Motorola I730 User Guide

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Nextel
®
Te r m s a n d
Conditions of Service
TERMS AND CONDITIONS OF SERVICE: This
Agreement starts when you open the inside
package of any phone or accessory equipment
(“Equipment”), you (“Customer”) received with this
Agreement, or when you call to activate Nextel
wireless communications services (“Service”), or
when you sign this Agreement, whichever applies.
By using the Equipment, 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 (the “Agreement”). Should
there be any conflict between the terms and
conditions below, and the terms and conditions of
any current Service/Subscriber Agreement between
Customer and Company covering the Equipment
accompanying this User’s Guide, the terms and
conditions of the current Service/Subscriber
Agreement will control.
1. USE OF SERVICE – By executing this
Agreement, Customer covenants that it shall comply
with all applicable laws, including without limitation
all Federal Communications Commission rules and
regulations. Customer will not use the Service for
any unlawful purpose. Customer will not use theService in aircraft or in motor vehicles where
prohibited by law, ordinance or regulation, as
applicable. Customer acknowledges and agrees
that all future purchases of Company Services and
Equipment by Customer shall be governed by the
terms and conditions contained herein unless
Customer and Company enter into a subsequent
Subscriber Agreement. Company may change this
Agreement at any time. Any changes are effective
when Company provides Customer with written
notice stating the effective date of the change(s). If
Customer elects to use the Services or make any
payment to Company on or after the effective date
of the changes, Customer is deemed to have
accepted the change(s). If Customer does not
accept the changes, Customer may terminate
Services as of the effective date by sending written
notice to Company at the address shown on
Customer’s bill. If Services are terminated before
the end of the current billing cycle, (i) no credit or
refund will be provided for unused airtime; and (ii)
any monthly recurring charge will not be prorated to
the date of termination.
2. TERM – The Service Term of this Agreement
shall be specified on the Subscriber Agreement
Form and shall commence as of the date hereof.
Thereafter, unless Customer or Company
terminates this Agreement as provided for herein,
this Agreement shall automatically renew on a
month-to-month basis. Notice of termination by 
						

							122Nextel
®Terms and Conditions of Service
Customer shall be made only in writing to Company
at the address shown on Customer’s bill. Company
reserves the right not to renew this Agreement at
any time prior to the conclusion of the Service Term
or any renewal term. Except for a Customer
termination in response to Company changes in
accordance with Section 1 above, a $200
cancellation fee per unit will be charged to Customer
for cancellation within the Service Term, if a one or
two year Service Term is selected on the Subscriber
Agreement. If Company permits Customer to
suspend Service to Customer’s account(s) for a
temporary period, Company may extend the term of
this Agreement by the length of the temporary
suspension. If Customer changes rate plans during
the Service Term of this Agreement, or upgrades
Equipment at any time, then Customer may be
required to start a new Service Term of up to 24
months as of the date of the change or upgrade and
maybesubjecttoatransferfee.
3. CREDIT APPLICATION – This Agreement shall
be contingent upon Company’s approval of
Customer’s credit application. Company may
require Customer to update its credit application or
information from time to time. Customer warrants
and represents that all information furnished on the
credit application is current, complete, accurate, and
true. If Company subsequently determines that any
statements made on the credit application are false,
incomplete or inaccurate, Company may declareCustomer to be in default under this Agreement and
may exercise any remedies it has under this
Agreement at law or in equity. Customer
understands that Company will rely upon the credit
information provided by Customer, including but not
limited to Customer’s social security number or tax
identification number, and other confidential and
personal financial and credit information requested
by Company and supplied by Customer, in making a
decision to provide Services. Customer consents to
Company’s requests for and verification of
Customer’s bank references and Company’s
performance of a credit history check utilizing
standard commercial credit reference services in
connection with Company’s review of the
Customer’s creditworthiness. Customer
acknowledges that Company may provide payment
history and other billing/charge information to a
credit-reporting agency for inclusion in Customer’s
records maintained by such credit-reporting agency.
Customer understands that a security deposit or
airtime usage limit may be required.
4. EQUIPMENT AND INSTALLATION – If the sale is
for cash only, title to the Equipment shall be
transferred to Customer upon receipt by Company
of a cashier’s or certified check or other equally
secure form of payment in the amount set forth on
the front of this Agreement. Company shall not be
liable to Customer for delays in delivery or
unavailability of Equipment or any part thereof or for 
						

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the cancellation of any orders of Equipment by the
manufacturer. Customer, at its option, may have the
Equipment installed by Company at the rate
specified on the front of this Agreement. If Customer
purchases the Equipment on credit or on an
installment basis, installations, repairs, and removal
of Equipment must be performed by a party
authorized by Company. Company shall not be
liable for any damage to Customer’s vehicle(s) or
Equipment that may result from installation of
Equipment by any person who is not employed by
Company. Customer shall not modify, disassemble,
de-install or alter the Equipment in any manner
whatsoever, except in accordance with the User
Guide accompanying the Equipment.
5. CUSTOMER RADIO EQUIPMENT – Company is
not responsible for the installation, operation, quality
of transmission, or, unless separate maintenance
arrangements have been made between Company
and Customer, maintenance of the Equipment. Any
change in Service or Equipment may require
additional programming or Equipment or changes to
assigned codes or numbers which may require
programming fees. Company reserves the right to
change or remove assigned codes and/or numbers
when such change is reasonably necessary in the
conduct of its business. Customer does not have
any proprietary interest in such codes or numbers.
Although Federal and state laws may make it illegal
for third parties to listen in on service, completeprivacy cannot be guaranteed. Company shall not
be liable to Customer or to any third party for any
eavesdropping on or interception of communications
from Company’s System.
6. NEXTEL ONLINE SERVICES – Nextel Online
Services, consisting of certain applications such as
email, data, information and other wireless internet
services (the “Applications ”) are part of the Services
that can be obtained through Company. Certain
Applications offered by Company or authorized third
parties may be compatible with the Equipment
and/or the Service offered by Company. Customer
acknowledges and agrees that there is no
guarantee or assurance that the Applications are
compatible, or will continue to be compatible, with
Company’s System or any of its Equipment or
Service offerings. Such compatibility or approval
from Company of compatibility shall not be
construed as an endorsement of a particular
Application or a commitment on the part of
Company that Application(s) will continue to be
compatible with the System, Equipment or Service
for any period of time. Company reserves the right,
in its sole discretion, to disable or discontinue any
Application for any reason. Use of Nextel Online
Services requires a wireless internet compatible
phone, and is subject to any storage, memory or 
						

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other Equipment limitation. Only certain internet
sites may be accessed, and certain Nextel Online
Services may not be available in all Company
Service areas.
7. APPLICATION CUSTOMER CARE AND
SUPPORT – Customer acknowledges and agrees
that in most cases, the developer of an Application
is responsible for providing customer care and
Application support to all customers using the
Application. In the event Customer contacts
Company Customer Care with a problem
concerning the use of an Application, Customer may
be referred to the Application developer’s customer
care, and Company shall have no obligation to
support such Application.
8. CONTENT; COMMUNICATIONS WITH
OTHERS; INTELLECTUAL PROPERTY RIGHTS –
Company is not a publisher of third party content
that Customer may from time to time access through
Nextel Online Services; therefore Company is not
responsible for the content provided by such third
parties, including but not limited to statements,
opinions, graphics, photos, music, services and
other information (“Content”), and accessed by
Customer through Nextel Online Services. Nor is
Company responsible for the actions of third parties
arising from a Customer’s contact with such third
parties via Nextel Online Services, whether such
contact is facilitated through Customer’s owninitiative or via an embedded link on the Equipment.
Company gives no guarantee or assurance as to the
currency, accuracy, completeness or utility of
Content obtained through Nextel Online Services.
Company, Content providers and others have
proprietary interests in certain Content. Customer
shall not, nor permit others, to reproduce, broadcast,
distribute, sell, publish, commercially exploit or
otherwise disseminate such Content in any manner
without the prior written consent of Company,
Content providers, or others with proprietary
interests in such Content, as applicable.
9. DEPOSITS – Customer shall provide Company
with a deposit towards the purchase of the
Equipment in the amount set forth on the front of this
agreement. Company also has the right, exercisable
in its sole discretion at any time or from time to time,
to require Customer to make a deposit to guarantee
payment of sums due hereunder, including Service
charges. Unless otherwise required by law, deposits
may be mixed with other funds and will not earn
interest. Customer hereby grants Company, as
applicable, a security interest in such deposits, to
secure the payment of all sums due hereunder as
well as the performance of all other payment
obligations Customer may have to the Company
whether now existing or hereafter arising. Upon
termination of Service, or upon the first billing cycle
after the twelfth month of service, whichever comes
first, Company may apply the deposit against any 
						

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outstanding Service charges of Customer or any
other amount owed to the Company. If Customer is
terminating the Agreement, any remaining balance
will be released to the Customer at the Customer’s
last known address within approximately 90 days. If
the Customer continues with the Agreement, any
credit balance remaining after the deposit is applied
will be applied to any amounts that may become
owing to the Company in the future except that, at
Customer’s request, amounts of $50 or more will be
released to the Customer at the latest address
known to Company within 30 days of the Customer
request. In all cases, Customer agrees that any
remaining balance will be retained by Company in
the event the postal service is unable to deliver the
funds to the Customer at the latest address known
to Company. Company reserves the right to
interrupt Services if Service appears to have
excessive charges, payments are delinquent, any
unusual calling patterns are observed on
Customer’s account, or during public safety
emergencies. Such interruption may be done to
protect Customer or Company as the Company
determines in its sole discretion, but in no event
shall the Company be liable to the Customer or to
any third party by reason of interrupting or failing to
cause an interruption of Service.10. RATES, CHARGES AND PAYMENT – The
price established for Service is set forth in the
current Company rate plan(s) selected by Customer.
Company shall issue invoices for Service. 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
as set forth on the front of this Agreement, and any
modifications thereto. If Customer elects to pay
using a Company-approved credit or debit card,
Customer hereby authorizes Company to charge the
credit or debit cards specified by Customer from
time to time on a recurring basis for all charges
incurred on the Company Account Numbers set
forth on Customer’s invoice. Customer (i) expressly
authorizes Company to charge Customer’s
designated credit or debit card account number(s)
for all fees and charges incurred; and (ii)
reauthorizes Company to charge such account
number each time services are used. Customer
shall promptly notify Company of any changes to the
credit or debit card or bank account used for
payment. Enrollment is for the duration of this
Agreement unless cancelled earlier by either party
with thirty (30) days advance written notice to the
other party. Customer acknowledges that
chargeable time for telephone calls and Nextel
Direct Connect call transmissions originated by a
unit begin when a connection is established with 
						

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Company facilities. A new Nextel Direct Connect call
is initiated by a call participant if that participant
responds more than six (6) seconds after the other
party finishes its Nextel Direct Connect
transmission. Customer accepts responsibility for
Airtime charges from incoming telephone calls to its
mobile unit from the time that Customer responds to
the call. If Customer disputes any Service charges,
Customer must pay the 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. Direct Connect, Group Connect, and
Nationwide Direct Connect charges are calculated
by multiplying the minutes of use, number of
participants, and applicable rate, to be paid by the
initiator. If Company determines that an error was
made on Customer’s invoice, Company shall credit
Customer’s account in the amount of the error. If
Customer does not pay the amount in dispute,
Company may exercise any remedies it may have
under this Agreement for non-payment of Service
charges. Company reserves the right to modify any
and all elements of the Service charges at any time
andeachsuchmodificationshallbeeffective
immediately upon the Company’s communication
thereof to Customer, unless the Company’s
communication indicates a later effective date with
respect to such modification. Payments which are
not received within thirty (30) days from the date of
the invoice shall be subject to late payment chargesas set forth in this Agreement. If the parties have
agreed that payments are to be made in
installments, or on credit, as indicated on the front of
this Agreement, Customer shall be responsible for
paying amounts due as agreed to in this Agreement.
If Customer does not make all payments when they
are due, such failure shall be a default under this
Agreement and Company shall be entitled to
exercise any remedies it may have under this
Agreement or at law or in equity. If the sale of the
Equipment is on a credit or installment basis and the
Customer accepts delivery of the Equipment, the
Customer may not return the Equipment or receive a
refund of any amounts paid and agrees to continue
making payments as required under this agreement
until the Equipment sale price is paid in full.
11. NONPAYMENT/BREACH – A late payment
charge of 1.5% (or the maximum interest rate
permitted by law) per month may be applied to
Customer’s account if monthly invoices are not paid
by the due date. The late payment charge is applied
to the total unpaid balance due and outstanding.
The late payment charge is for costs related to the
non-timely payment and shall not be deemed an
interest payment. A charge of $25.00 will be made
by Company for any check or negotiable instrument
tendered by Customer and returned unpaid by a
financial institution for any reason. Company may
demand payment by money order, cashier’s check,
or similarly secure form of payment, at Company’s 
						

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discretion at any time or from time to time. If
Company obtains the services of a collection or
repossession agency or an attorney to assist
Company in remedying Customer’s breach of this
Agreement, including but not limited to the
nonpayment for charges hereunder, Customer shall
be liable for this expense. Customer understands
that in the event of nonpayment of charges or any
other breach of the terms and conditions of this
Agreement, in addition to any other remedies
Company may have, Company may temporarily or
permanently terminate Service to Customer. If
Service is terminated and not reconnected within
thirty (30) days, all outstanding payments to be
made in installments are accelerated and
immediately due in full. If Company disconnects the
Service, Customer shall be liable to satisfy and
discharge all outstanding amounts due and pay a
reconnect charge of $25.00 per unit, in addition to
any advance payment of Service charges that may
be requested by the Company at its discretion,
before the Company will reactivate Service.
Company reserves the right to modify the terms of
Service as a precondition to reactivating Service. If
theEquipmentispurchasedonaninstallmentbasis,
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 that 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 
						

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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
COMPANY’S SOLE LIABILITY FOR SERVICE
DISRUPTION, WHETHER CAUSED BY THE
NEGLIGENCE OF THE COMPANY OR
OTHERWISE, IS LIMITED TO A CREDIT 
						

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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
CUSTOMERORANYTHIRDPARTIES.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 inCustomer’s purchase order or elsewhere, unless
expressly agreed to in writing by an officer of the
Company. This Agreement becomes effective when
accepted by the Company. Should any provision of
this Agreement be illegal or in contravention of the
law, such provision shall be considered null and void
but the remainder of this Agreement shall not be
affected thereby. The failure of Company at any time
to require the performance by Customer of the
provisions of this Agreement shall not affect in any
way the right to require such performances at any
later time nor shall the waiver by Company of a
breach of any provision hereof be taken or held to
be a waiver of compliance with or breach of any
other provision or a continuing waiver of such
provision.
18. ASSIGNMENT/RESALE/GOVERNING LAW –
This Agreement may be freely assigned by
Company to any successor of it or any other firm or
entity capable of performing its obligations
hereunder, and upon any such assignment,
Company shall be released from all obligations to
Customer. Customer may not assign this Agreement
or resell the services which are subject to this
Agreement without prior written consent of
Company. Subject to the restrictions contained
herein, this Agreement shall bind and inure to the
benefit of the successors and permitted assigns of 
						

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®Terms and Conditions of Service
the parties hereto. This Agreement shall be
governed by the laws of the State or Commonwealth
in which this Agreement is executed by the
Company.
19. NOTICE REGARDING USE OF SERVICE FOR
911 OR OTHER EMERGENCY CALLS - (a) The
Service provided hereunder does not interact with
911 and other emergency services in the same
manner as landline telephone service. Depending
on Customer’s location and the circumstances and
conditions of a particular call, the Service provided
hereunder may not be able to identify Customer’s
telephone number and/or location to emergency
services, and Customer may not always be
connected to the appropriate emergency services
provider. Company is deploying wireless Enhanced
911 (“E911 ”) service to help public safety
authorities locate Customers and other users of the
Service who make 911 calls. However, E911 is not
available in all areas, and even in those areas where
it is implemented, inherent limitations in this
advanced wireless technology prevent it from being
100% reliable. Accordingly, Company agrees to
provide Customer with E911 service where
available, and Customer acknowledges that E911
service is not available in all areas and is not
completely reliable. (b) Customer hereby consents
to Company’s disclosure of Customer information,
including but not limited to Customer name,
address, telephone number, and location, togovernmental and quasi-governmental institutions
such as emergency service providers and law
enforcement agencies, where Company deems it
necessary to respond to an exigent circumstance.
20. NO WARRANTY (SERVICE) – COMPANY
MAKES NO WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION,
ANY IMPLIED WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE TO CUSTOMER IN
CONNECTION WITH ITS USE OF THE SERVICE.
IN NO EVENT SHALL COMPANY BE LIABLE FOR
INCIDENTAL, CONSEQUENTIAL OR OTHER
INDIRECT DAMAGES TO THE FULL EXTENT THE
SAME MAY BE DISCLAIMED BY LAW.
CUSTOMER ACKNOWLEDGES THAT SERVICE
INTERRUPTIONS WILL OCCUR FROM TIME TO
TIME, AND AGREES TO HOLD COMPANY
HARMLESS FOR ALL SUCH INTERRUPTIONS.
21. NO WARRANTY (EQUIPMENT) – COMPANY
MAKES NO WARRANTIES OR
REPRESENTATIONS OF ANY KIND,
STATUTORY, EXPRESS OR IMPLIED, TO
CUSTOMER OR TO ANY OTHER PURCHASER
OF THIS EQUIPMENT. WITHOUT LIMITING THE
FOREGOING, COMPANY SPECIFICALLY MAKES
NO EXPRESS OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. CUSTOMER HEREBY