Motorola i305 User Manual

Page 105

return policy, if applicable, will be made available to
Customer at the place of sale and will become a
part of this 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. 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 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”
or other malicious code. Customer shall not