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3. Data Plans/Overages - Applicable only to CLEAR Accounts

You will be entitled to use the CLEAR Service for the bandwidth amounts and download speeds (collectively referred to as the "Plan Amount") listed on your Order Confirmation. If you exceed your allotted Plan Amount, Clearwire will automatically charge you and you agree to pay an additional internet service usage fee per gigabyte of additional bandwidth pursuant to the provisions of your Order Confirmation (the "Overage Charge"). Your Plan Amount does not roll-over, but expires at the end of each month with all unused amounts forfeited.

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12. Network Management. You acknowledge that speed and bandwidth available to each computer or device connected to the network may vary for reasons including, but not limited to the number of users, computers or devices connected to the network, the amount of data being transferred over the network, and available bandwidth. You also agree that Clearwire reserves the right to engage in reasonable network management to protect the overall network, including detecting malicious traffic patterns and preventing the distribution of viruses or other malicious code, and through techniques such as limiting the aggregate bandwidth available to bandwidth intensive users during periods of congestion. While the determination of what constitutes excessive use depends on the specific state of the network at any given time, excessive use will be determined by resource consumption and not by the use of any particular application. For further information, please refer to Clearwire's Acceptable Use Policy, which may be amended from time to time.

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Unlawful or Improper Use of the Service. You may not use the Service in a manner that is unlawful, harmful to or interferes with use of Clearwire's network or systems, or the network of any other provider, damages, disables, or impairs any Clearwire property, interferes with the use or enjoyment of services received by others, infringes intellectual property rights, results in the publication of threatening or offensive material, or constitutes spam or e-mail abuse, a security risk or a violation of privacy. The Service is intended for reasonable periodic, ordinary active use. You may not use the Service on a standby or inactive basis in order to maintain a connection.

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