Blackbe;rry SKYTEL Operating instructions
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Table of Contents
Welcome to SkyTel ................................................................ 2
Interactive 2-Way Messaging ................................................................ 2
Questions? ........................................................................................... 2
Getting Started ..................................................................... 3
Record your SkyTel Pager Numbers ........................................................ 3
■ Personal Access Number ........................................................................................ 3
■ SkyTel Pager Number(PIN) ...................................................................................... 3
Let your colleagues, family and friends know how to reach you. ........... 4
SkyTel On-line Services .......................................................... 5
Wireless Internet Email .......................................................................... 5
SkyTel Messaging Software ................................................................... 5
Send-a-Message ................................................................................... 5
Personal Messaging .............................................................................. 6
Customer Service Settings and Features ................................................ 6
■ Access My Services ................................................................................................ 6
■Check Message Recall ........................................................................................... 7
■ Check SkyTel Coverage .......................................................................................... 7
Traditional Messaging Services ............................................. 8
Record your Personal Greeting(s) .......................................................... 8
Sending Messages by Telephone .......................................................... 9
Retrieving Messages by Telephone ........................................................ 9
■ Message Recall ...................................................................................................... 9
■ SkyTalk Messages .................................................................................................. 10
Need more information? ........................................................ 11
■ There are several ways to reach SkyTel Customer Service: ..................................... 11
SkyTel 2-Way System Map ..................................................... 12
The Main Menu .................................................................................... 12
SkyTalk Menus ...................................................................................... 13
■ Send a Numeric or SkyTalk Voice Message ............................................................ 13
■ Review SkyTalk Voice Messages ............................................................................. 14
The Mailbox Menu ................................................................................ 14
SkyTel Service Options .......................................................... 15
Terms & Conditions ............................................................... 16
Welcome to SkyTel
And welcome to BlackBerryTM by SkyTel®service. We’re pleased you’ve chosen to use
the world’s most advanced messaging network, and we’re confident that you and
your contacts will find it to be the most convenient and comprehensive wireless
email and messaging service ever.
BlackBerry by SkyTel integrates with your corporate email account providing a
wireless extension of your desktop email. Read, compose, forward, reply, delete, or
file messages from the palm of your hand, all without wires. Always on, you can
send complete emails and messages to all of your contacts without ever picking up
a phone or turning on your computer. Your messages can be up to 2,000 charac-
ters each.
When you’re back at your desk, synchronize your handheld with your desktop
mailbox and all activity between the desktop and handheld will be instantly
coordinated.
Interactive 2-Way Messaging
With SkyTel, you get the added benefits of our 2-Way messaging system. Your
contacts can reach you by toll-free phone number to leave numeric and text mes-
sages. You can send messages directly from SkyTel handhelds, by using the SkyTel
website or with free messaging software. By combining these features with
BlackBerry by SkyTel, your wireless communication options are nearly limitless.
This guide is designed to help you understand the many ways that SkyTel 2-Way
services can enhance your BlackBerry service and RIM handheld to improve and
simplify communication. The SkyTel system allows you to communicate with other
SkyTel subscribers by phone and internet, regardless of their level of SkyTel
service — numeric or alphanumeric, one-way or 2-way — and for nonsubscribers to
communicate with you.
Guaranteed Message Delivery - You can relax with SkyTel. When you travel outside a
coverage area, or if your battery is dead, SkyTel stores any new messages sent to you
for up to 72 hours, delivering them automatically when you return to full-service
coverage. When you’re outside a covered area for an extended period, check your
SkyTel messages via the Internet or telephone at no extra charge. (BlackBerry emails
are not available through SkyTel Message Recall.)
Local Coverage that Follows You Nationwide - With BlackBerry by SkyTel, your coverage
follows you nationwide automatically. You’ll receive your email and messages in any
of the thousands of cities and towns where coverage is available. And there’s never
an extra fee for roaming when you travel.
Questions?
If you have questions about services not addressed in this guide, please contact your
Sales Representative, call the BlackBerry by SkyTel Customer Service desk at 1-866-
2
Getting Started
The features and options you’ve added to your BlackBerry by SkyTel service deter-
mine the options available to you on the SkyTel System. In the following instruc-
tions, you may find that some options are unavailable to you.
Ready to get started?
Follow these easy steps and you’re on your way.
1. Record your SkyTel Pager Numbers
Your SkyTel Pager Number and Subscriber Security Code are printed on the
outside label of your handheld packaging. These numbers allow you to use
SkyTel messaging functions in addition to the wireless email provided through
your BlackBerry by SkyTel features. Please record them below for your refer-
ence:
SkyTel Pager Number (PIN) ________________________________________
■You have a Personal Access Number if your SkyTel Pager Number (PIN)
is10 digits beginning with a toll-free prefix. Telephone contacts dial your
SkyTel Pager Number directly and have immediate access to your SkyTel
messaging functions. The first thing they’ll hear is your personal greeting
(see page 8) followed by a list of options to send you messages.
■If your SkyTel Pager Number (PIN) is 7 digits, contacts dial 1-800-SKYTEL-2 to
access the SkyTel messaging system, then enter your PIN at the first prompt.
Your Subscriber Security Code allows you to access your subscriber
functions through the SkyTel 2-way system and on the SkyTel website.
For example, you will need your Security Code to record your telephone
greetings and check your messages.
Subscriber Security Code _____________________________________________
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2. Let your colleagues, family and friends
know how to reach you.
■With BlackBerry by SkyTel, the only email address you’ll need to publish is
your corporate email address. Once your server software and handheld
have been configured by your email administrator, your email will be
delivered to your desktop and your RIM handheld.
■While surfing the Web, your contacts can reach you through the SkyTel
website. Have your contacts log on to www.skytel.com and click on Send
A Message. It’s easy! The website will ask for your SkyTel Pager
Number (PIN).
■Your contacts can send messages on any modem-equipped computer
using free SkyTel Access®software and your SkyTel Pager Number (PIN).
Copies can be downloaded from the SkyTel website customer service area
at www.skytel.com.
■Contacts can use the instructions on page 9 at any time to send you a
numeric message using a touch-tone telephone. If you have added
optional SkyTalk voice mail or Operator Dispatch services, callers have the
option of leaving a private voice message or dictating a message to a
SkyTel operator.
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SkyTel On-line Services
Wireless Internet Email
With BlackBerry by SkyTel, you have a true extension of your desktop email. Email
sent to your desktop will also be sent to your handheld. Responses from your
handheld appear to the recipient as if you are sitting at your desk.
■Once the BlackBerry Enterprise Server and your BlackBerry desktop software are
properly set up, you will automatically receive your corporate email on your
handheld. Your desktop email will be checked every few minutes. When new
email arrives, your handheld will receive a preview message. You can request to
receive more of the email - up to 4,000 total characters. When you respond to
the email from your handheld, it will appear exactly as if it came from your
desktop email.
■To send email from your handheld, simply address your message to another
email address — just like you would on your desktop.
SkyTel Messaging Software
SkyTel Messaging Software allows you to send messages from any modem-
equipped computer to other SkyTel customers using SkyTel Pager Numbers (PINs).
Simply visit the customer service area on www.skytel.com and download the
software compatible with your operating system. Features vary by program, but all
packages streamline messaging and enhance your ability to organize, track and log
your messaging communications.
Note: SkyTel Messaging Software is for use in the United States only. SkyTel
subscribers located outside of the U.S. should not use this software.
Send-a-Message
Log on to the Send-a-Message page at www.skytel.com and follow the steps below
to send a message to any SkyTel text-messaging customer. It’s as easy as 1, 2, 3.
Step 1: Enter the customer’s SkyTel Pager Number (PIN).
Enter the number without any spaces or punctuation.
Step 2: Type your message.
Be sure to add your name at the end so the recipient knows who sent
the message.
■The recipient’s handheld and type of service will determine the length
of message you can send. Click on the field label for guidelines.
■Click on the Character Count button after you’ve typed the message to see
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how many characters you’ve entered. (A character is any letter, number,
punctuation, special character or space.)
Step 3: Enter a Response Address (optional).
SkyTel 2-Way customers can respond to your message directly from their device
if you supply a response address. This address can be your SkyTel Pager
Number, or your email address.
Personal Messaging
SkyTel Personal Messaging lets your create your own personal messaging area.
Setting up your account is quick and easy. Best of all, it’s completely free! With
SkyTel Personal Messaging you can:
■set up and maintain your own personal address book for individuals
and groups
■send messages to several addresses at once
■add a custom “signature” to each message
■direct replies back to your email address
■and more...
To reach the Personal Messaging area, click the Personal Messaging link at the
bottom of the Send-A-Message page.
Customer Service Settings and Features
The Customer Service area of www.skytel.com provides on-line access directly to
your SkyTel settings and features. You will be asked to enter your SkyTel Pager
Number and Subscriber Security Code when you select a function.
Access My Services
■Change My SkyTel Settings gives you access to your Subscriber Security Code,
your Operator Dispatch greeting and your Reply ID.
■Manage My Messages gives you access to Message Recall so that you can read
your text messages on-line, and allows you to forward your text and
voice messages.
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Check Message Recall
With Message Recall, you never have to worry about losing messages. You can pick
up your SkyTel messages* even if your handheld is turned off or if you are outside a
coverage area for an extended period. 2-Way messages are stored for up to 72
hours. (*NOTE: your BlackBerry and desktop emails are not stored in
Message Recall.)
Log on to www.skytel.com to retrieve your messages.
■Click on Customer Service.
■Click on Check Message Recall.
■Log on using your SkyTel Pager Number and your Security Code.
In a few moments, the display will show all of the messages sent to you for the
past 72 hours.
■All text and voice messages sent to your SkyTel Pager Number will be available
for review.
■If the message was sent using a 2-Way messaging device or SkyTel Access
software with a pager number reply address, the number appears in the “From”
column. Click on the number to send an immediate reply.
■While you’re on line, you can check for new messages by selecting “Refresh
Inbox” at the bottom of the form, then clicking the “Perform Action” button.
Check SkyTel Coverage
Before you start your next business trip, make sure you are covered.
Log on to www.skytel.com, then click on Coverage.
1.Select Wireless Email Network.
2.Enter a complete address, a city and state, or a zip code, then click on Locate.
Once your map appears, you can zoom in or out with ease, locating the exact
spots you’ll be visiting.
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Traditional Messaging Services
SkyTel traditional messaging services expand your communication options by
adding telephone access to your BlackBerry wireless email features. Contacts who
prefer to reach you by telephone can call to leave numeric, voice and text mes-
sages, depending on the options you’ve added to your SkyTel service.
Record your Personal Greeting(s)
Your personalized greeting lets your callers know immediately that they have
reached you. Change your greeting as often as you wish to provide callers with
your travel plans, business updates or other important information. The following
options are available.
1. Record a Subscriber Name - to identify yourself so people are sure they’ve reached
you (e.g., “John Doe”). The name you record is heard inside an automated
SkyTel greeting.
2. Record a SkyTalk Voice Mail Greeting - if you’ve added the SkyTalk option, for
anyone leaving you a SkyTalk voice message (e.g., “This is John Doe. You’ve
reached my SkyTalk mailbox. Please leave me a voice mail message. My
handheld will notify me immediately and I will call you back as soon as pos-
sible.”).
3. Record a Personal Access Greeting - if you purchased a Personal Access Number, so
you can greet callers in your own voice and walk them through the steps to
leave you a message (e.g., “Hi, this is John Doe. Please follow the prompts to
either leave me a numeric or voice mail message or dictate a message to a
SkyTel operator.”).
To Add the Personalized Greetings Described Above:
1. Dial your Personal Access Number
OR 1. Dial 1-800-SKYTEL-2 (1-800-759-8352), enter your SkyTel Pager Number,
then press
THEN2. Press to access Subscriber Options.
3. Enter your Security Code, then press .
4. Press to Record Greeting. Choose a menu option:
■Press to choose subscriber name or
■Press to choose SkyTalk Voicemail Greeting or
■Press to choose Personal Access Greeting
5. Follow the instructions for recording, reviewing and accepting the
greeting.
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Sending Messages by Telephone
It’s easy! Follow the instructions below to send a numeric test message to yourself.
If you’ve added optional services such as SkyTel voicemail or Operator Dispatch, you
will hear those options at step 2, below.
1.Dial your Personal Access Number.
OR 1. Dial 1-800-SKYTEL-2 (1-800-759-8352), enter your SkyTel Pager Number,
then press .
THEN2. Press to send a numeric message. Enter your area code and phone
number, then press (make it a practice to have callers enter their area
code for numeric messaging).
3. Press to send the message.
4. Press for a Confirmation Number (write it down) and hang up; in a few
moments the handheld will alert you to your incoming message!
5. Select a preset response on your handheld to send a reply to the test
message you just received (see the manufacturer’s instructions).
6. To check the status of the message via telephone, repeat Step 1 (above),
then press followed by the confirmation number you received during
Step 4 (above).
Retrieving Messages by Telephone
Message Recall
With Message Recall, you never have to worry about losing messages. You can pick
up your SkyTel messages* even if your handheld is turned off or if you are outside a
coverage area for an extended period. Messages are stored for up to 72 hours.
(* NOTE: your BlackBerry and desktop emails are not stored in Message Recall).
When you call in for your messages, you can designate the time frame you desire
and listen to your messages - along with the date and time each was sent.
1. Dial your Personal Access Number.
OR 1. Dial 1-800-SKYTEL-2 (1-800-759-8352), enter your SkyTel Pager Number,
then press .
THEN2. Press to access Subscriber Options.
3. Enter your Security Code, then press .
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4. Press for Message Recall. (You must have new or saved
messages in your mailbox to proceed.)
5. Press to review new numeric and text messages.
OR 5. Press to review saved numeric and text messages.
OR 5. Press to select voice messages.
THEN 6. Press to review new voice messages
OR 6. Press to review saved voice messages.
SkyTalk Messages
When your handheld displays VOICE MESSAGE, you can phone into the 2-Way
System to listen to the recorded message.
1. Dial your Personal Access Number.
OR 1. Dial 1-800-SKYTEL-2 (1-800-759-8352), enter your SkyTel Pager
Number, then press .
THEN 2. Press to access Subscriber Options.
3. Enter your Security Code, then press .
4. Press to listen to new messages.
OR 4. Press to listen to saved messages (after listening to the message, the
system lists your options for the message).
THEN 5. Press to save the message for future reference (messages are
currently held for 72 hours).
OR 5. Press to delete the message from your mailbox.
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Need more information?
For more SkyTel 2-way system functions, please refer to the SkyTel 2-Way System
Map on the following pages. If you’re looking for instructions on operating your
handheld (button functions, etc.), refer to the manufacturer’s guide included with
your RIM handheld.
There are several ways to reach SkyTel Customer Service:
■Access the SkyTel Customer Service area on our website at www.skytel.com.
You’ll find a series of Frequently Asked Questions, plus you can change settings,
retrieve and forward your messages, download software and user guides, even
read the most recent copy of SkyLine, the SkyTel customer newsletter.
■Our Customer Service representatives can be reached by email at wireless-
■Our representatives will also be happy to answer your questions and assist you.
Call 1-866-SKY-1000 (1-866-759-1000) toll free, 24 hours a day, 7 days a week.
Thank you for choosing SkyTel.
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SkyTel 2-Way System Map
Using the SkyTel 2-Way Integrated Voice Response System (IVR) your callers can
reach you via telephone. They will have the option to leave numeric messages,
SkyTalk voice mail or Operator Dispatch messages, depending on your service
options. Callers dial your Personal Access Number or 1-800-SKYTEL-2 followed by
your SkyTel Pager Number (PIN).
The SkyTel 2-Way System also gives you access to your personal SkyTel mailbox. You
can access your messages through Message Recall and SkyTalk voice mail, record
your Personal Greetings, change your Security Code, even set up and maintain
message distribution lists.
The Main Menu
After your personal greeting, these are the options your callers hear.
To reach the Main Menu:
Dial your toll-free Personal Access Number OR Dial 1-800-SKYTEL-2 (1-800-759-
8352), enter your SkyTel Pager Number, then press
MAIN MENU_____________________________________________________________
Send a Numeric Message
Send a Voice Message
Dictate a Text Message
Access Messages & Subscriber Options
Confirming Message Status
Enter the Confirmation Number
General Help
NOTE: Options 2 and 3 only appear on the Main Menu if you subscribe to SkyTalk
and Operator Dispatch services, respectively.
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SkyTalk Menus
Send a Numeric or SkyTalk Voice Message
1. Dial the customer’s toll-free Personal Access Number,
OR 1. Dial 1-800-SKYTEL-2 (1-800-759-8352), enter the customer’s SkyTel
Pager Number, then press .
THEN 2. Press to send a numeric message. Enter the area code and phone
number to call. Press at the completion of the message,
OR 2. Press to send a SkyTalk voice message. Record your message. Press
at the completion of the message
The following diagram shows additional options for your message:
SKYTALK SEND MESSAGE OPTION MENU______________________________________
Send Message
To Mark a Message “Urgent”
Receive Confirmation Number
Wait for Confirmation
Review or Change Message
Future Delivery
Enter Date and Time
Add Recipient
Enter SkyTel Pager Number (or Distribution List Number)
if sending a message from within your mailbox
Attach Sender ID
Enter your SkyTel Pager Number
Mark Confidential
Cancel Message
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Review SkyTalk Voice Messages
While you’re reviewing your SkyTalk voice messages on the telephone, you have
several options. The following diagram outlines those options.
1. Dial your toll-free Personal Access Number,
OR Dial 1-800-SKYTEL-2 (1-800-759-8352), enter your SkyTel Pager Number,
then press .
THEN 2. Press , enter your Security Code, then press .
3. Press .
4. Press to access “Review Voice Messages.”
REVIEW VOICE MESSAGES MENU ____________________________________________
New Messages
Saved Message
Replay Message
Save Message
Send Message
Erase Message
Review Next Message
Redirect Message
The Mailbox Menu
The Mailbox Menu is your shortcut to all of the IVR features you’ll need for your
SkyTel account. From here, you’ll be able to review the messages sent to you, as
well as set up and change your subscriber preferences.
The Mailbox Menu is only available to SkyTel subscribers - you will be required to
enter your Subscriber Security Code to reach it.
1. Dial your toll-free Personal Access Number, then press ,
OR 1. Dial 1-800-SKYTEL-2 (1-800-759-8352), enter your SkyTel Pager Number,
then press .
THEN 2. Press , enter your Security Code, then press
1. Press .
Reply to Message
Send Message
Help
Go to Previous Menu
Skip Backward in Message
Skip Forward in Message
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SkyTel Service Options
The following options are available with BlackBerry by SkyTel service. To add an
option, please contact your SkyTel Sales Representative or call SkyTel Customer
Service at 1-866-759-1000.
■Personal Access Number. Add a personal toll-free number so your callers can dial
in to your SkyTel messaging services directly and hear your greeting - with no
additional numbers to remember! ($2.95 per month.)
■Corporate Access Number. Single-number toll-free access to all SkyTel text
subscribers in your company. Callers dial one number and dictate their message
to an operator who sends the message to the correct subscriber’s handheld.
(Inquire for rates.)
■SkyTalk® Voice Mail. With SkyTalk, you’ll enjoy the convenience of a full-featured
voice-mail system that integrates with your handheld. Callers can leave you a
detailed message, and the system alerts you instantly via your handheld. (Rates
start as low as $4.95 per month for 30 minutes.)
■Caller ID. With Caller ID, when you receive a numeric message or SkyTalk voice-
mail notification, you’ll see where the call is coming from right on your
handheld. ($4.95 per month plus one-time activation fee of $9.95.)
■Operator Dispatch. Allows callers to dictate a message to a SkyTel operator, who
then transmits the message to your handheld. (65¢ per 80-character block plus
one-time activation fee of $5.00.)
Mailbox Menu
Send Messages
Check Status of Messages Sent
Change to Another Mailbox
Send Message to a List/Group
Review Voice Messages
Page Recall
Review New Messages
Review Saved Messages
Select Voice Messages Only
Return to the Mailbox Menu
Review or change Subscriber Preferences
Record Name and Greeting
Security Preferences
Maintain Distribution Lists
Other Subscriber Preferences
Privacy Preferences
Deliverence Preferences
Message Replay Preferences
Sender ID Preferences
Return to the Mailbox Menu
General Help
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Terms & Conditions
IN THE EVENT THE ENCLOSED MESSAGING DEVICE (Device) IS BEING PROVIDED TO YOU BY SKYTEL CORP.
(Sk Tel) PURSUANT TO A SEPARATE AGREEMENT SIGNED BY SKYTEL, THE TERMS AND CONDITIONS OF SUCH
SEPARATE AGREEMENT SHALL CONTROL IN THE EVENT OF ANY CONFLICT WITH THE TERMS AND CONDITIONS
SET FORTH BELOW. Subject to the foregoing, the following Terms and Conditions (which are sometimes collectively referred to
herein as the Agreement) shall govern the rovision of wireless messaging services (Services) to You by SkyTel for use with the
Device. Any terms and conditions ro osed by You which are in addition to or which conflict with these Terms and Conditions (or the
terms and conditions of any se arate agreement signed by SkyTel relative to rovision of the Services) shall be of no force or effect. By
using the Services, You shall be deemed to have agreed to and acce ted these Terms and Conditions, exce t to the extent otherwise
rovided in any such se arate agreement signed by SkyTel relative to rovision of Services to You.
1. Term. The initial term of the Agreement shall be for the eriod as designated by You when activating the Service (Initial Term). U on
ex iration of the Initial Term, the term of the Agreement shall continue on a month-to-month basis and may be terminated by either arty
u on at least thirty (30) days advance written notice to the other. In the event You deactivate the Services during the Initial Term, You shall
ay to SkyTel, in addition to any other amounts due and owing to SkyTel, a lum sum fee equal to twenty-five ercent (25%) of the balance
of the aggregate monthly recurring airtime charges SkyTel would have been entitled to during the Initial Term had such Services not
been deactivated. Any term discounts extended to You by virtue of Your agreement to an Initial Term of one (1) year or more shall be a lied
only to the base monthly recurring airtime charges (i.e., term discounts are not a lied to overcall charges or charges for any o tional/
enhanced service features), and are conditioned u on Your ayment obligations to SkyTel remaining in current status. In the event
ayments become sixty (60) days or greater in arrears, SkyTel reserves the right to revoke the term discount on the un aid balance as
well as on all future charges.
2. Devices.
(a) You shall ay shi ing costs for any Device shi ed by SkyTel to You. Title to any Device rented from SkyTel shall remain in SkyTel
at all times. You shall return all rental Devices to SkyTel within thirty (30) days following deactivation of the Device or the termination
of the Agreement, whichever first occurs. You shall have full res onsibility for, and shall ay SkyTel for the re lacement cost of, any Device
rented from SkyTel that (i) is not timely returned to SkyTel in accordance with the foregoing, or (ii) subject to Section 2(b) below, is lost,
stolen or damaged.
(b) SkyTel shall re air or re lace, at no charge to You, any defective Device which is (i) rented from SkyTel or (ii) either urchased from
SkyTel or leased through Golden Eagle Credit Cor oration if such urchased or leased Device is covered by maintenance rotection
rocured through SkyTel; rovided, that SkyTel shall not be res onsible for the cost of re air or re lacement of any Device due to
intentional damage, misuse or abuse. You shall return to SkyTel any Device that is re laced in accordance with the foregoing within thirty
(30) days following recei t of the re lacement Device, and shall ay SkyTel for the re lacement cost of any such Device that is not timely
returned to SkyTel. SkyTel shall assist You in the re air of any urchased or leased defective Device which is not covered by maintenance
rotection, it being understood the cost of re air of any such Device will be subject to the a licable manufacturers warranty. SkyTel
shall also re lace, at SkyTels ex ense, any Device rented from SkyTel that is lost or stolen if You have elected to rocure loss rotection
through SkyTel for such Device rior to recei t thereof.
3. Fees and Charges. You shall timely ay all fees and charges accruing hereunder, including, without limitation, monthly recurring
fees (which are ayable in advance and not contingent u on usage) and a licable usage charges (which are ayable in arrears). SkyTel
shall bill You for such fees and charges on a monthly basis, with ayment being due within thirty (30) days following the date of SkyTels
invoice. Any balance not aid by such due date shall bear interest from and after the invoice date at the lesser of one and one-half ercent
(1
1
/2%) er month or the maximum rate of interest allowed by law. Amounts due and owing to SkyTel shall not be subject to offset or
reduction for any reason. If a licable, SkyTel shall be authorized to re are, rocess and negotiate credit card charge forms for any
credit card account designated by You in and for all fees and charges (including, without limitation, all recurring and non-recurring
fees and charges) ayable by You under the Agreement. All sales, use and other such governmentally im osed or authorized taxes, fees,
surcharges and/or assessments relating to this Agreement shall be aid by You. SkyTel reserves the right to modify the fees and charges
ayable hereunder; rovided, however, that (i) SkyTel may increase such fees and charges only u on at least thirty (30) days notice to
You, and (ii) SkyTel may not increase such fees and charges until ex iration of the Initial Term.
4. Disclaimer of Warranties and Limitation of Liabilities.
(a) SKYTEL, ITS EMPLOYEES, SALES AGENTS AND REPRESENTATIVES, MAKE NO WARRANTIES, EXPRESS OR IM-
PLIED, CONCERNING THE SERVICES, THE DEVICE OR THE MESSAGING NETWORK THROUGH WHICH THE SER-
VICES ARE PROVIDED, AND HEREBY EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. Under no circumstances shall SkyTel, its sales
agents or re resentatives be liable to You or any other erson for any loss, injury or damage, of whatever kind or nature, resulting from
or arising out of any mistakes, errors, omissions, delays or interru tions in the recei t, transmission or storage of any messages,
signals or information arising out of or in connection with the Services or use of the SkyTel wireless messaging network. WITHOUT
16
LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL SKYTEL, ITS EMPLOYEES, SALES AGENTS OR
REPRESENTATIVES BE LIABLE TO YOU OR ANY OTHER PERSON FOR INDIRECT, INCIDENTAL OR SPECIAL DAM-
AGES, LOST PROFITS, LOST SAVINGS OR ANY OTHER FORM OF CONSEQUENTIAL DAMAGES, REGARDLESS OF THE
FORM OF ACTION, EVEN IF SUCH PARTIES ARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
WHETHER RESULTING FROM ANY BREACH OF THIS AGREEMENT OR OTHERWISE.
(b) You acknowledge that the term Guaranteed Delivery (or terms of similar connotation), as used in conjunction with kyTels
advanced wireless messaging ervices, refers to certain technical functionality of the network and the ability of the network to repeatedly
deliver messages to a Device for a predetermined period until receipt is acknowledged, as well as the ability of the network to make
undelivered messages available for retrieval. You further acknowledge that kyTels use of any such term does not constitute a
representation or warranty, express or implied, regarding any of the ervices.
5. Term nat on. Upon the occurrence of an event of default, kyTel shall have the right to terminate the Agreement upon written notice
to You and the failure by You to cure such default within ten (10) days following receipt of written notice thereof. As used herein, the term
event of default shall mean (i) the failure by You to observe or perform in any material respect any of the covenants or agreements
contained herein; or (ii) Your insolvency, assignment for the benefit of creditors, appointment or sufferance of appointment of a trustee,
receiver or similar officer, or any voluntary or involuntary proceeding seeking reorganization, rehabilitation, liquidation or similar relief
under bankruptcy, insolvency or similar debtor-relief statutes. No termination of the Agreement will relieve You from any amount due and
owing to kyTel or any liability arising from any breach of the Agreement.
6. Informat on Serv ces. To the extent You utilize any information service which contains informational content and data (Licensed
Content) supplied through any third party unaffiliated with kyTel (a Content Provider), You agree: (a) that the Licensed Content is
the property of the Content Provider and its licensors and may be protected by copyright, and that You shall not acquire any proprietary
interest in the Licensed Content, (b) that the Licensed Content is presented solely for Your personal use, and that You shall not otherwise
republish, reproduce, rebroadcast, redistribute, resell, alter or modify any headline, information or other content contained in the
Licensed Content, and (c) that the Content Provider, its licensors, kyTel and its affiliates disclaim all warranties, including the implied
warranties of merchantability or fitness for a particular purpose, for the Licensed Content and that the Content Provider, its licensors,
kyTel and its affiliates disclaim all liability to You and any third party with respect to the Licensed Content, including, without limitation,
for any negligence or errors in procuring, editing, writing, reporting or delivering the Licensed Content, for any inaccuracies or errors
in or omissions from the Licensed Content, and for any indirect, incidental, consequential or special damages arising therefrom.
7. Not ces. All notices required or permitted hereunder shall be in writing, certified mail, return receipt requested, to kyTel at Post
Office Box 2469, Jackson, Mississippi 39225-2469, Attn: Customer ervice, and to You at the billing address designated by You in
establishing your account with kyTel.
8. M scellaneous. (a) The Agreement shall be governed by and construed in accordance with the laws of the tate of Delaware, without
regard to the principles of conflict of law; (b) if any provision of the Agreement shall be held to be illegal, invalid or unenforceable, such
provision will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the validity, legality and
enforceability of the remaining provisions shall not in any way be affected or impaired thereby; (c) no delay or failure by kyTel to enforce
any right under the Agreement will be deemed a waiver of that or any other right; (d) if any action shall be brought by kyTel on account
of any breach of or to enforce any of the terms, covenants or conditions of the Agreement, kyTel shall be entitled to recover from You,
as part of kyTels costs, a reasonable attorneys fee; (e) You may not assign or delegate Your obligations under the Agreement, either
in whole or in part, without the prior written consent of kyTel; (f) kyTel shall not be liable for any nonperformance under the Agreement
due to causes beyond its reasonable control that cannot be reasonably avoided or overcome; (g) the headings and captions used herein
are used for convenience only and are not to be considered in construing or interpreting the Agreement; and (h) no amendment to or
modification of the Agreement will be binding unless in writing and signed by both parties.
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