Nextel Connection Manager User Guide
requests and otherwise cooperate with Nextel in the investigation of such incident. If Nextel terminates Service to Customer, and Service
is not reconnected within thirty (30) calendar days, all amounts owed to Nextel (including any damages for early termination) shall become
immediately due and payable.
Reactivation - Nextel may, but is not required to, reactivate Service to Customer after Service has been suspended or terminated in
accordance with the previous subsection. Before Service may be reactivated, Customer must pay to Nextel all past due amounts plus a
reconnection charge equal to $25.00 per Number, plus applicable taxes. Nextel may modify the terms of Service before reactivating
Service to Customer and may require Customer to provide Nextel with an initial Deposit or an additional Deposit.
11.
RELEASE OF CUSTOMER INFORMATION - Privacy - Wireless systems use radio channels to transmit communications that
may be accidentally or intentionally intercepted. Although federal and state laws may make it illegal for third parties to listen in on
Customer’s Service, privacy cannot be guaranteed. NEXTEL SHALL NOT BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR
EAVESDROPPING ON OR INTERCEPTION OF COMMUNICATIONS MADE WHILE USING THE SERVICE OR THE EQUIPMENT.
911 or Other Emergency Calls - The Service does not interact with 911 and other emergency services in the same manner as non-wireless
or landline telephone services. Depending on Customer’s location, the type of Equipment being used, the type of equipment being utilized
by any applicable emergency services provider, and the circumstances and conditions of a particular call, Customer’s phone number
and/or location may not be identifiable to emergency services providers and Customer may not be connected to the appropriate
emergency services provider. In certain circumstances, a 911 call may be routed to a state patrol dispatcher. Nextel is deploying wireless
E911 compatible Equipment that meets applicable FCC requirements and that is designed to help public safety authorities locate users of
the Service who make 911 calls. However, E911 service that is compatible with the FCC technical requirements is not available in all
areas, and even in those areas where it is available, it is not entirely reliable. Moreover, if Customer’s Equipment is not GPS-enabled,
emergency services personnel may have much less precise location information about the Customer, compared to the information
available to them if Customer’s Equipment was GPS-enabled. The information available to emergency service providers may also be
limited if Customer’s number or numbers are in the process of being ported. Customer acknowledges that E911 service is not available in
all areas, is not completely reliable and is further limited when using non-GPS enabled Equipment or during the number porting process.
Customer consents to Nextel’s disclosure of Customer information to governmental and public safety authorities in response to
emergencies. This information may include, but is not limited to, Customer’s name, address, Number, and the location of the user of the
Service at the time of call.
Access, Use and Disclosure of Customer Information and Communications - Customer acknowledges and agrees that Nextel may access,
use, and disclose to third parties, any information whether personally identifying information, or “customer proprietary network 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) provide handset-based or
network-based geographic information services via Nextel-provided or third party software applications; (5) comply with applicable law; or
(6) 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
GEOGRAPHIC 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 or its installation. Nextel is not responsible for the operation, quality of transmission, or, unless separate maintenance
arrangements have been made between Nextel and Customer, for maintenance of the Equipment. Customer further acknowledges that
Equipment purchased from Nextel is not compatible with and will not support services provided by other wireless carriers, except for those
services provided by an entity operating compatible iDEN equipment or in connection with roaming to certain countries outside of the
United States. NEXTEL SHALL NOT BE LIABLE FOR ANY DAMAGES (INCLUDING DAMAGE TO THE EQUIPMENT) RESULTING
Last updated: 5/26/05
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