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21. NO WARRANTY (EQUIPMENT) - COMPANY MAKES NO
WARRANTIES OR REPRESENTATIONS OF ANY KIND, STATUTORY,
EXPRESS OR IMPLIED, TO CUSTOMER OR TO ANY OTHER PURCHASER
OF THIS EQUIPMENT. WITHOUT LIMITING THE FOREGOING, COMPANY
SPECIFICALLY MAKES NO EXPRESS OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
CUSTOMER HEREBY 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 e-mail via a standard HTML 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.
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