Motorola I730 User Guide - Page 138

Customer's Primary Place of Use of Company's, COVERAGE AREA - Local Dispatch Direct

Page 138 highlights

Nextel® Terms and Conditions of Service 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; 128 (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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128
Nextel
®
Terms and Conditions of Service
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