Nextel comm I760 User Manual

Page 170

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160

Nextel

®

Terms and Conditions of Service

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

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