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Virgin Terms and Conditions

THE PRICE OF THE DEVICE MAY VARY BY PLAN SELECTED

 
Kyocera Event

Kyocera Event

  • Android 4.0
  • 3.2MP Camera
  • Visual Voicemail
 
Kyocera Rise

Kyocera Rise

  • Google Play Store Apps
  • 3.2MP Camera/Camcorder
  • Sprint TV
 
ZTE Awe

ZTE Awe

  • No-Contract Android
  • 4" Touchscreen
  • Unlimited Data
 
Samsung Galaxy S III - White

Samsung Galaxy S III - White

  • Huge Touchscreen
  • Android Apps
  • Dual Cameras
 
LG Optimus F3

LG Optimus F3

  • 4" Vivid Touchscreen
  • Carbon Free Certified
  • Google Wallet
 
Samsung Galaxy Ring

Samsung Galaxy Ring

  • No Contract
  • Touchscreen
  • Android Smartphone
 
Samsung Galaxy Victory

Samsung Galaxy Victory

  • 4-inch Vivid Touch Screen
  • 5MP Camera
 
PCD Venture

PCD Venture

  • Google Voice Actions
  • Camera/ Camcorder
  • Google eBooks
 
Overdrive Pro 3G/4G Mobile Hotspot by Sierra Wireless

Overdrive Pro 3G/4G Mobile Hotspot by Sierra Wireless

  • 3G/4G Mobile Hotspot
  • Connect 8 Devices Wirelessly
  • 40 Hours Standby
 
U600 3G/4G USB Stick

U600 3G/4G USB Stick

  • Email & Web Browsing
  • Quick Download Speed
  • Plug & Play
 
Samsung Galaxy Reverb

Samsung Galaxy Reverb

  • No-Contract Android
  • 4" Touchscreen
  • Unlimited Data

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virginlogo Wireless Services Terms of Use

General

Virgin Mobile USA, LLC's terms apply to the phones we sell and services we offer to our customers. By purchasing, activating or using a Virgin Mobile phone, you agree to these Terms of Service. If you don't agree to these terms, please contact Virgin Mobile At Your Service immediately at 1-888-322-1122.Our service is provided at our discretion. We can modify or cancel it or take corrective action at any time without prior notice and for any reason, including, but not limited to, your violation of any of these terms. We might change our terms, including pricing, from time to time, so check the Virgin Mobile website, www.virginmobileusa.com, to stay updated. By purchasing a Virgin Mobile phone or using our service, you agree to be bound by the most recent version of our terms. You agree not to use Virgin Mobile services in any way that is illegal, fraudulent or abusive as determined by Virgin Mobile in its sole discretion. You may not alter any of the hardware or software on your Virgin Mobile phone. The Virgin Mobile service is for personal use, and the phones may not be purchased in bulk and sold to third parties.

Telecommunications Services

Telecommunications services are provided by Virgin Mobile USA, LLC using the Sprint Nationwide PCS® Network exclusively through Virgin Mobile phones purchased from Virgin Mobile or an authorized retailer. You cannot use our service with any other phone, device or on any other network. Airtime is for domestic and international calling from the United States and related services as contemplated by these terms. Virgin Mobile phones and phone numbers may not be used as a pager or voicemail-only service, and Virgin Mobile may terminate any account if usage is limited to pager or voicemail retrieval service. Service is only available in geographic areas covered by the digital service network footprint of our service partners, Sprint and its affiliates. Local phone numbers may not be available in certain affiliate markets. Quality of service may be affected by conditions beyond our control, including atmospheric, geographic, or topographic conditions, or you dropping your phone in the bathtub. We do not warrant or guarantee that service will be available at any specific time or geographic location, or that service can be provided without interruption. We may give credit for continuous service interruption of more than 24 hours on a case-by-case basis, if such interruption was reasonably within our control, and if you notify Virgin Mobile At Your Service at 1-888-322-1122 within seven days of the interruption.

Service Options

Virgin Mobile provides you with the option to pay by the minute or pay by the month for your service. You can choose among the following great service options.

Pay-by-the-Minute Plans

Pay 18¢ for each minute.

Alternatively, existing customers may continue to use one of the pay-by-the-minute service options described below.

Minute2Minute

Charges for Minute2Minute service are 25¢ each minute for the first 10 minutes of each day and 10¢ each minute after that. It's that simple.

Day2Day

You can also elect to pay 35¢ every day for 10¢ for each minute all of the time. You can elect this option either on our website (www.virginmobileUSA.com) or by calling Virgin Mobile At Your Service (1-888-322-1122). To ensure that each minute you talk is only 10¢, the 35¢ charge will be deducted from your account each day.

Pay-by-the-Month Plans

You may choose to pay one of the following ways to pay by the month. Just pick the monthly service offer that fits your lifestyle and you will receive the number of monthly anytime and night and weekend minutes that corresponds to your selected monthly payment: $59.99 plus tax and surcharges for 600 anytime and unlimited night and weekend minutes. $44.99 plus tax and surcharges for 400 anytime and unlimited night and weekend minutes. $34.99 plus tax and surcharges for 300 anytime and 1,000 night and weekend minutes. $24.99 plus tax and surcharges for 200 anytime minutes (there are no night and weekend minutes with this option). $14.99 plus tax and surcharges for 100 anytime minutes (there are no night and weekend minutes with this option). $6.99 plus taxes and surcharges each month for 10-cent minutes all of the time (you pay a monthly charge of $6.99 and pay 10¢ for each minute you use; there is no distinction between anytime and night and weekend minutes with this option). If you use all but 10 of your anytime minutes, you will be charged $4.50 for 25 additional anytime minutes. If a new monthly billing cycle starts before you use the 25th minute, you will receive a credit to your account at a rate of 18¢ for each unused minute up to 25 minutes. Unused minutes expire at the end of your monthly period, and you may not use them in subsequent months.Night minutes must be used between 7:00 p.m. to 7:00 a.m. Monday-Friday, and weekend minutes must be used between 7:00 p.m. Friday to 7:00 a.m. Monday. Times are based on the calling location of your phone when the call is made, not your phone's area code. If you run out of night and weekend minutes, any bonus minutes you may have received are used before the anytime minutes. VirginXL and VirginXtras are deducted from the cash balance in your account. Services that have both cash and minutes-denominated components, such as international long distance or 411 directory assistance, will be deducted from the cash balance in your account as well as from anytime or night and weekend minutes. Alternatively, existing customers may continue to use our Month2Month service:

Month2Month

Month2Month automatically adjusts to four levels of minutes based on your usage each month: Level 1: $29.99 plus tax and surcharges for 150 anytime and 150 night and weekend minutes. Level 2: An additional $10 + tax and surcharges for 100 additional anytime minutes and 850 night and weekend minutes. Level 3: An additional $10 + tax and surcharges for 100 more anytime minutes and unlimited night and weekend minutes. Level 4: An additional $10 + tax and surcharges for 50 anytime minutes. Level 4 repeats as necessary based on usage. You start each month at Level 1. Virgin Mobile will notify you when you have 10 anytime minutes left at your current level. You will be upgraded to the next level and charged an additional $10 + tax and surcharges when approximately 5 anytime minutes remain in any level. You move to the next level when you use all of the anytime minutes at the preceding level. If a new monthly billing cycle starts before you use the 50th minute in Levels 2, 3 or 4, you will receive a credit to your account at a rate of 20¢ for each unused minute in that level up to 50 minutes. Night and weekend minutes roll-over to the next level for that month. If you run out of night and weekend minutes in any level, any bonus minutes you may have received are used before the anytime minutes. VirginXL and VirginXtras are deducted from the cash balance in your Month2Month account. Services that have both cash and minutes-denominated components, such as international long distance or 411 directory assistance, are debited from the cash balance in your Month2Month account and use anytime or night and weekend minutes as well. For the Month2Month service option, anytime minutes must be used between 7:00 a.m. to 9:00 p.m. Monday-Friday. Night minutes must be used between 9:00 p.m. to 7:00 a.m. Monday-Thursday. Weekend minutes must be used between 9:00 p.m. Friday to 7:00 a.m. Monday. Times are based on the location of your phone when the call is made, not your phone's area code.

Payment Methods

Top-Up

It's how you add money to your Virgin Mobile account and keep the calls coming. You can top-up your account automatically by registering your credit or debit card, you can buy top-up cards at thousands of retail locations, or use your registered PayPal account. Top-up cards come in increments of $20, $30, $50 and $90. Sales taxes apply. The minimum top-up amount when using a credit or debit card is $10 ($15 if you select Auto Top-Up) and the maximum amount is $100. The maximum balance allowed in an account at one time is $400. The value of any top-up amount or card cannot be applied to any other wireless service. You cannot add more than $150 each day to your Virgin Mobile account.

Auto Top-Up

By registering for Auto Top-Up you agree to have the amount you have selected deducted from your credit card, debit card or your registered PayPal account and added to your Virgin Mobile account by choosing one of the following options: (1) once every month on the date you specify, (2) once every 90 days, or (3) when your balance falls below $5 or 90 days from your last top-up (whichever comes first). You can set up, modify, or cancel your Auto Top-Up preferences at www.virginmobileusa.com or by calling Virgin Mobile At Your Service at 1-888-322-1122.

Instant Top-Up

When you select Instant Top-Up you are agreeing to have the amount you choose immediately deducted from your credit card, debit card or registered PayPal account. Go to www.virginmobileusa.com or call Virgin Mobile At Your Service at 1-888-322-1122 for more information about all of the easy ways you can top-up your Virgin Mobile account.

Payment Methods for Pay-by-the-Month Services

You may register a credit, debit card or PayPal account to participate in the monthly service options. You may also use top-up to pay recurring charges for Pay-by-the-Month services. However, to participate in Month2Month, you must register a credit, debit card or PayPal account. If your credit card company declines your monthly charge, we may retry the charge on your registered credit or debit card on the fourth day after the charge is declined unless (1) you have a sufficient cash balance in your account at that time to pay the charge or (2) you have paid the charge in full before the fourth day. You can use your Virgin Mobile account to pay for VirginXL or VirginXtras, and even recurring charges for Pay-by-the-Month services. We will deduct the monthly service charges from your account only if you have sufficient funds to pay the entire monthly charge. If there are insufficient funds in your account and you have registered a card, we will charge your credit or debit card for the monthly service fee. You can add money to your account anytime by applying top-up cards or credit or debit card payments. You can set up Auto Top-Up with your credit or debit card, automatically adding a specific amount to your account each month. If you are using our Pay-by-the-Minute option and you want to switch to a Pay-by-the-Month offer, you can use your existing balance to pay for the initial monthly fee. Your account history for the previous 60 days will be available online at www.virginmobileusa.com, but you can request a printed statement by calling Virgin Mobile At Your Service at 1-888-322-1122.

Taxes and Surcharges

Prices for our service options do not include certain taxes or surcharges. For Pay-by-the-Month services, including the option to pay 10¢ for each minute for a monthly fee, Virgin Mobile charges state and local sales taxes, as well as surcharges for federal and state Universal Service Fund contributions and state and local e911 fees. Surcharges are not taxes or fees that the government requires from consumers. Virgin Mobile collects sales taxes on all top-up transactions for all service options.

Switching among Virgin Mobile Service Options

You may switch from any Pay-by-the-Minute service option to any Pay-by-the-Month service option at any time. Monthly fees are not refundable. When you switch from a Pay-by-the-Month service option to a Pay-by-the-Minute service option or from one Pay-by-the-Month service option to another Pay-by-the-Month service option, you will not receive a refund of any portion of your monthly service charge and you will lose all of your remaining unused monthly minutes. For that reason, we recommend that you switch at the end of your monthly billing cycle or after you've used your minutes. Repeated switching is not permitted and may result in termination of service.

Account Status

Pay-by-the-Minute Plan

Your Pay-by-the-Minute account will remain active for 90 days after you top-up at least $20 (or $15 if you select the $15 Auto Top-Up option), and 45 days (up to a maximum of 90 days) after you top-up at least $10 (the "Active Period"). You can make calls and use VirginXL or VirginXtras if you have a positive account balance sufficient to pay for the services. If you don't top-up again sometime during that 45-day or 90-day Active Period, your Pay-by-the-Minute account will become inactive on the day following the expiration of the Active Period. Inactive means you can't make or receive calls (other than 911 emergency calls), send or receive text messages, download ringtones, anything-even if you have money in your account. During the next 60 days (the "Inactive Period") you can top-up your account and make it active again. All of the airtime in your account will be renewed for another 90 days if you top-up at least $20 (or $15 if you select the $15 Auto Top-Up option) and 45 days if you top-up at least $10, and you get to keep your phone number. However, if you do not top-up during the 60-day Inactive Period, your Pay-by-the-Minute account will expire and we will deactivate your service. You will lose your phone number and Virgin Mobile will assess you a termination charge equal to the value of the airtime in your account. At that point, you'll have to reactivate and go through the fun and easy activation process again. Just contact Virgin Mobile At Your Service at 1-888-322-1122 to activate your account using a top-up card or a debit/credit card. If you top-up $90 within any 72-hour period, you will be automatically enrolled in our Service Preserver program and your Pay-by-the-Minute account will stay active for one year, but you will need a positive account balance to use your Virgin Mobile phone. You can keep your account active for one year from the date of any subsequent top-up of $90 or more within a 72-hour period. To opt-out of Service Preserver just contact Virgin Mobile At Your Service at 1-888-322-1122 within 30 days from the date you were last enrolled. If you're enrolled in Service Preserver, switch to a Pay-by-the- Month service and then switch back to a Pay-by-the-Minute service, you will retain your enrollment in Service Preserver and your account will remain active for one year from the date you last enrolled (but you will need a positive account balance to use your Virgin Mobile phone). If your account decreases to a zero balance, you will be unable to use your phone other than to call 911, which may result in the termination of any phone call or service for which you have not previously paid.

Pay-by-the-Month Plans

If you do not pay your Pay-by-the-Month recurring charge, your account will become inactive, which means you can't make or receive calls, send or receive text messages, download ringtones, anything-even if you have money in your account. For all monthly plans other than the $6.99 fee for flat per-minute pricing, if 90 days elapse after the failure to pay a monthly recurring charge, your account will expire, you will lose your phone number, and Virgin Mobile will assess you a termination charge equal to the value of any airtime left in your account. At that point, you'll have to reactivate and go through the fun and easy activation process again. Contact Virgin Mobile At Your Service at 1-888-322-1122 to reinstate your account using a debit/credit card. You can switch to a Pay-by-the-Minute plan and use the remaining balance in your account.

Pay $6.99 Each Month for Flat Per-Minute Pricing

If you do not pay the $6.99 fee for flat per-minute pricing, your account will become inactive, which means you can't make or receive calls. You may, however, send or receive text messages, download ringtones, and use certain VirginXL and VirginXtras applications if you have sufficient money in your account until the later of (1) 90 days from your last top-up of $15 or more or 45 days from your last top-up of $10 (up to a maximum of 90 days) and (2) 30 days from your last payment of the monthly recurring charge. Your account will expire after the later of (1) 60 days after failure to pay your monthly recurring charge and (2) 150 days from the last top-up of $15 or more or 105 days from the last top-up of $10. When your account expires, you will lose your phone number, and Virgin Mobile will assess you a termination charge equal to the value of any airtime left in your account. Contact Virgin Mobile At Your Service at 1-888-322-1122 to reinstate your account using a debit/credit card. You can switch to the flat-rate Pay-by-the-Minute plan and use the remaining balance in your account.

VirginXL and VirginXtras

If you want access to certain types of VirginXL and VirginXtras services, there is a charge of 10¢ each day, but you may decline access to these services and forgo this fee. There is a charge of $1 each day for mobile web browsing for up to half a megabyte of data browsed. There are additional charges for each ringtone, game and message, and other fees, including airtime, may apply to certain VirginXL and VirginXtras applications. Certain VirginXL and VirginXtras are available on a subscription basis and can be canceled at any time through your handset or our website (www.virginmobileusa.com), or by such other means as provided. Use of VirginXL or VirginXtras is subject to the terms applicable to the particular service and available on our website (www.virginmobileusa.com), and is also subject to the provisions of the section entitled "Acceptable Use of Virgin Mobile's Products and Service" below.

Text Messaging

You can send and receive text messages of up to 160 characters on your Virgin Mobile phone.

Rates

Text messages are 5¢ to send and 5¢ to receive. Alternatively, you may purchase a subscription for monthly buckets of messages at the following prices and sizes: $1.99 for 50 messages, $4.99 for 200 messages, and $9.99 for 1000 messages. Each bucket is valid for 30 days from the date of purchase, and unused messages will not be added to a subsequently purchased bucket. If you use all the messages in your bucket, each additional message costs 5¢. If you do not have sufficient funds in your account, you will be charged 5¢ for each message. The next month, you will be charged the monthly fee for the bucket of messages that you had previously selected. You can terminate the subscription or switch to another bucket of messages from your handset (VirginXL or VirginXtras > My Virgin Mobile > My Text Messages) or by visiting the My Text Messages page on Virgin Mobile's website (www.virginmobileusa.com). Unused messages will not be applied to subsequently purchased buckets.

Preventing Spam

If you are receiving unwanted text messages ("spam"), go to the source and unsubscribe or remove your phone number from the service. You may also elect to prevent the receipt of any text messages by visiting the My Text Messages page on Virgin Mobile's website (www.virginmobileusa.com), but you may still receive service alerts from Virgin Mobile. If you elect to prevent the receipt of text messages, and you subsequently sign up for an alert on VirginXL or VirginXtras, such as Joke of the Day, you must first change your text messaging settings to permit the receipt of alerts and all text messages. If you elect to receive a text alert from a source other than VirginXL or VirginXtras, however, your text messaging settings will remain unchanged and you will not receive the alert. To receive messages from sources other than VirginXL and VirginXtras, you must first change your text messaging settings to permit the receipt of all text messages.

Blocking Messages

You have the ability to block text messages from up to ten telephone numbers by visiting the My Text Messages page on the Virgin Mobile website (www.virginmobileusa.com). You may edit your preferences at any time.

Unsolicited Messages

If you intentionally send unsolicited messages ("spam") from your Virgin Mobile phone we will terminate your service without further notice.

Additional Charges

There is a charge of $1.75 for each call to directory assistance, plus airtime. Five checks of your balance on the mobile phone are free each day. Thereafter, each check that day costs 2¢. All rates are subject to change without prior notice, and additional regulatory surcharges and taxes may apply. Calls are billed in one-minute increments, with a minimum time per call of one minute, and rounded up to the nearest whole minute. Calls are limited to two hours. International rates vary. If your account is deactivated for any reason, Virgin Mobile will assess you a termination charge equal to the value of the airtime in your account. Please contact Virgin Mobile At Your Service at 1-888-322-1122 or visit our website at www.virginmobileusa.com for additional pricing information or answers to any questions about our services. Calls to Virgin Mobile At Your Service may be monitored for quality assurance.

Disputed Charges

If you think that there has been an error in any charge posted to your account, you must notify us within 15 days after the charge is posted to your account balance to request an adjustment. Give Virgin Mobile At Your Service a call at 1-888-322-1122 and one of our advisors will help you out by investigating your claim.

Refunds and Returns

Refunds of Top-Up Cards and Account Balances

Virgin Mobile is not responsible for, nor do we refund lost, stolen, misused, or damaged top-up cards. Virgin Mobile top-up cards that are removed from their packaging or show signs of tampering will not be accepted for refund. Virgin Mobile top-up cards that require a PIN to be printed on a store receipt cannot be returned for a refund. Top-up cards must be applied to your account within one year of purchase. All top-up sales are final and non-refundable regardless of who actually uses or possesses your phone after you buy airtime, and regardless of whether the phone usage is made with your consent or knowledge. Monthly charges are non-refundable.

Returning Your Virgin Mobile Phone

Phones purchased directly from Virgin Mobile may be returned for a full refund within 30 days of purchase. You must have the original receipt, packaging materials and all components. Please contact Virgin Mobile At Your Service at 1-888-322-1122 for instructions. Phones purchased at retail stores may be returned to that store in accordance with the store's return policy. Please repack the phone and all components and bring to the store where you purchased it.

Lost or Stolen Equipment

If your phone is lost or stolen, you are responsible for charges incurred until you notify us of the loss of your mobile phone by visiting our website (www.virginmobileusa.com) or calling Virgin Mobile At Your Service at 1-888-322-1122. Virgin Mobile will then suspend your account. If you do not either activate a new Virgin Mobile phone or notify us that you have found your old phone within 60 days of the suspension of your account, you'll lose your Virgin Mobile phone number and your account balance.

Phone Number

The phone number we give you is and will remain the property of Virgin Mobile. We may give the phone number to another customer without telling you if you cancel at any time to use another mobile service (unless you transfer the phone number to another telecommunications provider in accordance with applicable regulations), or if your account becomes inactive. We may also change your number at any time, but we'll tell you before we do that.

Keeping Your Old Phone Number

You can switch an existing wireline or wireless phone number to be your Virgin Mobile number depending on where you live. To switch an existing phone number to Virgin Mobile, contact Virgin Mobile At Your Service at 1-888-322-1122. We'll walk you through the process. Before you call, please have a bill from your old wireless or wireline carrier handy. When you switch from your old wireless carrier, you may have to pay a termination penalty if you terminate your contract early. Virgin Mobile will not reimburse you for any termination fees imposed by other carriers. You will not be able to switch your area code without receiving a new local number from Virgin Mobile as well. For example, say you've just moved from San Francisco to New York City, and your San Francisco number was 415-123-4567. In that case, if you are switching to Virgin Mobile from a wireless carrier, you could keep 415-123-4567, but you can't switch to 212-123-4567. It's the same if you are switching your landline (your home phone) to Virgin Mobile-you will have to keep your old area code. Be careful though, your New York friends might end up paying long distance charges when they call your San Francisco number in New York.

Acceptable Use of Virgin Mobile Products and Services

You may not use Virgin Mobile's service for any illegal purpose, including to harass, threaten, abuse, defame, or slander any individual. You may not use our service in a manner that interferes with another Virgin Mobile customer's use of our service. Virgin Mobile and its business partners provide messages, data, information, music, games, images, text, or other material for your private use only. You may not upload and transmit or broadcast this content in public places. This use is expressly prohibited by Virgin Mobile. You will be solely responsible if you engage in any unauthorized use of this content.

Content Objectionable or Offensive to Third Parties

You may not upload, download, post, distribute, or otherwise transmit any content that is unlawful, libelous, defamatory, slanderous, obscene, pornographic, harassing, threatening, abusive or harmful, or that infringes upon others' privacy rights.

Unlawful Content

You may not upload, download, post, distribute, or otherwise transmit any content that encourages or is in furtherance of an unlawful, criminal, or fraudulent activity.

Infringing Content

You may not upload, download, post, distribute, edit, modify or transmit any content that may infringe on any patent, trademark, trade secret, copyright, or other intellectual proprietary right of any person. Infringement may result from the unauthorized copying, posting, editing, modifying or distributing of any content, including ringtones, graphics, pictures, photographs, logos, software, articles, music, games, or videos. By posting any content, you represent that you have legal rights to use, distribute, and publish such content.

Harmful Content

You agree not to upload, download, post, distribute, or otherwise transmit any content that contains viruses, worms, time bombs, or any other similar programs that would interfere or disrupt our provision of the service.

Removal of Objectionable Content

While we do not monitor your use of our service, we reserve the right to remove or delete any content that you upload, download, post, distribute, or otherwise transmit on our service that violates these Terms of Service or is otherwise deemed objectionable by us in our sole discretion. We may delete content that you have downloaded to your personal vault or limit the amount of content that you may download during any given period.

Suspension or Termination of Service

While we do not monitor your use of our service, we reserve the right to suspend or terminate service and access to the www.virginmobileusa.com site at any time should we determine in our sole discretion that you have violated these Terms of Service.

Disclosure of Content

To comply with appropriate legal process, Virgin Mobile may disclose any content to law enforcement authorities, as well as other relevant information, including your name, account history, account information, or other transmission data requested by law enforcement. We also may disclose any content to third parties as is necessary to respond to claims that any content violates the rights of third parties or to protect the rights and property of Virgin Mobile.

Storage of Content

Some content may not be stored or processed because of personal vault memory limitations. You agree that Virgin Mobile is not liable for such deletion or failure to store content, and you should store photographs permanently using another means, such as a CD-R or personal computer. Content may expire within 60 days of its original download or use unless you otherwise request its retention and/or preservation. A password may be required to use VirginXL and VirginXtras or to access the contents of your personal vault. Use of VirginXL requires the use of a compatible phone or other device and is subject to certain functionality limitations such as memory, processor speed, and graphics capability. Not all applications will work on all Virgin Mobile phones and equipment, and some applications may not be available in all areas. Use of certain VirginXL and VirginXtras applications may require the disclosure of personal information subject to the policies of the developers of such applications.

Other Programs and Services

Virgin Mobile Stash

Virgin Mobile Stash is a Visa prepaid debit card that may be used to make purchases at merchants that accept Visa and to withdraw cash from participating ATMs. To participate, you must be at least 13 years of age and agree to the terms of use of the Virgin Mobile Stash program. If you are under 18 years of age, a parent or guardian must register on your behalf and consent to your participation. Virgin Mobile will collect certain personal information, such as a social security number or driver's license to validate your identity, as well as your age and street address for demographic purposes. For information regarding the use and protection of this data, please review Virgin Mobile's Privacy Policy, which is available at www.virginmobileusa.com>Privacy Policy. Active Virgin Mobile customers may earn rewards points for using the Virgin Mobile Stash card, which can be redeemed for Virgin Mobile airtime. Virgin Mobile may award points and alter the structure of the rewards program from time to time in its sole discretion. To register or obtain more information, visit www.virginmobilestash.com.

Virgin Mobile Sugar Mama

Virgin Mobile's Sugar Mama program allows customers to earn airtime for engaging with the company's business partners and other spirited brands. To participate, you must be an active Virgin Mobile customer who is 13 years of age or older. Internet access is required for establishing and managing your account. Virgin Mobile will collect certain demographic information, including your age, gender, and zip code. For information regarding the use and protection of this data, please review Virgin Mobile's Privacy Policy, which is available at www.virginmobileusa.com > Privacy Policy. To use certain online and mobile services, you must permit the placement of cookies on your computer and you must opt-in to receive text messages. Customers generally must view an advertisement, rate it and answer a survey to receive airtime awards. Virgin Mobile may award airtime minutes and alter the structure of the program from time to time in its sole discretion.

The Re*Generation Pro-Social Program

Virgin Mobile, together with Virgin Unite, the charitable arm of the Virgin Group, is partnering with an array of not-for-profit organizations in an effort to help young people in need. There are three ways to participate: 1.Donate $1 from your Virgin Mobile account, and Virgin Mobile will match the contribution, subject to an annual limit on the company's contributions. 2.Download a ringtone from The Re*Generation pro-social folder in the VirginXL or VirginXtras menu on your Virgin Mobile phone or from Virgin Mobile's website, and half of the profits from that download will go directly to our pro-social partners, subject to an annual limit on the company's total contributions. 3.Donate directly to one of Virgin Mobile's pro-social partners by visiting Virgin Unite's website (www.virginunite.com). In addition, Virgin Mobile will donate 5% of the profits from downloadable content, such as ringtones, graphics and games, to our pro-social partners. Any direct donations you make and any donations you make from your Virgin Mobile account via a text message may be considered charitable contributions for tax purposes, but you cannot deduct donations made by Virgin Mobile. Virgin Mobile reserves the right to alter the terms of this program from time to time in its sole discretion.

TTY Access

For information concerning TTY access for the hearing impaired, please contact Virgin Mobile At Your Service at 1-888-322-1122.

Pay-Per-Call Services

Virgin Mobile will not directly complete any calls to 1-900, 1-976 or other pay-per-call service.

Limitation of Liability

Virgin Mobile and its business partners won't be liable to you for any indirect, special, incidental, consequential, exemplary or punitive damages of any kind, including lost profits (regardless of whether we have been notified that such loss may occur) by reason of any act or omission in our provision of products or services. We won't be liable for any act or omission of any other company furnishing a part of our service or any equipment provided for such service - including for errors or omissions of any vendors participating in offers made through us-or for any damages that result from any product or service provided by or manufactured by third parties.

Indemnification

You agree to indemnify and hold harmless Virgin Mobile from any and all liabilities, penalties, claims, causes of action, and demands brought by third parties (including the costs, expenses, and attorneys' fees on account thereof resulting from your use of Virgin Mobile products and services) whether based in contract or tort (including strict liability) and regardless of the form of action.

Warranties

We don't make our cell phones or other equipment. The only warranties are those extended by the manufacturers. We have no liability, therefore, in connection with the mobile phones and other equipment or for the manufacturers' acts or omissions. We make no warranties or representations, express or implied, regarding the products and services provided hereunder, including, but not limited to, warranty of title, warranty that the product or service is fit for a particular use, or warranty of merchantability. We expressly disclaim any and all implied warranties.

Safety and Security

Virgin Mobile is not responsible for the content or security of voicemail or contact lists you create. We urge you to create a password for access to your voicemail. Do not use while driving.

Notices

You may notify us by mail (Virgin Mobile USA, LLC, 10 Independence Blvd., Warren, NJ 07059), phone (1-888-322-1122) or electronic means (via our website at www.virginmobileusa.com). Such notices will be considered effective after we receive them. If you are unable to resolve your concerns with Virgin Mobile USA, you may file a complaint with the Federal Communications Commission, Washington, DC 20554. Any notice we send you will be sent to your last known residence or electronic address as shown on our records, or via electronic messaging to your Virgin Mobile phone.

Use of Your Customer Information

We will always handle your information in a manner consistent with federal customer privacy laws and the Virgin Mobile USA Privacy Policy. We take all reasonable steps to protect your personal information from unauthorized use or disclosure. Except as contemplated by the Privacy Policy, we will not intentionally share your personal information without your permission. We may, from time to time, use the information you provide us to market services to you that may be related to our service offerings. You will have the opportunity to choose whether you would like to receive text messages, email, direct mail and other updates from Virgin Mobile and its partners about hot new products, special promotions, and important service information by editing your profile at www.virginmobileusa.com or by calling Virgin Mobile At Your Service at 1-888-322-1122.

Effect of Terms of Service

These terms supersede all oral or written communications and understandings between you and Virgin Mobile with respect to our products and services to you and the terms under which they are offered and provided to you. If any part of these terms is declared invalid or unenforceable, all other parts of these terms are still valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of these terms. No provision of these terms provides any person or entity not a party to these terms with any remedy, claim, liability, reimbursement, or cause of action or create any other third party beneficiary rights. Any complaint, arbitration or other legal action concerning these terms shall be interpreted under the laws of the State of New York, excluding the choice of law rules, and shall be subject to the jurisdiction of the courts of the State of New York. Complaints, arbitration or other legal actions involving California customers will be interpreted under the laws of the State of California, and will be subject to the jurisdiction of the courts of the California county in which the customer primarily uses Virgin Mobile's services.

Export

You agree to comply with all trade regulations and export control laws both domestic and foreign. Virgin Mobile phones, equipment, software, and any underlying information accessed or transferred by you using Virgin Mobile's services may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. § 2401, et seq.) and the Export Administration Regulations (50 C.F.R. § 730-774), as well as the import regulations of other countries. Except as authorized by Virgin Mobile and the U.S. export control laws, you agree not to export or re-export any Virgin Mobile phones, equipment, or software to any foreign country. Any information transferred by you using Virgin Mobile's services to any foreign country, entity, or person must comply with the U.S. Export Administration Act and the Export Administration Regulations.

Trademarks

The "Virgin" name and signature and the "Virgin Mobile" name and logo are registered trademarks of Virgin Enterprises Limited and used under license by Virgin Mobile USA, LLC.