Nextel® Terms and Conditions of Service

by Company or exercised by Customer. Company shall not be liable to Customer or to any third party for blocking messages sent through Company’s network or systems.

24.CUSTOMER INFORMATION – Company may in its sole discretion access, use, and disclose to third parties, any information (whether personally identifying information, or “Customer proprietary network information,” within the meaning of 47 U.S.C.§ 222 and its implementing regulations) it collects, possesses or develops about Customer (i) to provide any product or service that Customer purchases, or accesses through or uses on the Equipment; (ii) to conduct marketing activities in accordance with applicable law, and Company’s privacy policy, as described below; (iii) to provision a number portability request, either through Company or a new service provider; (iv) to comply with the law; or (v) to respond to emergencies. Customer acknowledges that (i) Company posts a privacy policy on its website that explains its policies with respect to the collection, access, use, and disclosure of personal Customer information; (ii) Company may revise such policy at any time; and (iii) the most recent version of such policy shall at any time serve as the effective privacy policy, regardless of the date on which Customer entered into this Agreement.

25.COMMERCIAL LOCATION BASED SERVICES - If Customer purchases any commercial location based service for use through Company’s network or Equipment, Customer shall clearly, conspicuously, and regularly notify all its users that location information (i.e., the geographic coordinates of the Equipment) may be accessed, used, or disclosed to provide the location based service and that, as a result, Customer or someone other than the user of the Equipment may be able to identify the geographic coordinates of the Equipment. CUSTOMER AGREES TO INDEMNIFY AND HOLD COMPANY HARMLESS AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, OR CAUSES OF ACTION (INCLUDING ALL ACTIONS BY THIRD PARTIES) ARISING OUT OF A BREACH OF THE OBLIGATIONS ENUMERATED IN THIS SECTION 25 OF THE AGREEMENT.

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