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Nextel Terms and Conditions of Service

invoices are not paid by the due date. The late payment charge is applied to the total unpaid balance due and outstanding. The late payment charge is for costs related to the non-timely payment and shall not be deemed an interest payment. 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 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 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.

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

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