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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.