Motorola i736 - Manual (Page 136)

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Nextel ® Terms and Conditions of Service
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 Online 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