Motorola I88s User Guide
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201 Nextel Terms and Conditions of Service the Equipment or receive a refund or any amounts paid and agrees to continue making payments as required under this Agreement until the Equipment sale price is paid in full. 6. NONPAYMENT/BREACH–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 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 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 may, at Company’s sole discretion, be required to 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 the Equipment is purchased on an installment basis, 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. 7. 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 other Equipment limitation. Only certain internet sites may be accessed, and certain Nextel Online Services may not be available in all Company Service areas. 8. 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. 9. CONTENT; 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”),andaccessedbyCustomerthroughNextelOnline Services. Company gives no guarantee or assurance as to the currency, accuracy,
202 nextel.com 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. 10. 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. If the Equipment is purchased on an installment basis, or on credit, Customer agrees to maintain, for the term of this Agreement, at its own expense, comprehensive public liability and property damage insurance with respect to its use of the Equipment in an amount not less than the replacement value of the Equipment, naming Company as co-insured, with all losses payable to Company. Certificates, evidencing proof of such policy and payment of premiums, shall be delivered to Company prior to delivery or installment of the Equipment. Customer shall prepay such premiums as required and shall furnish Company with proof of such payment at the beginning of the Payment Term and upon the expiration of any Certificate. Any and all amounts received by the Company under any such policy shall be applied by Company against the amount of the Equipment Sales Price and any related charges or fees secured hereby. Failure to provide or maintain the insurance required above is a breach of the Agreement for which the Company shall be entitled to exercise any remedies it may have under this Agreement. 11. PROPERTY DAMAGE INSURANCE–If Customer selects Direct Protect insurance protection, Company will remit the monthly charge for the insurance which 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. 12. TAXES, FEES, SURCHARGES & ASSESSMENTS–Customer is responsible for all federal, state, and local taxes, fees, surcharges, and other assessments (collectively, Charges) that are imposed on telecommunications services, other services, and equipment or that are measured by gross receipts from the sale of telecommunication services and/or equipment. Such Charges shall include, but are not limited to: excise taxes; sales and transaction taxes; utility taxes; regulatory fees and assessments; universal service assessments, telephone relay service (TRS) assessments; recoveries or similar charges. Customer shall be responsible for such Charges regardless of whether the Charge is imposed upon the sale of equipment or services, upon Customer, or upon Company. If any such Charge is determined to be applicable and has not been paid by Customer before Customer accepts delivery of equipment, Customer shall pay Company the full amount of any such Charge no later than ten (10) days after receipt of the invoice therefor. 13. 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.
203 Nextel Terms and Conditions of Service 14. 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; (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, war, unusually severe weather conditions or default of Company’s subcontractors w hether or not due to any such causes; or (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. 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 allowance not exceeding an amount equal to the proportionate charge to the Customer for the period of Service disruption. EXCEPT AS O THERWISE 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 CUSTOMER OR ANY THIRD PARTIES. 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. 15. 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. No amendment or addition to this Agreement shall be binding upon this 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 andconditionsinCustomer’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. 16. 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 the parties hereto. This Agreement shall be governed by the laws of the Commonwealth of Virginia.
204 nextel.com 17. NOTICE REGARDING USE OF SERVICE FOR 911 OR OTHER EMERGENCY CALLS–The Service provided hereunder does not interact with 911 and other emergency services in the same manner as landline telephone service. Depending on the circumstances of a particular call, the Service provided hereunder may not be able to identify your location to emergency services and you may not always be connected to the appropriate emergency services provider. Additionally, the provision of 911 or other emergency services may be conditioned on payment of amounts to the governmental authorities who implement or coordinate access to such services, and Customer agrees that Company may apportion and pass through such amounts to Customer, which shall be paid by Customer when due, in connection with Customer’saccesstosuch911orother emergency services, where available. CUSTOMER AGREES TO HOLD COMPANY HARMLESS AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, OR CAUSES OF ACTION (INCLUDING ALL ACTIONS BY THIRD PARTIES) ARISING OUT OF THE USE OR ATTEMPTED USE OF THE COMPANY’S SERVICE TO ACCESS 911 OR OTHER EMERGENCY SERVICES. 18. 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. 19.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 WAIVES, AS AGAINST COMPANY, ALL OTHER WARRANTIES, GUARANTEES, CONDITIONS, OR LIABILITIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE. IN NO EVENT SHALL COMPANY BE LIABLE FOR CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES, WHETHER OR NOT OCCASIONED BY COMPANY NEGLIGENCE AND INCLUDING, WITHOUT LIMITATION, LIABILITY FOR ANY LOSS OR DAMAGE RESULTING FROM THE INTERRUPTION OR FAILURE IN THE OPERATION OF ANY EQUIPMENT SOLD OR OTHERWISE PROVIDED HEREUNDER. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION CONTAINED HEREIN. CUSTOMER ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE EQUIPMENT. UNLESS OTHERWISE AGREED BY COMPANY, IF THE EQUIPMENT PROVES DEFECTIVE, THE COSTS OF ALL NECESSARY SERVICING AND REPAIR WILL BE BORNE BY CUSTOMER. 20. CERTAIN TERMS AND CONDITIONS REGARDING NEXTEL BUSINESS NETWORKS–There is no Group Call available on the Nextel Business Networks. There is no pooling of Nextel Direct Connect minutes between companies on the Nextel Business Networks. It is possible that participants on the Nextel Business Network could determine the private identification numbers of Customer’s units and be able to Private Call those units. It is also possible that users of Customer’s units could determine the
205 Nextel Terms and Conditions of Service private identification numbers of other Nextel Business Network participants and Private Call them. 21.NEXTEL ONLINE GOLD SERVICES - Nextel Online Gold Services are those Internet and data Services offered in conjunction with a Service plan using the suffix Gold; e.g. PacketStream Gold or PowerApps Gold. Company may charge an activation fee for each IP address for these Services. These services may be used only with mobile clients for Internet/intranetaccess and Internet e-mail via a standard HTML browser or proprietary client software for Public Wireless Web Service Providers and related mail clients. It may also be used with software for proxy applications, for dispatch applications, for POP3 email access, and for other use specifically approved by Nextel. These Internet and data Services may not be substituted for a private line or frame relay connection, or be used for streaming data feeds. Company reserves the right to deny service, without notice, to any Customer whose usage adversely impacts Company’s network, Systems or other subscribers’use of Services.
206 nextel.com Safety and General Information RF Operational Characteristics Your radio product contains a radio frequency transmitter to convey the information you wish to send as well as occasional automatic signals used to sustain connection to the wireless network, and a receiver which enables you to receive communication and connection information from the network. Portable Radio Product Operation and EME Exposure Your Motorola radio product is designed to comply with the following RF exposure standards and guidelines: United States Federal Communications Commission, Code of Federal Regulations; 47 CFR part 2 sub-part J American National Standards Institute (ANSI) / Institute of Electrical and Electronics Engineers (IEEE). C95. 1-1992 Institute of Electrical and Electronics Engineers (IEEE). C95. 1-1999 Edition International Commission on Non-Ionizing Radiation Protection (ICNIRP) 1998 Ministry of Health (Canada). Safety Code 6. Limits of Human Exposure to Radiofrequency Electromagnetic Fields in the Frequency Range from 3 kHz to 300 GHz, 1999. Australian Communications Authority Radiocommunications (Electromagnetic Radiation - Human Exposure) Standard 2001 ANATEL, Brasil Regulatory Authority, Resolution 256 (April 11, 2001) “additional requirements for SMR, cellular and PCS product certification.” To assure optimal radio product performance and make sure human exposure to radio frequency electromagnetic energy is within the guidelines set forth in the above standards, always adhere to the following procedures: IMPORTANT INFORMATION ON SAFE AND EFFICIENT OPERATION. READ THIS INFORMATION BEFORE USING YOUR INTEGRATED MULTI-SERVICE PORTABLE RADIO.
207 RF Operational Characteristics Phone Operation When placing or receiving a phone call, hold your radio product as you would a wireline telephone.Speak directly into the microphone. Two-way radio operation When using your radio product as a traditional two-way radio,hold the radio product in a vertical position with themicrophoneonetotwoinches(2.5to5cm)away from the lips. Body-worn operation To maintain compliance with FCC RF exposure guidelines, if you wear a radio product on your body when transmitting, always place the radio product ina Motorola approved clip, holder, holster, case or body harness for this product. Use of non-Motorola-approved accessories may exceed FCC RF exposure guidelines.If you do not use a Motorola approved body-worn accessory and are not using the radio product in the intended use positions along side the head in the phone mode or in front of the face in the two-way radio mode, then ensure the antenna and the radio product are kept the following minimum distances from the body when transmitting: Phone or Two-way radio mode: one inch (2.5 cm) Data operation using any data feature with or without an accessory cable: one inch (2.5 cm) Antenna Care Use only the supplied or an approved replacement antenna. Unauthorized antennas, modifications, or attachments could damage the radio product and may violate FCC regulations. DO NOT hold the antenna when the radio product is“IN USE”.Holding the antenna affects call quality and may cause the radio product to operate at a higher power level than needed.
208 nextel.com Approved Accessories For a list of approved Motorola accessories call 1-800-453-0920, visit our website at www.mot.com/iden or look in the accessory section of this manual. THIS MODEL PHONE MEETS THE GOVERNMENT’S REQUIREMENTS FOR EXPOSURE TO RADIO WAVES. Your wireless phone is a radio transmitter and receiver. It is designed and manufactured not to exceed the emission limits for exposure to radiofrequency (RF) energy set by the Federal Communications Commission of the U.S. Government. These limits are part of comprehensive guidelines and establish permitted levels of RF energy for the general population. The guidelines are based on standards that were developed by independent scientific organizations through periodic and thorough evaluation of scientific studies. The standards include a substantial safety margin designed to assure the safety of all persons, regardless of age and health. The exposure standard for wireless mobile phones employs a unit of measurement known as the Specific Absorption Rate, or SAR. The SAR limit set by the FCC is 1.6W/kg. *Te st s fo r S A R a r e conducted using standard operating positions reviewed by the FCC with the phone transmitting at its highest certified power level in all tested frequency bands. Although the SAR is determined at the highest certified power level, the actual SAR level of the phone while operating can be well below the maximum value. This is because the phone is designed to operate at multiple power levels so as to use only the power required to reach the network. In general, the closer you are to a wireless base station antenna, the lower the power output. Before a phone model is available for sale to the public, it must be tested and certified to the FCC that is does not exceed the limit established by the government-adopted requirement for safe exposure. The tests are performed in positions and locations (e.g., at the ear and worn on the body) as required by the FCC for each model. The highest SAR value for this model when tested for use at the ear is 1.15 W/kg and when tested on the body, as described in this user guide, is 0.71 W/kg during packet data transmission. (Body-worn measurements differ among phone models, depending upon available accessories and FCC requirements.) While there may be differences between the SAR levels of various phones and at various positions, they all meet the government requirement for safe exposure. The FCC has granted an Equipment Authorization for this model phone with all reported SAR levels evaluated as in compliance with the FCC RF exposure guidelines. SAR information on this model phone is on file with the FCC and can be found under the Display Grant section of http:// www.fcc.gov/oet/fccid after searching on FCC ID: AZ489FT5808. Additional information on Specific Absorption Rates (SAR) can be found on the Cellular Telecommunications Industry Association (CTIA) web-site at http://www.wow-com.com. ______________________________________ * In the United States and Canada, the SAR limit for mobile phones used by the public is 1.6 watts/kg (W/kg) averaged over one gram of tissue. The standard incorporates a substantial margin of safety to give additional protection for the public and to account for any variations in measurements.
209 Electro Magnetic Interference/Compatibility Electro Magnetic Interference/Compatibility NOTE: Nearly every electronic device is susceptible to electromagnetic interference (EMI) if inadequately shielded, designed or otherwise configured for electromagnetic compatibility. Facilities To avoid electromagnetic interference and/or compatibility conflicts, turn off your radio product in any facility where posted notices instruct you to do so. Hospitals or health care facilities may be using equipment that is sensitive to external RF energy. Aircraft When instructed to do so, turn off your radio product when on board an aircraft. Any use of a radio product must be in accordance with applicable regulations per airline crew instructions. Medical Devices Pacemakers The Advanced Medical Technology Association (AdvaMed) recommends that a minimum separation of 6 inches (15 cm) be maintained between a handheld wireless radio product and a pacemaker. These recommendations are consistent with those of the U.S. Food and Drug Administration. Persons with pacemakers should: ALWAYS keep the radio product more than 6 inches (15 cm) from their pacemaker when the radio product is turned ON. Not carry the radio product in a breast pocket. Use the ear opposite the pacemaker to minimize the potential for interference. Turn the radio product OFF immediately if you have any reason to suspect that interference is taking place. Hearing Aids Some digital wireless radio products may interfere with some hearing aids. In the event of such interference, you may want to consult your hearing aid manufacturer to discuss alternatives. Other Medical Devices If you use any other personal medical device, consult the manufacturer of your device to determine if it is adequately shielded from RF energy. Your physician may be able to assist you in obtaining this information.
210 nextel.com Use While Driving Check the laws and regulations on the use of radio products in the area where you drive. Always obey them. When using the radio product while driving, please: Give full attention to driving and to the road . Use hands-free operation, if available. Pull off the road and park before making or answering a call if driving conditions so require.