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Read the NetZero Terms and Conditions and click on the I ACCEPT button below.


NetZero Services and NetZero Site Terms and Conditions

BY CLICKING ON THE "I ACCEPT" BUTTON AND DOWNLOADING OR USING ANY OF NETZERO SERVICES (INCLUDING, WITHOUT LIMITATION, THE NETZERO INTERNET ACCESS SERVICES, THE RELATED SOFTWARE, EMAIL SERVICES AND ANY SERVICES PROVIDED ON ANY OF THE WEB SITES MANAGED OR OWNED BY NETZERO (COLLECTIVELY, THE "NETZERO SERVICE OR SERVICES")), YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, GUIDELINES, LICENSE AGREEMENT AND PRIVACY STATEMENT.

IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, GUIDELINES, LICENSE AGREEMENT AND PRIVACY STATEMENT YOU SHOULD CLICK ON THE "I DECLINE" BUTTON AND DISCONTINUE YOUR USE OF THE NETZERO SERVICES. YOUR NETZERO ACCOUNT WILL NOT BE ACTIVATED OR YOUR SERVICE WILL BE TERMINATED, AS APPLICABLE.

PLEASE READ THESE NETZERO SERVICE AND NETZERO SITE TERMS AND CONDITIONS ("TERMS AND CONDITIONS"), THE ACCEPTABLE USE GUIDELINES FOR NETZERO SERVICES AND THE NETZERO SITE ("GUIDELINES"), THE NETZERO SOFTWARE LICENSE AGREEMENT ("LICENSE AGREEMENT") AND NETZERO'S PRIVACY STATEMENT ("PRIVACY STATEMENT") BEFORE REGISTERING FOR AN ACCOUNT WITH NETZERO, INC. ("NETZERO") OR USING THE NETZERO WEBSITE ("SITE"). THESE TERMS AND CONDITIONS, GUIDELINES, LICENSE AGREEMENT AND PRIVACY STATEMENT MAY ALSO BE REFERRED TO COLLECTIVELY AS THE RULES.

The Terms and Conditions, Guidelines, License Agreement and Privacy Statement may be found at the NetZero Site at: http://www.netzero.net/

If at any time you do not agree to be bound by these Rules and the scope of the NetZero Services you should immediately end your use of NetZero Services and return or destroy all copies of software provided by NetZero, including, if any, third party software distributed by NetZero. NetZero may change the Rulesand the scope of the NetZero Services in whole or in part, at any time without notice. Such changes will be posted on the NetZero Site and such posting will constitute notice to you. Links to the Rules can be found on the NetZero Site's Home Page, located at http://www.netzero.net/ Each time before using the NetZero Services, you agree to review changes to the Rules and, if any change is not acceptable to you, you agree to terminate use of NetZero Services. Your continued use of NetZero Services after the posting of any such change constitutes your acceptance of all the changes.

1.0 General
NetZero reserves the right to prohibit any conduct or to remove any materials or content in violation of the Rules or which NetZero believes in its sole discretion to be illegal or potentially harmful to others or may expose NetZero to harm or liability. NetZero may suspend or terminate your use of NetZero Services if it determines that you have failed to comply with any of the Rules. NetZero reserves the right to take or terminate the use of any user name or email address at any time.


2.0 NetZero's Obligations

  • NetZero Services. Subject to the Rules, and such other regulations that NetZero may adopt from time to time, NetZero will provide you with free Internet access services. NetZero retains the right to suspend or terminate use of the NetZero Service at any time for any reason, without notice, and nothing herein shall be construed to limit that right.

  • Collection and Use of Personal Information. NetZero will collect, store, compile and utilize information about you, your computer and your use of the NetZero Services including, without limitation, information regarding the Web sites you visit and information that you provide in response to NetZero questionnaires, surveys and registration forms. NetZero may provide this information to third parties including advertisers, clients, marketing organizations and others. However, NetZero will not disclose your name, address, telephone number, credit card number(s), email addresses or other personal identifying information, unless you give NetZero consent to do so or except as may be required by law. Please refer to the Privacy Statement for the NetZero privacy policies and information practices.

3.0 Your Obligations
  • Completion of NetZero Questionnaires, Surveys and Registration Forms. In exchange for NetZero providing the NetZero Services without charge, you agree to provide NetZero with accurate and complete information it may request, from time to time, through questionnaires, surveys and registration forms.

  • Minors. If you are less than 18 years old but older than 12 years old, you should obtain your parent's permission to use the NetZero Services. If you are less than 13 years old, you are not allowed to use the NetZero Service without providing NetZero with your parent's consent in the form required by NetZero. Parents may read further information and obtain the Parental Consent Form by going to our Privacy Statement section entitled "Special Notice to Parents About Children Under Age 13." If you are a parent permitting a minor to use NetZero Services, you agree to (i) exercise supervision over the minor's use of NetZero Services and access to the Internet, (ii) assume all risks associated with the minor's viewing of content received through use of NetZero Services and the minor's transmission of materials, content, or information to another person via the Internet, (iii) assume any and all liabilities resulting from the minor's use of NetZero Services and (iv) ensure to the fullest extent possible the accuracy and truthfulness of all information submitted by the minor in response to NetZero questionnaires, surveys and Registration Forms. NetZero provides information on the NetZero Site regarding parental control software available through various third party vendors, but you should know that such software is not completely effective in preventing minors' access to material that is unsuitable for children. NetZero does not endorse any of these third parties and makes no representation as to them or their software.

  • 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.

  • Other Charges. YOU ARE RESPONSIBLE FOR ANY AND ALL CHARGES RELATED TO YOUR USE OF NETZERO SERVICES, INCLUDING, BUT NOT LIMITED TO, ALL LOCAL AND/OR LONG DISTANCE TELEPHONE CHARGES INCURRED IN CONNECTION WITH THE YOUR USE OF NETZERO SERVICES. YOU ARE RESPONSIBLE FOR ALL AMOUNTS CHARGED BY YOUR TELEPHONE SERVICE PROVIDER FOR ALL CALLS YOU MAKE 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. You are also responsible for charges for any purchases made through use of NetZero Services and any surcharges incurred while using any supplemental services or features other than NetZero Services which apply a surcharge.

  • Bypassing or Disabling Any Portion of the NetZero Services or Software. If you bypass or disable any portion of the NetZero Services or software, including, without limitation, the blocking of cookies, or blocking the operation of the ZeroPort, or you attempt to circumvent NetZero's billing of you in any way, you are in violation of these Terms and Conditions and we may suspend or terminate your use of NetZero Services without notice. Termination of your NetZero Services will not excuse you from any criminal or other civil liabilities that may result from your actions. If your NetZero Services is terminated for any reason you will be unable to access any undelivered email messages in your NetZero email account.

  • Accessing NetZero Services. You are responsible for obtaining and maintaining, at your own expense, all input/output devices or equipment (such as modems, terminal equipment, computer equipment and software) and communications services (including, without limitation, long distance or local telephone services) necessary to access the NetZero Services and for ensuring such equipment and services are compatible with NetZero's requirements.

  • Use of your NetZero Account. You are responsible for all use of your NetZero Services and for the security of your login identification, your password and any security lock code that you use to protect access to your data, NetZero personal profile, your file name(s) and files, network and user access, and any information you disseminate through use of NetZero Services or through other Internet services. You may not transfer or permit any other person to use your NetZero account. You may not use more than one login session at a time, even if you maintain more than one NetZero account.

  • No Resale of NetZero Services and NetZero Site. The NetZero Services are for personal use of registered users only and may not be copied, resold, leased, transferred, exchanged or bartered. If you accessed the NetZero Services through a CD-ROM disc or diskette, you may give the disc or diskette to friends and family, but you may not sell it or copy it.

  • Transmission and Receipt of Content. NetZero exercises no control over the content of information passing through its network or equipment. Disputes may arise between you and others or between you and NetZero related to such content or commerce. 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 which result from, or which are related in any way to, the content of information that you transmit, re-transmit or receive through NetZero's network or equipment are your sole and exclusive responsibility.

  • Email. You may not incorporate a third party's trademark within your NetZero email address without permission of the trademark owner. Files attached to email messages may not exceed 5 megabytes and NetZero shall have no obligation to transmit files exceeding 5 megabytes attached to email messages transmitted to or from your account. Your mailbox account storage may not exceed 5 megabytes and NetZero shall have no obligation to allow your account to exceed 5 megabytes. Once your mailbox account storage reaches 5 megabytes you will not receive any additional email messages and NetZero may, without notice, terminate your NetZero email service and delete any or all email stored in your mailbox account. If your NetZero Services or NetZero email service is terminated you will be unable to access any undelivered email messages in your NetZero email account.

    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 email messages transmitted from your account. You agree to permit NetZero to include such messages or links in email messages you transmit and agree not to alter, obscure or remove such messages or links.

  • Links to Third Party Sites. The NetZero Site contains links to other sites on the Internet that are owned and operated by third parties. In some instances these sites are co-branded and the third parties are entitled to use NetZero's name and logo on these sites. NetZero does not control the information, products, or services on these third party sites. The inclusion of any link does not imply endorsement by NetZero of the site or any association with their operators. Because NetZero has no control over such sites and resources, you agree that NetZero is not responsible or liable for the availability or the operation of such external sites, for any material located on or available from any such sites, or for the protection of your privacy data by third parties. Any dealings with or participation in promotions of advertisers on our service, including the payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. You further agree that NetZero shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.

  • Indemnification of NetZero. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD NETZERO AND ITS SPONSORS, PARTNERS OR OTHER CO-BRANDERS AND AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES AND COSTS (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND COURT COSTS) (COLLECTIVELY, CLAIMS) ARISING OUT OF OR RELATING TO YOUR BREACH OF ANY OF THESE RULES OR USE (BY YOU OR ANY THIRD PARTY) OF NETZERO SERVICES THROUGH THE NETZERO ACCOUNT ASSIGNED TO YOU, EXCEPT TO THE EXTENT SUCH CLAIMS DIRECTLY RESULT FROM NETZERO'S OWN NEGLIGENCE. THE FOREGOING INDEMNIFICATION OBLIGATION SHALL SURVIVE ANY TERMINATION OF NETZERO SERVICES PROVIDED TO YOU.
4.0 Warranty Disclaimers
YOU ACKNOWLEDGE THAT NETZERO SERVICES ARE PROVIDED "AS IS, AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY WARRANTY WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE NETZERO SERVICES OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF NETZERO SERVICES OR THAT NETZERO SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NETZERO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE , MERCHANTABILITY OF COMPUTER PROGRAMS AND INFORMATIONAL CONTENT, INCLUDING ANY WARRANTIES CONCERNING YEAR 2000 COMPLIANCE OF SERVICES, PRODUCTS OR SOFTWARE SOLD OR OTHERWISE MADE AVAILABLE ON THIS SITE.

5.0 Limitation of NetZero's Liability
IN NO EVENT SHALL NETZERO BE LIABLE UNDER ANY SECTION OF THESE TERMS AND CONDITIONS OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, 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 ONE DOLLAR ($1.00) or any amounts actually paid in cash by you to NetZero, whichever is less. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE 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 Y2K Disclaimer
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NETZERO DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES REGARDING YEAR 2000 ISSUES OR COMPLIANCE AND NETZERO MAKES NO REPRESENTATIONS AND ASSUMES NO LIABILITY REGARDING WHETHER ANY OF THE SERVICES PROVIDED BY NETZERO ARE YEAR 2000 COMPLIANT. FOR FURTHER INFORMATION PLEASE SEE THE NETZERO Y2K DISCLOSURE POSTED ON THE NETZERO SITE.

7.0 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 the account of any subscriber who uses his or her 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 the infringing subscriber's account. NetZero may also in its sole discretion decide to terminate a subscriber's account privileges prior to that time if it has good faith belief that infringement has in fact occurred. In addition, pursuant to 17 U.S.C. � 512(c), NetZero has implemented procedures 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 we ask our subscribers to do the same.

If you believe that your copyright has been infringed through the use of a NetZero account, please contact Anthony DeToro, Esq. via mail at:

Anthony DeToro, Esq. - NetZero, Inc. 21301 Burbank Blvd, Woodland Hills, CA 91367.

8.0 Miscellaneous
  • Liability Limitation. NetZero shall not be liable for nonperformance or delay in performance caused by any reason, whether within or outside of its control.
  • Entire Agreement. These Rules (as may be modified by updated Rules on the NetZero Site) together constitute the sole agreement between NetZero and you respecting the subject matter hereof and fully supersede any and all other agreements, either oral or in writing. You acknowledge and agree that you have read the Rules and understand and accept their terms.
  • Legal Actions. These Rules will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of laws principles. The exclusive personal jurisdiction of and venue for all disputes arising out of these Rules shall be the state and federal courts located in Los Angeles, California, USA and you consent to such exclusive jurisdiction and waive all objections to such jurisdiction and venue.
  • Severability. If any provision of these Rules is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to comply with applicable laws, and the remainder shall remain in full force and effect.
  • No Waiver. Any failure of NetZero to enforce any provision of these Rules shall not constitute a waiver of any rights under such provision or any other provision of these Rules.

© Copyright 1998-2004 NetZero, Inc.



 
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