Nextel Terms and Conditions of Service
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.
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 Wireless Web 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 Wireless Web Services. Company gives no guarantee or assurance as to the currency, accuracy, completeness or utility of Content obtained through Nextel Wireless Web 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.
10.RISK OF LOSS: INSURANCE—Upon Customer’s acceptance of delivery of the Equipment, all risk of loss, damage, theft, or destruction to the Equipment shall be borne by the Customer. No such loss, damage, theft, or destruction of the Equipment, in whole or part, shall impair the obligations of Customer hereunder, including, without limitation, responsibility for the payment of Service Charges due hereunder. If the Equipment is purchased on an installment basis, or on credit, Customer agrees to maintain, for the term of this Agreement, at its own expense, comprehensive public liability and property damage insurance with respect to its use of the Equipment in an amount not less than the replacement value of the Equipment, naming Company as co-insured, with all losses payable to Company. Certificates, evidencing proof of such policy and payment of premiums, shall be delivered to Company prior to delivery or installment of the Equipment. Customer shall prepay such premiums as required and shall furnish Company with proof of such payment at the beginning of the Payment Term and upon the expiration of any Certificate. Any and all amounts received by the Company under any such policy shall be applied by Company against the amount of the Equipment Sales Price and any related charges or fees secured hereby. Failure to provide or maintain the insurance required above is a breach of the Agreement for which the Company shall be entitled to exercise any remedies it may have under this Agreement.
11.PROPERTY DAMAGE INSURANCE—If Customer selects Direct Protect insurance protection, Company will remit the monthly charge for the insurance which appears on Customer’s bill to The Signal Telecommunications Insurance Services (“Signal”) on Customer’s behalf. Customer acknowledges that insurance protection is offered by the Signal, not Company, and that any requests for information or claims regarding the insurance shall be directed to Signal. Customer acknowledges having received a summary
