ALL OF THE ABOVE ARE REFERRED TO COLLECTIVELY AS THE “RULES.”

FOR SUBSCRIBERS TO THE NETZERO TALK/TEXT/DATA, MOBILE BROADBAND OR HOME WIRELESS BROADBAND SERVICES (COLLECTIVELY, THE “WIRELESS SERVICES”) AND VPN SERVICES, YOUR AGREEMENT IS WITH NETZERO WIRELESS, INC. FOR SUBSCRIBERS TO OTHER NETZERO SERVICES, YOUR AGREEMENT IS WITH NETZERO, INC. COLLECTIVELY, NETZERO WIRELESS, INC. AND NETZERO, INC. ARE “NETZERO” AS THAT TERM IS USED IN THESE TERMS OF SERVICE.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION, INCLUDING THE ARBITRATION CLAUSE IN SECTION 8, WHICH REQUIRES YOU TO RESOLVE ANY DISPUTES THROUGH INDIVIDUAL ARBITRATION, RATHER THAN BY JURY TRIALS OR CLASS ACTIONS. IF YOU DO NOT AGREE TO BE BOUND BY ANY PROVISION OF THE RULES, YOU MUST DISCONTINUE YOUR USE OF THE NETZERO SERVICES, UNINSTALL ANY NETZERO SOFTWARE AND TERMINATE YOUR ACCOUNT.

The most current version of the Rules may be found at http://www.netzero.net/ (the “NetZero Site”). Please review the Rules at the NetZero Site prior to accessing the NetZero Services as the Rules may have changed since the date of production of this version of the Terms of Service. NetZero may change the Rules and the scope of the NetZero Services, in whole or in part, at any time. Posting of the updated Rules at the NetZero Site will constitute notice to you of any such changes, although NetZero may choose other types of notice for certain changes. Changes will be effective upon notice, although NetZero will use reasonable efforts to provide you with thirty (30) days’ advance notice of material changes that adversely impact you; provided, however, advanced notice may not be given for changes related to governmental fees or proportional charges for governmental mandates. Your continued use of the NetZero Services following notice constitutes your acceptance of all changes, and each use of the NetZero Services constitutes your reaffirmation of your acceptance of the Rules. If you do not agree to changes to the Rules or the scope of the NetZero Services, your sole and exclusive remedy will be to terminate your account and use of NetZero Services and uninstall any NetZero Software (as defined below), although if you have a prepaid account or a minimum term commitment you will not have the right to terminate your account and your use of the NetZero Services unless the change is material and adverse to you.

When signing up for one of our Wireless Services, DSL broadband services (“DSL”) or our VPN service, you will be provided with, or you may already have, a free or billable, dial-up access account including a NetZero email address. Such account and email address and the terms controlling that account and email address are governed by these Terms of Service. Our DSL, Wireless Services and VPN services, including in some cases the billing, provisioning, installation, devices, and delivery of such services, are provided by one or more third parties and NetZero contracts with such third parties to provide such services on its behalf. All references to NetZero in these Terms of Service including, without limitation, the indemnification provisions and limitations on liability, shall also apply to the third parties with whom NetZero contracts to provide you with NetZero Services and such third parties shall be entitled to all of NetZero’s rights hereunder.

1.0 General

Location. Our third party carriers may collect information about the approximate location of your device in relation to our cell towers and the Global Positioning System (“GPS”). They may use that information, as well as other usage and performance information also obtained from their networks and your device, to provide you with wireless voice and data services, and to maintain and improve their networks and the quality of your wireless experience. They may also use location information to create aggregate data from which your personally identifiable information has been removed or obscured. Such aggregate data may be used for a variety of purposes such as scientific and marketing research and services such as vehicle traffic volume monitoring. It is your responsibility to notify users on your account that this location information from devices may be collected and used.

 
2.0 Your Obligations
 

For regular voice calls in the Talk/Text/Data services, we round up partial minutes of use to the next full minute. Time starts when you press “Talk” or your device connects to the network and stops when you press “End” or the network connection otherwise breaks. You’re charged for all calls that connect, even to answering machines, voicemail, or voice transcription services. You won’t be charged for unanswered calls or if you get a busy signal. For incoming calls answered, you’re charged from the time shortly before the device starts ringing until you press “End” or the network connection otherwise breaks. Call time data displayed on your device may be inaccurate and may not be relied upon for determining charges to your account. Call time for a single call may be subject to a maximum duration and may be automatically terminated if the maximum duration is exceeded.

Subject to any applicable law, fees and charges for NetZero Services are non-refundable unless the pricing terms for the applicable NetZero Service expressly says otherwise. NetZero may provide a thirty (30) day money back guarantee for its DSL Service (see your service plan description). If your DSL plan includes a money-back guarantee, your thirty (30) day money-back guarantee begins upon the date NetZero begins billing you for the DSL service. During this thirty (30) day period you may cancel the DSL service and receive a full refund of the monthly charge you have actually paid to NetZero as well as any activation charges paid to NetZero; provided, however, in order to receive your refund you must return all Equipment to NetZero in good working condition within thirty (30) days of termination. NetZero will provide you with a pre-paid mailing label and instructions for the return of your Equipment. In the event you fail to return the Equipment within thirty (30) days, you will be unable to receive your refund. Early termination fees will not apply to DSL service terminated within the thirty (30) day money-back guarantee period. The thirty (30) day money-back guarantee does not apply to customers who change between monthly, annual, bundled or other DSL service pricing plans and does not apply to registrations with free introductory periods. The money-back guarantee is limited to one per subscriber per address.

You must provide a valid method of payment (i.e. PIN code, credit card, checking account, etc., depending on the type of NetZero Service) prior to and during any times you receive billable NetZero Services. For continuous service plans with recurring payments, you are responsible for keeping all of your billing information, including your payment method, up to date. You expressly authorize NetZero (or third parties acting on behalf of NetZero) to charge all NetZero subscription fees and other charges, including payment transaction fees for certain payment methods, to the payment method you have designated. You acknowledge and agree that NetZero will not obtain any additional authorization from you for any recurring payments or automatic billing options. If you have any billing-related questions or want to stop a recurring payment from being charged to your designated payment method, call our toll-free billing support number (1-866-841-1442). Some fees that you may incur using the NetZero Services may accumulate on your NetZero account before they are charged to your designated payment method. Set up fees, activation fees, installation fees, other non-recurring fees, and Equipment charges, if applicable, will be included in your first month’s bill. NetZero will assess a late fee of 1.5% per month (or the highest amount permissible by law, whichever is less) if your payment is more than thirty (30) days past due. You will be liable for any fees NetZero incurs in its efforts to collect any unpaid balances from you. ANY BILLING PROBLEMS OR DISCREPANCIES MUST BE BROUGHT TO NETZERO’S ATTENTION BY YOU WITHIN ONE HUNDRED (100) DAYS FROM THE DATE YOU ARE BILLED. IF YOU DO NOT BRING THEM TO NETZERO’S ATTENTION WITHIN ONE HUNDRED (100) DAYS, YOU AGREE THAT YOU WAIVE YOUR RIGHT TO DISPUTE SUCH PROBLEMS OR DISCREPANCIES WITH NETZERO. NetZero may suspend or terminate your use of the NetZero Services if you fail to provide a valid designated payment method upon request, or if NetZero is unable for any reason to bill charges to your designated payment method.

For monthly subscribers on continuous plans with recurring payments, your NetZero Service will typically be billed on the same day each month based on the date you register for your service, unless you are notified otherwise by NetZero. For example, if you register for service on the 15th of the month, you will be billed on (or shortly after) the 15th each subsequent month for service. Note that if you register on the 29th, 30th, or 31st of the month, your billing date will be the 1st of the month. For multi-month subscribers (i.e. annual and semi-annual), your NetZero Service will be billed on the same day of the month at the prescribed renewal period. Billing for your dial-up or VPN NetZero Service will automatically begin upon registration of your service. Billing for the first month of your NetZero DSL service will be prorated based on the date provisioning of your service is complete and ready for use (“Service Ready Date”). Please note that the Service Ready Date is not determined by the date you install and/or initially use the DSL service, but rather the date such service is provided to your location by NetZero’s service provider. When you purchase your NetZero Wireless Services Equipment directly from NetZero, billing for the first month of your Wireless Service will be prorated based on the estimated arrival of your Wireless Services Equipment. Please note that the first month’s prorated bill is not determined by the date you install and/or initially use the Wireless Service, but rather the date Equipment is expected to arrive. If you are an existing NetZero pay customer and you sign up for a new NetZero Service with a recurring payment, the term and fee for the first period of your new NetZero Service will be pro-rated to coincide with your current billing cycle.

If you are purchasing a VPN, dial-up or DSL Internet access service plan, at the end of any free or discounted period, if applicable, and at the end of each plan term, you will be automatically renewed into and charged for the same plan at the then current price unless you select a different plan or cancel your service. If you are purchasing a Wireless Services continuous service plan with recurring payments, (i) access to the free service for mobile broadband, if available in your area, terminates on the date specified when you initially signed up for this free service and may not be renewed, and (ii) at the end of any discounted period, if applicable, and at the end of each plan term, you will be automatically renewed into and charged for the same plan at the then current price unless you select a different plan or cancel your service.

You are responsible for all fees and charges incurred, including applicable taxes and purchases made by you or anyone you allow to use your account, including your children and other members of your family. This means that, unless your account or payment method information is obtained unlawfully or fraudulently by someone other than those authorized to use your account, you will be responsible for all usage and purchases under your account.

YOU ARE RESPONSIBLE FOR ALL AMOUNTS CHARGED BY NETZERO AND BY YOUR TELEPHONE SERVICE PROVIDER FOR ALL CALLS YOU MAKE, INCLUDING CALLS TO NETZERO’S CUSTOMER SUPPORT LINES. CHECK WITH YOUR LOCAL TELEPHONE SERVICE PROVIDER TO DETERMINE WHETHER THE ACCESS TELEPHONE NUMBERS YOU USE TO ACCESS THE NETZERO SERVICES ARE PROVIDED AT NO CHARGE BY YOUR TELEPHONE SERVICE PROVIDER. FOR DIAL-UP SERVICE, BY ACCEPTING THE ACCESS NUMBERS DURING THE REGISTRATION PROCESS OR USING ACCESS NUMBERS YOU MAY OTHERWISE SELECT, YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ALL TELEPHONE CHARGES RELATED TO ACCESSING OUR SERVICES, AND NETZERO WILL NOT REIMBURSE YOU FOR ANY SUCH CHARGES INCLUDING LONG DISTANCE OR TOLL CHARGES. UNLESS YOUR PLAN PROVIDES OTHERWISE, YOU WILL BE CHARGED A FEE FOR CALLS TO NETZERO TECHNICAL SUPPORT.

If your NetZero Service plan is time-metered (meaning that you have a set number of hours during which you may utilize the service each month), you will be responsible for paying any per minute charges imposed by NetZero for exceeding your monthly allotment of hours. Use of the NetZero Service for time-metered plans is measured in minutes and is rounded up to the next whole minute.

You may obtain pricing information for supplemental services or features, as well as answers to common billing questions by going to the NetZero Site.

Under your Wireless Services plan, your data usage will be deducted from your plan’s available data allocation. Unused data expire at the end of each monthly billing cycle or such other time period as specified in your plan (e.g., after thirty (30) days from date of PIN code activation). If you are on a continuous service plan and you use your allocation of data before the end of the data expiration date, you may (i) purchase an additional data allocation through our top-up service to continue using the Wireless Services during the current billing cycle (top-up data allocations are good for thirty (30) days from date of purchase), (ii) upgrade your plan, or (iii) wait until the beginning of the next billing cycle to have access to the Wireless Service. If you are on a PIN activated service plan and you use your allocation of data before the end of the data expiration date, you may purchase an additional data allocation with a valid credit card or with a new PIN code through our top-up service (top-up data allocations are good for thirty (30) days from date of PIN code activation). Under the mobile broadband free service plan, if available in your area, you will be allocated a certain amount of data usage per month with your purchase of Equipment (see your plan description for more information). Your right to access to this free service plan terminates on the date specified when you initially signed up for this free service and may not be renewed.

Registration Information. You must register for NetZero Services using your own name. During registration, you will be asked to provide the name or number you wish to use as your login identification. If the login identification you request is not available you will be asked to supply another login identification. NetZero reserves the right to verify the accuracy of the information you submit in connection with your registration for NetZero Services (including, without limitation, performing cross tabulations with external databases) and you hereby consent to NetZero’s verification of such information.

You agree that NetZero is not liable for User Generated Content that is provided by others. NetZero has no duty to pre-screen User Generated Content, but NetZero has the right to refuse to post, edit, or deliver submitted User Generated Content. NetZero reserves the right to remove User Generated Content for any reason, but is not responsible for any failure or delay in removing such material. NetZero reserves the right to block any user’s access to any content, web site or web page in its sole discretion. You are responsible for any content you post to the NetZero Services, and the consequences for sharing such content.

Disputes may arise between you and others or between you and NetZero related to content or commerce, including User Generated Content. Such disputes could involve, among other things, the use or misuse of domain names; the infringement of copyrights, trademarks or other rights in intellectual property; defamation; fraud; the use or misuse of information; and problems with online auction or commerce transactions. You agree that all claims, disputes or wrongdoing that result from, or are related in any way to, the content of information that you post, transmit, re-transmit or receive through the NetZero Services, NetZero’s network or NetZero’s equipment are your sole and exclusive responsibility.

You agree that NetZero is not responsible for any email or attachments that are blocked or deleted for any reason and that you have no right, and NetZero has no obligation, to retrieve or access any such deleted or blocked email or attachments. You agree that NetZero is not responsible for any email or attachments that it fails to block or delete, even if such e-mail or attachments contain viruses or are otherwise harmful to your computer.

You may not incorporate a third party’s trademark within your NetZero e-mail address without permission of the trademark owner. Without limiting the generality of NetZero’s rights as set forth in these Terms of Service, NetZero reserves the right to change your e-mail address and associated member identification if, in NetZero’s sole discretion, it is inappropriate or infringes on the rights of a third party.

NetZero may, from time to time, place a message and or a hypertext link geared to promoting the benefits of NetZero Services or a third party sponsor in the footer location of outgoing e-mail messages transmitted from your account. You agree to permit NetZero to include such messages or links in e-mail messages you transmit, and agree not to alter, obscure or remove such messages or links.

 
3.0 Termination and Cancellation
 

Either you or NetZero may terminate or cancel your account at any time. Except as specified herein, you will not be entitled to a refund. Other than to receive a return of refundable amounts as further described herein, cancellation is your sole remedy with respect to any dispute with NetZero. This includes, but is not limited to, any dispute regarding the NetZero Services, the Rules and the enforcement or interpretation of the Rules, NetZero’s policies and practices including our Privacy Policy, your ability to access the NetZero Services, the content available on the NetZero Services, and any matters relating to billing. You can cancel your NetZero Services by following the instructions on the NetZero Site. The NetZero Site will contain a current customer service phone number.

 
4.0 Warranty Disclaimers
 

THE ONLY WARRANTY BEING MADE ABOUT THE EQUIPMENT IS THE MANUFACTURER’S EXPRESS LIMITED WARRANTY SET FORTH ABOVE. NETZERO DISCLAIMS ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, AVAILABILITY, NON-INTERFERENCE WITH YOUR ENJOYMENT OF THE EQUIPMENT, OR NON-INFRINGEMENT.

ANY STATEMENTS MADE IN ANY PACKAGING, MANUALS, OR OTHER DOCUMENTS NOT EXPRESSLY INCORPORATED HEREIN, AND ANY STATEMENTS MADE BY ANY NETZERO EMPLOYEES OR REPRESENTATIVES, ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND NOT AS REPRESENTATIONS OR WARRANTIES OF ANY KIND BY NETZERO. NETZERO DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON ITS BEHALF, AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE EQUIPMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU, IN WHOLE OR IN PART.

 5.0 Limitation of NetZero’s Liability
 

IN NO EVENT SHALL NETZERO OR ITS THIRD PARTY SERVICE PROVIDERS BE LIABLE UNDER ANY SECTION OF THESE TERMS OF SERVICE OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT NETZERO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. NETZERO SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY AND IN NO EVENT SHALL NETZERO’S LIABILITY TO YOU EXCEED THE GREATER OF ONE DOLLAR ($1.00) OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU TO NETZERO FOR THE APPLICABLE SERVICE FOR THE PRIOR MONTH. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE RULES OR OUT OF THE NETZERO SERVICES MAY BE BROUGHT BY YOU OR NETZERO MORE THAN ONE (1) YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION HAS OCCURRED. Some jurisdictions do not allow a limitation on liability for negligence that causes death or personal injury and, in such jurisdictions, NetZero’s liability shall be limited to the greatest extent permitted by law.

6.0 Policy to Terminate Use of Services for Copyright Infringement

Pursuant to 17 U.S.C. § 512 as amended by Title II of the Digital Millennium Copyright Act, NetZero will terminate your account if you use your account privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so. After proper notification by the copyright holder or its agent to NetZero and later confirmation through court order or an admission by the subscriber that an account has been an instrument of unlawful infringement, NetZero will terminate your account. NetZero may also, in its sole discretion, decide to terminate your account privileges prior to that time if it has good faith belief that infringement has occurred. NetZero will also terminate your account if you are deemed to be a repeat infringer. A repeat infringer is a subscriber who has been notified of infringing activity more than twice and/or has had User Generated Content removed from the NetZero Site or NetZero Services more than twice. In addition, pursuant to 17 U.S.C. § 512(c), NetZero has implemented procedures as set forth herein for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. NetZero respects the intellectual property of others, and asks its subscribers to do the same.

If you believe that your copyright has been infringed through the use of a NetZero account or the NetZero Services, please contact NetZero’s Copyright Agent in writing at:

Copyright Agent:
Anthony De Toro, Esq. – NetZero, Inc.
21255 Burbank Boulevard,
Woodland Hills, CA 91367
Fax: (818) 287-3010

You must provide NetZero with all the information requested on the attached Notification of Infringement. The information requested is intended to substantially conform to the requirements set forth in the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (c)(3)(A). NetZero therefore requires from you:

Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with the provisions above shall not be considered sufficient notice and shall not be deemed to confer upon NetZero actual knowledge of facts or circumstances from which infringing material or acts are evident.

 
7.0 Software Licenses
 

 
8.0 Dispute Resolution
 

This section describes what rights you and NetZero possess if you and NetZero have a dispute.

 
9.0 Miscellaneous
 

 
10.0 How to Contact NetZero
 

A list of ways to contact NetZero is available at /support-home-page/contact-us/.