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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.
22. 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., Packetsream 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 (e.g., Netscape
®
Navigator or
Communicator, Microsoft
®
Internet Explorer, etc.) It
mayalsobeusedwithsoftwareforproxy
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.
23. NETWORK SECURITY, INTEGRITY, AND
OPTIMIZATION - Company may take any and all
action it deems necessary or reasonable to (i)
protect its network and systems, or the rights of
Company, Company’s subscribers or others; (ii)
optimize or improve its network or systems; or (iii)
improve its products and services. Such action may
include, without limitation, employing methods,
technologies, or procedures to filter or block
messages sent through Company’s network or
systems. Accordingly, Company may, in its sole and
absolute discretion, at any time, filter “spam ”,
without regard to any Customer preference solicited
by Company or exercised by Customer. Company
shall not be liable to Customer or to any third party
for blocking messages sent through Company’s
network or systems.