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Terms and Conditions

Terms and Conditions

Subscriber Agreement: General Terms and Conditions Page: of

Customer Name:
IT IS IMPORTANT THAT YOU READ THIS ENTIRE
AGREEMENT CAREFULLY. This wireless service
agreement (the “Agreement”), consisting of the
attached Customer Expectations Checklist, these
General Terms and Conditions, Plan Information, and
the Customer Order, is an agreement between you
individually or, if a business, your business entity or
corporation (“Customer”), and the Nextel local
operating affiliate authorized to provide service in the
geographic region in which Customer's billing address
is located (“Nextel”). These services may include, but
are not limited to, wireless calling, Direct ConnectTM
walkie-talkie services, Nationwide Direct ConnectTM
walkie-talkie services, Group ConnectSM walkie-talkie
services, wireless web services including email
services (“Nextel Online® Services”), mobile messaging
services including two-way messaging and SMS
services (“Mobile Messaging”) and other related
services and features. Together, the services selected
by Customer make up Customer's “Service Plan” and
are collectively referred to in this Agreement as the
“Service” provided to Customer. Service is accessible
to Customer through the telephone, data, email or
messaging code or number(s) or email address(es)
(collectively, the “Number(s)”) assigned to Customer's
account. This Agreement also governs the purchase
and or use of Customer's cellular phone (“Phone”),
BlackBerry®, radio equipment and all other related
equipment or devices and the software applications
loaded on any of the same used in connection with the
Service (“Equipment”). This Agreement governs the
entire relationship between Customer and Nextel and
supersedes all earlier versions of any agreement
between Customer and Nextel. Customer
acknowledges receipt of detailed information (“Plan
Information”) for each Service selected by Customer.
ALL PLAN INFORMATION IS MADE PART OF THIS
AGREEMENT AND SHOULD BE CAREFULLY
REVIEWED BY CUSTOMER. If Plan Information
conflicts with this Agreement, this Agreement shall
govern. IN CONSIDERATION OF THE PAYMENTS

Account Name:
AND THE MUTUAL COVENANTS AND CONDITIONS
SET FORTH IN THIS AGREEMENT, NEXTEL AND
CUSTOMER AGREE AS FOLLOWS:
1. ACCEPTANCE OF THIS AGREEMENT - Customer
will have accepted and be bound by this Agreement if
Customer (1) provides Nextel with a written or
electronic signature; (2) otherwise indicates
electronically that Customer accepts; or (3) activates
Service through the Equipment.
Creditworthiness of Customer - Customer must
complete a credit application (“Credit Application”)
before Service may be provided to Customer. THIS
AGREEMENT SHALL NOT BE EFFECTIVE UNTIL
NEXTEL APPROVES CUSTOMER'S CREDIT
APPLICATION AND OTHERWISE ACCEPTS THE
AGREEMENT. Customer acknowledges that Nextel
will rely on the credit information furnished by
Customer (“Credit Information”) and Customer's credit
history to determine whether to provide Service to
Customer. Customer consents to Nextel's requests for
and verification of Customer's bank references and
authorizes Nextel to assess Customer's
creditworthiness from time to time by contacting
standard commercial credit reference services.
Customer represents and warrants that all Credit
Information is current, complete and accurate. Nextel
may require Customer to update its Credit Information
from time to time, and Customer agrees to notify
Nextel immediately of any change to its Credit
Information. NEXTEL MAY, AT ANY TIME,
TERMINATE THE SERVICE OF ANY CUSTOMER
THAT DOES NOT PROVIDE CURRENT, COMPLETE
AND ACCURATE CREDIT INFORMATION. Nextel
may, at any time in its sole discretion, place
restrictions on Customer's use of Service, including but
not limited to, a limitation on the amount of charges
Customer may incur with respect to any Number. In
this event, Nextel shall provide reasonable notice to
Customer. Customer acknowledges that Nextel may
provide Customer's payment history and other
billing/charge information regarding the Service or

Equipment to any credit reporting agency or industry
clearinghouse.
Deposits - Nextel may, at any time in its sole
discretion, require a deposit (“Deposit”) from Customer
to be held as a guarantee of payment. Customer
grants to Nextel a security interest in any Deposit to
secure all current or future amounts owed to Nextel.
The Deposit may be mixed with other funds and will
not earn interest, except as required by applicable law.
Customer may not use the Deposit to pay Customer's
bills or to extend payment. Nextel may, at any time,
determine that Customer's Deposit is insufficient and,
upon notice to Customer, require an increase in the
Deposit to the extent permitted by law. In this event,
Customer must either furnish the increased Deposit to
Nextel within a reasonable time of its receipt of notice
or terminate the Agreement during this period without
incurring any liability for early termination. If Customer
does not furnish Nextel with the increased Deposit
amount or terminate the Agreement and pay to Nextel
all amounts Customer owes to Nextel in a timely
manner, Nextel may terminate the Agreement and
Customer shall be liable to Nextel for early termination
in accordance with Section 7 below. Nextel will apply
the Deposit against any amount owed to Nextel at the
end of the first billing cycle following the date that is
one year from when Nextel received the deposit
(“Application Date”), or, if earlier, upon termination of
the Agreement or such other time as required by law.
Nextel will return the Deposit (or any remaining
balance) to Customer within ninety (90) days (or such
shorter period as may be required by law) after
termination of the Agreement. After the Application
Date and upon Customer's request, Nextel will return
to Customer within thirty (30) days of such request any
balance remaining on the Deposit. Deposits will be
returned to Customer, in whole or in part, at
Customer's last known address. If required by law,
Nextel will forward to appropriate state authorities any
remaining balance that the postal service is unable to
deliver to Customer.

2. AGREEMENT TERM - The term of this Agreement
for each Number is set forth on the Customer Order
section of this Agreement (as acknowledged by
Customer) and shall begin on the date Customer
accepts the Agreement in accordance with Section 1
above, and, except as provided elsewhere in this
Agreement, shall end thirty (30) days after either Nextel
or Customer gives notice of its intent to terminate.
CUSTOMER MAY BE REQUIRED TO COMMIT TO A
FIXED ONE OR TWO-YEAR MINIMUM TERM
(“MINIMUM TERM”), DEPENDING ON THE SERVICE
PLAN SELECTED BY CUSTOMER. IF CUSTOMER
SELECTS A SERVICE PLAN OR FEATURE OR
PARTICIPATES IN A PROMOTION THAT REQUIRES
A MINIMUM TERM, CUSTOMER SHALL PURCHASE
SERVICE FOR THE FULL TERM AND, UNLESS
OTHERWISE PROVIDED IN THIS AGREEMENT, PAY
DAMAGES TO NEXTEL (AS DISCUSSED IN
SECTION 7 BELOW) IF THE AGREEMENT IS
TERMINATED BEFORE COMPLETION OF THE
MINIMUM TERM. CUSTOMER MAY BE REQUIRED
TO COMMIT TO A NEW MINIMUM TERM IF
CUSTOMER CHANGES SERVICE PLANS,
PARTICIPATES IN A PROMOTION, OR UPGRADES
EQUIPMENT DURING ANY EXISTING TERM OR
MINIMUM TERM. Customer will not be liable to Nextel
for early termination if service is terminated under the
applicable return policy. Information about Nextel's
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 modify, disassemble, deinstall or alter the
Equipment in any manner, except in accordance with
the use instructions accompanying the Equipment.
Customer may not resell or lease the Service or the

Equipment to any other person or party.
Change in Service/Number - Any change in the Service
or the Equipment may require additional programming
or Equipment or changes to Numbers assigned to
Customer. CUSTOMER MAY BE ASSESSED A
PROGRAMMING FEE IN CONNECTION WITH ANY
CHANGE REQUESTED BY CUSTOMER. Nextel may,
at any time, change or remove any Number assigned to
Customer when such change is reasonably necessary
in the conduct of Nextel's business. Customer
acknowledges that Customer has no proprietary or
ownership rights or interest in Customer's Number(s)
and cannot acquire such rights or interest through
usage, publication or otherwise. Customer may not
assign its Number to any other Equipment and shall not
program any other Number into its Equipment. If
wireless number portability becomes available in
Customer's Service Area, Customer may request that
its Phone number(s) be ported to another service
provider. Upon such request, all amounts then owed to
Nextel (including damages for early termination and any
amounts that appear on the final invoice) shall become
immediately due and payable, and Customer's failure to
provide timely payment to Nextel could delay Nextel's
facilitation of Customer's request.
5. NEXTEL ONLINE® SERVICES - Nextel Online®
Services consist of applications such as email, data,
information and other wireless Internet services (“Online
Applications”). Customer acknowledges that no
guarantee or assurance exists that the Online
Applications will be compatible, or, if currently
compatible, will continue to be compatible, with Nextel's
network or with Customer's Equipment or Service.
Nextel does not endorse any Online Application, even if
currently compatible with Nextel's network or with
Customer's Equipment or Service. Nextel may, at any
time in its sole discretion, disable or discontinue any
Online Application for any reason. Use of Nextel
Online® Services requires Internet compatible
Equipment, and is subject to applicable storage,
memory or other Equipment limitations. Only certain
Internet sites may be accessed by Customer, and
certain Nextel Online® Services may not be available in
all areas where Service is provided.

Content - Customer may, from time to time, access
through Nextel Online® Services statements, opinions,
graphics, photos, music, services and other information
(“Content”), including Content provided by third parties.
Customer acknowledges that Nextel offers no
guarantee or assurance regarding the accuracy,
completeness, appropriateness or utility of the Content.
Customer also acknowledges that Nextel does not
publish and is in no way responsible for any Content
that is provided by third parties. Customer also may
establish contact with third parties through Nextel
Online® Services. Nextel is not responsible for the
actions of third parties contacted by Customer, whether
such contact was initiated by Customer or was brought
about through an embedded link on the Equipment.
Content providers and others have copyright and other
proprietary interests in certain Content. Customer shall
not, and will not permit others, to reverse engineer,
reproduce, broadcast, distribute, sell, publish,
commercially exploit or otherwise disseminate any
Content in any manner without the prior written consent
of Nextel, the Content providers, or others with
proprietary interests in such Content, as applicable.
Customer's use of the Content is strictly limited to the
Customer's own use solely in connection with the
Equipment. Customer will be required to cease using
the Content if Customer fails to comply with this Section
5 or any part of this Agreement.
Network Security - Nextel may take any action that it
deems necessary to (1) protect its network, its rights or
the rights of its customers and third parties; or (2)
optimize or improve its network, its Services and the
Equipment. Customer acknowledges that such action
may include, without limitation, employing methods,
technologies, or procedures to filter or block messages
sent through Nextel Online® Services. Nextel may, in its
sole and absolute discretion, at any time, filter “spam” or
prevent “hacking,” “viruses” or other potential harms
without regard to any Customer preference.
Application Support - Nextel is often not the developer
of Online Applications that are accessible through
Nextel Online® Services. Therefore, if Customer
contacts Nextel's Customer Care department regarding
use of an Online Application, Customer may be referred

to the customer care department of the developer of the
Online Application, and Nextel shall not be obligated to
support any such Online Application.
6. SERVICE AVAILABILITY - SERVICE IS
GENERALLY AVAILABLE TO CUSTOMER WHEN
CUSTOMER IS WITHIN THE OPERATING RANGE OF
THE NEXTEL NETWORK OR WITHIN THE RANGE
OF A PROVIDER WITH WHICH NEXTEL HAS A
RECIPROCAL SERVICE ARRANGEMENT (“SERVICE
AREA”). CUSTOMER ACKNOWLEDGES THAT ANY
MAP, DIAGRAM OR OTHER ILLUSTRATION OF
CUSTOMER'S SERVICE AREA IS ONLY AN
ESTIMATE AND ACTUAL SERVICE COVERAGE MAY
VARY. CUSTOMER'S SERVICE AREA IS SUBJECT
TO CHANGE AT ANY TIME IN NEXTEL'S SOLE
DISCRETION. Service quality and availability within
Customer's Service Area is also affected by conditions
Nextel does not control, including the Equipment,
problems associated with interconnecting carriers,
power failures, “viruses”, obstructions such as buildings
or trees, tunnels, atmospheric, geographic or
topographical conditions and other conditions. Service
also may be limited or temporarily unavailable due to
system capacity limitations or system repairs or
modifications. Nextel also may be required during
public safety emergencies or when system capacity is
otherwise limited to limit access to the Nextel network
for those customers that are not then using the Service
and connected to the network in order to facilitate
communications by public safety organizations such as
police and fire departments. In this event, customers
that have priority access Service as part of their Service
Plan will be given access to the Nextel network before
Nextel's non-priority access customers. Nextel will not
complete calls to 900, 976 or similar numbers for
pay-per-call services. Caller identification information
may not be available for all incoming calls. International
calling may be blocked.
7. RATES AND CHARGES - Customer shall pay in full
all charges for Services provided under this Agreement
and any Service Plan that becomes part of this
Agreement, including monthly service charges, usage
charges, taxes, assessments and any additional fees or
charges imposed on Customer or on Nextel and

associated with the Service or the Equipment.
Customer is responsible for all charges or purchases
associated with Customer's Number and Equipment
whether or not Customer was the user of the Service or
authorized its use. If Customer fails to pay any
amounts when due under this Agreement, Customer
shall be in default and Nextel shall be entitled to
exercise any remedies available to it under this
Agreement or at law or in equity.
Service Charges - Customer shall pay all charges for
Services selected by Customer as indicated on the
Customer Order section of this Agreement as part of
Customer's Service Plan, and any additional Services
selected by Customer. Customer's Service Plan will be
offered at the rates and subject to the conditions set
forth in the Service Plan Information provided to
Customer at the time of sale. CUSTOMER'S SERVICE
PLAN INFORMATION SHALL BE CONSIDERED PART
OF THIS AGREEMENT. RATES CHARGED TO
CUSTOMER INCLUDE MONTHLY ACCESS
CHARGES AND MAY INCLUDE ACTIVATION AND
OTHER FEES ASSOCIATED WITH FEATURES SUCH
AS VOICEMAIL AND CALLER IDENTIFICATION.
MONTHLY ACCESS CHARGES SHALL BEGIN ONCE
CUSTOMER'S SERVICE IS ACTIVATED, WHICH MAY
OCCUR BEFORE CUSTOMER RECEIVES THE
EQUIPMENT.
Usage Charges - DEPENDING ON THE SERVICE
PLAN SELECTED, CUSTOMER MAY INCUR USAGE
CHARGES FOR SERVICES SUCH AS: WIRELESS
CALLING, DIRECT CONNECTTM, NATIONWIDE
DIRECT CONNECTTM, GROUP CONNECTSM, MOBILE
MESSAGING, NEXTEL ONLINE® SERVICES AND
OTHER SERVICES THAT MAY BE OFFERED FROM
TIME TO TIME. USAGE CHARGES MAY VARY
DEPENDING ON HOW, WHERE AND WHEN
CUSTOMER USES THE SERVICE. CUSTOMER MAY
BE ASSESSED LONG DISTANCE CHARGES
(INCLUDING INTERNATIONAL CALLING) OR OTHER
CHARGES FOR “TOLL-FREE” CALLS TO 800, 866,
877, 888 AND OTHER TOLL-FREE NUMBERS.
CUSTOMER ALSO MAY BE CHARGED FOR THE
USE OF SPECIAL SERVICES SUCH AS 411
SERVICES, OPERATOR-ASSISTED CALLS OR

CALL-FORWARDING. AIRTIME CHARGES WILL BE
ASSESSED FOR THE ENTIRE PERIOD DURING
WHICH A CALL OR DIRECT CONNECTTM
TRANSMISSION IS CONNECTED TO THE NEXTEL
NETWORK. A WIRELESS CALL CONNECTION
BEGINS APPROXIMATELY WHEN CUSTOMER
PRESSES THE BUTTON TO INITIATE AN OUTGOING
CALL OR THE PHONE STARTS RINGING FOR AN
INCOMING CALL AND ENDS APPROXIMATELY
WHEN THE FIRST PARTY TERMINATES THE CALL.
CUSTOMER SHALL BE RESPONSIBLE FOR ALL
CHARGES FOR INCOMING AND OUTGOING
WIRELESS CALLS THAT ARE ANSWERED. A
DIRECT CONNECTTM OR GROUP CONNECTSM
TRANSMISSION OCCURS APPROXIMATELY WHEN
CUSTOMER PRESSES THE BUTTON TO INITIATE A
TRANSMISSION AND ENDS APPROXIMATELY SIX
(6) SECONDS AFTER COMPLETION OF A
COMMUNICATION (i.e., WHEN CUSTOMER OR
ANOTHER PARTICIPANT RELEASES THE BUTTON)
TO WHICH NO PARTICIPANT RESPONDS.
CUSTOMER INITIATES A NEW DIRECT CONNECTTM
OR GROUP CONNECTSM TRANSMISSION IF
CUSTOMER RESPONDS MORE THAN SIX (6)
SECONDS AFTER THE OTHER PARTICIPANT
COMPLETES A COMMUNICATION. NATIONWIDE
DIRECT CONNECTTM CALLS USE THE DIRECT
CONNECTTM MINUTES IN CUSTOMER'S PLAN AND
INCUR AN ADDITIONAL ACCESS CHARGE.
AIRTIME CHARGES FOR DIRECT CONNECTTM OR
GROUP CONNECTSM TRANSMISSIONS OR
NATIONWIDE DIRECT CONNECTTM ACCESS ARE
CHARGED TO THE CUSTOMER THAT INITIATES
THE TRANSMISSION AND, UNLESS A RATE PLAN
INCLUDES UNLIMITED TRANSMISSIONS OR
ACCESS, ARE CALCULATED BY MULTIPLYING THE
DURATION OF THE TRANSMISSION (INCLUDING
THE SIX (6) SECOND PERIOD REFERRED TO
ABOVE) BY THE APPLICABLE RATE AND THE
NUMBER OF PARTICIPANTS. CUSTOMER WILL
NOT BE CHARGED FOR SENDING OR RECEIVING
CALL ALERT TRANSMISSIONS (“CALL ALERTS”),
BUT WILL BE DEEMED TO HAVE INITIATED A NEW
DIRECT CONNECTTM TRANSMISSION IF

CUSTOMER RESPONDS TO A CALL ALERT, EVEN
IF CUSTOMER RESPONDS WITHIN SIX (6)
SECONDS OF RECEIVING THE CALL ALERT. TEXT
AND NUMERIC MESSAGING WILL BE CHARGED
ON A PER MESSAGE BASIS; HOWEVER,
CUSTOMER MAY ELECT TO PURCHASE A
CERTAIN NUMBER OF MESSAGES FOR A FIXED
MONTHLY PRICE. ANY MESSAGES IN EXCESS OF
CUSTOMER'S ALLOTTED MESSAGES WILL BE
CHARGED AT THE PER MESSAGE RATE.
DEPENDING ON THE PLAN, CUSTOMER MAY BE
CHARGED ON A PER KILOBYTE BASIS (ONE
MEGABYTE EQUALS 1024 KILOBYTES AND ONE
KILOBYTE EQUALS 1024 BYTES), FOR
CUSTOMER'S USE OF NEXTEL ONLINE®
SERVICES. KILOBYTES MAY BE USED FOR,
WITHOUT LIMITATION, BROWSING THE INTERNET,
ACCESSING NEXTEL ONLINE® APPLICATIONS AND
FOR READING, SENDING AND RESPONDING TO
EMAIL. AIRTIME MINUTES ALLOTTED TO
CUSTOMER UNDER CUSTOMER'S WIRELESS
CALLING PLAN MAY BE USED IN CONNECTION
WITH CERTAIN NEXTEL ONLINE® SERVICES.
CUSTOMERS ARE CHARGED AT LEAST ONE (1)
MINUTE OF AIRTIME FOR ALL WIRELESS CALLS
AND AT LEAST SIX (6) SECONDS OF AIRTIME FOR
ALL DIRECT CONNECTTM TRANSMISSIONS,
REGARDLESS OF LENGTH. AFTER THE INITIAL
MINUTE, AIRTIME CHARGES FOR WIRELESS
CALLING ARE ROUNDED-UP AND BILLED TO THE
NEXT SECOND OR TO THE NEXT MINUTE,
DEPENDING ON CUSTOMER'S SERVICE PLAN.
AFTER SIX (6) SECONDS, DIRECT CONNECTTM
TRANSMISSIONS ARE ROUNDED-UP AND BILLED
TO THE NEXT SECOND. DATA USAGE FOR
NEXTEL ONLINE® SERVICES IS ROUNDED TO THE
NEAREST ONE-TENTH (1/10) OF A KILOBYTE.
Taxes, Fees and Assessments - Customer shall pay all
federal, state, and local taxes and fees that are
imposed on transactions subject to this Agreement.
Customer shall not be responsible for taxes and fees
imposed on Nextel's net income or property.
CUSTOMER SHALL BE RESPONSIBLE FOR ALL
TAXES AND FEES (WHETHER IMPOSED UPON

CUSTOMER OR NEXTEL) THAT ARE MEASURED BY
GROSS RECEIPTS FROM SALES MADE TO
CUSTOMER OR IMPOSED AS A PER-LINE OR
PER-UNIT CHARGE. APPLICABLE TAXES AND
FEES INCLUDE, BUT ARE NOT LIMITED TO, THE
FOLLOWING: FEDERAL, STATE, AND LOCAL
EXCISE TAXES, SALES AND TRANSACTION TAXES,
GROSS RECEIPTS TAXES, UTILITY TAXES, AND
STATUTORY 911 FEES. Any Customer who is eligible
for an exemption from any tax or fee must provide
Nextel with a valid and properly executed exemption
certificate for the exemption to be effective. Customer
shall provide Nextel with the Primary Place of Use (i.e.,
Customer's residential street address or primary
business address) for each unit activated on
Customer's account, and notify Nextel of any changes
in such address. ADDITIONAL FEES AND
ASSESSMENTS APPLY TO CUSTOMER'S MONTHLY
SERVICE PLAN. The charges may change and may
vary depending on where customer is located. THE
CHARGES INCLUDE, BUT ARE NOT LIMITED TO, A
UNIVERSAL SERVICE FUND ASSESSMENT AND A
TELEPHONE RELAY SERVICE FEE. NEXTEL ALSO
IMPOSES A FEDERAL PROGRAMS COST
RECOVERY (“FPCR”) FEE THAT IS NOT A TAX OR
GOVERNMENT MANDATED, BUT IS KEPT BY
NEXTEL TO RECOVER NEXTEL'S COSTS FOR
COMPLYING WITH FEDERAL COMMUNICATIONS
COMMISSION (“FCC”) PROGRAMS AND MANDATES.
THE FPCR FEE IS SUBJECT TO ADJUSTMENT, AND
NEXTEL WILL PROVIDE ADVANCE NOTICE TO
CUSTOMER THROUGH THE “NEXTEL NEWS”
SECTION OF CUSTOMER'S BILL OR A BILL INSERT
OF ANY SIGNIFICANT INCREASE IN THE FPCR FEE.
Please consult the current Nextel pricing materials, a
sales consultant or visit http://www.Nextel.com for
information regarding the FPCR fee and the current
amount of the fee. ADDITIONAL FEES MAY BE
ADDED TO CUSTOMER'S BILL TO RECOVER
NEXTEL'S COSTS FOR FUNDING GOVERNMENT
PROGRAMS OR INITIATIVES.
Early Termination Component of Rate Structure - Nextel
incurs a significant cost in activating Service to
Customer, including a large up-front cost in offering

Equipment to Customer. These costs are partially
recouped over the length of Customer's Agreement with
Nextel through monthly service rate charges to
Customer, which have been established in part for this
purpose. If Customer breaches this Agreement or
terminates Service for any reason (including by porting
its Phone number to another service provider),
Customer understands and acknowledges that Nextel
will not receive the full benefit of its Agreement with
Customer, in part, because Nextel will not continue to
receive monthly service charges from Customer. As a
result, Nextel shall incur damages that are difficult, if not
impossible, to determine. THEREFORE, IN THE CASE
OF BREACH OR EARLY TERMINATION OF THE
AGREEMENT BY CUSTOMER, CUSTOMER SHALL
PAY TO NEXTEL, AS LIQUIDATED DAMAGES AND
NOT AS A PENALTY (IN ADDITION TO ALL
AMOUNTS THEN OWED TO NEXTEL), $200 FOR
EACH NUMBER ASSIGNED TO CUSTOMER'S
ACCOUNT AS A REASONABLE ESTIMATE OF THE
DAMAGES INCURRED BY NEXTEL. This is intended
to maintain Nextel's overall rate at an acceptable level
despite Customer's early termination and will be
assessed without exception unless otherwise provided
in this Agreement or by applicable law.
Failure to Pay - Customer acknowledges that time is of
the essence with respect to all amounts owed to Nextel.
IF CUSTOMER HAS NOT PAID ITS MONTHLY
INVOICE IN FULL BY THE DUE DATE, A LATE
PAYMENT CHARGE OF UP TO 1.5% PER MONTH
(18% ANNUALLY), OR SUCH LESSER AMOUNT
PERMITTED BY LAW, MAY BE APPLIED TO THE
TOTAL UNPAID BALANCE DUE AND OUTSTANDING.
THIS LATE PAYMENT CHARGE IS ASSESSED TO
RECOVER COSTS FOR CUSTOMER'S FAILURE TO
PAY AND SHALL NOT CONSTITUTE INTEREST.
Nextel's acceptance of late or partial payments (even if
marked “paid in full” or similar notations) shall not waive
Nextel's right to collect the full amount due under this
Agreement, plus any additional amounts charged under
this paragraph. If Nextel obtains the services of a
collection or repossession agency or an attorney to
assist in remedying any breach of this Agreement by
Customer, including but not limited to, Customer's

nonpayment of charges, Customer shall be liable for
this expense.
Disputed Charges - Customer may dispute only those
charges that Customer believes are the result of (1) a
billing error; (2) a problem related to Customer's
Service; or (3) dropped calls. To dispute any charge,
Customer must pay all undisputed amounts when due
and submit a written notice to Nextel within ninety (90)
days of the problem or before the end of the third billing
cycle after the date upon which the problem occurred,
whichever occurs later. CUSTOMER WAIVES THE
RIGHT TO DISPUTE ANY CHARGES FOR WHICH
TIMELY NOTICE IS NOT PROVIDED TO NEXTEL.
Nextel shall resolve all disputed charges in its sole
discretion. If Nextel determines that an error was made
on Customer's invoice, Nextel will credit Customer's
account in the amount of the error. If Nextel determines
that a disputed charge was validly assessed upon
Customer, Nextel will notify Customer and Customer
must furnish the amount to Nextel within a reasonable
period of time; or, if authorized by Customer, Nextel
may instead charge Customer's credit card or debit card
by any amount that was validly assessed. If Customer
fails to pay any undisputed amount or, after a
reasonable period of time, fails to pay any amount
determined by Nextel to have been validly assessed
upon Customer, Nextel may exercise any remedies
available to Nextel under this Agreement for
non-payment, including termination of the Agreement.
Customer hereby acknowledges that he or she has read
the explanation of rates and charges set forth in this
Section 7 and understands that these rates and charges
may be assessed upon Customer, to the extent
applicable.
8. BILLING - Nextel shall issue invoices for Service and
for purchases of Equipment. Nextel's invoicing cycle is
approximately thirty (30) days, but may change from
time to time. The day of the month on which Customer
receives an invoice may vary and is subject to change.
Some billing details may be provided at www.nextel .
worldwide.can will not appear on invoices (except for a
fee). Service charges will be invoiced to Customer in
advance or in arrears, depending on the Service Plan,
and usage charges will be invoiced in arrears.

Customer may be assessed a shipping charge for
Equipment delivered to Customer. Unless otherwise
specified in Customer's Service Plan, any unused
minutes or other allotted Services under Customer's
Service Plan will not be carried over to any other billing
cycle. If Customer's Service is terminated for any
reason (including if Customer's Number is ported)
before the end of any billing cycle, no credit or refund
will be provided for unused minutes or other allotted
Services and any monthly service charge will not be
prorated to the date of termination. On occasion,
Customer may be billed for Services in a month other
than the month in which Customer used the Services,
with may result in higher-than-expected Services
charges for the month in which such Services are billed.
The creation of new cell sites, Nextel's implementation
of new billing technology, delays in the reporting of
international or other roaming charges between carriers,
and other similar events may result in such delayed
billing. Nextel may bill Customer on behalf of third party
providers of Online Applications that are accessed by
Customer through the Equipment. Nextel may retain a
percentage of these charges before providing the
balance to the third party provider of such Online
Application.
9. PAYMENTS - Recurring Credit/Debit Card Payments
- Customer may pay any amount owed to Nextel by
using a credit or debit card acceptable to Nextel. If
Customer wishes to pay all amounts in this manner on a
recurring basis, Customer must complete a separate
payment enrollment form (“Payment Form”). Customer
acknowledges that upon signing the appropriate
Payment Form, the Payment Form, including its
applicable terms and conditions, will become a part of
this Agreement. Customer shall promptly notify Nextel
of any changes to the credit or debit card (e.g., if the
card is terminated, lost, stolen or the expiration date
changes) or bank account used for payment.
Enrollment is for the duration of this Agreement unless
cancelled earlier by either Customer or Nextel upon
thirty (30) days' advance written notice to the other
party.
Specific Form of Payment - Nextel may, at any time and
from time to time, as it deems appropriate (e.g.,

following receipt of a dishonored check or other
instrument), demand that Customer make payment by
money order, cashier's check, or a similarly secure form
of payment. Nextel also may require at any time in its
sole discretion that the Equipment be purchased for
cash only. In this case, title to the Equipment shall be
transferred to Customer only after receipt by Nextel of a
cashier's or certified check or other equally secure form
of payment in the amount set forth on the Customer
Order section of this Agreement.
Dishonored Checks - Nextel may charge Customer up
to the highest amount permitted by law for any check or
other instrument tendered by Customer and returned
unpaid by a financial institution for any reason.
10. SUSPENSION, LIMITATION OR TERMINATION
OF SERVICE OR THIS AGREEMENT - General -
Nextel may limit, suspend or terminate Customer's
Service or this Agreement at any time and without
providing notice to Customer if: (1) Customer fails to
pay any charges (including, without limitation, any
charges assessed on behalf of third parties) when due
under this Agreement; (2) Customer behaves in an
abusive, derogatory, or otherwise unreasonable manner
to any Nextel employee, representative or agent; (3)
Nextel has reason to believe that Customer's Service is
being used in a fraudulent manner or for an illegal
purpose (such as unusual activity levels or calling
patterns); (4) Customer's Service is being used in a way
that adversely affects other Customers' Service or
Nextel's business operations; (5) Customer provides
Credit Information that is false, inaccurate, dated or
cannot be verified or Customer becomes insolvent or
subject to any proceeding under the Bankruptcy Code
or similar laws; (6) Nextel discovers that Customer is
underage or does not otherwise possess the capacity or
the authorization to enter into this Agreement; (7)
Customer's use of the Service or Equipment exceeds
limitations or violates any restrictions placed on
Customer's account or otherwise breaches this
Agreement; or (8) Nextel, in its sole discretion, believes
action is required to protect its interests or the interests
of Customer or its other customers. NEXTEL SHALL
NOT BE LIABLE TO CUSTOMER OR TO ANY OTHER
PARTY FOR EXERCISING OR FAILING TO

EXERCISE ITS RIGHTS UNDER THIS SECTION TO
LIMIT, SUSPEND OR TERMINATE SERVICE OR THE
AGREEMENT. If Customer's Service is subject to
fraudulent use, Customer shall immediately notify
Nextel's Customer Care department, provide Nextel
with any documentation and information that it requests
and otherwise cooperate with Nextel in the investigation
of such incident. If Nextel terminates Service to
Customer, and Service is not reconnected within thirty
(30) calendar days, all amounts owed to Nextel
(including any damages for early termination) shall
become immediately due and payable.
Reactivation - Nextel may, but is not required to,
reactivate Service to Customer after Service has been
suspended or terminated in accordance with the
previous subsection. BEFORE SERVICE MAY BE
REACTIVATED, CUSTOMER MUST PAY TO NEXTEL
ALL PAST DUE AMOUNTS PLUS A RECONNECTION
CHARGE EQUAL TO $25.00 PER NUMBER, PLUS
APPLICABLE TAXES. Nextel may modify the terms of
Service before reactivating Service to Customer and
may require Customer to provide Nextel with an initial
Deposit or an additional Deposit.
11. RELEASE OF CUSTOMER INFORMATION -
Privacy - Wireless systems use radio channels to
transmit communications that may be accidentally or
intentionally intercepted. Although federal and state
laws may make it illegal for third parties to listen in on
Customer's Service, privacy cannot be guaranteed.
NEXTEL SHALL NOT BE LIABLE TO CUSTOMER OR
TO ANY THIRD PARTY FOR EAVESDROPPING ON
OR INTERCEPTION OF COMMUNICATIONS MADE
WHILE USING THE SERVICE OR THE EQUIPMENT.
911 or Other Emergency Calls - The Service does not
interact with 911 and other emergency services in the
same manner as non-wireless or landline telephone
services. Depending on Customer's location, the type
of Equipment being used, the type of equipment being
utilized by any applicable emergency services provider,
and the circumstances and conditions of a particular
call, Customer's phone number and/or location may not
be identifiable to emergency services providers and
Customer may not be connected to the appropriate
emergency services provider. In certain circumstances,

a 911 call may be routed to a state patrol dispatcher.
Nextel is deploying wireless E911 compatible
Equipment that meets applicable FCC requirements
and that is designed to help public safety authorities
locate users of the Service who make 911 calls.
However, E911 service that is compatible with the FCC
technical requirements is not available in all areas, and
even in those areas where it is available, it is not
entirely reliable. Moreover, if Customer's Equipment is
not GPS-enabled, emergency services personnel may
have much less precise location information about the
Customer, compared to the information available to
them if Customer's Equipment was GPS-enabled. The
information available to emergency service providers
may also be limited if Customer's number or numbers
are in the process of being ported. Customer
acknowledges that E911 service is not available in all
areas, is not completely reliable and is further limited
when using non-GPS enabled Equipment or during the
number porting process. Customer consents to
Nextel's disclosure of Customer information to
governmental and public safety authorities in response
to emergencies. This information may include, but is
not limited to, Customer's name, address, Number, and
the location of the user of the Service at the time of call.
Access, Use and Disclosure of Customer Information
and Communications - Customer acknowledges and
agrees that Nextel may access, use, and disclose to
third parties, any information whether personally
identifying information, or “customer proprietary network
information” (“CPNI”) within the meaning of 47 U.S.C. §
222 and its implementing regulations (“CPNI
Regulations”) that Nextel collects, possesses or
develops about Customer to: (1) provide Customer with
Equipment, Service, or customer support; (2) conduct
marketing activities in accordance with applicable law
(customer may opt out of any such marketing by
contacting Nextel); (3) enable Customer to switch to a
new service provider (either Nextel or another service
provider) while retaining the same phone number; (4)
list Customer's contact information (e.g., name,
address, and Number) in a telephone or subscriber
directory, or include such information in a directory
assistance service; (5) provide handset-based or

network-based geographic information services via
Nextel-provided or third party software applications; (6)
comply with applicable law; or (7) respond to
emergencies. Customer acknowledges that any
information that identifies Customer (e.g., Customer's
name and Number) and calls made by Customer may
appear on the equipment or bill of a person or party that
receives Customer's call. Nextel may access, use,
disclose, record or monitor any communications to or
from Customer or any other person to protect Nextel's
rights or property or those of other customers, as
permitted by law.
Geographic Information Services - Consistent with the
foregoing, Customer acknowledges and agrees that
Nextel or a third party application service provider may
access, use, and disclose to third parties the
geographic location of Customer's Equipment to provide
Customer with any geographic information service
which Customer accesses through the Service or
Equipment. If Customer utilizes any such service and
there are additional users on Customer's account,
Customer shall clearly, conspicuously, and regularly
notify all individual users of the Service that location
information (i.e., the geographic coordinates of the
Equipment) may be accessed, used, or disclosed in
connection with the Service. For any geographic
information service that is governed by the CPNI
regulations or a similar law, Nextel will provide
Customer with a separate notice and opportunity to
consent to the access, use, and disclosure of
geographic information. CUSTOMER SHALL HOLD
HARMLESS AND INDEMNIFY NEXTEL AGAINST ANY
AND ALL CLAIMS, LOSSES, EXPENSES, DEMANDS,
ACTIONS, OR CAUSES OF ACTION (INCLUDING ALL
ACTIONS BY THIRD PARTIES) ARISING OUT OF A
BREACH OF CUSTOMER'S OBLIGATION TO NOTIFY
USERS AS SET FORTH IN THIS SECTION OR
CUSTOMER'S USE OF ANY GEOGRPAHIC
INFORMATION SERVICE OR LOCATION
INFORMATION.
12. EQUIPMENT - Customer shall provide Nextel with
an initial payment in the amount set forth on the
Customer Order section of this Agreement to be applied
towards any amount owed to Nextel one (1) year from

the effective date of the Agreement. Customer
acknowledges that Nextel is not responsible for the
Equipment or its installation. Nextel is not responsible
for the operation, quality of transmission, or, unless
separate maintenance arrangements have been made
between Nextel and Customer, for maintenance of the
Equipment. Customer further acknowledges that
Equipment purchased from Nextel is not compatible
with and will not support services provided by other
wireless carriers, except for those services provided by
an entity operating compatible equipment or in
connection with roaming to certain countries outside of
the United States. NEXTEL SHALL NOT BE LIABLE
FOR ANY DAMAGES (INCLUDING DAMAGE TO THE
EQUIPMENT) RESULTING FROM INSTALLATION OF
THE EQUIPMENT BY CUSTOMER OR ANY THIRD
PARTY. 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 LOSS, DAMAGE, THEFT, OR
DESTRUCTION OF THE EQUIPMENT, IN WHOLE OR
IN PART, SHALL IMPAIR CUSTOMER'S
OBLIGATIONS UNDER THIS AGREEMENT,
INCLUDING, WITHOUT LIMITATION, CUSTOMER'S
RESPONSIBILITY FOR THE PAYMENT OF SERVICE
CHARGES DUE UNDER THE AGREEMENT.
Insurance - Customer may purchase Direct Protect
insurance (“Direct Protect”) to protect Customer against
loss, theft, incidental damage or accidents involving
Customer's Equipment. However, Direct Protect is not
available for certain Equipment. Customer
acknowledges that Direct Protect insurance is provided
by The Signal Telecommunications Insurance Services
(“Signal”) and not by Nextel. If Customer selects Direct
Protect coverage, Customer will be assessed a monthly
charge, which Nextel will remit to Signal on Customer's
behalf. Any requests for information or claims regarding
Direct Protect 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.
Lost or Stolen Equipment - If Customer's Equipment is
lost or stolen, Customer agrees to: (1) notify Nextel

within two calendar days by calling Nextel's Customer
Care department; (2) provide Nextel with any
documentation and information that it requests; and (3)
otherwise cooperate with Nextel in the investigation of
such incident.
13. DISCLAIMER OF WARRANTIES - NEXTEL
MAKES NO REPRESENTATIONS OR WARRANTIES,
STATUTORY, EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, ANY WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE OR NON-INFRINGEMENT
CONCERNING CUSTOMER'S SERVICE OR THE
EQUIPMENT. NEXTEL DOES NOT AUTHORIZE
ANYONE TO MAKE ANY REPRESENTATION OR
WARRANTY ON ITS BEHALF, AND CUSTOMER
SHOULD NOT RELY ON ANY SUCH STATEMENT(S).
ANY STATEMENTS MADE IN PACKAGING,
MANUALS OR OTHER DOCUMENTS, OR BY ANY
NEXTEL EMPLOYEES, AGENTS OR
REPRESENTATIVES, ARE PROVIDED FOR
INFORMATIONAL PURPOSES ONLY AND NOT AS
WARRANTIES BY NEXTEL OF ANY KIND.
CUSTOMER ASSUMES ALL RESPONSIBILITY FOR
USE OF THE SERVICE AND THE QUALITY AND
PERFORMANCE OF THE EQUIPMENT. CUSTOMER
ACKNOWLEDGES THAT SERVICE MAY NOT BE
ERROR-FREE AND THAT INTERRUPTIONS WILL
LIKELY OCCUR FROM TIME TO TIME. NEXTEL
DOES NOT MANUFACTURE THE EQUIPMENT AND
ANY STATEMENT REGARDING THE EQUIPMENT
SHOULD NOT BE INTERPRETED AS A WARRANTY.
THIS SECTION SHALL SURVIVE TERMINATION OF
THIS AGREEMENT.
14. LIMITATION OF LIABILITY AND REMEDIES FOR
BREACH - Nextel shall not be liable for: (1) any
deficiency in the Service, including, but not limited to,
mistakes, omissions, interruptions (including, among
others, interruptions caused by Equipment or facilities
failure or shortages), errors, failures to transmit, delays
or defects, network problems, lack of coverage or
network capacity, dropped calls, inability to access the
Service or inability to place or receive calls or problems
of unauthorized access; (2) the unavailability or any
failure or delay in delivery of the Equipment or the

cancellation of any orders of Equipment by the
manufacturer; (3) any suspension or termination of
Service by Nextel or any other action taken by Nextel in
its sole discretion intended to protect the Nextel
wireless network, systems, and the rights or property of
Nextel, its Customers, or others from “hacking,”
“spamming,” “viruses” or other potential harms that
Nextel believes may adversely impact its network or
systems; (4) the availability or use of Nextel Online®
Services, including but not limited to, the compatibility or
use of Online Applications or Content, whether or not
supported by Nextel, or any contact with third parties
through the use of Nextel Online® Services; (5) any
damage or personal injury allegedly caused by use of
the Equipment or Service; (6) any other damage due
directly or indirectly to causes beyond Nextel's control,
including, but not limited to, any act or omission of any
carrier or service provider other than Nextel; or (7) acts
of God, acts of public enemies, acts of the government,
acts or failure to act of 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, terrorism, unusually severe weather
conditions or default of Nextel's subcontractors.
WITHOUT LIMITING THE FOREGOING, NEXTEL'S
SOLE LIABILITY FOR SERVICE DISRUPTION,
WHETHER CAUSED BY THE NEGLIGENCE OF
NEXTEL OR OTHERWISE, IS LIMITED TO A CREDIT
ALLOWANCE OF NOT MORE THAN THE
PROPORTIONATE CHARGE TO CUSTOMER FOR
THE PERIOD OF SERVICE DISRUPTION. EXCEPT
AS OTHERWISE SET FORTH IN THE PRECEDING
SENTENCE, IN NO EVENT SHALL NEXTEL BE
LIABLE FOR ACTUAL DAMAGES OR FOR
CONSEQUENTIAL, INCIDENTAL, SPECIAL OR
OTHER INDIRECT DAMAGES CAUSED BY ITS
NEGLIGENCE OR OTHERWISE, NOR FOR
ECONOMIC LOSS, PERSONAL INJURIES OR
PROPERTY DAMAGE SUSTAINED BY CUSTOMER
OR ANY THIRD PARTIES. IF CUSTOMER IS
PROVIDED WITH A CREDIT ALLOWANCE UNDER
THIS SECTION, NEXTEL SHALL BE SUBROGATED

TO ANY AND ALL RIGHTS THAT CUSTOMER MAY
HAVE AGAINST ANY THIRD PARTY AS A RESULT
OF CUSTOMER'S LOSS OR EXPENSE, INCLUDING
BUT NOT LIMITED TO, ANY RIGHT CUSTOMER MAY
HAVE UNDER THE TELEPHONE CONSUMER
PROTECTION ACT. THIS SECTION 14 SHALL
SURVIVE TERMINATION OF THIS AGREEMENT.
UNDER CERTAIN CIRCUMSTANCES, SOME
JURISDICTIONS MAY NOT RECOGNIZE OR GIVE
EFFECT, IN WHOLE OR IN PART, TO WARRANTY
DISCLAIMERS AND/OR LIMITATIONS OF REMEDIES
FOR BREACH; AND THEREFORE, TO THE EXTENT
THAT THE DISCLAIMER SET FORTH IN SECTION 13
AND THE LIMITATION OF REMEDIES IN SECTION 14
ARE NOT PERMITTED BY APPLICABLE LAW, THEY
WILL NOT APPLY TO CUSTOMER OR SHALL ONLY
APPLY TO THE EXTENT PERMITTED BY SUCH
APPLICABLE LAW.
15. INDEMNIFICATION - Customer shall indemnify,
defend, and hold Nextel harmless from any violation by
Customer of any applicable law or regulation.
Customer will further indemnify Nextel for any claim or
demand, including reasonable attorneys' fees, made by
any third party due to or arising out of: (1) information
or Content that Customer submits, posts, transmits or
makes available through the Service; (2) Customer's
use of the Service or Equipment; (3) Customer's
connection to the Service or Equipment; (4) Customer's
violation of this Agreement; or (5) Customer's violation
of any rights of a third party.
16. DISPUTE RESOLUTION - THIS SECTION
PROVIDES FOR THE RESOLUTION OF MOST
DISPUTES OR CLAIMS THROUGH ARBITRATION
INSTEAD OF COURT TRIALS AND CLASS ACTIONS.
CUSTOMER SHOULD READ THIS SECTION
CAREFULLY; ARBITRATION IS FINAL, BINDING AND
SUBJECT TO ONLY VERY LIMITED REVIEW BY A
COURT. THIS SECTION GOVERNING DISPUTES
SHALL SURVIVE TERMINATION OF THIS
AGREEMENT.
Mandatory Arbitration - CUSTOMER AND NEXTEL
AGREE TO ARBITRATE ANY CLAIM,
CONTROVERSY OR DISPUTE ARISING UNDER OR
RELATED TO THIS AGREEMENT OR ANY

EQUIPMENT USED IN CONNECTION WITH THE
SERVICE (OR ANY PRIOR ORAL OR WRITTEN
AGREEMENT FOR WIRELESS SERVICE WITH
NEXTEL) EXCEPT THAT CUSTOMER OR NEXTEL
MAY BRING AN INDIVIDUAL ACTION IN SMALL
CLAIMS COURT. CUSTOMER AND NEXTEL
ACKNOWLEDGE THAT THIS AGREEMENT
EVIDENCES A TRANSACTION IN INTERSTATE
COMMERCE AND THAT THE FEDERAL
ARBITRATION ACT SHALL GOVERN THE
INTERPREATION AND ENFORCEMENT OF THIS
ARBITRATION PROVISION. TO INITIATE
ARBITRATION, CUSTOMER OR NEXTEL MUST
FIRST SEND A WRITTEN NOTICE, VIA CERTIFIED
MAIL, TO THE OTHER PARTY INDICATING ITS
INTENT TO ARBITRATE, WHICH NOTICE SHALL
INCLUDE: (1) A DESCRIPTION OF THE FACTS; (2) A
DESCRIPTION OF THE NATURE OF THE CLAIM;
AND (3) THE RELIEF SOUGHT ("NOTICE TO
ARBITRATE"). SEND NOTICE TO ARBITRATE TO:
NEXTEL GENERAL COUNSEL, ARBITRATION
OFFICE, 600 South Dixie Highway Suite 836 West Palm
Veach,FL 33401 BOTH PARTIES AGREE TO MAKE
REASONABLE ATTEMPTS TO RESOLVE ANY SUCH
DISPUTE; HOWEVER, IF THE PARTIES CANNOT
RESOLVE THE DISPUTE WITHIN FORTY-FIVE (45)
DAYS OF RECEIPT OF NOTICE TO ARBITRATE,
THEN AN ARBITRATION CLAIM MAY COMMENCE.
ANY ARBITRATION INITIATED UNDER THIS
AGREEMENT SHALL BE ADMINISTERED BY THE
AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN
ACCORDANCE WITH ITS WIRELESS INDUSTRY
ARBITRATION RULES (AND THE AAA
SUPPLEMENTAL PROCEDURES FOR CONSUMER
RELATED DISPUTES AS THEY MAY BE
APPLICABLE), AS MODIFIED BY THIS AGREEMENT.
INFORMATION CONCERNING THE AAA, ITS
WIRELESS INDUSTRY ARBITRATION RULES AND
OTHER INFORMATION CONCERNING
ARBITRATION PROCEDURES AND FEES CAN BE
FOUND BY CALLING THE AAA AT 1-800-778-7879
OR VISITING ITS WEBSITE AT http://www.adr.org.
ANY ARBITRATION SHALL BE CONDUCTED BY A
SINGLE NEUTRAL ARBITRATOR. CUSTOMER AND

NEXTEL SHALL COOPERATE IN GOOD FAITH TO
SELECT THE ARBITRATOR WITHIN THIRTY (30)
CALENDAR DAYS OF THE COMMENCEMENT OF
ANY ARBITRATION PROCEEDING. IF CUSTOMER
AND NEXTEL CANNOT AGREE UPON A NEUTRAL
ARBITRATOR WITHIN THE THIRTY DAY PERIOD,
THEN EITHER PARTY MAY REQUEST THAT THE
AAA APPOINT, IN ITS SOLE DISCRETION, A
NEUTRAL ARBITRATOR. CUSTOMER AND NEXTEL
FURTHER AGREE THAT NO ARBITRATOR SHALL
HAVE THE AUTHORITY TO AWARD ANY RELIEF OR
REMEDY IN EXCESS OF OR CONTRARY TO WHAT
IS PROVIDED IN THIS AGREEMENT, EXCEPT
WHERE SUCH PROVISION IS NOT PERMITTED
UNDER APPLICABLE LAW. THE ARBITRATOR'S
DECISION AND AWARD SHALL BE FINAL AND
BINDING, AND JUDGMENT ON THE AWARD
RENDERED BY THE ARBITRATOR MAY BE
ENTERED IN ANY COURT HAVING JURISDICTION.
THE LAW THAT IS APPLIED TO THIS AGREEMENT
ALSO SHALL BE APPLIED IN ANY ARBITRATION
PROCEEDING. UNLESS THE CUSTOMER AND
NEXTEL OTHERWISE AGREE, ANY ARBITRATION
SHALL BE CONDUCTED IN THE COUNTY SEAT OF
THE COUNTY IN WHICH CUSTOMER'S BILLING
ADDRESS IS LOCATED. ALL ADMINISTRATIVE
COSTS AND FEES OF ARBITRATION SHALL BE
BORNE EQUALLY BY CUSTOMER AND NEXTEL,
EXCEPT IF THE CLAIM IS LESS THAN $1000,
CUSTOMER WILL BE OBLIGATED TO PAY ONLY
$25. FOR CLAIMS OVER $1,000 BUT UNDER $75,
000, CUSTOMER WILL BE REQUIRED TO PAY ITS
SHARE OF ARBITRATION FEES, BUT NO MORE
THAN THE EQUIVALENT COURT FILING FEE FOR A
COURT ACTION FILED IN THE JURISDICTION
WHERE CUSTOMER'S BILLING ADDRESS IS
LOCATED. CUSTOMER AND NEXTEL SHALL EACH
BEAR THE EXPENSES OF THEIR OWN COUNSEL,
EXPERTS, WITNESSES AND THE PREPARATION
AND PRESENTATION OF EVIDENCE IN
CONNECTION WITH ANY ARBITRATION.
Waiver of Jury Trial and Class Actions - BY ENTERING
INTO THIS AGREEMENT, CUSTOMER AND NEXTEL
ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN

RIGHTS TO LITIGATE DISPUTES IN COURT, TO
RECEIVE A JURY TRIAL OR TO PARTICIPATE AS A
PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM
ON A CLASS OR CONSOLIDATED BASIS OR IN A
REPRESENTATIVE CAPACITY. CUSTOMER AND
NEXTEL BOTH AGREE THAT ANY ARBITRATION
WILL BE CONDUCTED ON AN INDIVIDUAL AND NOT
ON A CONSOLIDATED, CLASS-WIDE OR
REPRESENTATIVE BASIS AND THAT IF
ARBITRATION IS NOT CONDUCTED ON AN
INDIVIDUAL BASIS, THIS SECTION 16 SHALL BE
DEEMED NULL AND VOID. THE ARBITRATOR MAY
AWARD INJUNCTIVE RELIEF ONLY IN FAVOR OF
THE INDIVIDUAL PARTY SEEKING RELIEF AND
ONLY TO THE EXTENT NECESSARY TO PROVIDE
RELIEF WARRANTED BY THAT PARTY'S
INDIVIDUAL CLAIM. IF FOR ANY REASON THE
ARBITRATION CLAUSE SET FORTH IN THIS
AGREEMENT IS DEEMED INAPPLICABLE OR
INVALID, OR TO THE EXTENT THE ARBITRATION
CLAUSE ALLOWS FOR LITIGATION OF DISPUTES
IN COURT, CUSTOMER AND NEXTEL BOTH WAIVE,
TO THE FULLEST EXTENT ALLOWED BY LAW, ANY
RIGHT TO PURSUE OR PARTICIPATE AS A
PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM
ON A CLASS OR CONSOLIDATED BASIS OR IN A
REPRESENTATIVE CAPACITY.
17. MISCELLANEOUS - Assignment - Customer may
not assign all or any part of this Agreement (including
any of its rights and duties under the Agreement) or sell
or lease the Service to others without Nextel's prior
written consent. Nextel may assign all or any part of
this Agreement to any successor or any other entity
capable of performing Nextel's obligations under this
Agreement without obtaining Customer's consent or
providing notice to Customer. Nextel shall be released
from all liability upon assignment of this Agreement.
Customer shall continue to be bound by the terms of
this Agreement following assignment.
Nextel Associates - Nextel's subsidiaries, affiliates and
certain third party service providers (the “Nextel
Associates”) may provide wireless communication
services in support of Nextel from time to time. All
rights and protections afforded to Nextel by this

Agreement are also afforded to the Nextel Associates.
Notice - Notice to Customer shall be considered
delivered if sent by U.S. Mail addressed to the most
current address on file for Customer (effective three (3)
days following deposit in U.S. Mail) or by electronic
means such as email or text messaging (effective
immediately upon transmission). Written notice to
Nextel must be sufficient to identify Customer and the
Service and shall be considered delivered when
directed to Nextel Customer Care department and
received by Nextel. Oral and electronic notice to Nextel
shall be considered delivered on the date reflected in
Nextel's records. To ensure receipt of notice, Customer
shall notify Nextel of any changes in Customer's email
or mailing address.
Limitation on Third Party Beneficiaries - This Agreement
is not for the benefit of any third party other than the
Nextel Associates.
Governing Law - The laws of the state associated with
the area code assigned to Customer's Number will
govern this Agreement, without regard to the conflict of
laws rules of that state. This Agreement is also subject
to applicable federal laws and federal or state
regulations or tariffs
Entire Agreement - This Agreement and the documents
to which it refers (e.g., Return Policy, Plan Information
and Payment Forms, to the extent such documentation
may be applicable), form the entire Agreement between
Customer and Nextel. There are no oral or written
agreements between Customer and Nextel other than
as set forth in this Agreement. If Customer is a
business, Nextel shall not be bound by the terms and
conditions included in Customer's purchase orders or
elsewhere, unless expressly agreed to in writing by a
duly authorized officer of Nextel. If any provision of this
Agreement is found to be illegal or otherwise invalid, the
remainder of this Agreement will remain enforceable. If,
at any time, Nextel fails to enforce any right or remedy
under this Agreement (including, but not limited to, a
waiver of Nextel's right to written notice under the
Agreement), Nextel shall retain the right to enforce such
right or remedy at a later time.