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Quotation emphasis: #3, #12, & #18
NOTICE 
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NOTICE (End of quote)3. The SMART Prepaid GSM SIM Card cannot be used with handsets which are:
SIM-locked to networks other than SMART; or
12. If the Subscriber, or any other person, at the sole discretion of the Company, is found to use the Service for any fraudulent purpose or îllégâl activities, xxx, the Company reserves the right to disconnect the Service and/or refuse to reconnect the Subscriber. xxx
The Subscriber’s right to use the Service is personal to the Subscriber. The Subscriber shall not engage in the following activities (“Unauthorized Activities”):
a. X xx xx
b. Utilization of the Service in bypassing or in activities that tend to bypass the SMART network, billing and/or traffic routing;
c. Xx xx xx
d. Xx xx
(End of quote and emphasis)
(con't)
The Subscriber shall likewise be liable to SMART for any and all damages resulting from any of the above Unauthorized Activities.
The Subscriber shall be liable to the Company for any and all compensation fee on account of any of the above Unauthorized Activities and unauthorized commercial use of the Service. The compensation fee is payable, without any limitation from the time the Unauthorized Activity occurred until the actual cessation thereof. A penalty equivalent to one hundred fifty percent (150%) of the computed revenue losses shall be charged against the subscriber if proven accountable for such Unauthorized Activity. For this purpose, the Company has the right to full access to the relevant books and all other records of the Subscriber in order to ascertain the volume of traffic and total amount of compensation fee payable. In the absence of said record, the Company shall have the sole discretion in the determination of the bypass compensation. In addition to the Unauthorized Activities referred to above, the Subscriber undertakes not to use the Service for any activity that is contrary to morals and public policy or which violates any ordinance, law, decree, order, regulation or treaty (the “îllégâl Activities”). The Subscriber agrees to indemnify and hold the Company free and harmless from any liability, suit, or damage arising from or connected with the Subscriber’s Unauthorized and/or îllégâl Activities. The Subscriber further authorizes the Company to supply any and all information requested by any law enforcement or government agency/ies, or other private entities, the latter within the limits provided for by law, relative to the Subscriber’s subscription to the Service. In which case, the Subscriber hereby irrevocably and unconditionally waives any and all its relevant remedies under the law, including but not limited to the right to claim damages.
X xx xx
18. These Terms and Conditions shall be in effect from the date of availment of the Smart Prepaid GSM Service.
(Emphasis and underscoring supplied)
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