Terms and conditions of service – Motorola i1000plus User Manual

Page 81

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i1000plus User’s Guide

76

TERMS AND CONDITIONS OF SERVICE

TERMS AND CONDITIONS OF SERVICE: Before calling the Nextel Customer Service
Activation Number contained in these materials, you (“Customer”) must read and agree to
the following terms and conditions of Nextel wireless telephone service (“Service”). By
calling to activate service, Customer applies and subscribes for Services provided by
Nextel (the “Company”) and confirms that Customer has read, understands, agrees to and
accepts the terms and conditions stated herein. Customer understands that Company will
rely upon the information provided by Customer including credit information, in making a
decision to provide Services. Customer understands that Company may request and verify
Customer’s bank references and perform a credit history check utilizing standard
commercial credit reference services in connection with Company’s review of the
Customer’s credit worthiness. Customer understands that a security deposit or air time
usage limit may be required.

1. USE OF SERVICE — Customer must comply with all FCC rules and regulations.
Customer will not use the Service for any unlawful purpose. Customer will not use the
Service in aircraft.

2. CREDIT APPLICATION — This Agreement shall be contingent upon Company’s
approval of Customer’s credit. Company may require Customer to update credit
information from time to time. Customer warrants and represents that all credit
information furnished is complete, accurate and true. If Company subsequently
determines that any statements regarding Customer’s credit are false, incomplete or
inaccurate, Company may declare Customer to be in default and may exercise any
remedies it has under these Terms and Conditions of Service and at law or in equity.

3. CUSTOMER RADIO EQUIPMENT — Company is not responsible for the
installation, operation, quality of transmission or maintenance of the equipment. Company
reserves the right to change or remove assigned codes and/or telephone numbers when
such change is reasonably necessary in the conduct of its business. Customer does not
have any proprietary interest in such codes or telephone numbers. Federal and state laws
make it illegal for third parties to listen in on service, however complete privacy cannot be
guaranteed.

4. SECURITY DEPOSITS — Company has the right, in its sole discretion, to require
Customer to make a deposit to guarantee payment of Service charges. Customer grants
Company a security interest in such deposits, to secure the payment of all sums due
thereunder as well as the performance of all other obligations Customer may have to the
Company whether now existing or hereafter arising. Upon termination of Service,
Company may apply the deposit against any outstanding Service charges of Customer or
any other amount owed to Company. Company reserves the right to interrupt services if
service appears to have excessive charges 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.

5. RATES, CHARGES AND PAYMENTS — Company shall issue invoices for Service
on a monthly basis which are due and payable upon receipt. Monthly Access Charges shall
be invoiced in advance. Airtime and long-distance charges shall be invoiced in arrears.
Customer is responsible to pay Company on a timely basis, for charges for Service
payments as set forth on the Company’s then-current rate plans, and any modifications
thereto. Customer acknowledges that chargeable time for telephone calls originated by a
unit begins when a connection is established with Company facilities. Customer accepts
responsibility for Airtime charges from invoicing telephone calls to its mobile unit from
the time that Customer responds to the call. If Customer disputes any Service charges,
Customer must pay entire amount set forth in the invoice by the due date and submit a
written explanation within forty-five (45) days from the date on the invoice. If Company

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