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3. Data Plans/Overages

For Clear Accounts only.

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 of $10 per GB of additional bandwidth (the "Overage Charge"). You may track your current usage by visiting the usage meter found at www.clear.com/my_account/. 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 retains the right, in its sole and absolute discretion, to employ network management activities including, but not limited to (i) reducing, limiting, or otherwise restricting uplink and downlink speeds and transfer rates, (ii) reducing or limiting peer-to-peer sessions during periods of high network congestion, (iii) preventing the delivery of spam, (iv) detecting malicious Internet traffic and preventing the distribution of viruses or other harmful code or content, and (v) using other tools and techniques to control bandwidth overuse. For further information, please refer to Clearwire's Acceptable Use Policy, available at www.clearwire.com/company/legal/aup.htm, which may be amended from time to time.

13. Acceptable Use Policy. The Acceptable Use Policy is incorporated into these Terms of Service as though they are a part of it. Clearwire reserves the right to immediately restrict, limit, suspend or terminate your Service or terminate this Agreement for any violation of the Acceptable Use Policy.

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Excessive Utilization of Network Resources. Wireless networks have capacity limits and all customers can suffer from degraded or denied service when one or a small group of users consumes disproportionate amounts of a wireless network's resources. Clearwire, therefore, will monitor both overall network performance and individual resource consumption to determine if any user is consuming a disproportionate amount of available resources and creating the potential to unreasonably disrupt or degrade the Clearwire network or network usage by others. 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. When feasible, upon observation of an excessive use pattern, Clearwire will attempt to contact you by e-mail at the e-mail address on file or otherwise to alert you to your excessive use of bandwidth and to help determine the cause. Clearwire representatives also are available to explain the parameters of this AUP and to help you avoid another excessive use incident or to upgrade you to a different class of Service that comports with your usage. If you are unavailable or do not respond to Clearwire's attempt to contact you regarding excessive use, or if excessive use is ongoing or recurring, Clearwire reserves the right, set forth in the "AUP Enforcement and Notice" provisions below, to act immediately and without further notice to restrict, suspend or terminate your Service.

Use of Your Account by Others. You may not, through action or inaction, allow others to use the Service for illegal or improper activities or for any purpose or in any manner prohibited by this AUP nor may you reproduce, duplicate, copy, sell, provision, resell, rent, lend, pledge, transfer, distribute or exploit any portion of the Service or hardware without Clearwire's prior written consent . You may not permit your network, through action or inaction, to be configured in such a way that gives a third party the capability to use the Service in an illegal or improper manner or for any purpose or in any manner prohibited by this AUP.

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