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whether personally identifying information, or
“customer proprietary network information”
(“CPNI”) within the meaning of 47 U.S.C. § 222
and its implementing regulations (“CPNI
Regulations”) that Nextel collects, possesses or
develops about Customer to: (1) provide Customer
with Equipment, Service, or customer support; (2)
conduct marketing activities in accordance with
applicable law (Customer may opt out of any such
marketing by contacting Nextel); (3) enable
Customer to switch to a new service provider
(either Nextel or another service provider) while
retaining the same phone number; (4) provide
handset-based or network-based geographic
information services via Nextel-provided or third
party software applications; (5) comply with
applicable law; or (6) respond to emergencies.
Customer acknowledges that any information that
identifies Customer (e.g., Customer’s name and
Number) and calls made by Customer may appear
on the equipment or bill of a person or party that
receives Customer’s call. Nextel may access, use,
disclose, record or monitor any communications to
or from Customer or any other person to protect
Nextel’s rights or property or those of other
customers, as permitted by law.
Geographic Information Services - Consistent with
the foregoing, Customer acknowledges and agrees
that Nextel or a third party application service
provider may access, use, and disclose to third
parties the geographic location of Customer’s
Equipment to provide Customer with any
geographic information service which Customer
accesses through the Service or Equipment. If
Customer utilizes any such service and there are
additional users on Customer’s account, Customer
shall clearly, conspicuously, and regularly notify all
individual users of the Service that location
information (i.e., the geographic coordinates of the
Equipment) may be accessed, used, or disclosed
in connection with the Service. For any geographic
information service that is governed by the CPNI
regulations or a similar law, Nextel will provide
Customer with a separate notice and opportunity to
consent to the access, use, and disclosure of
geographic information. CUSTOMER SHALL
HOLD HARMLESS AND INDEMNIFY NEXTEL
AGAINST ANY AND ALL CLAIMS, LOSSES,
EXPENSES, DEMANDS, ACTIONS, OR CAUSES
OF ACTION (INCLUDING ALL ACTIONS BY
THIRD PARTIES) ARISING OUT OF A BREACH
OF CUSTOMER’S OBLIGATION TO NOTIFY
USERS AS SET FORTH IN THIS SECTION OR
CUSTOMER’S USE OF ANY GEOGRAPHIC
INFORMATION SERVICE OR LOCATION
INFORMATION.
12. EQUIPMENT - Customer shall provide Nextel
with an initial payment in the amount required by
Nextel, to be applied towards any amount owed to
Nextel one (1) year from the effective date of the
