WAIVES, AS AGAINST COMPANY, ALL OTHER WARRANTIES, GUARANTEES, CONDITIONS, OR LIABILITIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE. IN NO EVENT SHALL COMPANY BE LIABLE FOR CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES, WHETHER OR NOT OCCASIONED BY COMPANY NEGLIGENCE AND INCLUDING, WITHOUT LIMITATION, LIABILITY FOR ANY LOSS OR DAMAGE RESULTING FROM THE INTERRUPTION OR FAILURE IN THE OPERATION OF ANY EQUIPMENT SOLD OR OTHERWISE PROVIDED HEREUNDER. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION CONTAINED HEREIN. CUSTOMER ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE EQUIPMENT. UNLESS OTHERWISE AGREED BY COMPANY, IF THE EQUIPMENT PROVES DEFECTIVE, THE COSTS OF ALL NECESSARY SERVICING AND REPAIR WILL BE BORNE BY CUSTOMER.
22.NEXTEL ONLINE “GOLD ” SERVICES – Nextel Online “Gold ” Services are those Internet and data Services offered in conjunction with a Service plan using the suffix “Gold ”; e.g., Packetsream Gold. Company may charge an activation fee for each IP address for these services. These services may be used only with mobile clients for Internet/intranet access and Internet
browser (e.g., Netscape® Navigator or Communicator, Microsoft® Internet Explorer, etc.) It may also be used with software for proxy applications, for dispatch applications, for POP3 email access, and for other use specifically approved by Nextel. These Internet and data Services may not be substituted for a private line or frame relay connection, or be used for streaming data feeds. Company reserves the right to deny service, without notice, to any Customer whose usage adversely impacts Company’s network, systems or other subscribers’ use of Services.
23.NETWORK SECURITY, INTEGRITY, AND OPTIMIZATION - Company may take any and all action it deems necessary or reasonable to (i) protect its network and systems, or the rights of Company, Company’s subscribers or others; (ii) optimize or improve its network or systems; or (iii) improve its products and services. Such action may include, without limitation, employing methods, technologies, or procedures to filter or block messages sent through Company’s network or systems. Accordingly, Company may, in its sole and absolute discretion, at any time, filter “spam ”, without regard to any Customer preference solicited 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.
