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Nextel® Terms and Conditions of Service

may modify the terms of Service before reactivating Service to Customer and may require Customer to provide Nextel with an initial Deposit or an additional Deposit.

11.RELEASE OF CUSTOMER INFORMATION - Privacy - Wireless systems use radio channels to transmit communications that may be accidentally or intentionally intercepted. Although federal and state laws may make it illegal for third parties to listen in on Customer’s Service, privacy cannot be guaranteed. NEXTEL SHALL NOT BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR EAVESDROPPING ON OR INTERCEPTION OF COMMUNICATIONS MADE WHILE USING THE SERVICE OR THE EQUIPMENT.

911 or Other Emergency Calls - The Service does not interact with 911 and other emergency services in the same manner as non-wireless or landline telephone services. Depending on Customer’s location, the type of Equipment being used, the type of equipment being utilized by any applicable emergency services provider, and the circumstances and conditions of a particular call, Customer’s phone number and/or location may not be identifiable to emergency services providers and Customer may not be connected to the appropriate emergency services provider. In certain circumstances, a 911 call may be routed to a state patrol dispatcher. Nextel is deploying

wireless E911 compatible Equipment that meets applicable FCC requirements and that is designed to help public safety authorities locate users of the Service who make 911 calls. However, E911 service that is compatible with the FCC technical requirements is not available in all areas, and even in those areas where it is available, it is not entirely reliable. Moreover, if Customer’s Equipment is not GPS-enabled, emergency services personnel may have much less precise location information about the Customer, compared to the information available to them if Customer’s Equipment was GPS-enabled. The information available to emergency service providers may also be limited if Customer’s number or numbers are in the process of being ported. Customer acknowledges that E911 service is not available in all areas, is not completely reliable and is further limited when using non-GPS enabled Equipment or during the number porting process. Customer consents to Nextel’s disclosure of Customer information to governmental and public safety authorities in response to emergencies. This information may include, but is not limited to, Customer’s name, address, Number, and the location of the user of the Service at the time of call.

Access, Use and Disclosure of Customer Information and Communications - Customer acknowledges and agrees that Nextel may access, use, and disclose to third parties, any information

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