Motorola I860 User Guide - Page 163

IN ITS SOLE DISCRETION, MODIFY ANY OF, Agreement. Nextel may extend the Minimum Term

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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 until the Agreement is terminated by either Nextel or Customer upon thirty (30) days prior notice. 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 (or such longer period as may be authorized by Nextel) 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 access to the Service or any account on the Service, use the Service to infringe the copyright of another, or upload or transmit any "virus", "worm" 153

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153
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 until the Agreement is
terminated by either Nextel or Customer upon thirty
(30) days prior notice. 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 (or such longer period as may
be authorized by Nextel) 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
access to the Service or any account on the
Service, use the Service to infringe the copyright of
another, or upload or transmit any "virus", "worm"