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Nextel Terms and Conditions of Service
the Equipment or receive a refund or any amounts paid and agrees to continue making
payments as required under this Agreement until the Equipment sale price is paid in full.
6. NONPAYMENT/BREACH – A charge of $25.00 will be made by Company for any
check or negotiable instrument tendered by Customer and returned unpaid by a financial
institution for any reason. Company may demand payment by money order, cashier’s
check, or similarly secure form of payment, at Company’s discretion at any time or from
time to time. If Company obtains the services of a collection or repossession agency or an
attorney to assist Company in remedying Customer’s breach of this Agreement, including
but not limited to the nonpayment for charges hereunder, Customer shall be liable for this
expense. Customer understands that in the event of nonpayment of charges or any other
breach of the terms and conditions of this Agreement, in addition to any other remedies
Company may have, Company may temporarily or permanently terminate Service to
Customer. If Service is terminated and not reconnected within 30 days, all outstanding
payments to be made in installments are accelerated and immediately due in full. If
Company disconnects the Service, Customer shall be liable to satisfy and discharge all
outstanding amounts due and may, at Company’s sole discretion, be required to pay a
reconnect charge of $25.00 per unit, in addition to any advance payment of Service
charges that may be requested by the Company at its discretion, before the Company will
reactivate Service. Company reserves the right to modify the terms of Service as a
precondition to reactivating Service. If the Equipment is purchased on an installment
basis, or credit, the Company may take possession of the Equipment, at any time wherever
the same may be without legal process and without being responsible for loss and damage.
7. NEXTEL ONLINE SERVICES – Nextel Online Services, consisting of certain
applications such as email, data, information and other wireless internet services (the
“Applications”) are part of the Services that can be obtained through Company. Certain
Applications offered by Company or authorized third parties may be compatible with the
Equipment and/or the Service offered by Company. Customer acknowledges and agrees
that there is no guarantee or assurance that the Applications are compatible, or will
continue to be compatible, with Company’s System or any of its Equipment or Service
offerings. Such compatibility or approval from Company of compatibility shall not be
construed as an endorsement of a particular Application or a commitment on the part of
Company that Application(s) will continue to be compatible with the System, Equipment
or Service for any period of time. Company reserves the right, in its sole discretion, to
disable or discontinue any Application for any reason. Use of Nextel Online Services
requires a wireless internet compatible phone, and is subject to any storage, memory or
other Equipment limitation. Only certain internet sites may be accessed, and certain
Nextel Online Services may not be available in all Company Service areas.
8. APPLICATION CUSTOMER CARE AND SUPPORT – Customer acknowledges and
agrees that in most cases, the developer of an Application is responsible for providing
customer care and Application support to all Customers using the Application. In the
event Customer contacts Company customer care with a problem concerning the use of an
Application, Customer may be referred to the Application developer’s customer care, and
Company shall have no obligation to support such Application.
9. CONTENT; INTELLECTUAL PROPERTY RIGHTS – Company is not a publisher of
third party content that Customer may from time to time access through Nextel Online
Services; therefore Company is not responsible for the content provided by such third
parties, including but not limited to statements, opinions, graphics, photos, music, services
and other information (“Content”), and accessed by Customer through Nextel Online
Services. Company gives no guarantee or assurance as to the currency, accuracy,
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