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the Company at its discretion, before the Company will reactivate Service. Company
reserves the right to modify the terms of Service as a precondition to reactivating Service.
If the Equipment is purchased on an installment basis, or credit, the Company may take
possession of the Equipment, at any time wherever the same may be without legal process
and without being responsible for loss and damage.
7. NEXTEL ONLINE WIRELESS INTERNET SERVICES—Nextel Online Wireless
Internet Services, consisting of certain applications such as email, data, information and
other wireless internet services (the “Applications”) are part of the Services that can be
obtained through Company. Certain Applications offered by Company or authorized third
parties may be compatible with the Equipment and/or the Service offered by Company.
Customer acknowledges and agrees that there is no guarantee or assurance that the
Applications are compatible, or will continue to be compatible, with Company’s System
or any of its Equipment or Service offerings. Such compatibility or approval from
Company of compatibility shall not be construed as an endorsement of a particular
Application or a commitment on the part of Company that Application(s) will continue to
be compatible with the System, Equipment or Service for any period of time. Company
reserves the right, in its sole discretion, to disable or discontinue any Application for any
reason. Use of Nextel Online Wireless Internet Services requires a wireless internet
compatible phone, and is subject to any storage, memory or other Equipment limitation.
Only certain internet sites may be accessed, and certain Nextel Online Wireless Internet
Services may not be available in all Company Service areas.
8. APPLICATION CUSTOMER CARE AND SUPPORT—Customer acknowledges and
agrees that in most cases, the developer of an Application is responsible for providing
customer care and Application support to all Customers using the Application. In the
event Customer contacts Company customer care with a problem concerning the use of an
Application, Customer may be referred to the Application developer’s customer care, and
Company shall have no obligation to support such Application.
9. CONTENT; INTELLECTUAL PROPERTY RIGHTS—Company is not a publisher of
third party content that Customer may from time to time access through Nextel Online
Wireless Internet Services; therefore Company is not responsible for the content provided
by such third parties, including but not limited to statements, opinions, graphics, photos,
music, services and other information (“Content”), and accessed by Customer through
Nextel Online Wireless Internet Services. Company gives no guarantee or assurance as to
the currency, accuracy, completeness or utility of Content obtained through Nextel Online
Wireless Internet Services. Company, Content providers and others have proprietary
interests in certain Content. Customer shall not, nor permit others, to reproduce,
broadcast, distribute, sell, publish, commercially exploit or otherwise disseminate such
Content in any manner without the prior written consent of Company, Content providers,
or others with proprietary interests in such Content, as applicable.
10. RISK OF LOSS: INSURANCE—Upon Customer’s acceptance of delivery of the
Equipment, all risk of loss, damage, theft, or destruction to the Equipment shall be borne
by the Customer. No such loss, damage, theft, or destruction of the Equipment, in whole
or part, shall impair the obligations of Customer hereunder, including, without limitation,
responsibility for the payment of Service Charges due hereunder. If the Equipment is
purchased on an installment basis, or on credit, Customer agrees to maintain, for the term
of this Agreement, at its own expense, comprehensive public liability and property
damage insurance with respect to its use of the Equipment in an amount not less than the
replacement value of the Equipment, naming Company as co-insured, with all losses
payable to Company. Certificates, evidencing proof of such policy and payment of
premiums, shall be delivered to Company prior to delivery or installment of the
Equipment. Customer shall prepay such premiums as required and shall furnish Company
with proof of such payment at the beginning of the Payment Term and upon the expiration
of any Certificate. Any and all amounts received by the Company under any such policy
shall be applied by Company against the amount of the Equipment Sales Price and any
related charges or fees secured hereby. Failure to provide or maintain the insurance
required above is a breach of the Agreement for which the Company shall be entitled to
exercise any remedies it may have under this Agreement.
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