Nextel Terms and Conditions of Service
4.EQUIPMENT AND INSTALLATION – If the sale is for cash only, title to the Equipment shall be transferred to Customer upon receipt by Company of a cashier’s or certified check or other equally secure form of payment in the amount set forth on the front of this Agreement. Company shall not be liable to Customer for delays in delivery or unavailability of Equipment or any part thereof or for the cancellation of any orders of Equipment by the manufacturer. Customer, at its option, may have the Equipment installed by Company at the rate specified on the front of this Agreement. If Customer purchases the Equipment on credit or an installment basis, installations, repairs, and removal of Equipment must be performed by a party authorized by Company. Company shall not be liable for any damage to Customer’s vehicle(s) or Equipment which may result from installation of Equipment by any person who is not employed by Company. Customer shall not modify, disassemble,
5.CUSTOMER RADIO EQUIPMENT – Company is not responsible for the installation, operation, quality of transmission, or, unless separate maintenance arrangements have been made between Company and Customer, maintenance of the Equipment. Any change in Service or Equipment may require additional programming or Equipment or changes to assigned codes or numbers which may require programming fees. Company reserves the right to change or remove assigned codes and/or numbers when such change is reasonably necessary in the conduct of its business. Customer does not have any proprietary interest in such codes or numbers. Although Federal and state laws may make it illegal for third parties to listen in on service, complete privacy cannot be guaranteed. Company shall not be liable to Customer or to any third party for any eavesdropping on or interception of communications from Company’s System.
6.NEXTEL WIRELESS WEB SERVICES – Nextel Wireless Web 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 Wireless Web 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 Wireless Web Services may not be available in all Company Service areas.
7.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.
8.CONTENT; COMMUNICATIONS WITH OTHERS; 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. Nor is Company responsible for the actions of third parties arising from a Customer’s contact with such third parties via Nextel Online Services, whether such contact is facilitated through Customer’s own initiative or via an embedded link on the Equipment. Company gives no guarantee or assurance as to the currency, accuracy, completeness or utility of Content obtained through Nextel Online Services. Company, Content providers and others have proprietary interests in certain Content. Customer shall not, nor permit others, to reproduce, broadcast, distribute, sell, publish, commercially exploit or otherwise disseminate such Content in any manner without the prior written consent of Company, Content providers, or others with proprietary interests in such Content, as applicable.
9.DEPOSITS – Customer shall provide Company with a deposit towards the purchase of the Equipment in the amount set forth on the front of this agreement. Company also has the right, exercisable in its sole discretion at any time or from time to time, to require Customer to make a deposit to guarantee payment of sums due hereunder, including Service charges. Unless otherwise required by law, deposits may be mixed with other funds and will not earn interest. Customer hereby grants Company, as applicable, a security interest in such deposits, to secure the payment of all sums due hereunder as well as the performance of all other payment obligations Customer may have to the Company whether now existing or hereafter rising. Upon termination of Service, or upon the first billing cycle after the twelfth month of service, whichever comes first, Company may apply the deposit against any outstanding Service charges of Customer or any other amount owed to the Company. If Customer is terminating the Agreement, any remaining balance will be released to the Customer at the Customer’s last known address within approximately 90 days. If the Customer continues with the
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