Nextel iM240 User Manual page 76

Nextel Connection Manager User Guide
Content - Customer may, from time to time, access through Wireless Data Services statements, opinions, graphics, photos, music,
services and other information ("Content"), including Content provided by third parties. Customer acknowledges that Nextel offers no
guarantee or assurance regarding the accuracy, completeness, appropriateness or utility of the Content. Customer also acknowledges
that Nextel does not publish and is in no way responsible for any Content that is provided by third parties. Customer also may establish
contact with third parties through Wireless Data Services. Nextel is not responsible for the actions of third parties contacted by Customer,
whether such contact was initiated by Customer or was brought about through an embedded link on the Equipment. Content providers
and others have copyright and other proprietary interests in certain Content. Customer shall not, and will not permit others, to reverse
engineer, reproduce, broadcast, distribute, sell, publish, commercially exploit or otherwise disseminate any Content in any manner without
the prior written consent of Nextel, the Content providers, or others with proprietary interests in such Content, as applicable. Customer's
use of the Content is strictly limited to the Customer's own use solely in connection with the Equipment. Customer will be required to cease
using the Content if Customer fails to comply with this Section 5 or any part of this Agreement.
Network Security - Nextel may take any action that it deems necessary to (1) protect its network, its rights or the rights of its customers and
third parties; or (2) optimize or improve its network, its Services and the Equipment. Customer acknowledges that such action may
include, without limitation, employing methods, technologies, or procedures to filter or block messages sent through Wireless Data
Services. Nextel may, in its sole and absolute discretion, at any time, filter "spam" or prevent "hacking," "viruses" or other potential harms
without regard to any Customer preference.
Application Support - Nextel is often not the developer of Online Applications that are accessible through Wireless Data Services.
Therefore, if Customer contacts Nextel's Customer Care department regarding use of an Online Application, Customer may be referred to
the customer care department of the developer of the Online Application, and Nextel shall not be obligated to support any such Online
Application.
6. SERVICE AVAILABILITY - Service is generally available to Customer when Customer is within the operating range of the Nextel
network or within the range of a provider with which Nextel has a reciprocal service arrangement ("Service Area"). Customer
acknowledges that any map, diagram or other illustration of Customer's Service Area is only an estimate and actual service coverage may
vary. CUSTOMER'S SERVICE AREA IS SUBJECT TO CHANGE AT ANY TIME IN NEXTEL'S SOLE DISCRETION. Service quality and
availability within Customer's Service Area is also affected by conditions Nextel does not control, including the Equipment, problems
associated with interconnecting carriers, power failures, "viruses", obstructions such as buildings or trees, tunnels, atmospheric,
geographic or topographical conditions and other conditions. Service also may be limited or temporarily unavailable due to system
capacity limitations or system repairs or modifications. Nextel also may be required during public safety emergencies or when system
capacity is otherwise limited to limit access to the Nextel network for those customers that are not then using the Service and connected to
the network in order to facilitate communications by public safety organizations such as police and fire departments. In this event,
customers that have priority access Service as part of their Service Plan will be given access to the Nextel network before Nextel's non-
priority access customers. Nextel will not complete calls to 900, 976 or similar numbers for pay-per-call services. Caller identification
information may not be available for all incoming calls. International calling may be blocked.
7. RATES AND CHARGES - Customer shall pay in full all charges for Services provided under this Agreement and any Service
Plan that becomes part of this Agreement, including monthly service charges, usage charges, taxes, assessments and any additional fees
or charges imposed on Customer or on Nextel and associated with the Service or the Equipment. Customer is responsible for all charges
or purchases associated with Customer's Number and Equipment whether or not Customer was the user of the Service or authorized its
use. If Customer fails to pay any amounts when due under this Agreement, Customer shall be in default and Nextel shall be entitled to
exercise any remedies available to it under this Agreement or at law or in equity.
Service Charges - Customer shall pay all charges for Services selected by Customer as part of Customer's Service Plan, and any
additional Services selected by Customer. Customer's Service Plan will be offered at the rates and subject to the conditions set forth in the
Service Plan Information provided to Customer at the time of sale. CUSTOMER'S SERVICE PLAN INFORMATION SHALL BE
CONSIDERED PART OF THIS AGREEMENT. Rates charged to Customer include monthly access charges and may include activation
and other fees associated with features such as voicemail and caller identification. Monthly access charges shall begin once Customer's
Service is activated, which may occur before Customer receives the Equipment.
Usage Charges - Depending on the Service Plan selected, Customer may incur usage charges for Services such as: wireless calling,
Direct Connect , Nationwide Direct Connect
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to time. Usage charges may vary depending on how, where and when Customer uses the Service. Customer may be assessed long
distance charges (including international calling) or other charges for "toll-free" calls to 800, 866, 877, 888 and other toll-free numbers.
Customer also may be charged for the use of special Services such as 411 services, operator-assisted calls or call-forwarding. Airtime
charges will be assessed for the entire period during which a call or Direct Connect
wireless call connection begins approximately when Customer presses the button to initiate an outgoing call or the phone starts ringing for
an incoming call and ends approximately when the first party terminates the call. Customer shall be responsible for all charges for
incoming and outgoing wireless calls that are answered. A Direct Connect
Customer presses the button to initiate a transmission and ends approximately six (6) seconds after completion of a communication (i.e.,
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, Group Connect , Wireless Data Services and other Services that may be offered from time
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transmission is connected to the Nextel network. A
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or Group Connect transmission occurs approximately when
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Last updated: 5/26/05