ok after working with metropcs and they gave me a new hand set thinking it was the problem it happened again with the same error saying "oops! you exceded the rate limit policy" we found the problem when you set up your email in a app like K-9 or the android mail app you have to go into settings for that account and find "sending mail" and then go to "outgoing server" and change the Authentication type from "automatic" to "LOGIN". the back out and all works great. now i dont know if you have to use this setting for all email domains but i have multiple AOL emails and i had to set this on all accounts and my emails fly right out with no problems now.
this is just a follow up if anyone needs this info