Acceptable Use Policy

Effective Date: June 9, 2023

Permissible and Prohibited Uses

Your data plan is intended for Web browsing, messaging, and similar activities on your device and through hotspot that any of your other devices can use. Your smartphone or tablet becomes a Wi-Fi connection for devices like tablets, laptops and more. After exceeding your high-speed data cap, you can still use hotspot at lower speeds of 3G (512 Kbps) for the rest of the month. Tethered data (e.g., Mobile Hotspot data) will be restricted to the same policy as the rate plan. Examples of prohibited uses include but are not limited to: (a) server devices or host computer applications, including continuous Web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections or peer-to-peer (P2P) file-sharing applications that are broadcast to multiple servers or recipients, “bots” or similar routines that could disrupt net user groups or email use by others or other applications that denigrate network capacity or functionality; (b) as a substitute or backup for private lines or dedicated data connections; (c) any activity that adversely affects the ability of other users or systems to use either Underlying Carrier’s services or the network-based resources of others, including the generation or dissemination of viruses, malware or “denial of service” attacks; (d) accessing, or attempting to access without authority, the information, accounts or devices of others, or to penetrate, or attempt to penetrate, Underlying Carrier’s or another entity’s network or systems; or (e) running software or other devices that maintain continuously active Internet connections when a computer’s connection would otherwise be idle, or “keep alive” functions. For example, you cannot use a Data Plan for Web broadcasting, or for the operation of servers, telemetry devices or supervisory control and data acquisition devices; or (f) results in unusually or unreasonably high usage in any period consistent with abuse and/or fraud.

Protective Measures

We may suspend, terminate, or restrict your data session, plan, or service if you use your Data Plan in a manner that interferes with other customers’ service, our ability to allocate network capacity among customers, or that otherwise may degrade service quality for other customers.

Downloadable Content and Applications

You can purchase Content & Apps for your device from third-party sellers in the App Store or Google Play. Any support questions related to these Content & Apps should be directed to the third-party seller identified at the point of purchase. When you use, download, or install Content & Apps sold by a third-party seller, you may be subject to license terms between you and the third-party seller and application developer or content owner. Any Content & Apps you purchase are licensed for personal, lawful, non-commercial use on your device only. You may not transfer, copy, or reverse engineer any of the Content & Apps, or alter, disable, or circumvent any digital rights management security features embedded in the Content & Apps. Sequoia Wireless does not restrict or impose restrictions on Content & Apps. For more information, please refer to the terms and conditions in the App Store or Google Play.

Misuse of Service or Device

You agree not to misuse the service or any device, including (a) reselling or rebilling our service (b) using the service or device to engage in unlawful activity, or engaging in conduct that adversely affects our customers, employees, business, or any other person(s), or that interferes with our operations, network, reputation, or ability to provide quality service; (c) tampering with or modifying your device; (d) “spamming” or engaging in other abusive or unsolicited communications; (e) reselling Underlying Carrier devices for profit, or tampering with, reprogramming or altering a Device for the purpose of reselling the device; or (f) assisting or facilitating anyone else in any of the above activities.  You agree that you won’t install, deploy, or use any regeneration equipment or similar mechanism (for example, a repeater) to originate, amplify, enhance, retransmit, or regenerate a transmitted Radio Frequency (“RF”) signal.

Accessibility Policy

Effective Date: June 9, 2023

This policy describes how persons with disabilities may use the wireless services offered by Sequoia Wireless. Individuals with hearing, vision, or speech impairments who want to apply for a specially equipped Sequoia Wireless device must email us at support@sequoiawireless.com and clarify their requirements.

Hearing Aid Compatibility

The Federal Communications Commission (FCC) has issued particular hearing-aid compatibility regulations for mobile phones to guarantee that manufacturers build phones compatible with hearing aid devices and assist users of Sequoia Wireless hearing aids in locating compatible phones. In particular, the FCC depends on criteria produced by the American National Standards Institute (ANSI) to assist customers in determining whether mobile phones are compatible with hearing aids. A phone is hearing aid compatible according to the 2019 ANSI Standard if it is labeled as such. The 2011 ANSI Standard employs a rating system: compatibility with telecoil hearing aids is determined by a ‘T’ rating (T1 through T4), and compatibility with microphone hearing aids is determined by an ‘M’ rating (M1 through M4).

The greater the M or T rating granted to a phone, the less interference there is for hearing aid users; phones rated 3 or 4 are considered hearing aid compatible.

Today, the majority of mobile phones are built to be compatible with hearing aids in accordance with ANSI Standards, reducing or eliminating interference that certain hearing aid users may encounter while using a cell phone. Interference occurs when the electronics within the hearing aid device pick up and demodulate radio frequency (RF) or electromagnetic interference (EMI) emitted by the cell phone or other sources, resulting in a buzzing, humming, or whistling noise for users with hearing aid devices while using certain cell phones. In addition to compatibility with hearing aids, the level of interference encountered will vary based on the hearing aid’s design.

Although the ANSI Standards are a helpful resource for customers when selecting a mobile phone, they do not ensure that a phone will not interfere with a certain hearing aid. In addition, although some of the wireless technologies used by phones have been evaluated and graded for use with hearing aids, there may be certain wireless technologies used by phones that have not yet been tested for use with hearing aids. Whether you wear a hearing aid, it is essential that you test the various capabilities of your phone in many places and with your hearing aid to discover if you hear any noise interference. If you have concerns regarding your hearing aid, the manufacturer or a hearing health specialist may provide assistance. You may also contact your phone manufacturer for further hearing aid compatibility information. In addition, if your mobile phone is not compatible with your hearing aid equipment, please contact Sequoia Wireless at support@sequoiawireless.com.

Sequoia Wireless assures that 100% of our wireless phones comply with ANSI standards for hearing aid compatibility. Sequoia Wireless presently provides the following wireless phones that are compatible with hearing aids:

See the FCC Guide at www.fcc.gov/hearing-aid-compatibility-wireless-telephones or the wireless industry association’s consumer resource guide at www.accesswireless.org/resources-for-consumers/hearing-resources for further information on hearing aid compatibility with wireless phones. Visit the Global Accessibility Reporting Initiative’s website at www.gari.info to learn more about the accessibility features available on modern and older mobile devices. For more information on accessibility features offered by iPhone, refer to apple.com/accessibility.

Telecommunications Relay Service

Telecommunications Relay Service (TRS) is a communication service that allows people with hearing or speech impairments to utilize the telephone system through a Text Telephone (TTY) or other device to contact others with or without such impairments via a TRS center. You may get more information on the numerous kinds of relay services via the FCC’s TRS website at www.fcc.gov/consumers/guides/telecommunications-relay-service-trs. You may also get information on the service offered in California via ddtp.cpuc.ca.gov/relay.aspx. Below are the different forms of TRS include the following:

• Text-to-Voice TTY
• Voice Carry Over (VCO)
• Hearing Carry Over (HCO)
• Speech-to-Speech (STS)
• Spanish Text-to-Voice TTY
• Captioned Telephone
• IP Captioned Telephone
• IP Relay
• Video Relay Service (VRS)
• Real-Time Text (RTT)

TRS is accessible for local and long-distance calls in all 50 states and territories of the United States. TRS providers are reimbursed for the expenses of delivering TRS by a state or federal fund, and TRS consumers incur no additional fees beyond ordinary calling rates. TRS may be contacted by calling 711 or by contacting your state relay provider, as mentioned in the FCC’s TRS Directory, which can be accessed at www.fcc.gov/general/telecommunications-relay-services-directory. TTY users should dial 911 immediately in case of an emergency.

Using Text Telephone with Sequoia Wireless Service

A Text Telephone (TTY) is a device that allows deaf, hard-of-hearing, or speech-impaired persons to use the telephone to communicate. Instead of speaking and listening, TTY allows individuals to write messages back and forth. Text-to-voice calls normally need a TTY on both ends, however, TRS can interpret conversations for text-to-voice calls.

The FCC requires digital wireless carriers to be capable of transmitting calls from a TTY connected wireless phone. While the FCC regulation applies only to calls made to 911, the ability to dial 911 enables users to make calls to anybody, wherever, so long as the recipient has a TTY or the call is translated through TRS. All our plans and iPhones are compatible with TTY.

IP-based calling services, such as Voice over LTE (VoLTE) and Wi-Fi Calling, do not support TTY calls, including those to 911. Customers with communications challenges who need to dial 911 while utilizing IP-based calling should utilize IP Relay, Video Relay, or IP Captioned Telephone Service. When supported, clients may also send a text message straight to 911. (text-to-911).

Using Real-Time Text with Sequoia Wireless Service

Real-time text (RTT) enables the delivery of text messages in real time as they are being created, making them more comparable to standard speech discussions. RTT permits audio communication in addition to text communication (simultaneous voice and text). In contrast to other texting systems, RTT is analogous to a phone conversation in that an RTT call must be initiated, the other person must answer the call for communication to begin, and both sides must hang up after the call is over. On a network that supports RTT, customers with RTT-enabled devices may be able to connect with persons also using RTT-enabled devices. Using RTT while connected to the wireless network will use your voice minutes, so it’s a good thing we provide unlimited minutes!

Using Other Telecommunications Relay Services with Sequoia Wireless Service

Sequoia Wireless’s data services may facilitate the usage of IP-based telecommunications relay services, such as Video Relay Service, IP Relay, and IP Captioned Telephone Service. These TRS services are superior to TTY for making aided calls, including 911 calls. Utilizing these services while connected to Sequoia Wireless’s wireless network will use your voice minutes, but no need to worry as your plan comes with unlimited minutes!

Customer Support

If you have concerns regarding how people with disabilities may utilize the wireless services of Sequoia Wireless, please contact us at support@sequoiawireless.com.

Devices and Health

Effective Date: June 9, 2023

Low-level radio frequency fields are created by wireless phones’ use of radio frequency signals for communication. Periodically, you could hear or read media reports about a fresh study showing a health danger linked to radio frequency from cellular phones – or showing no such risk. It can be challenging to interpret the most recent media article about a food, medication, or medical gadget that is said to have a negative, positive, or no impact on people’s health. And it appears that the following reports frequently contradict those stories.

We can gain insight from the strategy used by public health and regulatory officials who are skilled at interpreting the findings of scientific studies and evaluations to address a range of health issues. They don’t just focus on the most recent reports. All of the scientific findings are evaluated and weighed collectively, with a focus on the high-caliber ones that have been independently verified by further credible scientific reports.

The Federal Communications Commission (FCC) has extensive and ongoing power to control wireless telephone communication systems, including the power to safeguard users’ health and safety. The FCC discusses the connection between wireless technology and health on its website. A crucial question posed by the FCC: “Is there any evidence that cell phones cause cancer?”

FCC: Is there any evidence that cell phones cause cancer?

The FCC’s answer is “There is no scientific evidence that proves that wireless phone usage can lead to cancer or … other problems …”

The FCC has set limits on the levels of Radio Frequency (RF) fields that can be produced by wireless telephones to ensure they remain at safe levels. As the FCC points out on its website: “All wireless phones sold in the United States meet government requirements that limit their RF energy to safe levels.” Every wireless device provided through Sequoia Wireless compiles with FCC limits.

The FCC’s website also contains a detailed guide to Wireless Devices and Health Concerns that includes a discussion of more recent scientific developments and explains how the FCC set its exposure limits.

For those who remain concerned, the FCC also lists some simple steps people can take to reduce their exposure to radiofrequency fields from wireless telephones.

The FCC says: “Even though no scientific evidence currently establishes a definite link between wireless device use and cancer or other illnesses, and even though all cell phones must meet established federal standards for exposure to RF energy, some consumers are skeptical of the science and/or the analysis that underlies the FCC’s RF exposure guidelines. Accordingly, some parties recommend taking measures to further reduce exposure to RF energy. The FCC does not endorse the need for these practices but provides information on some simple steps that you can take to reduce your exposure to RF energy from cell phones. For example, wireless devices only emit RF energy when you are using them and, the closer the device is to you, the more energy you will absorb.”

FDA: Do Cell Phones Pose a Health Hazard?

The U.S. Food and Drug Administration (FDA) also has authority and expertise with respect to RF fields and health and has provided the FCC with its expert views. The FDA concludes in the article Do Cell Phones Pose a Health Hazard?: “The weight of scientific evidence has not linked cell phones with any health problems.”

Measures to reduce your RF exposure

• Use a speakerphone, earpiece, or headset to reduce proximity to the head (and thus exposure). While wired earpieces may conduct some energy to the head and wireless earpieces also emit a small amount of RF energy, both wired and wireless earpieces remove the greatest source of RF energy (the cell phone) from proximity to the head and thus can greatly reduce total exposure to the head.
• Increase the distance between wireless devices and your body.
• Consider texting rather than talking – but don’t text while you are driving.

California Emergency Relief Plan

Effective Date: June 9, 2023

Administrative Actions:

In the event the governor of California or a president of the United States declares a state of emergency which has either resulted in the loss or disruption of the delivery or receipt of utility service and/or resulted in the degradation of the quality of utility service, Sequoia Wireless shall file a Tier 1 Advice Letter within 15 days of the Governor’s or President’s state of emergency proclamation reporting compliance with implementing this Decision’s mandated emergency disaster relief customer protections and outreach activities. This Advice Letter would include which of the required relief measures the provider has implemented, which of the required relief measures the provider will implement pending an FCC Lifeline waiver, which of the required relief measures do not apply because we either do not provide or does not charge for that service, and which relief measures, if any, we would offer in addition to the required measures.

We shall provide the following mandated protections to their customers who are in a disaster-affected area under a covered emergency declaration by the governor of California or president of the United States: (a) provide mobile phones for customers seeking shelter from a disaster to use temporarily at a county or city designated shelter; (b) consider allowing customers to defer or phase payment for coverage charges for data, talk, and text for defined periods of time; and (c) consider extending payment dates for service for defined periods of time for impacted customers; and to consider providing temporary replacement phones for customers whose phones were lost or damaged as a result of a disaster or evacuation.

Sequoia Wireless shall file a Tier 1 Advice Letter at the default, 12-month conclusion of customer protection period, or as reasonably determined by the Governor’s Office of Emergency Services, detailing the mandated protections offered to the customer affected by the disaster, the start and end periods customers received the emergency customer protections, the outreach efforts conducted, the customer impacts, and basic metrics – that can be measured or estimated– such as the number of consumers that received each of the available protections over the course of the year. All Tier 1 Advice Letters, in compliance with this Decision, shall be filed on the service list of this rulemaking to ensure that all interested parties have the opportunity, through timely and efficient means, to receive notice and review these filings.

Freedom of Choice Policy

Effective Date: June 9, 2023

Sequoia Wireless respects the consumer rights and freedom of choice provisions set forth by the California Public Utilities Commission (CPUC) as followed:

Freedom of Choice

Consumers have the right to select the Wireless Service and Service Provider of their choice. Within California, there are 119 Wireless Service Providers currently active in the state. While consumers can choose from an array of Service Providers, the number of providers offering service will depend on the service area. Additionally, not all providers participate in federal benefit programs. Currently, there are 86 providers (72%) authorized by the FCC to participate in the Affordable Connectivity Program. This number reduces to 13 providers (11%) approved to participate in the California LifeLine Program and 12 providers (10%) approved to offer Federal Lifeline support.

Number Porting

Consumers have the right to change voice service providers within the same local area and keep the same phone number in accordance with the rules set forth by FCC regulations regarding Local Number Portability. We understand the wireless space has many differences, and while we commit to providing excellent service, we understand there may be situations when another Wireless Service Provider would offer a wireless plan that better suits your needs or coverage area. In these situations, we commit to the rules set forth by FCC regulations regarding “Local Number Portability” and permit a customer to keep the same phone number by porting over to their new Wireless Service Provider. We do not charge for providing this service.

Disclosures

Consumers have a right to receive clear and complete information about all material terms and conditions, such as material limitations.

Law Enforcement Request Procedure

Effective Date: June 9, 2023

Introduction

Sequoia Wireless, LLC (“Sequoia Wireless,” the “Company,” “we,” “us,” or “our”) herein provides the method for responding to requests from law enforcement or government agencies, as well as its Emergency Disclosure Form, are outlined below. The protocol describes the requirements for Sequoia Wireless to disclose customer information and the information that Sequoia Wireless may offer. Please note that some requests may incur appropriate fees, which will be billed upon delivery and must be paid within 30 days of the invoice date. In order for Sequoia Wireless to reveal client information without a subpoena, search warrant, or court order, the Emergency Disclosure Form must be completed.

About Sequoia Wireless

Sequoia Wireless is a California licensed wireless service provider (WIR 4565), federally registered broadband provider (FRN 0033477613), and authorized participant of the Affordable Connectivity Program (EBBA0002818) offering fully subsidized plans to eligible households. We have entered into a Wireless Reseller Agreement with a Mobile Virtual Network Enabler and Operator to purchase wireless telecommunications services from one of the big three nationwide wireless carriers. This allows us access to their wireless network as a Mobile Virtual Network Operator.

Assisting Law Enforcement Agencies

Sequoia Wireless aids law enforcement agencies in their investigations while protecting subscriber privacy in accordance with relevant laws and standards. Sequoia Wireless must comply with the Electronic Communications Privacy Act (18 U.S.C. §§ 2510-2522, 2701-2712, 3121-3127), Communications Assistance for Law Enforcement Act (47 U.S.C. §§ 1001-1010), and the Telecommunications Act of 1996 (specifically, 47 U.S.C. § 222 pertaining to customer proprietary network information). Additionally, Sequoia Wireless complies with all current state and federal regulations.

The major objective of Sequoia Wireless is to deliver quick and accurate replies to all requests from law enforcement and other agencies. Sequoia Wireless’s compliance with legal requirements is the responsibility of our management team. Sequoia Wireless’s objective is to respond to each request within five (5) business days, unless otherwise required by the request.

The Law Enforcement Request Procedure is offered only for informational purposes only. Sequoia Wireless explicitly retains the right to add, modify, or remove any material in this procedure without prior notice. In addition, Sequoia Wireless maintains the right to reply or oppose to legal demands, or to seek clarification, and to handle legal requests for subscriber information as it sees fit. For additional questions, please contact our management team at admin@sequoiawireless.com.

Subpoena, Search Warrant, Court Order Contact Information

Send Completed Emergency Disclosure Form to admin@sequoiawireless.com.with a subject line “Urgent – Completed Emergency Disclosure Form”.

Emergency Requests Information should be directed at our email address at admin@sequoiawireless.com. with a subject line “Urgent – Emergency Requests Information”.

All Subpoenas, Search Warrants, and Court Orders must be properly served to our Registered Agent for service at: Registered Agents Inc, California Registered Agent Inc, 1401 21st Street Suite R, Sacramento, CA 95811. The legal name to be used to identify our company is “Sequoia Wireless”. Additionally, an email to admin@sequoiawireless.com. with a subject line of “Urgent – Submitted Subpoena, Search Warrant, Court Order” is required with a scanned copy of the submission to the registered agent.

Subscriber Account Identification

For identification based on a telephone number: Sequoia Wireless can only give account information on telephone numbers for whom we now or have previously provided service.

For identification based upon an Internet Protocol (IP) Address: Sequoia Wireless in not able to search using an IP address.

For identification based on an email address: Sequoia Wireless does use email addresses as a source of communication with our subscribers but does not provide email addresses to subscribers.

For identification based upon a person’s name: Sequoia Wireless does store information on the legal name of each subscriber that has been authenticated by a third-party to be enrolled in a government program (i.e., Affordable Connectivity Program). Sequoia Wireless will only reply to a request for identification based on the name precisely as it is printed on the request. If initials or nicknames are used, the requester must include a request for those versions of the name in the legal request.

For identification based on a street address: Sequoia Wireless requires a street address to be used for a subscriber’s service address. In the request, please include the home or apartment number, the street name, the city, state, and the zip code of the area you have selected. Over a period of time, it is likely that Sequoia Wireless has offered service to many clients at the same location. Therefore, it is vital to confine a search for consumer identification to a specified period of time.

Retention Policy

Subscriber Identification: Sequoia Wireless shall retain subscriber account information for a duration of at minimum thirty-six (36) months or as altered by state and federal rules.

Call Detail Records: Sequoia Wireless maintains historical call detail records for our Voice Telephony Service for at minimum eighteen (18) months or as altered by state and federal rules. Older records may be available but may require additional time and resources to research and retrieve if available.

Legal Requests Required Information for Court Order or Search Warrant (both signed by a Judge)

Law Enforcement Agency is able to obtain Subscriber Identification including the following:

1. Subscriber’s Legal Name
2. Subscriber’s Service Address (Address used for the place of service)
3. Length of Service including Start Date and if applicable End Date
4. Subscriber’s Telephone Number (if applicable) or other subscriber number or identity
5. Call Detail Records (records of local and long distance calling connections)

Emergency Disclosure

Pursuant to 18 U.S.C. § 2702(B)(8) and § 2702(c)(4), Sequoia Wireless will divulge subscriber information only if Sequoia Wireless, in good faith, believes that an emergency involving danger of death or serious physical injury may occur if the information is not provided quickly. These requests must go through an email to admin@sequoiawireless.com. with a scanned copy of the filled out Emergency Disclosure Form with a subject line “Urgent – Completed Emergency Disclosure Form”.

Subpoena

Law enforcement agencies are able to receive information related to a Subscriber including the following items, without notice to the subscriber:

1. Subscriber’s Legal Name
2. Length of Service including Start Date and if applicable End Date
3. Subscriber’s Telephone Number (if applicable) or other subscriber number or identity
4. Call Detail Records (records of local and long distance calling connections)

Preservation of Records Request

Pursuant to 18 U.S.C. § 2703(f) and § 2704, a framework is established for law enforcement agencies to request Sequoia Wireless to preserve subscriber data currently in its possession and not on an ongoing, constant basis, until a suitable legal order is obtained. No information can be given unless Sequoia Wireless obtains a legitimate legal request. The information will be stored for at least ninety (90) days upon which, if no legitimate legal request is received, or no allowed ninety (90) day extension is sought, the information may be permanently erased. If an extension is sought, the information will be maintained for an additional ninety (90) days following which, if no legitimate legal request is made, the information may be permanently erased.

Other

Wiretaps, Interception of Communications, Pen Register/Trap, Trace Device and Internet Protocol (IP) information requests are not available through Sequoia Wireless and must be submitted to our underlying carrier. For information, please contact our management team at admin@sequoiawireless.com.

Reimbursement Fees

• Subscriber Information: $50.00 per number
• Call Detail Records less than thirty (30) days: $10.00 per number
• Call Detail Records greater than or equal to thirty (30) days: $15.00 per number
• Legal Document Responses: $1.00 per screen print
• Flash drive with requested Recorded: $20.00 processing fee
• Regular Mailing Fee: $25.00
• Expediated Mailing Fee: $50.00

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1. 18 U.S.C. § 2702(B)(8): Exceptions for disclosure of communications. A provider may divulge the contents of a communication to a governmental entity, if the provider, in good faith, believes that an emergency involving danger of death or serious physical injury to any person requires disclosure without delay of communications relating to the emergency.
2. 18 U.S.C. § 2702(c)(4): Exceptions for Disclosure of Customer Records. A provider may divulge a record or other information pertaining to a subscriber to or customer of such service to a governmental entity, if the provider, in good faith, believes that an emergency involving danger of death or serious physical injury to any person requires disclosure without delay of information relating to the emergency.
3. 18 U.S.C. § 2703(f): Requirement To Preserve Evidence. (1) In general. A provider of wire or electronic communication services or a remote computing service, upon the request of a governmental entity, shall take all necessary steps to preserve records and other evidence in its possession pending the issuance of a court order or other process. (2) Period of retention. Records referred to in paragraph (1) shall be retained for a period of 90 days, which shall be extended for an additional 90-day period upon a renewed request by the governmental entity.
4. 18 U.S.C. § 2704 is related to Backup Preservation.

Net Neutrality Policy

Effective Date: June 9, 2023

Open Internet Policy

Effective Date: June 9, 2023

Telecommunication Tax Policy

Effective Date: June 9, 2023

Affordable Connectivity Program Terms and Conditions

Effective Date: June 9, 2023

Please review Sequoia Wireless’s Affordable Connectivity Program Terms and Conditions (“Terms & Conditions”). These
Terms & Conditions between Sequoia Wireless, LLC (“Sequoia Wireless,” the “Company,” “we,” “us,” or “our”) and you
constitute a legally enforceable agreement between you and Sequoia Wireless. They outline your legal rights and stipulate that some issues be addressed by Arbitration rather than a court trial. Sequoia Wireless maintains the right, at its sole discretion, to update or modify any of these Terms and Conditions at any time. Once posted on the Sequoia Wireless website located at www.sequoiawireless.com, any changes or amendments to these Terms and Conditions shall be binding on you. You should check these websites for modifications to these terms on a regular basis. You (“You”), the subscriber, accept and agree to the following terms and conditions by registering for the Affordable Connectivity Program provided by Sequoia Wireless.

By using Sequoia Wireless Services and Devices, you are bound to the following (note: If there is a discrepancy, as it pertains to Sequoia Wireless’s Affordable Connectivity Program Service, the terms of “Affordable Connectivity Program Terms and Conditions” will supersede):

1. Affordable Connectivity Program Terms and Conditions (herein – www.sequoiawireless.com/acpterms)
2. Privacy Policy (refer to www.sequoiawireless.com/privacy)
3. Accessibility Policy (refer to www.sequoiawireless.com/accessibility)
4. Acceptable Use Policy (www.sequoiawireless.com/acceptable)
5. Digital Millennium Copyright Act Policy (www.sequoiawireless.com/dmca)
6. Freedom of Choice Policy (www.sequoiawireless.com/freedom)
7. Net Neutrality Policy (www.sequoiawireless.com/neutrality)
8. Open Internet Policy (refer to www.sequoiawireless.com/openinternet)
9. Website Terms of Use (refer to www.sequoiawireless.com/webterms)

General Terms and Conditions

Please read these General Terms and Conditions carefully and make sure you understand each provision as they include vital information regarding the services offered to you and our use of certain information. These Terms and Conditions mandate the use of individual arbitration to settle disputes, as opposed to jury trials or class actions. In the case of a disagreement, these Terms and Conditions restrict our responsibility and your possible remedies.

1) General. Sequoia Wireless doing business as Sequoia Wireless (“Sequoia Wireless,” or the “Company,” “we,” “us,” or “our”). “You,” “your,” “applicant,” “customer,” “subscriber,” “participant,” and “user” refer to an account holder or authorized user of our Services or Devices. “Services” means voice telephony, text messaging, broadband Internet access services, applications, including Sequoia Wireless-branded Preinstalled Applications, and any other services provided to you by Sequoia Wireless. “Device” means any phone, device, accessory, or other product provided or sold to you by Sequoia Wireless or that is activated or used with your Services. These Terms and Conditions are an agreement between Sequoia Wireless and you under which we provide and you accept our Services and/or Devices (“Agreement”). You Accept This Agreement When You: (A) Attempt To Or In Any Way Activate And/Or Use The Services, (B) Pay For Any Services, (C) Upgrade Or Modify The Services, (D) Start Any Application, Program, Or Software That States You Are Accepting The Services, Or (E) Accept The Services Or Agreement Through Any Written, Oral, Or Electronic Statement Or Signature. You must be 18 years or older, or an emancipated minor to use Sequoia Wireless Services.

2) Charges. Sequoia Wireless offers fully subsidized plans with no hidden fees and no monthly costs. The only charges assessed is a one-time activation fee, which will either be covered through the Federal ACP program or be waived through Goodwill from Sequoia Wireless. Participants who terminate service within three days of service activation, excluding national holidays, will receive a refund of any applicable service connection charges and deposits.

3) Devices. We may give you with a free Device, sell you a Device, or let you to use your own Device with our Services. Devices must be compatible with our network, interfere with them in no way, and adhere to all relevant laws, rules, and regulations. Devices may not be compatible with all Services, and certain Services may be incompatible with certain Devices. Occasionally, we may remotely modify your Device’s software, apps, or programming to address security, safety, or other concerns affecting our network or your Device, without prior notification. These modifications may impact or delete data you have saved on your Device, how you’ve designed your Device, or how you use your Device. Until the software update is complete, you may be unable to use your Device in any way, including to call 911 or other emergency services, while it is obtaining a software update, whether at our request or at yours. If we sell or otherwise supply you with a Device, it will be subject to our Device Unlocking Policy.

4) Limitation of Liability. Sequoia Wireless is not liable to you (subscriber) for any direct or indirect, special, incidental, consequential, exemplary, or punitive damages of any kind, including lost or potential profits (regardless of whether it has been notified such loss may occur) by reason of any act or omission in its provision of equipment and/or Services. Sequoia Wireless will not be liable for any act or omission of any other company furnishing a part of our services, or our equipment or for any damages that result from any service or equipment provided by or manufactured by affiliated or non-affiliated third parties. Sequoia Wireless is not responsible, at any time, and shall not be liable to you or anyone else for any personal information such as usernames, passwords, contacts, pictures, SMS, or any additional content you may have stored on your phone, or which may remain on your phone during and/or after you no longer have service with Sequoia Wireless.

Unless prohibited by law, you (subscriber) agree to limit claims for damages or other monetary relief against each other to direct and actual damages. Sequoia Wireless assumes no risk or responsibility for a subscriber’s use of any content provided by Sequoia Wireless services. Sequoia Wireless is not liable for any act or omission of any third party company providing part of Sequoia Wireless services (this includes equipment provided by a third party), any errors or omissions of any vendors or agents participating in offers made by Sequoia Wireless, any damages that result from third parties, or any unauthorized or disputed charges. There is no fiduciary duty that exists between you (subscriber) and Sequoia Wireless, Sequoia Wireless., or its affiliates. You (subscriber), also agree that Sequoia Wireless will not be liable for any missed voice mails, any messages from your voice mail system, any data content, or any storage or deletion of contacts from a smartphone address book provided by Sequoia Wireless.

5) Indemnification. To the full extent by law, you agree to hold harmless and indemnify Sequoia Wireless and its affiliates and their respective officers, agents, directors, 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), directly or indirectly, resulting from your use of Sequoia Wireless 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. This obligation shall survive any expiration or termination of your service with Sequoia Wireless.

6) Dispute Resolution. You agree to contact Sequoia Wireless with any disputes. You must contact Sequoia Wireless with any dispute by email at admin@sequoiawireless.com or by writing Sequoia Wireless at 29034 Westbourne Court, Hayward, CA, 94544-6345, Attn. Dispute Resolution. You must provide a description of the dispute, all relevant information, any supporting documentation, and the proposed dispute resolution. A Sequoia Wireless representative will contact you at the last address you have provided or by phone. Sequoia Wireless agrees to negotiate in good faith to resolve any dispute you may have. You agree to pay the full amount reflected on your account statement, even while a dispute is being resolved. If you do not reach an agreement to resolve your claim within 30 days after notice of dispute was given, you or Sequoia Wireless may commence a Binding Arbitration proceeding (see below).

Certain disputes you may have with Sequoia Wireless (Sequoia Wireless) may be resolved through Binding Arbitration. By making or receiving calls on a Sequoia Wireless smartphone you agree the sole remedy for any dispute shall be Binding Arbitration on an individual basis. You waive your rights to a jury trial or any class actions. You also agree the Federal Arbitration Act governs any dispute claim you have with Sequoia Wireless. This Binding Arbitration you agree as the sole remedy limits your options available in the event of a dispute to an individual basis and survives any termination of your service with Sequoia Wireless. Class Arbitrations and Class Actions are hereby excluded as a remedy for any dispute you may have.

This agreement shall be construed under the laws of the state of California, without regard to its choice of law rules, except for the arbitration provision contained in these Terms and Conditions of Service, which will be governed by the Federal Arbitration Act. This governing law provision applies no matter where you (the subscriber) reside, or where you (the subscriber) use or pay for Sequoia Wireless services. To the extent permitted by law, if a dispute claim proceeds in court, Sequoia Wireless and you waive any right that we may have to trial by jury in any lawsuit or other proceeding.

7) Use of Customer Information. By agreeing to our Terms and Conditions herein, you also agree to the terms of Sequoia Wireless’s Privacy Policy available online at www.sequoiawireless.com/privacy. The Privacy 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. Any “Customer Proprietary Network Information” (CPNI) data that Sequoia Wireless collects from subscribers will be handled in accordance with the Federal Communications Commission regulations, federal consumer privacy laws, and the Sequoia Wireless Privacy Policy. Sequoia Wireless will not intentionally share subscribers’ personal information without the subscriber’s permission. Sequoia Wireless may, from time to time, use the information subscribers provide to market services to subscribers that may be related to Sequoia Wireless services or offerings. Sequoia Wireless may disclose to law enforcement authorities and governmental agencies any information, including your name, account information, account history, or other information properly requested by law enforcement to comply with appropriate legal requests.

8) Lost or Stolen Equipment. To report a lost or stolen device, please contact customer support at admin@sequoiawireless.com. Upon receiving notice of the lost or stolen, Sequoia Wireless will suspend the SIM Card and issue a new SIM card. If a subscriber does not either activate a new Sequoia Wireless device or notify us that they have found their wireless device within 45 days of the suspension of the account, the account will be subject to the rules of the government program for the purposes of de-enrolling the subscriber. The subscriber may also lose their Sequoia Wireless phone number.

9) Returns. Devices purchased directly from Sequoia Wireless may be returned for a full refund within 30 days of purchase. A subscriber must return the complete smartphone as was received at the time of activation. Please contact Sequoia Wireless at admin@sequoiawireless.com for instructions. Sequoia Wireless provides new and secondary devices to subscribers. All device models provided to subscribers are selected at the sole discretion of Sequoia Wireless. Device models may vary. Sequoia Wireless reserves the right to replace devices with various models at its sole discretion. If you experience a device malfunction, contact Sequoia Wireless at admin@sequoiawireless.com.

10) Device Warranty. This section may be superseded by future Sequoia Wireless Warranty Offerings provided on certain devices or during certain promotions. When a warranty offering is not provided for a device, this section will stand as our device warranty. Sequoia Wireless does not manufacture wireless phones or equipment used by subscribers. The only warranties applicable to such devices or equipment are those extended by the manufacturers. We have no liability, therefore, in connection with wireless phones and other equipment or for manufacturers’ acts or omissions. We make no representations or warranties, 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.

The Sequoia Wireless Terms and Conditions of Service, contained herein, supersede all oral or written communications and understandings between you, Sequoia Wireless, and Sequoia Wireless., with respect to products and services provided to you and the terms under which they are offered to you by Sequoia Wireless. The surviving sections of this Terms and Conditions of Service shall continue to be valid and enforceable in the event that any part of these Terms and Conditions of Service is declared invalid, not applicable, or becomes unenforceable. There are no provisions of these Terms and Conditions of Service that provide any person or any entity that is not a party to these Terms and Conditions of Service with any remedy, liability, claim, reimbursement, or any cause of action, or that creates any other third-party beneficiary rights.

Any legal dispute, unless otherwise specified herein, shall be subject to the exclusive jurisdiction of the federal or state courts located within the State of California. Sequoia Wireless reserves the right to suspend or terminate any subscriber’s access to Sequoia Wireless services or to the Sequoia Wireless website or affiliated websites, at any time, should we determine in our sole discretion that a subscriber has violated any of these Terms and Conditions of Service or any other policy of Sequoia Wireless, its affiliates, or for any other reason at the sole discretion of Sequoia Wireless.

11) Device Unlocking Policy. Sequoia Wireless’s policy is to never lock devices. This means any device acquired directly from Sequoia Wireless will be unlocked by default. Purchasing a device or being provided a device through Sequoia Wireless provides you with the peace of mind of knowing your device is truly yours, without any hoops to jump through. You have the freedom to upgrade your device or sell your device or even use your device on a different network (which is dependent on the compatibility of the device and terms of the other wireless carrier), all without the headache of contacting support to unlock a device, as many wireless providers require, but not us!

Devices that work on Sequoia Wireless’s network may not be compatible with other carriers’ networks due to the use of different frequencies, device compatibility, and technologies to provide wireless network access. We do not guarantee that a Sequoia Wireless device will be compatible with any carrier’s network. To determine if your device will be compatible on another carrier’s network, we recommend contacting the carrier directly.

12) Data Usage Policy. Sequoia Wireless’s unlimited data plan. Our wireless plans provide unlimited amounts of data you can use per month (measured in gigabytes, or “GB”), with a monthly cap of “high-speed” data. The amount of high-speed data is allocated based on the data plan. Once the high-speed data cap is reached, your speeds will be reduced to 3G speeds of 512 Kbps. Additionally, our underlying carrier may lower speeds during times of congestion, which are out of our control. You have the option to purchase a “Top-Up”, which is $5 per GB with unused data rolling over month-to-month until used. Tethered data will be restricted to the same policy. Video Streaming in SD at 480p.

13) Website Terms of Use. When a customer is enrolled in service with Sequoia Wireless, the subscriber agrees to and provides consent for all Notices to be sent via Email using the Email Address of record assigned to the subscriber’s account. By enrolling in service, the customer has affirmatively consented to receive notice in this manner. For complete Website Terms of Use, refer to www.sequoiawireless.com/webterms.

14) Credit Report. Sequoia Wireless will not obtain a credit report nor conduct an inquiry as a condition of providing service.

15) Emergency Services. Your handset will be able to place calls to 911 even if you have no minutes available. It is advised by Public Safety Officials, that you should be prepared to provide information about your location when making a 911 or other emergency call. Wireless service, unlike landline phones, uses less reliable methods to place calls and to determine your phone number and location. Network coverage can be adversely affected by weather, structures, buildings, geography, etc. Because of these factors, emergency operators may not be able to determine your location or your phone number, or you may not be able to complete a call at all. Occasionally, callers may attempt to call 911 in areas where there is no wireless coverage. If there is no wireless coverage, your call to 911 may not go through and you should dial 911 from the nearest landline phone. Enhanced 911 service, also known as E911, relies on GPS technology to obtain location information. This service is dependent on a number of factors such as the abilities of the local emergency authorities, GPS ability of your device, whether your GPS enabled handset has GPS turned on, and your device’s ability to obtain a GPS Satellite signal which can be impaired by being indoors, weather, etc. Even when available, E911 does not always provide accurate location information.

Affordable Connectivity Program Service

Introduction

The Universal Service Administrative Company (“USAC”) is in charge of managing the Affordable Connectivity Program (“ACP”), a government assistance program. For individuals that qualify, the ACP program offers discounts on monthly communications services like voice calls, text messaging, and broadband Internet access. The ACP now offers discounts of up to $30 per qualified home (or up to $75 per eligible household on Tribal territory) on monthly broadband Internet access service. If eligible households contribute more than $10 but less than $50 toward the cost of a laptop, desktop computer, or tablet from participating providers, they can additionally get a one-time rebate of up to $100. For qualified customers, discounts are provided to the retail prices of the Sequoia Wireless Service Plans for eligible Sequoia Wireless subscribers.

Application Process

You must fill out an ACP service application in order to request enrollment in Sequoia Wireless’s ACP plans. You must certify on the application that you understand and agree to the laws, rules, and other conditions for receiving ACP services under penalty of perjury. By submitting an application, you give Sequoia Wireless or its representatives permission to help you apply for and enroll in ACP services and to release to federal government entities, or USAC, the information needed to process your application or administer ACP services (such as your name, phone number, and eligibility information). The ACP services will not be provided if consent is not given. This permission is valid as long as you are a Sequoia Wireless ACP subscriber, and it stands after this Agreement is terminated.

Changing Wireless Service Providers

Customers have the right to change their Wireless Service Provider. Many service providers impose a “Termination Fee” when canceling an imposed “Contract Duration”, but not at Sequoia Wireless. We are committed to never imposing a “Termination Fee” or “Contract Duration” with our customers. Please note that certain government programs may require us to impose a minimum duration of time before being allowed to switch to a different Wireless Service Provider.
The Affordable Connectivity Program allows a customer the flexibility to transfer the ACP benefit from one Wireless Service Provider to another at any time. We have noticed that many Wireless Service Providers will transfer the ACP benefit from a home Internet plan to a mobile Internet plan without clearly informing the subscriber that they will lose their discount on their home Internet plan, causing their monthly home Internet plan to be billed in full each month. To lessen this pain point, and ensure an excellent customer experience, we will ensure the customer is informed and fully understands that the benefit being transferred from a home Internet plan to our mobile Internet plan will cause their home Internet plan to rise in price (as they are losing the benefit being applied on their home Internet plan).

Eligibility

For Sequoia Wireless ACP services, you must be eligible according to the relevant requirements. Federal legislation and regulations provide the requirements for ACP eligibility. Program-based eligibility or income-based eligibility are two examples of these eligibility standards. In addition, unless you are over 60, you must be at least 18 years old, not be included as a dependent on anyone else’s tax return and be at least 18 years old (unless you are an emancipated minor). When applicants sign up for eligibility databases, which may ask for documentation as proof of an applicant’s eligibility, eligibility is determined. When such paperwork is required, USAC and outside administrators will explain the acceptable documentation to you.

ACP Program-Based Eligibility

Sequoia Wireless customers who take part in one or more of the following programs may be eligible for ACP program-based eligibility:

• • Lifeline Program
  • Supplemental Nutrition Assistance Program (SNAP)
  • Federal Public Housing Assistance (FPHA)
  • Medicaid (not Medicare)
  • Supplemental Security Income (SSI)
  • Veterans and Survivors Pension Benefits
  • Federal Pell Grant in the current award year
  • Free and Reduced Price School Lunch Program or School Breakfast Program including at US Department of Agriculture Community Eligibility Provision schools
  • Special Supplemental Nutritional Program for Women, Infants, and Children (WIC)

Additional programs applicable to subscribers residing on Tribal lands:

• • Food Distribution Program on Indian Reservations (FDPIR)
  • Bureau of Indian Affairs General Assistance (BIA)
  • Tribally Administered Temporary Assistance for Needy Families (TANF)
  • Tribal Head Start (meeting income qualifying standards)

Eligibility Based on Income

If your total gross income is at or below 200 percent of the Federal Poverty Guidelines, you may be eligible for the ACP based on income (income-based eligibility). For further information, please visit USAC’s eligibility page. Unless explicitly excluded by the Internal Revenue Code, federal rules define “gross income” as all money actually received by all members of the family from whatever source obtained.

Rule of One Per Household

According to federal law, each family is only allowed one ACP benefit, which may be used for either wireless or landline service. A household is defined as any person or group of people who live together at the same location and share income and expenditures for the purposes of the ACP program. Separate families living at the same residence are eligible, as are inhabitants of homeless shelters and nursing homes. A family may not receive ACP benefits from more than one provider; however, the ACP benefit associated with your household may be moved from another provider to Sequoia Wireless, subject to certain conditions.

Accessibility

To obtain ACP service via Sequoia Wireless, an applicant’s primary home address must be within the service region of Sequoia Wireless. Applicants are not permitted to apply for ACP service using a secondary home or business address. If you change your address, you must notify Sequoia Wireless within 30 days of the change.

Mobile Hotspot

High-speed hotspot data that any of your other devices can use. Your smartphone or tablet becomes a Wi-Fi connection for devices like tablets, laptops and more. After exceeding your high-speed data cap, you can still use hotspot at lower speeds of 3G (512 Kbps) for the rest of the month. Tethered data (e.g, Mobile Hotspot data) will be restricted to the same policy as the rate plan.

Number Porting

We understand the Wireless space has many differences, and while we commit to providing excellent service, we understand there may be situations when another Wireless Service Provider would offer a Wireless Plan that better suits your needs or coverage area. In these situations, we commit to the rules set forth by FCC regulations regarding “Local Number Portability” and permit a customer to keep the same phone number by porting over to their new Wireless Service Provider. We do not charge for providing this service.

Notice of Changes

When a customer is enrolled in service with Sequoia Wireless, the subscriber agrees to and provides consent for all Notices to be sent via Email using the Email Address of record assigned to the subscriber’s account. By enrolling in service, the customer has affirmatively consented to receive notice in this manner

Sales Tax and Regulatory Fees

We’re proud to participate in the Affordable Connectivity Program, offering $0 ACP plans. Sales Tax and Regulatory Fees are included in the monthly plan fee.

Service Activation Policy

Sequoia Wireless charges a $39 Service Activation charge, which is a non-recurring charge to activate service or transfer service from another service provider. This one-time fee will be charged to the customer’s account at activation.

The Affordable Connectivity Program (“ACP”) does not offer a subsidy for service connection/activation charges. When an ACP-enrolled customer activates service or transfers service from another service provider to Sequoia Wireless, we will waive the service connection/activation charge as a courtesy, ensuring the ACP-enrolled customer will never have a hidden cost.

Recertification Every Year

ACP customers must recertify that they continue to fulfill eligibility standards and other prerequisites to receive ACP services on an annual basis (one per calendar year). Recertification is handled or supported by USAC, although Sequoia Wireless may send you text messages and other notifications to remind you to do it. If a member does not complete the yearly recertification by the deadline, Sequoia Wireless will inform the subscriber that they will be removed from the ACP. If a subscriber fails to recertify by the deadline, or if the subscriber no longer fits the eligibility standards or other conditions, the subscriber will be de-enrolled from the ACP, and the phone number the customer was using may be allocated to another subscriber. To continue using the Services, the subscriber may re-enroll in the Sequoia Wireless ACP, if eligible, or pick from any of the currently offered prepaid plans, according to the terms and conditions of that plan. The customer may be issued a new phone number upon re-enrollment.

Ongoing Verification of Eligibility

You must contact Sequoia Wireless within 30 days if you no longer meet the requirements for receiving ACP services for any reason, including (1) no longer meeting the income-based or program-based eligibility criteria, or (2) you or a member of your household starts receiving another ACP benefit. At any moment, Sequoia Wireless may undertake checks to confirm your continuous eligibility for ACP service. If we conclude that you no longer meet the eligibility requirements, we will de-enroll you from Sequoia Wireless ACP and deactivate your Services.

Non-Assignable and Non-Transferable

Your eligibility for Sequoia Wireless services is unique to you. According to federal law, you may not transfer any of your rights or benefits acquired via the Sequoia Wireless Service to a third party, including, but not limited to, any voice, text, or data allotments you get to use the Sequoia Wireless Services. Similarly, you may not transfer or delegate any of your rights or responsibilities to any other person, including any individual who may be eligible for ACP service, without the prior written approval of Sequoia Wireless, and any attempted assignment or delegation without such consent will be null and void. Without warning, Sequoia Wireless may assign all or a portion of these conditions or your obligations to us.

Service Enrollment

You activate your service by completing the eligibility verification, enrollment, and plan selection steps, as applicable, and submitting the application form.

Requirements for Usage

To continue Sequoia Wireless ACP service, FCC laws demand that subscribers utilize the service every 30 days unless they have a regular billing and payment arrangement with us. Subscribers can “use” the Services by doing one of the following: (1) making an outbound call, sending a text message, or using data; (2) purchasing minutes or data from Sequoia Wireless to add to the subscriber’s service plan; (3) answering an incoming call from a party other than Sequoia Wireless; or (4) responding to direct contact from Sequoia Wireless and confirming that the subscriber wants to continue receiving the ACP service. The texting or phone “usage” requirements do not apply if you obtain simply data service. Sequoia Wireless will notify subscribers at or before 30 days of non-usage that failing to utilize the ACP services within a 15-day notice period will result in de-enrollment. Sequoia Wireless may also send text messages to subscribers to remind them to utilize the service. If a subscriber does not reply to the notification or utilize the service within 15 days of receiving it, Sequoia Wireless is obligated to de-enroll the subscriber from the ACP. At that point, the subscriber’s Services will be deactivated, except that the subscriber will still be able to contact 911 emergency services using the Device connected with the Services, provided it is charged and capable of connecting to a wireless network.

Failure to Pay

Postpaid cellular services are not available via Sequoia Wireless. Prepayment is needed prior to the allocation of eligible services for prepaid services that are not covered by a government-supported discount/subsidy (e.g., voice, text, and data). If a needed payment is not completed, the subscriber’s Services will be canceled, except that the subscriber will still be able to contact 911 emergency services using the Device connected with the Services, provided it is charged and capable of connecting to a wireless network. Please also view section 5 for information on Sequoia Wireless Charges and Payments.

Fraud and ACP Rule Violations

Because the ACP is a government benefit, any infraction of its rules and regulations may result in penalties, incarceration, de-enrollment, or permanent exclusion from the program. Willfully supplying false or fraudulent information in order to get or continue receiving ACP benefits, breaching the one-per-household restriction, or otherwise violating or failing to follow ACP standards or limits are all breaches of federal ACP statutes or regulations. If we believe or find that you have participated in fraud or violated any ACP laws or regulations, we may stop or de-enroll you from receiving ACP-supported services without notice.

Termination of ACP

If ACP expires, Sequoia Wireless subscribers enrolled in our “California LifeLine / ACP Bundled Standard Plan [Non-Tribal]” plan will be moved to our “California LifeLine Bundled Standard Plan [Non-Tribal]; our “Federal Lifeline / ACP Broadband Only Plan [Tribal] will be moved to our “Federal Lifeline Broadband Only Plan [Tribal]”; our “California LifeLine / ACP Bundled Standard Plan [Tribal]” will be moved to our “California LifeLine Bundled Standard Plan [Tribal]. If you are subscribed to our ACP Broadband Only Plan, Sequoia Wireless will offer the option to apply to one of our three non-ACP plans as Broadband Only Plan subscribers will have their service plan discontinued completely when ACP ends.

Early Termination Fee

Pursuant to 47 CFR § 54.1808(e)(6), we will not charge our subscribers in any amount for monthly services for the amount Sequoia Wireless will seek for reimbursement from the Affordable Connectivity Program (“ACP”). We do not charge our subscribers an early termination fee nor do we require a contract to receive such Internet service offerings. Our plans are contract-free and our services never entail extended service contracts. Sequoia Wireless does not impose restrictions nor charge a fee to a subscriber to transfer their ACP benefit to another provider.

Dropping out

You may request to be de-enrolled from ACP service for any reason and at any time by contacting Sequoia Wireless’s Customer Care Center, in addition to de-enrollment for any of the reasons specified in these Terms and Conditions. Requests for de-enrollment may be made over the phone. You will be de-enrolled within two business days of receiving a request. You will no longer get free minutes, text messages, or data each month if you de-enroll from the ACP program, and you will be required to re-qualify for ACP service if you want to enroll in another Sequoia Wireless ACP service plan. A subscriber may also be de-enrolled at the request of a federal government body.

Transfer of ACP Benefits

Transferring your ACP benefit from another ACP provider to Sequoia Wireless or from Sequoia Wireless to another ACP provider is possible. Sequoia Wireless abides by the FCC’s requirements for transferring ACP benefits. The impact of an ACP benefit transfer is that the subscriber’s ACP benefit will be used to Sequoia Wireless ACP service rather than service from the subscriber’s previous ACP service provider. Subscribers who transfer ACP benefits to Sequoia Wireless may be liable to their prior ACP provider’s undiscounted charges as a consequence of the transfer if they want to keep service from that provider. Subscribers are restricted to one ACP benefit transfer transaction each service month, with limited exceptions for cases in which a subscriber attempts to reverse an unlawful benefit transfer or is unable to get service from a certain provider.

Customers have the right to change their Wireless Service Provider. Many service providers impose a “Termination Fee” when canceling an imposed “Contract Duration”, but not at Sequoia Wireless. We are committed to never imposing a “Termination Fee” or “Contract Duration” with our customers. Please note that certain government programs may require us to impose a minimum duration of time before being allowed to switch to a different Wireless Service Provider.

The Affordable Connectivity Program allows a customer the flexibility to transfer the ACP benefit from one Wireless Service Provider to another at any time. We have noticed that many Wireless Service Providers will transfer the ACP benefit from a home Internet plan to a mobile Internet plan without clearly informing the subscriber that they will lose their discount on their home Internet plan, causing their monthly home Internet plan to be billed in full each month. To lessen this pain point, and ensure an excellent customer experience, we will ensure the customer is informed and fully understands that the benefit being transferred from a home Internet plan to our mobile Internet plan will cause their home Internet plan to rise in price (as they are losing the benefit being applied on their home Internet plan).

Telephone Consumer Protection Act (“TCPA”)

To ensure that consumer inquiries are handled with the utmost professionalism, we and our affiliates, agents, assigns, and service providers monitor and record all calls between you and us or any of our affiliates, agents, assigns, and service providers in order to improve our service to you. You agree to be monitored and recorded. You agree that Sequoia Wireless may from time to time contact you by phone calls and/or text messages at any telephone number linked with your account, including wireless telephone numbers, which may incur fees (but not from Sequoia Wireless).

By using this website, you agree and accept that Sequoia Wireless may from time to time send you emails, phone calls, and/or text messages to any email addresses and/or telephone numbers connected with your account, including your home, work, and wireless telephone number, for which you may incur fees. This includes, but is not limited to, the use of prerecorded/artificial voice messages and/or an automated telephone dialing system to contact you. You also agree that Sequoia Wireless may send you emails to any email address you supply or use other electronic forms of contact to the extent authorized by law. Consent may be withdrawn at any moment and by any acceptable method such as sending us an email at admin@sequoiawireless.com.

Website Terms of Use

Effective Date: June 9, 2023

This Website Terms of Use policy (“Terms of Use”) describes how Sequoia Wireless, LLC (“Sequoia Wireless,” the
“Company,” “we,” “us,” or “our”) enacts the ground rules for users visiting your website and serve as a binding agreement
between you and the user, or website visitor.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Sequoia Wireless, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We will provide you with prior notice of any scheduled changes to the Services you are using. The modified Legal Terms will become effective upon posting or notifying you by admin@sequoiawireless.com, as stated in the email message. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.

1. Our Services

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. We are in the Telecommunication sector.

2. Intellectual Property Rights

Our Intellectual Property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”). Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world. The Content and Marks are provided in or through the Services “AS IS” for your personal, non-commercial use only.

Trademark Disclaimer

All trademarks, logos and brand names are the property of their respective owners. All company, product and service names used in this website are for identification purposes only. Use of these names, trademarks and brands does not imply endorsement.

Your use of our Services

Subject to your compliance with these Legal Terms, including the “PROHIBITED ACTIVITIES” section below, we grant you a non-exclusive, non-transferable, revocable license to: access the Services; and download or print a copy of any portion of the Content to which you have properly gained access. solely for your personal, non-commercial use.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: admin@sequoiawireless.com. If we ever grant you permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks. Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your submissions and contributions

Please review this section and the “PROHIBITED ACTIVITIES” section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services (“Submissions”), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

Contributions: The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material (“Contributions”). Any Submission that is publicly posted shall also be treated as a Contribution.

You understand that Contributions may be viewable by other users of the Services and possibly through third-party websites.

When you post Contributions, you grant us a license (including use of your name, trademarks, and logos): By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty- free, fully-paid, worldwide right, and license to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicense the licenses granted in this section. Our use and distribution may occur in any media formats and through any media channels.

This license includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.

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Wireless Emergency Alerts

Effective Date: June 9, 2023

Overview

Wireless Emergency Alerts, also referred as WEA messages, is a public safety notification system that enables authorized agencies to send text-like messages to subscribers with capable wireless devices to alert them of emergencies in their area. The service is included at no additional cost and are intended to let you know of immediate weather dangers to your safety, for instance, or when local law enforcement is looking for a missing individual, such as in the case of an AMBER Alert.

Notice Regarding Transmission of Wireless Emergency Alerts (Commercial Mobile Alert Service)

Sequoia Wireless has chosen to offer wireless emergency alerts, including enhanced geo-targeting, within portions of its service area, as defined by the terms and conditions of its service agreement, on wireless emergency alert capable devices. There is no additional charge for these wireless emergency alerts.

Wireless emergency alerts, including enhanced geo-targeting, may not be available on all devices or in the entire service area, or if a subscriber is outside of the Sequoia Wireless service area. For details on the availability of this service and wireless emergency alert capable devices, including the availability and benefits of enhanced geo-targeting, please ask a sales representative, or go to www.sequoiawireless.com/wea.

Notice required by FCC Rule 47 CFR 10.240 (Commercial Mobile Alert Service)

Broadcasting WEA Messages

Sequoia Wireless is a reseller of our Underlying Carrier’s mobile broadband Internet access network. WEA messages are provided by our Underlying Carrier to all capable devices that are activated and connected to the network.

Types of Wireless Emergency Alerts

• AMBER Alerts are issued by local law enforcement as part of the search for an abducted child. Throughout California, AMBER Alerts are highly effective, recovering 97% of victims.
• Emergency Alerts are issued by public safety officials during severe man-made or natural disasters where an imminent threat to life or property exists, such as tornadoes or dangerous flooding, and sometimes may include “shelter in place” warnings.
• Public Safety Alerts allow public safety agencies to communicate directly with the public.
• Presidential Alerts are issued by the U.S. President or a designee as a nationwide alert only to be used during a national emergency event.
• Test Alerts are sent by officials to test their capability to send a WEA with a message stating that this is a TEST.

Structure of WEA Messages

WEAs are written in 360 characters or less and include the sender, the event, the people affected, who should act, and any embedded clickable links that can be clicked by recipients to learn more. Wireless subscribers benefit from WEAs by receiving important information. WEAs are not regular text messages as they use a different kind of technology to ensure rapid delivery. WEAs are only transmitted to wireless devices that are capable and near the warning region. For example, in the case of a natural disaster, if a resident in Washington, D.C. possesses a WEA-capable device and happens to be in San Diego, their device would receive Emergency Alerts issued to an alert region in San Diego.

Advanced WEA Functionality

Most cell phones are capable of receiving WEA Basic Messages while newer devices are capable of more advanced WEA functionality. Below is a list of devices that have been tested for WEA functionality. Some devices may require a software update to enable advanced WEA functionality. Some older devices on this list were not tested for advanced WEA functionality but may support some of these advanced capabilities. Actual WEA messages may not include advanced features where they are not enabled or deployed by the government agency sending the alert. Other devices that are not on the list may be capable of receiving WEA messages, including some or all of the following advanced WEA functionality:

• • Basic Messages: Alerts are limited to 90 characters.
  • Clickable Links: An Authorized Sender may include a link to additional online content.
  • Alert Preservation: Alerts are preserved on the device for at least 24 hours or until the user deletes them.
  • More Characters: Alerts with up to 360 characters.
  • Spanish Language: Check your device setting instructions to activate this feature. Whether a particular alert is available in Spanish also depends on the Authorized Sender’s delivery capability.
  • Alert Concurrent: Allows you to receive an alert during a voice or data session.
  • Public Safety Alerts: Provide additional information on actions to take in response to one of the other alert types.
  • Test Alerts: Allows state and local governments to conduct tests using messages that you will not receive (unless you choose to receive them). These governments are responsible for the content and the frequency of test alerts.
  • Enhanced Geo-Targeting: Reduces the chance that you will receive the alert if you are outside the Authorized Sender’s targeted area. You may need to enable location services on your device to use this capability.

Devices Tested for WEA Functionality List

How to access WEA Settings on iPhone

By default, AMBER Alerts, Emergency Alerts, and Public Safety Alerts are turned on while Test Alerts are turned off. If you want to turn these alerts on or off, follow these three steps:

1. Go to Settings > Notifications.
2. Scroll to the bottom of the screen.
3. Under Government Alerts, turn the type of alert on or off.

Do I have to sign up to receive WEA messages?

Sequoia Wireless subscribers are automatically enrolled to receive WEA messages. Subscribers will receive WEA messages provided they have a WEA-supported device, and the device has opted-in to receive messages.

Can I opt out of receiving WEA messages?

You can opt in or opt out of receiving most WEA messages, with the exception of Presidential Alerts, in the device settings.

Who is permitted to send a WEA message?

WEA messages are sent from public safety entities certified by their State government and the Department of Homeland Security and are broadcast to a geographic area, not to specific phones. Sequoia Wireless subscribers using capable devices that have opted-in to receive messages and are connected to our network in that area should receive the alerts.

Is my location or information being tracked or shared in order to receive a WEA?

Your location isn’t requested, provided, or maintained in the delivery of a WEA message, which are broadcast within specific areas determined by alert originators. All devices compatible with WEA that are located within a targeted zone and attached to our Underlying Carrier’s network should receive a WEA message intended for that specific area, assuming the device has opted-in to receive messages.

Since WEA messages are broadcasted from a cell site, neither your device nor Sequoia Wireless or the government can receive any information about you, your device, or the WEA message from it. You cannot be followed or have your personal information collected with the WEA program.

What if I did not receive a WEA while I was in a targeted geographic alert zone?

Wireless Emergency Alerts are sent to cell sites providing wireless service to very specific areas. Your device may have been receiving service in a different area, or even from an adjacent area cell site, which was not targeted by the alert. Most WEA alerts will be re-broadcast several times to reach the maximum number of devices in the targeted area. Once a device has received an alert, it won’t accept duplicate or identical alerts.

Alerts will only be received by capable devices. Without a capable device, you won’t receive an alert even if you are within the targeted geographic location. Additionally, certain geographic areas of our network might not fully support all new features being introduced for WEA messages, such as enhanced geo-targeting.

Devices receiving WEA Alerts can also receive special geo-targeting information which may preclude your device from alerting. This functionality is required by law and will be supported on newer product lines in the future. The purpose of these geo-targeted messages is to only alert people in areas that will be directly affected by events in that area to avoid inconvenience or annoyance to those outside of the geo-targeted area.