Nextel® Terms and Conditions of Service

other Equipment limitation. Only certain internet sites may be accessed, and certain Nextel Online Services may not be available in all Company Service areas.

7.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.

8.CONTENT; COMMUNICATIONS WITH OTHERS; 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. Nor is Company responsible for the actions of third parties arising from a Customer’s contact with such third parties via Nextel Online Services, whether such contact is facilitated through Customer’s own

initiative or via an embedded link on the Equipment. 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.

9.DEPOSITS – Customer shall provide Company with a deposit towards the purchase of the Equipment in the amount set forth on the front of this agreement. Company also has the right, exercisable in its sole discretion at any time or from time to time, to require Customer to make a deposit to guarantee payment of sums due hereunder, including Service charges. Unless otherwise required by law, deposits may be mixed with other funds and will not earn interest. Customer hereby grants Company, as applicable, a security interest in such deposits, to secure the payment of all sums due hereunder as well as the performance of all other payment obligations Customer may have to the Company whether now existing or hereafter arising. Upon termination of Service, or upon the first billing cycle after the twelfth month of service, whichever comes first, Company may apply the deposit against any

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