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Nextel® Welcome Guide
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seasonal Service Plan. Upon completion of the term, this Agreement
shall automatically renew on a month-to-month basis. Sprint 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,
SPRINT 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. SPRINT WILL PROVIDE ADVANCE WRITTEN NOTICE
TO CUSTOMER OF ANY MATERIAL MODIFICATION. Such notice
may be provided in the form of a letter, postcard, separate invoice insert,
message printed on the monthly invoice, text message, or other printed
or electronic form. 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 and
not owe Sprint invoice charges resulting from the Sprint material
modification or an early termination fee by notifying Sprint 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. Final invoicing and charges following termination
shall be calculated and finalized in accordance with Sections 7 and 8 of
this Agreement. 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 Sprint or to Sprint’s or 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