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Nextel Terms and Conditions of Service
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.
12. 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.
13. PROPERTY DAMAGE INSURANCE – If Customer selects Direct Protect insurance protection, Company
will remit the monthly charge for the insurance which appears on Customer’s bill to The Signal
Telecommunications Insurance Services (“Signal ”) on Customer’s behalf. Customer acknowledges that
insurance protection is offered by the Signal, not Company, and that any requests for information or claims
regarding the insurance shall be directed to Signal. Customer acknowledges having received a summary of
coverage, including deductible information, which is also available by calling Signal at 1-888-352-9182.
14. TAXES, FEES, SURCHARGES &ASSESSMENTS – Customer must pay all federal, state, and local taxes,
fees, surcharges, and other assessments (collectively, “Charges”) that are imposed on transactions subject to
this Agreement. Customer will be responsible for such charges regardless of whether the Charge is: (a) imposed
upon the sale of telecommunications services, other services, equipment, and/or other products; (b) measured
by gross receipts from sales made by Company to Customer; (c) imposed upon the Customer or upon the
Company;(d) imposed as a per-line or per-unit Charge. Such Charges include, but are not limited to: excise
taxes; sales and transaction taxes; gross receipts taxes, utility taxes; universal service assessments; telephone
relay service (TRS) assessments; and other regulatory fees and assessments. Customer shall not be responsible
for taxes imposed on Company’s net income. If Customer claims an exemption from any such Charge,
Customer must provide Company with valid and properly-executed documentation of such exemption before
such exemption shall become effective. Customer must provide Company with the Customer’s Primary Place
of Use of Company’s Service, as defined by Customer’s residential street address or primary business address.
15. COVERAGE AREA – Local Dispatch ((Direct Connect), cellular calling, Nextel Wireless Web Services,
and respective coverage areas for these Services are subject to change at any time at the sole discretion of
Company.
16. LIMITATION AND CONDITION OF LIABILITY;INDEMNITY – Company does not assume and shall
have no liability under the Agreement for (i) failure to deliver the Equipment within a specified time period; (ii)
availability and delays in delivery of the Equipment, or (iii) damage caused to the Equipment due directly or
indirectly to causes beyond the control of Company, including, but not limited to acts of God, acts of the public
enemy, acts of the government, acts or failure to act of the Customer, its agents, employees or subcontractors,
fires, floods, epidemics, quarantine restrictions, corrosive substances in the air or other hazardous
environmental conditions, strikes, freight embargoes, inability to obtain materials or services, commotion,
terrorism, war, unusually severe weather conditions or default of Company’s subcontractors whether or not due
to any such causes; (iv) the use of Nextel Online Services, including but not limited to the accuracy or utility of
any information acquired from the Internet through Nextel Online Services; or Internet Services, Content or
Applications whether or not supported by Company; or (v) any action Company takes in its sole discretion to
protect Company’s network, systems, and the rights or property of Company, its subscribers, or others from
“hacking,” “spamming,” “viruses ” or other acts of third parties that Company believes adversely impact its
network or systems. WITHOUT LIMITING THE FOREGOING, THE COMPANY’S SOLE LIABILITY
FOR SERVICE DISRUPTION, WHETHER CAUSED BY THE NEGLIGENCE OF THE COMPANY OR
OTHERWISE, IS LIMITED TO A CREDIT ALLOWANCE NOT EXCEEDING AN AMOUNT EQUAL TO
THE PROPORTIONATE CHARGE TO THE CUSTOMER FOR THE PERIOD OF SERVICE
DISRUPTION. EXCEPT AS OTHERWISE SET FORTH IN THE PRECEDING SENTENCE, IN NO
EVENT IS THE COMPANY LIABLE FOR ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR
OTHER INDIRECT DAMAGES CAUSED BY ITS NEGLIGENCE OR OTHERWISE, NOR FOR
ECONOMIC LOSS, PERSONAL INJURIES OR PROPERTY DAMAGES SUSTAINED BY THE
CUSTOMER OR ANY THIRD PARTIES. Customer agrees to indemnify, defend, and hold Company
harmless from any Customer violations of FCC rules and regulations or Customer violation of any statutes,
ordinances or laws of any local, state, or federal public authority.
17. COMPLETE AGREEMENT/SEVERABILITY/WAIVER – This Agreement sets forth all of the
agreements between the parties concerning the Service and purchase of the Equipment, and there are no oral or
written agreements between them other than as set forth in this Agreement. Except for changes made by
Company in accordance with Section 1 above, no amendment or addition to this Agreement shall be binding
upon Company unless it is in writing and signed by both parties (and, in the case of the Company, by an officer
of the Company). Company shall not be bound by the terms and conditions in Customer’s purchase order or
elsewhere, unless expressly agreed to in writing by an officer of the Company. This Agreement becomes