Nextel i90c User Guide
193
Nextel Terms and Conditions of Service
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.
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
private identification numbers of other Nextel Business Network participants and Private
Call them.
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
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/intranet access 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.
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/intranet access 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.