Motorola iDEN i80s User Manual page 183

Nextel Terms and Conditions of Service
Customer or any other amount owed to Company. Company reserves the right to interrupt Services if
Service appears to have excessive charges, payments are delinquent, or any unusual calling patterns are
observed on Customer's account. Such interruption may be done to protect Customer or Company as
the Company determines in its sole discretion, but in no event shall the Company be liable to the
Customer or to any third party by reason of interrupting or failing to cause an interruption of Service.
5. RATES, CHARGES, AND PAYMENT – Company shall issue invoices for Service. Monthly
Access charges shall be invoiced in advance. Airtime and long distance charges shall be invoiced in
arrears. Customer agrees to pay Company, on a timely basis, for charges by Company for Service.
Customer acknowledges that chargeable time for telephone calls and Nextel Direct Connect call
transmissions originated by a unit begin when a connection is established with Company facilities. A
new Nextel Direct Connect call is initiated by a call participant if that participant responds more than
six (6) seconds after the other party finishes its Nextel Direct Connect transmission. Customer accepts
responsibility for Airtime charges from incoming telephone calls to its mobile unit from the time that
Customer responds to the call. If Customer disputes any Service charges, Customer must pay the entire
amount set forth in the invoice by the due date and submit a written explanation within forty five (45)
days from the date Company charges Customer for the disputed Service. If Company determines that
an error was made with respect to any disputed Service charges, Company shall credit Customer's
account in the amount of the error. If Customer does not pay the amount in dispute owed to Company,
Company may exercise any remedies it may have under this Agreement for non-payment of Service
charges. Company reserves the right to modify any and all elements of the Service charges at any time
and each such modification shall be effective immediately upon the Company's communication thereof
to Customer, unless the Company's communication indicates a later effective date with respect to such
modification. Payments which are not received within thirty (30) days from the date of Company's
communication thereof to Customer, Customer shall be subject to late payment charges of 1.5% of the
disputed Service charges (or the maximum interest rate permitted by law). The late payment charge is
for costs related to the non-timely payment and shall not be deemed an interest payment. If the parties
have agreed that payments are to be made in installments, or on credit, Customer shall be responsible
for paying amounts due as agreed. If Customer does not make all payments when they are due, such
failure shall be a default under this Agreement and Company shall be entitled to exercise any remedies
it may have under this Agreement or at law or in equity. If the sale of the Equipment is on a credit or
installment basis and the Customer accepts delivery of the Equipment, the Customer may not return the
Equipment or receive a refund or any amounts paid and agrees to continue making payments as
required under this Agreement until the Equipment sale price is paid in full.
6. NONPAYMENT/BREACH – A charge of $25.00 will be made by Company for any check or
negotiable instrument tendered by Customer and returned unpaid by a financial institution for any
reason. Company may demand payment by money order, cashier's check, or similarly secure form of
payment, at Company's discretion at any time or from time to time. If Company obtains the services of
a collection or repossession agency or an attorney to assist Company in remedying Customer's breach
of this Agreement, including but not limited to the nonpayment for charges hereunder, Customer shall
be liable for this expense. Customer understands that in the event of nonpayment of charges or any
other breach of the terms and conditions of this Agreement, in addition to any other remedies Company
may have, Company may temporarily or permanently terminate Service to Customer. If Service is
terminated and not reconnected within 30 days, all outstanding payments to be made in installments are
accelerated and immediately due in full. If Company disconnects the Service, Customer shall be liable
to satisfy and discharge all outstanding amounts due and may, at Company's sole discretion, be
required to pay a reconnect charge of $25.00 per unit, in addition to any advance payment of Service
charges that may be requested by 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 SERVICES – Nextel Online 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
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