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Application Date and upon Customer's request, Nextel will return to Customer within thirty (30) days of such request any balance
remaining on the Deposit. Deposits will be returned to Customer, in whole or in part, at Customer's last known address. If required by law,
Nextel will forward to appropriate state authorities any remaining balance that the postal service is unable to deliver to Customer.
2.
AGREEMENT TERM - The term of this Agreement for each Number has been provided to the Customer and shall begin on the
date Customer accepts the Agreement in accordance with Section 1 above, and, except as provided elsewhere in this Agreement, shall
end thirty (30) days after either Nextel or Customer gives notice of its intent to terminate. CUSTOMER MAY BE REQUIRED TO COMMIT
TO A FIXED ONE OR TWO-YEAR MINIMUM TERM ("MINIMUM TERM"), DEPENDING ON: (1) THE SERVICE PLAN OR SERVICE
FEATURES SELECTED; (2) THE EQUIPMENT PURCHASE PRICE PAID BY CUSTOMER; OR (3) CUSTOMER'S PARTICIPATION IN A
PROMOTION. CUSTOMER MAY ALSO BE REQUIRED TO COMMIT TO A NEW MINIMUM TERM IF CUSTOMER CHANGES SERVICE
PLANS OR UPGRADES EQUIPMENT DURING ANY EXISTING TERM OR MINIMUM TERM. IF CUSTOMER IS SUBJECT TO A
MINIMUM TERM, CUSTOMER SHALL PURCHASE SERVICE FOR THE FULL TERM AND, UNLESS OTHERWISE PROVIDED IN THIS
AGREEMENT, PAY DAMAGES TO NEXTEL (AS DISCUSSED IN SECTION 7 BELOW) IF THE AGREEMENT IS TERMINATED
BEFORE COMPLETION OF THE MINIMUM TERM. Customer will not be liable to Nextel for early termination if service is terminated
under the applicable return policy. Information about Nextel's return policy, if applicable, will be made available to Customer at the place of
sale and will become a part of this Agreement. Nextel may extend the Minimum Term by any period of time during which Service was
suspended to Customer or during time on a seasonal Service Plan. Upon completion of the term, this Agreement shall automatically
renew on a month-to-month basis. Nextel may, in its sole discretion, decide not to renew this Agreement at any time before completion of
the term or any renewal period.
3.
CHANGES TO AGREEMENT - SUBJECT TO APPLICABLE LAW, NEXTEL MAY, AT ANY TIME IN ITS SOLE DISCRETION,
MODIFY ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE RATES IT
CHARGES TO CUSTOMER. NEXTEL WILL PROVIDE NOTICE TO CUSTOMER OF ANY MATERIAL MODIFICATION. If the
modification is material and adverse to Customer (e.g., the modification increases the monthly Service Plan rates charged to Customer or
decreases the number of minutes included in the Customer's monthly Service Plan) and Customer does not agree to accept the
modification, Customer may terminate this Agreement without incurring any liability to Nextel for early termination by notifying Nextel within
sixty (60) calendar days after the effective date of the modification. The effective date of the modification will be set forth in the written
notice provided to Customer. If Customer does not terminate the Agreement during the sixty (60) day period, Customer will have agreed to
accept the modification and the modification shall have retroactive effect to its effective date.
4.
USE OF SERVICE OR EQUIPMENT - Customer shall not use the Service or the Equipment in any unlawful manner (including,
but not limited to, use in any aircraft or motor vehicle where prohibited by law, ordinance, or regulation), or in a manner that may be
abusive, harassing, threatening or fraudulent. Customer is solely responsible for all content transmitted using the Service or the
Equipment and shall not use the Service or Equipment to communicate any (1) harassing, threatening, defamatory, pornographic or
obscene messages; (2) unsolicited commercial messages; or (3) unsolicited commercial and/or bulk text or SMS messages. Customer
shall not use the Service or Equipment in a manner that could result in damage or risk to the business, reputation, properties, or services
of Nextel or to Nextel's subscribers, third parties or to the public generally. Accordingly, by way of example, Customer shall not attempt to
gain unauthorized access to the Service or any account on the Service, use the Service to infringe the copyright of another, or upload or
transmit any "virus", "worm" or other malicious code. Customer shall not modify, disassemble, deinstall or alter the Equipment in any
manner, except in accordance with the use instructions accompanying the Equipment. Customer may not resell or lease the Service or the
Equipment to any other person or party.
Change in Service/Number - Any change in the Service or the Equipment may require additional programming or Equipment or changes to
Numbers assigned to Customer. Customer may be assessed a programming fee in connection with any change requested by Customer.
Nextel may, at any time, change or remove any Number assigned to Customer when such change is reasonably necessary in the conduct
of Nextel's business. Customer acknowledges that Customer has no proprietary or ownership rights or interest in Customer's Number(s)
and cannot acquire such rights or interest through usage, publication or otherwise. Customer may not assign its Number to any other
Equipment and shall not program any other Number into its Equipment. If wireless number portability becomes available in Customer's
Service Area, Customer may request that its Phone number(s) be ported to another service provider. Upon such request, all amounts then
owed to Nextel (including damages for early termination and any amounts that appear on the final invoice) shall become immediately due
and payable, and Customer's failure to provide timely payment to Nextel could delay Nextel's facilitation of Customer's request.
5.
WIRELESS DATA SERVICES - Wireless Data Services consist of applications such as email, data, information and other
wireless Internet services ("Online Applications"). Customer acknowledges that no guarantee or assurance exists that the Online
Applications will be compatible, or, if currently compatible, will continue to be compatible, with Nextel's network or with Customer's
Equipment or Service. Nextel does not endorse any Online Application, even if currently compatible with Nextel's network or with
Customer's Equipment or Service. Nextel may, at any time in its sole discretion, disable or discontinue any Online Application for any
reason. Use of Wireless Data Services requires Internet compatible Equipment, and is subject to applicable storage, memory or other
Equipment limitations. Only certain Internet sites may be accessed by Customer, and certain Wireless Data Services may not be available
in all areas where Service is provided.
Last updated: 5/26/05
Nextel Connection Manager User Guide
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