65
General Terms and Conditions
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) list Customer's contact information
(e.g., name, address, and Number) in a telephone or subscriber
directory, or include such information in a directory assistance service;
(5) provide handset-based or network-based geographic information
services via Nextel-provided or third party software applications; (6)
comply with applicable law; or (7) 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 GEOGRPAHIC 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 Agreement.
Customer acknowledges that Nextel is not responsible for the Equipment
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