Nextel® Services Guide

Other Important Information

Nextel Terms and Conditions of Service

TERMS AND CONDITIONS OF SERVICE: Before using your BlackBerry 6510 Wireless Handheld or accessories from Nextel (the “Equipment”), you (“Customer”) must read and agree to the following terms and conditions of Nextel wireless communications services (“Service”). By using the Equipment or Service, Customer applies and subscribes for Services provided by Nextel (the “Company”) and confirms that Customer has read, understands, agrees to and accepts the terms and conditions stated herein (the “Agreement”). In addition, because Service requires software and related services provided by RIM®, the Service is also subject to RIM's terms and conditions. Such terms and conditions may be found on the BlackBerry Software CD/s) or in related documentation accompanying the Equipment.

Should there be any conflict between the terms and conditions below, and the terms and conditions of any current Service/Subscriber Agreement between Customer and Company covering the Equipment accompanying this User’s Guide, the terms and conditions of the current Service/Subscriber Agreement will control.

1.USE OF SERVICE – By executing this Agreement, Customer covenants that it shall comply with all applicable laws, including without limitation all Federal Communications Commission rules and regulations. Customer will not use the Service for any unlawful purpose. Customer will not use the Service in aircraft or in motor vehicles where prohibited by law, ordinance or regulation, as applicable. Customer acknowledges and agrees that all future purchases of Company Services and Equipment by Customer shall be governed by the terms and conditions contained herein unless Customer and Company enter into a subsequent Subscriber Agreement. Company may change this Agreement at any time. Any changes are effective when Company provides Customer with written notice stating the effective date of the change(s). If Customer elects to use the Services or make any payment to Company on or after the effective date of the changes, Customer is deemed to have accepted the change(s). If Customer does not accept the changes, Customer may terminate Services as of the effective date by sending written notice to Company at the address shown on Customer’s bill. If Services are terminated before the end of the current billing cycle, (i) no credit or refund will be provided for unused airtime; and (ii) any monthly recurring charge will not be prorated to the date of termination.

2.TERM –The Service Term of this Agreement shall be specified on the Subscriber Agreement Form and shall commence as of the date hereof. Thereafter, unless Customer or Company terminates this Agreement as provided for herein, this Agreement shall automatically renew on a month-to-month basis. Notice of termination by Customer shall be made only in writing to Company at the address shown on Customer’s bill. Company reserves the right not to renew this Agreement at any time prior to the conclusion of the Service Term or any renewal term. Except for a Customer termination in response to Company changes in accordance with Section 1 above, a $200 cancellation fee per unit will be charged to Customer for cancellation within the Service Term, if a one or two year Service Terms is selected on the Subscriber Agreement. If Company permits Customer to suspend Service to Customer’s account(s) for a temporary period, Company may extend the term of this Agreement by the length of the temporary suspension. If Customer changes rate plans during the Service Term of this Agreement, or upgrades Equipment at any time, then Customer may be required to start a new Service Term of up to 24 months as of the date of the change or upgrade and may be subject to a transfer fee.

3.CREDIT APPLICATION – This Agreement shall be contingent upon Company’s approval of Customer’s credit application. Company may require Customer to update its credit application or information from time to time. Customer warrants and represents that all information furnished on the credit application is current, complete, accurate, and true. If Company subsequently determines that any statements made on the credit application are false, incomplete or inaccurate, Company may declare Customer to be in default under this Agreement and may exercise any remedies it has under this Agreement at law or in equity. Customer understands that Company will rely upon the credit information provided by Customer, including but not limited to Customer’s social security number or tax identification number, and other confidential and personal financial and credit information requested by Company and supplied by Customer, in making a decision to provide Services. Customer consents to Company’s requests for and verification of Customer’s bank references and Company’s performance of a credit history check utilizing standard commercial credit reference services in connection with Company’s review of the Customer’s creditworthiness. Customer acknowledges that Company may provide payment history and other billing/charge information to a credit reporting agency for inclusion in Customer’s records maintained by such credit reporting agency. Customer understands that a security deposit or airtime usage limit may be required.

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Nextel comm 6510 manual Other Important Information, Nextel Terms and Conditions of Service