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Nextel Connection Manager User Guide

Nextel Terms and Conditions

Nextel® Terms and Conditions of Service

IT IS IMPORTANT THAT YOU READ THIS ENTIRE AGREEMENT CAREFULLY. This wireless service agreement (the “Agreement”),

consisting of these Terms and Conditions and the Plan Information is an agreement between you individually or, if a business, your

business entity or corporation (“Customer”), and the Nextel local operating affiliate authorized to provide service in the geographic region in

which Customer’s billing address is located (“Nextel”). Should there be any conflict between this Agreement and the terms and conditions

of the current Service Agreement or Subscriber Agreement or other agreement between Customer and Nextel covering the Equipment (as
defined below) accompanying this User’s Guide, the terms and conditions of the current Service Agreement or Subscriber Agreement or

other agreement will control. Customer represents that (1) he or she is at least 18 years of age and is legally competent to enter into this

Agreement; (2) if acting on behalf of an entity, he or she is fully authorized to bind the entity; (3) if acting on behalf of a corporation, the

execution of this Agreement has been authorized by all necessary corporate actions. These services may include, but are not limited to,
wireless calling, Direct Connect

walkie-talkie services, Nationwide Direct Connect

walkie-talkie services, Group Connect

walkie-talkie

services, “Wireless Data Services” (including, but not limited to, wireless web services, email services, text messaging, multimedia

messaging and other mobile messaging services), and other related services and features. Together, the services selected by Customer

make up Customer’s “Service Plan” and are collectively referred to in this Agreement as the “Service” provided to Customer. Service is
accessible to Customer through the telephone, data, email or messaging code or number(s) or email address(es) (collectively, the

“Number(s)”) assigned to Customer’s account. This Agreement also governs the purchase and or use of Customer’s cellular phone

(“Phone”), BlackBerry®, radio equipment and all other related equipment or devices and the software applications loaded on any of the

same used in connection with the Service (“Equipment”). This Agreement governs the entire relationship between Customer and Nextel
and supersedes all earlier versions of any agreement between Customer and Nextel. Customer acknowledges receipt of detailed

information (“Plan Information”) for each Service selected by Customer. ALL PLAN INFORMATION IS MADE PART OF THIS

AGREEMENT AND SHOULD BE CAREFULLY REVIEWED BY CUSTOMER. If Plan Information conflicts with this Agreement, this

Agreement shall govern. IN CONSIDERATION OF THE PAYMENTS AND THE MUTUAL COVENANTS AND CONDITIONS SET FORTH
IN THIS AGREEMENT, NEXTEL AND CUSTOMER AGREE AS FOLLOWS:

ACCEPTANCE OF THIS AGREEMENT - Customer will have accepted and be bound by this Agreement if Customer (1) provides

Nextel with a written or electronic signature; (2) otherwise indicates electronically that Customer accepts; or (3) activates Service through

the Equipment.
Creditworthiness of Customer - Customer must complete a credit application (“Credit Application”) before Service may be provided to

Customer. THIS AGREEMENT SHALL NOT BE EFFECTIVE UNTIL NEXTEL APPROVES CUSTOMER’S CREDIT APPLICATION AND

OTHERWISE ACCEPTS THE AGREEMENT. Customer acknowledges that Nextel will rely on the credit information furnished by

Customer (“Credit Information”) and Customer’s credit history to determine whether to provide Service to Customer. Customer consents to
Nextel’s requests for and verification of Customer’s bank references and authorizes Nextel to assess Customer’s creditworthiness from

time to time by contacting standard commercial credit reference services. Customer represents and warrants that all Credit Information is

current, complete and accurate. Nextel may require Customer to update its Credit Information from time to time, and Customer agrees to

notify Nextel immediately of any change to its Credit Information. NEXTEL MAY, AT ANY TIME, TERMINATE THE SERVICE OF ANY
CUSTOMER THAT DOES NOT PROVIDE CURRENT, COMPLETE AND ACCURATE CREDIT INFORMATION. Nextel may, at any time

in its sole discretion, place restrictions on Customer’s use of Service, including but not limited to, a limitation on the amount of charges

Customer may incur with respect to any Number. In this event, Nextel shall provide reasonable notice to Customer. Customer

acknowledges that Nextel may provide Customer’s payment history and other billing/charge information regarding the Service or
Equipment to any credit reporting agency or industry clearinghouse.

Deposits - Nextel may, at any time in its sole discretion, require a deposit (“Deposit”) from Customer to be held as a guarantee of payment.

Customer grants to Nextel a security interest in any Deposit to secure all current or future amounts owed to Nextel. The Deposit may be

mixed with other funds and will not earn interest, except as required by applicable law. Customer may not use the Deposit to pay
Customer’s bills or to extend payment. Nextel may, at any time, determine that Customer’s Deposit is insufficient and, upon notice to

Customer, require an increase in the Deposit to the extent permitted by law. In this event, Customer must either furnish the increased

Deposit to Nextel within a reasonable time of its receipt of notice or terminate the Agreement during this period without incurring any

liability for early termination. If Customer does not furnish Nextel with the increased Deposit amount or terminate the Agreement and pay

to Nextel all amounts Customer owes to Nextel in a timely manner, Nextel may terminate the Agreement and Customer shall be liable to
Nextel for early termination in accordance with Section 7 below. Nextel will apply the Deposit against any amount owed to Nextel at the

end of the first billing cycle following the date that is one year from when Nextel received the deposit (“Application Date”), or, if earlier,

upon termination of the Agreement or such other time as required by law. Nextel will return the Deposit (or any remaining balance) to

Customer within ninety (90) days (or such shorter period as may be required by law) after termination of the Agreement. After the

Last updated: 5/26/05