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Nextel
®
Terms and Conditions of Service
24. CUSTOMER INFORMATION – Company may
in its sole discretion access, use, and disclose to
third parties, any information (whether personally
identifying information, or “Customer proprietary
network information,” within the meaning of 47
U.S.C.§ 222 and its implementing regulations) it
collects, possesses or develops about Customer (i)
to provide any product or service that Customer
purchases, or accesses through or uses on the
Equipment; (ii) to conduct marketing activities in
accordance with applicable law, and Company’s
privacypolicy, as described below; (iii) to provision a
number portability request, either through Company
or a new service provider; (iv) to comply with the
law; or (v) to respond to emergencies. Customer
acknowledges that (i) Company posts a privacy
policy on its website that explains its policies with
respect to the collection, access, use, and
disclosure of personal Customer information; (ii)
Company may revise such policy at any time; and
(iii) the most recent version of such policy shall at
any time serve as the effective privacy policy,
regardless of the date on which Customer entered
into this Agreement.
25. COMMERCIAL LOCATION BASED SERVICES
– If Customer purchases any commercial location
based service for use through Company’s network
or Equipment, Customer shall clearly,
conspicuously, and regularly notify all its users that
location information (i.e., the geographic
coordinates of the Equipment) may be accessed,
used, or disclosed to provide the location based
service and that, as a result, Customer or someone
other than the user of the Equipment may be able to
identify the geographic coordinates of the
Equipment. CUSTOMER AGREES TO INDEMNIFY
AND HOLD COMPANY HARMLESS AGAINST
ANY AND ALL CLAIMS, DEMANDS, ACTIONS, OR
CAUSES OF ACTION (INCLUDING ALL ACTIONS
BY THIRD PARTIES) ARISING OUT OF A
BREACH OF THE OBLIGATIONS ENUMERATED
IN THIS SECTION 25 OF THE AGREEMENT.