Motorola i860 User Manual page 164

Boost Mobile TM Terms and Conditions of Service
have proprietary interests in certain Content.
Customer shall not reproduce, broadcast, distribute,
sell, publish, commercially exploit or otherwise
disseminate such Content in any manner, or permit
others to do so, 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.
11. TAXES, FEES, SURCHARGES &
ASSESSMENTS – Customer is responsible for all
federal, state, and local taxes, fees, surcharges, and
other assessments (collectively, "Charges") that are
imposed on telecommunications services, other
services, and equipment or that are measured by
gross receipts from the sale of telecommunications
services and/or equipment. Such Charges shall
include, but are not limited to: excise taxes; sales
and transaction taxes; utility taxes; regulatory fees
and assessments; universal service assessments,
telephone relay service (TRS) assessments;
recoveries or similar charges. Customer shall be
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responsible for such Charges regardless of whether
the Charge is imposed upon the sale of equipment
or services, upon Customer, or upon Company. If
any such Charge is determined to be applicable and
has not been paid by Customer before Customer
accepts delivery of equipment, Customer shall pay
Company the full amount of any such Charge no
later than ten (10) days after receipt of the invoice
therefor.
12. COVERAGE AREA – Local Dispatch (BOOST
Walkie-Talkie), cellular calling, BOOST MOBILE
Wireless Web Services, and respective coverage
areas for these Services are subject to change at
any time at the sole discretion of Company.
13. DEFAULT / TERMINATION - If you breach any
representation to Company or fail to perform any of
the promises you made in this Agreement, you will
be in default and Company may, without notice to
you, suspend Service and/or terminate this
Agreement, in addition to all other remedies
available to us. You agree to pay all costs including
reasonable attorneys fees, collection fees, and court
costs Company may incur in enforcing this
Agreement through any appeals.
14. LIMITATION AND CONDITION OF LIABILITY;
INDEMNITY - Company does not assume and shall
have no liability for (i) failure to deliver the
Equipment within a specified time period; (ii)
unavailability or delays in delivery of the Equipment