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www.nextel.com
Nextel Terms and Conditions of Service
TERMS AND CONDITIONS OF SERVICE: Before calling the Nextel Customer Care
Service Activation number contained in these materials, you (“Customer”) must read and
agree to the following terms and conditions of Nextel wireless communications services
(“Service”). By calling to activate 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”). 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 i2000plus phone and accessory equipment (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 acknowledges that it
complies with all FCC rules and regulations. Customer will not use the Service for any
unlawful purpose. Customer will not use the Service in aircraft. 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 Service/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 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. 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 and 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 understands that Company may request and verify
Customer’s bank references and perform a credit history check utilizing standard
commercial credit reference services in connection with Company’s review of the
Customer’s credit worthiness. 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.
3. CUSTOMER RADIO EQUIPMENT—Company is not responsible for the installation,
operation, quality of transmission, or maintenance of the Equipment. Any change in
Service or Equipment may require additional programming or Equipment or changes to
assigned codes or numbers which may require programming fees. Company reserves the
right to change or remove assigned codes and/or numbers when such change is reasonably
necessary in the conduct of its business. Customer does not have any proprietary interest
in such codes or numbers. Although Federal and state laws may make it illegal for third
parties to listen in on service, complete privacy cannot be guaranteed. Company shall not
be liable to Customer or to any third party for any eavesdropping on or interception of
communications from Company’s System.
4. DEPOSITS—Company 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