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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 Online 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 Online 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 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. 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.
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
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 of coverage, including deductible information, which is also available by calling Signal at
12.TAXES, FEES, SURCHARGES & ASSESSMENTS – Customer is responsible for all federal, state, and local taxes, fees, surcharges, and other assessments (collectively, “Charges”) that are imposed on telecommunications services, other services, and equipment or that are measured by gross receipts from the sale of telecommunication services and/or equipment. Such Charges shall include, but are not limited to: excise taxes; sales and transaction taxes; utility taxes; regulatory fees and assessments; universal service assessments, telephone relay service (TRS) assessments; recoveries or similar charges. Customer shall be responsible for such Charges regardless of whether the Charge is imposed upon the sale of equipment or services, upon Customer, or upon Company. If any such Charge is determined to be applicable and has not been paid by Customer before Customer accepts delivery of equipment, Customer shall pay Company the full amount of any such Charge no later than ten (10) days after receipt of the invoice therefor.