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Terms and Conditions

This document has changed as of: July 24, 1999
Please re-read it carefully!

Commerce Terms

All commerce plans require contracts to be signed by both parties. (click for contracts). All Credit Card laws and rules apply to all clients using net10 plan #1. Failure to adhere to these terms may result in cancellation of your Plan #1 account.

net10 does not allow the following types of products or services to be sold using net10's plan #1.

1. Mass Marketers.

2. Adult-rated products or content.

3. Mass E-mail types of business.

Acceptable Use Policy

1. Your account (unless otherwise arranged with the management) is a single user account. You may not share your account with others. You may not give your password to others. Corporate accounts must only be used by one individual at the company on a regular basis. Although we strongly discourage it, personal accounts may be shared by immediate family members residing in the same household so long as only one person uses the account at a time, and all limits and rules are observed by these users. The primary account holder is responsible for all usage on the account, and will be held responsible for abuse of the account by others. If you decide to let children under the age of 18 access your account, we strongly recommend that you supervise their usage.
2. Only one person may be logged into your account at any given time. Under NO circumstances may your standard dial-up account ever be used on two or more of our modems at the same time. Violation of this rule is grounds for immediate account termination with no warning, no second chances, and no refunds. We consider this to be fraud!
3. net10 may offer a special MPP account which grants the user the right, in a single user session, to use two or more standard modems together acting as one via a Multilink Protocol.
4. All dialup accounts (except dedicated customers) are subject to a 20 minute idle-timeout, and a 8-hour session limit, with no limit to the number of sessions so long as you do not exceed your total limit of hours for the month.
5. All dial-up accounts, unless otherwise instructed, are flat rate with no hourly charges. Please be aware that flat rate does not mean "dedicated" or "unlimited". You must not leave your computer connected when you are not actively using the system.
6. All dialup accounts currently include a free World Wide Web Home Page. You may use up to 40 MB of disk space. You may use this free web page for personal or corporate use.
7. You are expected to keep your password secret. Your password allows access to your private email messages and billing information. Giving your password to others who are not authorized to use your account is grounds for account dismissal with no refunds.
8. We do not sell services to people under the age of 18. You must be over 18 to have an account with our service. Users under 18 years of age MUST have their parent or guardian's consent to use their parent's account. Lying about whether you are 18 or not is grounds for account dismissal. We reserve the right to let users under the age of 18 continue with their existing account if they were activated before this rule was in effect.

Account Information

1. The Service Begin Date is the day on which net10 activates the Customer's account. The setup fees and first month fee, as outlined in net10's Registration Form, are refundable if the customer cancels within 30 calendar days of the Service Begin Date.
   This service period extends for 3 months (if paid quarterly) or by special commitment and is automatically renewed unless terminated by the Customer or net10. net10 reserves the right to change its fees at any time. Fee changes take effect at the time of renewal. net10 reserves the right to terminate any account in violation of any term of this agreement.
2. Payment is due by the date specified on the invoice we send you. This invoice will be sent by electronic mail, postal mail, or fax, at our discretion. You are expected to check your electronic mailbox regularly for notices from net10, including invoices. Payment is usually due on the twentieth day of the month but may vary. If payment is not received within seven (7) days (fifteen (15) days for Virtual Web Servers) of the due date your account will be suspended until payment arrives. THERE WILL BE NO EXCEPTIONS TO THIS POLICY! After 30 days, unpaid accounts will be completely deleted from our system (including Virtual Web Servers). Deleted accounts will incur a reactivation fee to reopen them equal to the current set up fee for that particular service on our price list. If you will be out of town when your next payment is due, let us know so we can make other arrangements.
3. Charges will be billed according to the price list currently in effect at the time. You may cancel your dialup account at any time unless you have participated in a term commitment. Normal accounts are billed quarterly, and unless otherwise stated all quarterly accounts may be cancelled at any time with a refund of any unused whole months. For term billing commitments, you are responsible for the entire length of the term. If you prepay for a year, there will be no refunds except under certain circumstances.
4. You will have 7 days from notification of price increases to terminate your account before the new rates are applied to your account. New services and options may be put into effect without advanced notice. Prices may be reduced at any time without advanced notice.
5. There will be a $15 service charge for all returned checks plus any applicable court costs or legal fees required to collect.

User Conduct on the Service

1. While using the Service, you:
1. may not restrict or inhibit any other user from using and enjoying the Internet;
2. may not post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation the U.S. export control laws and regulations;
3. may not post or transmit any information or software which contains a virus, cancelbot, Trojan horse, worm or other harmful component;
4. may not post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes (other than as expressly permitted by the provider of such information, software or other material);
5. may not upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder; or may not upload, post, publish, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect thereto, as the Service is copyrighted as a collective work under U.S. copyright laws.
6. may not use the Service to invade the privacy of third parties, impersonation of net10 personnel, transmitting via e-mail, USENET, chat service or the Member's personal web page or site, abusive, profane, libelous, slanderous, threatening or otherwise harassing material and posting material in any USENET or newsgroup that is off-topic according to the charter or other public statement of the USENET or newsgroup. Member also agrees not to use the Service to solicit other members to patronize competing services, not to violate or tamper with the security of the net10 Service or attempt to utilize another member's account name or persona without authorization from that member.
7. may not use the net10 service, net10's equipment or any net10 electronic mail address or net10 hosted service in connection with the sending of the same or substantially similar unsolicited electronic mail message or Usenet Newsgroup posting, whether commercial or not, to a large number of recipients. This prohibition extends to the sending of unsolicited mass mailings from another service which in any way implicates the use of the net10 Service, net10's equipment or any net10 electronic mail address or net10 hosted service. Any implication thereof by any mass mailing or posting of this type will be grounds for dismissal, regardless of the provable origin of the offending messages. A message is unsolicited if it is posted in violation of a USENET or newsgroup charter and/or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's e-mail address accessible to the public shall not constitute a request or invitation to receive messages.
8. may not use the net10 Service, net10's equipment or any net10 electronic mail address or net10 hosted service in connection with the transmission of the same or substantially similar unsolicited message to 50 or more recipients or 15 or more USENETs or newsgroups in a single day. For each day upon which this provision is violated, Member agrees to pay net10 damages to compensate for the lost goodwill such a violation causes. Member agrees to pay net10 US$10 per day for an unintentional violation of this provision, but where warranted, such as in the case of an accidental transmission, net10 may waive all or part of the applicable charge. In cases of willful violations of this provision, Member agrees to pay net10 US$200 per day. net10 at its sole discretion shall determine whether a violation was unintentional or willful. Payment by member under this provision shall not prevent net10 from seeking to obtain other legal remedies against member, including other damages or an injunction.
9. shall not maintain more than 10 MB of electronic mail storage for member and that Member is responsible for ensuring that the level of electronic mail storage remains below this 10 MB limit. Member expressly agrees that net10 shall not be liable to Member or parties interacting with Member for any damages resulting from action net10 takes to enforce this provision.
10. may not use to the net10 service to operate server programs, including, but not limited to mail servers, IRC servers, ftp servers or web servers. Member further agrees not to use the net10 service on a standby or inactive basis in order to maintain a connection. Automated electronic or mechanical processes employed to maintain a constant connection such as use of an auto-dialer, persistent checking of e-mail or "pinging" the host are expressly prohibited. Member agrees that net10 may terminate member's connection following twenty (20) minutes of inactivity as determined by net10. net10 will allocate system resources to provide the best possible service to all members. net10 reserves the right to limit, restrict or prioritize access to system resources, including cpu time, memory and disk space.
2. net10 has no obligation to monitor the Service. However, you agree that net10 has the right to monitor the Service electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers. net10 will not intentionally monitor or disclose any private electronic-mail message unless required by law. net10 reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement.
3. Member agrees that any personal web page or site Member publishes in connection with the net10 Service is intended for personal use. While other uses (e.g. commercial) are not prohibited, they may draw sufficient third party visits ("hits") to the page or site so as to impose a burden on the Service by reducing available bandwidth. To ensure that all Members can use and enjoy the Service, Member agrees that net10 is entitled to suspend or terminate access to any Member's web page or site if net10 determines that the page or site has, on any single day, received download traffic sufficient to cause access to the server to be impaired in net10's judgment. Member expressly agrees that net10 shall not be liable to Member or parties interacting with Member for any damages resulting from action net10 takes to enforce this provision.

net10's Rights

1. net10 reserves the right to terminate or refuse service to anyone for any reason, and at any time. If your account is terminated under a term payment plan, a partial refund may be given as long as the reason for termination was not a violation of these terms and conditions.
2. ANY violation of ANY of these terms and conditions may result in immediate account termination or suspension without prior warning. Certain violations (at net10's sole discretion) including (but not limited to) multiple logins, using the service in a non-interactive manner, or otherwise causing net10 to lose revenue (directly or indirectly) or causing extra administrative work for net10, will result in the account holder forfeiting any and all rights to any refund for unused service fees.
3. You are responsible for all actions you take or cause to be taken in connection with your use of the service. As a condition of service, you agree to indemnify and hold harmless net10 it's officers, employees, agents, and shareholders, for any cause of action out of use of your account or with your use of the service.
4. You, as the account holder, are responsible for all use of your account. If you share your password with a family member or other person (which we discourage), you are responsible for everything and anything they do with your account. If they break the law with your account, you are responsible. If they violate these terms and conditions, you are responsible. If you decide to let a family member use your account, please be sure you feel you can trust them to act responsibly.
5. While we do backup our system files, we DO NOT backup personal or business files uploaded to our server by our customers. This means that if you upload web pages or any other personal or business files to our system, you must keep a local backup of them on your machine. If we offer NT shell accounts to our customers, any files stored in your account will also be subject to this rule. Please backup your files, because we do not!

No Warranties

1. net10 does not warrant any connection to, transmission over, or the results of the use of any network connection. net10 assumes no responsibility for any damage, loss, or expense suffered by the Customer, including but not limited to loss of data, delays, non-deliveries, miss-deliveries, or service interruption caused by net10 or Customer error, omission, or negligence.
   Use of this service and any information obtained using this service is at the Customer's risk. net10 does not accept any responsibility of the accuracy of, quality of, or actions taken in response to the information obtained through its services.
2. THIS SERVICE IS PROVIDED AS-IS. USE AT YOUR OWN RISK. THERE ARE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. NET10.NET IS NOT RESPONSIBLE FOR HARDWARE OR SOFTWARE DAMAGE, LOSS OF WAGES, OR ANY OTHER FINANCIAL OR PERSONAL LOSS RESULTING FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. ANY LIABILITIES ARE STRICTLY LIMITED TO THE AMOUNT OF THE SERVICE FEE PAID FOR SERVICES RENDERED.
3. If any portion of this agreement is found to contradict federal, state, or local laws, the remaining portions will remain in full force until account termination. Any disputes with net10 will be governed by the laws and courts of the State of California.
4. We reserve the right to amend or change these terms and conditions at any time without prior notice.