

Activation/Installation/Labor:

It is necessary for you to be present for installation of services; please contact us to reschedule the day prior to the appointment or a no show fee of $50 will apply. Installation in rental units or homes requiring new installation or wiring must provide authorization from the owner. Certain term agreements may waive the installation fees listed below. Assistance with customization and installation beyond what is listed below is available at the hourly rate. Additional terms and installation fees may apply on business service agreements.
  • Cable TV: Standard activation is $75 and includes the connection of a digital box, DVR or TiVo device, and reconnection of all devices already connected when the technician enters the premise.
  • Digital Voice: A $35 activation fee will apply per account for basic digital voice service. A quote will be provided for multiple lines or phone systems.
  • Internet: Standard activation is $75 and includes configuration and installation of service to one device.
  • Wireless Phone: Activation fees are $35 for the primary line and then $10 for each subsequent line.
  • Multiple Services: Activation for a combination of Internet and Digital Voice and/or Cable TV not to exceed $100.
  • Rates: $85/hour for networking and wiring

Plans and Pricing:

Silver Star reserves the right to change service plans and bundles, pricing and terms of service, even if the agreement has not expired. If a change is made increasing your cost, 30 days advance written notice by email or mail will be provided. If you do not agree to a change which increases your cost, you may elect to change your rate plan to any other plan offered by Silver Star. If you cancel under these circumstances, you must give notice of cancellation to Silver Star and you will be subject to early termination fees. Upgrades to services will not incur service fees; other plan changes may incur a $12 service fee.

Return Policy:

You may return or exchange retail products and wireless devices purchased from Silver Star with a proof of purchase, original packaging, in like new condition, and with all original package contents, within 14 days of purchase. A restocking fee of $35 applies for mobile devices. Merchandise purchased through a Prepaid Wireless Plan may not be returned. Individual manufacturer warranties apply for purchased merchandise.

Security:

Silver Star does not guarantee security. If you use your device to access company email or information, it is your responsibility to ensure your use complies with your company’s internal IT and security procedures. Silver Star recommends the use of firewall, Anti-Virus, Anti-Spam, Anti-Spyware and Anti-Malware hardware/software.

Service Interruption:

Silver Star is not responsible for failure to perform any obligation or provide any services hereunder due to any Act of God or nature, strikes, work stoppage, equipment or facilities shortages, governmental acts, directives or abuse, war, riot or civil commotion, or any other force beyond our immediate and reasonable control. Service may be interrupted for a variety of reasons, including maintenance activities. Notice will be provided when possible.

Support and Repairs:

Silver Star provides 24/7 complimentary technical support. If issues are not resolved with technical support, an appointment will be scheduled for repair. If it is determined that the problem is other than Silver Star’s network or facilities or equipment, an hourly rate of $85 will apply, with a minimum of one hour, pro-rated for each additional half hour. Contact your local office to report problems with your service (you may dial 611 from the location where local phone service is not working).

Termination:

You may cancel service by notifying us in writing or by phone. Early termination fees may apply, as they pertain to each individual service. Silver Star may cancel your service at any time as a result of non-payment, subject to any grace periods, or breach of any other material provision hereof. In such case, you will still be responsible for payment of all outstanding balances accrued, including equipment and termination fees. Monthly service charges are nonrefundable if service is terminated prior to the end of a billing cycle.

Moving:

If you move within the Silver Star service area, new installation charges will apply. If you move out of the area and provide proof of new residency, termination fees may be waived.

Relinquishing Accounts:

You may relinquish service to another individual by submitting a signed authorization form. Relinquished service orders may incur a $12 fee. Customers obtaining relinquished service will be subject to existing agreement terms and deposit requirements. Business customers with phone directory advertising will assume existing payments.

Early Termination Fees:

The following fees apply per remaining month of the term: Cable TV or Internet: $10/month per service
  • Digital Voice: Monthly service for each remaining month
  • Wireless: $10/month per line
  • Promotion Credits: If you received promotional credits and did not fulfill the term, you will be responsible for the original promotion credit.
  • Outstanding Charges: You are responsible for all outstanding charges, including those processed after cancellation (typical with long distance and wireless voice).

Local Telephone Service and Long Distance

You agree to pay monthly local service in advance and toll charges in arrears. The first billing statement will include local service charges for the upcoming month, pro-rated service charges from the connection date, and connection fees and deposits if applicable. Business lines receive a complimentary listing in the yellow pages of Silver Star’s phone directory and any directories that purchase Silver Star’s listings. Residential listings are not eligible. Bundled long distance calling minutes are available only for the month of service and do not accumulate over time.

Digital Voice Service

Service Details:

Digital Voice service requires an Internet connection and recommended speeds of 1.5Mb or higher. Internet service with high latency may decrease the quality of service received with Digital Voice.

Equipment:

Digital Voice requires certain equipment provided by you such as a SIP-aware access device, personal computer, an Ethernet card and an appropriate operating system, as well as certain equipment provided by Silver Star such as the software, an edge access device, an IP phone or SIP gateway.

E911:

The Federal Communications Commission (“FCC”) requires that Silver Star provide E911 Service to all customers who use Silver Star’s services within the United States. CUSTOMER ACKNOWLEDGES THAT SILVER STAR'S DIGITAL VOICE EQUIPMENT AND SERVICES DO NOT SUPPORT 911 EMERGENCY DIALING OR OTHER EMERGENCY FUNCTIONS IN THE SAME WAY AS TRADITIONAL WIRELINE 911 SERVICES. THE CUSTOMER HEREBY AGREES TO NOTIFY ANY POTENTIAL USER OF THE SERVICES, WHO MAY PLACE CALLS USING CUSTOMER'S SERVICES, OF THE 911 LIMITATIONS DESCRIBED HEREIN. CUSTOMER AGREES TO RESPOND AND AFFIRMATIVELY ACKNOWLEDGE THAT SILVER STAR HAS ADVISED CUSTOMER OF THE CIRCUMSTANCES UNDER WHICH E911 SERVICE MAY NOT BE AVAILABLE OR MAY BE LIMITED IN COMPARISON TO TRADITIONAL 911 EMERGENCY DIALING. SILVER STAR ADVISES CUSTOMER TO MAINTAIN AN ALTERNATIVE MEANS OF ACCESSING TRADITIONAL 911 SERVICES. CUSTOMER ACKNOWLEDGES THAT THE SERVICES WILL NOT FUNCTION IN THE ABSENCE OF ELECTRICAL POWER. CUSTOMER ACKNOWLEDGES THAT THE SERVICES WILL NOT FUNCTION PROPERLY IF THERE IS AN INTERRUPTION OR A LACK OF BANDWIDTH OF CUSTOMER'S BROADBAND OR HIGH-SPEED INTERNET ACCESS SERVICE. E911 SERVICE IS NOT OFFERED ON INTERNATIONAL NUMBERS, TOLL FREE NUMBERS OR SIMILAR SERVICE ACCESSORIES OR ADD-ON PLANS. CUSTOMERS WHO SUBSCRIBE TO SILVER STAR E911 SERVICE WILL BE REQUIRED IN WRITING TO REGISTER THE PHYSICAL LOCATION OF THEIR EQUIPMENT (ATA or IP PHONE) WITH SILVER STAR, AND AGREE TO UPDATE THE LOCATION WHENEVER THE PHYSICAL LOCATION OF SERVICE CHANGES. SILVER STAR IS NOT LIABLE FOR ANY DAMAGES OR INJURIES OCCURRING AS A RESULT OF THE CUSTOMER’S FAILURE TO UPDATE THE PHONE LOCATION. ** AFTER INITIAL ACTIVATION OF THE E911 SERVICE, AND FOLLOWING ANY CHANGE OF AND UPDATE TO CUSTOMER’S PHYSICAL LOCATION, THERE MAY BE SOME DELAY BEFORE THE AUTOMATIC NUMBER AND LOCATION INFORMATION IS PASSED TO THE LOCAL EMERGENCY SERVICE OPERATOR. THIS INFORMATION IS TYPICALLY POPULATED INTO THE E911 DATABASES PRIOR TO SERVICE ACTIVATION, BUT NO GUARANTEE CAN BE MADE THAT THE AUTOMATIC NUMBER AND LOCATION INFORMATION WILL BE ACTIVATED WITHIN ANY PARTICULAR TIMEFRAME. CUSTOMER ACKNOWLEDGES AND UNDERSTANDS THAT SILVER STAR WILL NOT BE LIABLE FOR ANY SERVICE OUTAGE AND/OR INABILITY TO DIAL 911 OR ANY OTHER EMERGENCY TELEPHONE NUMBER USING SILVER STAR OR TO ACCESS AN EMERGENCY SERVICE OPERATOR DUE TO THE 911 DIALING CHARACTERISTICS AND LIMITATIONS SET FORTH IN THIS AGREEMENT. CUSTOMER AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS SILVER STAR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS AND ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO CUSTOMER IN CONNECTION WITH THE SERVICES, FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY FEES) BY, OR ON BEHALF OF, CUSTOMER OR ANY THIRD PARTY OR USER OF THE SERVICE RELATING TO THE FAILURE OR OUTAGE OF THE SERVICE, INCLUDING THOSE RELATED TO 911 DIALING.

Fraudulent Calls:

In the event Customer connects the Services to the public switched network, Customer is solely responsible for selection, implementation and maintenance of security features for protection against unauthorized calling, and Silver Star shall have no liability therefor. Customer is solely responsible for payment of long distance, toll and other telecommunications charges incurred through use of the Services being provided hereunder. Customer shall indemnify and hold Silver Star harmless from all costs, expenses, claims or actions arising from fraudulent calls of any nature carried by means of the Services. Customer shall not be excused from paying Silver Star for Services provided to Customer or any portion thereof on the basis that fraudulent calls comprised a corresponding portion of the Services. In the event Silver Star discovers fraudulent calls being made, nothing contained herein shall prohibit Silver Star from taking immediate action, without notice to Customer that is reasonably necessary to prevent such calls from taking place. Notwithstanding, it is understood that Silver Star is under no obligation to investigate the authenticity of calls charged to Customer's account and shall not be liable for any fraudulent calls processed by Silver Star and billed to Customer's account.

Cable Television

You must subscribe to a base programming package in order to receive additional services such as premium movie services, DVR/TiVo access, etc. Silver Star reserves the right to change program packages and the channels within those packages, prices, and any other service off­ered, at any time. Certain programming, including sports events, may be blacked out in your local reception area. Blackout restrictions are decided by the sports leagues and the other entities that own the local broadcast rights.

Internet

Silver Star provides high-speed Internet via wired and wireless technologies. Connection speeds refer to the speed between your location and Silver Star. Actual speeds may fluctuate due to Internet congestion, server or router speeds, and other factors, which cannot be controlled by Silver Star. Silver Star guarantees a “best-effort” level of service.

Wiring for DSL Service:

DSL service requires a working phone line in the location. For homes with existing service that need new wiring for connectivity, Silver Star will provide inside wiring for $85/hour or to one connection for a flat fee of $50 at the time of installation. For homes without previous landline service, aid to construction is available with a Permanent Contract for Construction.

Bandwidth Management

Silver Star’s standard Internet plans delivered by DSL, Cable Modem, Wireless and Fiber to the Premise are designed for typical use by average residential and small business users. Computer activity resulting in excessive or sustained bandwidth consumption may burden Silver Star’s network harming other user experiences and such usage may be restricted. Extraordinary use may be indicated by sustained high usage during the day and evening, exceeding the daily threshold outlined below, consumption of data greater than 95% of other customers, or numerous simultaneous connections.

Network Management:

Silver Star’s network is a shared resource among subscribers and in order to keep prices reasonable for the majority of our customers, Silver Star reserves the right to monitor use, implement a specialized plan, and/or restrict the data throughput speeds for the top 5% of users on a standard internet plan consuming extraordinary bandwidth. Silver Star’s standard Internet plans are designed for typical Internet use. Those using extraordinary amounts of bandwidth or needing a higher service level are eligible for our specialized plans. Our network management practices are structured to provide high quality, consistent, reliable service to the majority of our customer base. It is your responsibility to ensure that your Internet activities do not inhibit, disrupt, degrade or impede Silver Star’s ability to deliver and monitor services over Silver Star’s backbone, network nodes, and/or other network services.

Extraordinary Use:

Silver Star considers extraordinary use any bandwidth or data consumption that is significantly higher than the majority of Silver Star customers’ typical usage and/or the national consumer average consumption for which Silver Star’s network is designed.

How does Silver Star evaluate usage?

Silver Star uses network analysis tools to manage its network. These tools and techniques are dynamic, like the network and its usage, and can and do change frequently. For example, these network management activities may include (i.) identifying spam and preventing its delivery to customer email accounts, (ii.) detecting malicious Internet traffic and preventing the distribution of viruses or other harmful code or content, (iii.) limiting speeds during periods of extended congestion, (iv.) requiring an upgrade or purchase of a different data plan, and (v.) using other tools or techniques that Silver Star may be required to implement in order to meet its goal of delivering the best broadband Internet experience to all its customers. Our network analysis includes collecting data on customer traffic patterns, bandwidth consumption, and primary types of use. The network analysis does not invade privacy of our customers. Excessive users are those who exceed the following daily threshold more than one-half of the days in their billing cycle. Customers who exceed these thresholds for multiple and three consecutive billing cycles will be notified by Silver Star.
Excessive Use Daily Threshold (combined upstream and downstream)
Service < 4Mbps 6Mbps 10Mbps 15 Mbps 20 Mbps 30 Mbps
Threshold in Gigabytes/day 2 Gb 3 Gb 5 Gb 8 Gb 10 Gb 15 Gb
 

What services are restricted to Residential/Small Business service users?

Residential/Small Business Service does not provide the type of security, upstream performance, total downstream throughput capability, or class of service typically associated with commercial use. Examples of prohibited uses include, but are not limited to, running servers for mail (pop3 and smtp), http, https, FTP, IRC, DHCP and multi-user interactive forums, broadcasting, traffic requiring sustained throughput, providing network services to others via Silver Star’s service.

How does Silver Star address excessive or uncharacteristic use?

Should Silver Star, in its sole but reasonable discretion, determine that a customer has exceeded the Excessive Use threshold or is using the service in a manner significantly uncharacteristic of a typical user, or appears in the top 5% tier multiple months in a row, Silver Star will work with the customer to (i.) upgrade service; (ii.) adjust, suspend or terminate service; or (iii.) use any technology to be chosen by Silver Star to restrict the user’s service for purposes of protecting Silver Star’s network integrity. For information on Silver Star’s open network policy, visit http://www.silverstar.com/nondiscrimination-network-policy.aspx.

Wireless Voice and Data

Upon activation of your Silver Star device, we will authorize service to you using the Silver Star Network in accordance with your service agreement and these terms and conditions. You authorize Silver Star and its agents to fax your signature and check your credit references through a credit bureau and with other references and to report Silver Star’s credit experience with you to credit bureaus (contracted options). If you are signing on behalf of a corporation or other entity, you give your assurance that you have authority to sign, and if you lack the authority, that you will be personally responsible for all amounts due under this agreement. If you are signing on behalf of a partnership, or Private Corporation, or Limited Liability Corporation or other entity, you personally guarantee payment and performance of all obligations of this agreement. You understand that should you wish to cancel your Silver Star agreement after the 14 day satisfaction guarantee, you must give at least 30 days’ notice. You understand that all rate plans require 50% of your monthly use to originate from Silver Star’s network.

Availability:

Silver Star’s wireless service is provided over radio facilities and is available only within their operating range. Radio signals are subject to inherent limitations, such as interference from intervening terrain, structures or heavy foliage, and the effects of excess distance, multi-path distortion, radio or electronic interference, and other natural or man-made conditions. Service may be limited or unavailable due to acts of nature, system repair or emergency maintenance. If fraud, abuse, or hacking is reported your service may be discontinued immediately. If you are outside Silver Star’s wireless network, service is also subject to the availability of roaming arrangements, and functionality may vary.

Billing:

All charges must be paid by you, whether use originates from your device, use terminates on your device, or whether the use is on Silver Star’s system or another provider’s system. Charges incurred on another network may not be sent to Silver Star during the month of use and may appear on a later statement than when the use took place. Roaming use applies against the plan for the month in which billed. Your charges start with the channel seizure (when you press the SEND button). You are not charged for busy signals or when no one answers if END is pressed within 8 seconds. Airtime is billed in 60 second increments. Because fractions of minutes are rounded up, the actual included minutes available may vary.

Data Service:

You are responsible for all data charges, including browsing, downloads, and sent and received email and picture messages. While in a data session, you will be unable to make/receive voice calls. Data use and overage rates depend on the service plan selected. Service is only available when accessing a tower that is data-enabled. Silver Star encourages you to switch your smartphone to a wireless connection especially when traveling to reduce the possibility of overages.

Distracted Driving:

For your safety and the safety of others, cellular use should not be conducted while driving a vehicle. Do not use your cellular phone or device in any circumstance that would increase the risk of an accident or other hazard.

Equipment Protection:

The Equipment Protection Plan must be added within 14 days of activation and covers theft, loss or direct physical damage not covered by manufacturer warranty. Replacement models will be of equal or similar functionality, and of equal or lesser value, and may be new or refurbished. No cash reimbursements will be paid. Any device being replaced by this plan will become property of Silver Star. There are a maximum of two replacements in a 12 month period, and the plan must remain in place for six months after each replacement before service can be canceled or a renewal can be offered. You are responsible for monthly service fees while the replacement is being processed and for the loss of or damage to any loaned equipment. If a replacement is deemed fraudulent, you will be charged for the retail price of the replacement. If you cancel service or have service terminated for non-payment within six months of the most recent replacement, you will be responsible for the full retail value of the device, less any payments made toward that device. A replacement equipment fee will apply for each replacement and is available from Customer Service or as published online at SilverStar.com.

Excessive Use:

If excessive use continues for three consecutive months, Silver Star reserves the right to change your plan or terminate voice or data service on both limited and unlimited plans. Excessive use means more than 50% of your voice or data use occurred outside of Silver Star’s network or in the top 5% of users for three consecutive months.

Limitations and Prohibited Use:

All cellular use should be conducted in a legal manner and not for unlawful purposes, such as aiding or committing a crime or when you are in an airplane or near anything explosive, or flammable, or in the vicinity of blasting caps, explosives or blasting operations. While it is difficult and illegal for unauthorized persons to intercept conversations carried on Silver Star’s system or the wire line network, the privacy of your conversations is not guaranteed. Devices are available to scramble your conversations electronically. Excessive consumption of network or system resources (whether intentional or unintentional) and “denial of service” (DoS) attacks against another network host or individual user; interference with or disruption of other network users, network services or network equipment are all prohibited. Plans are for individual use only and are not for resale. Data service is not intended to provide full-time connections and may be discontinued after a significant period of inactivity or for excessive use. Silver Star reserves the right to limit throughput speed or immediately terminate the service of any such person without notice if excessive or illegal use is reported.

Phone Number Changes:

A $35 fee applies for customer initiated phone number changes. Silver Star reserves the right to change each phone number assigned to you on its system.

Phone Purchase Plan:

The phone purchase plan does not carry an agreement term for services. You agree to pay monthly installments for 24 months at 0% interest. Models may require a down-payment, which is due at the time of activation. The phone becomes your property once all payments have been made. If your phone malfunctions in the first 12 months, it will be sent to the manufacturer for repair, under the manufacturer’s one year warranty. If your phone malfunctions after 12 months or has damage that is not covered by the manufacturer, you will be responsible for the remaining balance due on the phone before a new phone purchase plan may be started unless you have the Trade-Up or Equipment Protection plan, where the remaining balance on the phone is waived and a replacement fee applies.

Trade-Up Plan:

The Trade-Up plan is available for subscribers to the phone purchase plan, and must be added at the time of purchase or within 14 days of activation. You must subscribe to the Trade-Up plan for six months before trading up into a new phone and then will be eligible every six months following. When you trade-up with a phone in good working condition, your current purchase plan balance is forgiven. Good working condition means that your phone functions properly, has an intact screen free of visible scratches, and has no major cosmetic damage. A Silver Star representative determines whether or not the phone is in working condition. If the phone is damaged (i.e. cracked screen, water damage, no power), a replacement fee will be assessed before the trade-up will be processed. At the time of trade-up, you will begin a new 24 month purchase plan, and a down-payment may be required. Your account must be in good standing to process a trade-up. You may cancel this program at any time and will owe only the remaining balance on the current phone purchase plan.

Picture Messaging:

Sending and receiving picture messages is available only in the Silver Star network and select partner networks while roaming. Smartphone users do not need a picture messaging plan; picture messages apply to data package. Charges will apply for picture messages sent from your phone, even if not delivered to the intended recipient due to system or compatibility issues. Picture messages sent to your phone will incur no charges unless you download them.

Porting Numbers:

Each line ported to another carrier will be assessed a $25 port charge.

Text Messaging:

The ability to receive messages in any geographic area is not an indication that you can send messages. There is no guarantee of actual delivery or delivery within a specific period of time. If your phone is turned off, the memory is full or you are outside the service area, the network will store and resend messages for up to 72 hours. Messages not delivered after 72 hours will be deleted. Maximum outgoing message length is 160 characters, which include the header, name, call back number and email address. Any incoming messages over 160 characters will be split into multiple messages. Any characters over the maximum will be split into multiple messages. Messages will delete after 640 characters, which exceeds message capacity. Silver Star cannot guarantee that you will not receive unsolicited messages. Without Silver Star’s permission or your knowledge, your telephone number and/or message may be intercepted by third parties.

Wireless Mobile Broadband Rental Program:

You understand that Auto-Pay service is required for the rental program. Data consumption may be monitored for both limited and unlimited data plans for excessive use (see above). The date of estimated equipment return is only an estimate; you are responsible for contacting Silver Star if you plan to return equipment before or after that date. If you do not contact us or return equipment 10 days after the estimated return date, Silver Star will charge your credit card $350 less any equipment deposit.

The following section applies to resolving disputes for all Silver Star services.

General Matters:

Silver Star may assign its rights, obligations and liabilities under these terms and conditions without notice to you. You may assign your rights, obligations and liabilities hereunder only with Silver Star’s prior written consent. Subject to this restriction, these terms and conditions shall be binding on your heirs, representatives, and permitted assigns or successors in interest, if any. All notices required hereunder must be in writing. Each notice to you shall be effective the day after Silver Star deposits the notice in the U.S. mail, postage prepaid, addressed to you in accordance with Silver Star’s records of your account. Notices to Silver Star shall be effective only when actually delivered to an authorized employee of Silver Star at its headquarters address. If any provision hereof is held to be unenforceable or contrary to law, then the provision shall be revised, if possible, by the reviewing authority to the minimum extent necessary to make the provision enforceable and legally valid and the remaining provisions shall continue in effect. Your service agreement may not be modified unless the modification is in writing signed by you and an authorized employee of Silver Star. Any failure by Silver Star to insist on strict performance of any of your obligations under the terms of your service agreement will not be a waiver and shall not affect Silver Star’s right to insist later on strict performance of your obligations. If any prior statement, communication or agreement with you that was made on behalf of Silver Star is inconsistent with these terms and conditions, then these terms and conditions shall control and take precedence.

Arbitration:

Any dispute or claim arising out of or relating to your contract for service and these Terms and Conditions or to any product or service provided in connection herewith (whether based in agreement, tort, statute, fraud, misrepresentation or any other legal theory), will be resolved by arbitration as mutually agreed to by the you and us, except that (i.) you may take claims to small claims court if they qualify for hearing by such a court, or (ii.) you or we may choose to pursue claims in court if the claims relate solely to the collection of any debts you owe to us. However, even for those claims that may be taken to court, you and we both waive any claims for punitive damages and any right to pursue claims on a class or representative basis.

Indemnification:

In the event that any personal injury, property damage, distress, harassment, defamation, copyright infringement, agreement breach or other harm is caused by you or any other person or entity while using your cellular phone or device, or if you fail to perform this agreement or to act in accordance with any of its provisions, then you shall pay for and protect Silver Star against every resulting claim, suit, action, loss, expense, or liability, including attorney’s fees and litigation expenses (including those on appeal). Your obligations in this regard shall survive the expiration or termination of this agreement and your protection of Silver Star under this paragraph shall also extend to Silver Star owners, managers, employees, agents. The use of cellular devices while operating a motor vehicle may be prohibited by law. It is your responsibility to obey all laws and you will indemnify Silver Star of such use. This agreement constitutes the entire agreement between you and Silver Star regarding your service, but may be amended at any time in its sole discretion by Silver Star.

Waiver of Punitive Damage Claims and Class Actions:

By this agreement to arbitrate set forth above, both you and we are waiving certain rights to litigate disputes in court. If for any reason the arbitration clause is deemed inapplicable or invalid, you and we both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any rights to pursue any claims on a class or consolidated basis or in a representative capacity.

Your Rights:

You have the right to terminate this agreement in writing in the event that we fail to perform or observe conditions under these terms and conditions within 30 days after receiving written notice of the default. If with diligence and in good faith, repairs cannot be made in 30 days, Silver Star and Affiliates shall have reasonable additional time, not to exceed 90 days, to make amends. If you cancel, suspend or defer any order for services hereunder after we have begun efforts to repair service, you shall pay all related fees and costs reasonably incurred for the initial term of service.

Attorney’s Fees:

You agree to pay any reasonable attorney’s fees and legal expenses incurred by Silver Star and Affiliates as a result of your failure to comply with these terms and conditions. In the event of legal action arising out of or related, hereto including claims for non-payment of amounts owed, Lincoln County, Wyoming shall be the exclusive jurisdiction and legal venue for said action and these Terms and Conditions and any related service shall be construed according to the laws of the State of Wyoming. These Terms and Conditions supersede any previous agreements, verbal or written.

Other Liability Limitations:

Silver Star and Affiliates shall not be responsible or liable to you or to any other person or entity for any act or omission of any person or entity other than Silver Star and Affiliates, or due to any cause beyond the control of Silver Star and Affiliates, including but not limited to, acts or omissions of other communications carriers, equipment manufacturers, lack of security, government actions or inaction, license restrictions, court orders, equipment failures, modifications, capacity limitations, vandalism, theft, criminal acts, terrorism, war, or accidents. Any liability of Silver Star and Affiliates to you shall be limited to Silver Star and Affiliates and shall not entitle you to any legal recourse against any owner, manager, employee, or any person representing Silver Star and Affiliates. We will be responsible or liable to you only for up to two months of your average rate plan cost.