Motorola I830 User Guide

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government mandated, but is collected to recover
Nextels costs for complying with Federal
Communications Commission (FCC) programs
and mandates. The FPCR fee is subject to
adjustment, and Nextel will provide advance notice
to Customer through the Nextel News section of
Customers bill or a bill insert of any significant
increase in the FPCR fee. Please consult the
current Nextel pricing materials, a sales consultant
or visit http://www.Nextel.com for information
regarding the FPCR fee and the current...

134Nextel
®Terms and Conditions of Service
the full amount due under this Agreement, plus any
additional amounts charged under this paragraph.
If Nextel obtains the services of a collection or
repossession agency or an attorney to assist in
remedying any breach of this Agreement by
Customer, including but not limited to, Customers
nonpayment of charges, Customer shall be liable
for this expense.
Disputed Charges - Customer may dispute only
those charges that Customer believes are the
result of (1) a...

135
allotted Services and any monthly service charge
will not be prorated to the date of termination. On
occasion, Customer may be billed for Services in a
month other than the month in which Customer
used the Service. The creation of new cell sites,
Nextels implementation of new billing technology,
delays in the reporting of international or other
roaming charges between carriers, and other
similar events may result in such delayed billing.
Nextel may bill Customer on behalf of third party
providers of...

136Nextel
®Terms and Conditions of Service
under this Agreement; (2) Customer behaves in an
abusive, derogatory, or otherwise unreasonable
manner to any Nextel employee, representative or
agent; (3) Nextel has reason to believe that
Customers Service is being used in a fraudulent
manner or for an illegal purpose (such as unusual
activity levels or calling patterns); (4) Customers
Service is being used in a way that adversely
affects other Customers Service or Nextels
business operations; (5) Customer...

137
CUSTOMER OR TO ANY THIRD PARTY FOR
EAVESDROPPING ON OR INTERCEPTION OF
COMMUNICATIONS MADE WHILE USING THE
SERVICE OR THE EQUIPMENT.
911 or Other Emergency Calls - The Service does
not interact with 911 and other emergency services
in the same manner as non-wireless or landline
telephone services. Depending on Customers
location, the type of Equipment being used, the
type of equipment being utilized by any applicable
emergency services provider, and the
circumstances and conditions of a particular...

138Nextel
®Terms and Conditions of Service
retaining the same phone number; (4) list
Customers contact information (e.g., name,
address, and Number) in a telephone or subscriber
directory, or include such information in a directory
assistance service; (5) provide handset-based or
network-based geographic information services via
Nextel-provided or third party software
Applications; (6) comply with applicable law; or (7)
respond to emergencies. Customer acknowledges
that any information that identifies...

139
will not support services provided by other wireless
carriers, except for those services provided by an
entity operating compatible iDEN equipment or in
connection with roaming to certain countries
outside of the United States. NEXTEL SHALL NOT
BE LIABLE FOR ANY DAMAGES (INCLUDING
DA MA GE TO THE E QU IPMENT) RESULTIN G
FROM INSTALLATION OF THE EQUIPMENT BY
CUSTOMERORANYTHIRDPARTY.UPON
CUSTOMERS ACCEPTANCE OF DELIVERY OF
THE EQUIPMENT, ALL RISK OF LOSS,
DAMAGE, THEFT, OR DESTRUCTION TO THE
EQUIPMENT...

140Nextel
®Terms and Conditions of Service
ANY NEXTEL EMPLOYEES, AGENTS OR
REPRESENTATIVES, ARE PROVIDED FOR
INFORMATIONAL PURPOSES ONLY AND NOT
AS WARRANTIES BY NEXTEL OF ANY KIND.
CUSTOMER ASSUMES ALL RESPONSIBILITY
FOR USE OF THE SERVICE AND THE QUALITY
AND PERFORMANCE OF THE EQUIPMENT.
CUSTOMER ACKNOWLEDGES THAT SERVICE
MAY NOT BE ERROR-FREE AND THAT
INTERRUPTIONS WILL LIKELY OCCUR FROM
TIME TO TIME. NEXTEL DOES NOT
MANUFACTURE THE EQUIPMENT AND ANY
STATEMENT REGARDING THE EQUIPMENT
SHOULD NOT BE...

141
WITHOUT LIMITING THE FOREGOING,
NEXTELS SOLE LIABILITY FOR SERVICE
DISRUPTION, WHETHER CAUSED BY THE
NEGLIGENCE OF NEXTEL OR OTHERWISE, IS
LIMITED TO A CREDIT ALLOWANCE OF NOT
MORE THAN THE PROPORTIONATE CHARGE
TO CUSTOMER FOR THE PERIOD OF SERVICE
DISRUPTION. EXCEPT AS OTHERWISE SET
FORTH IN THE PRECEDING SENTENCE, IN NO
EVENT SHALL NEXTEL BE LIABLE FOR
ACTUAL DAMAGES OR FOR CONSEQUENTIAL,
INCIDENTAL, SPECIAL OR OTHER INDIRECT
DAMAGES CAUSED BY ITS NEGLIGENCE OR
OTHERWISE, NOR FOR ECONOMIC LOSS,...

142Nextel
®Terms and Conditions of Service
AND CLASS ACTIONS. CUSTOMER SHOULD
READ THIS SECTION CAREFULLY;
ARBITRATION IS FINAL, BINDING AND
SUBJECT TO ONLY VERY LIMITED REVIEW BY
A COURT.THIS SECTION GOVERNING
DISPUTES SHALL SURVIVE TERMINATION OF
THIS AGREEMENT.
Mandatory Arbitration - CUSTOMER AND
NEXTEL AGREE TO ARBITRATE ANY CLAIM,
CONTROVERSY OR DISPUTE ARISING UNDER
OR RELATED TO THIS AGREEMENT OR ANY
EQUIPMENT USED IN CONNECTION WITH THE
SERVICE (OR ANY PRIOR ORAL OR WRITTEN
AGREEMENT FOR...