Terms and Conditions
This document has changed as of: July 24, 1999
Please re-read it carefully!
This Agreement is
between net10 and a Customer (as defined by the net10 Service Application Form)
for Internet services. Customers agree to abide by the following:
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.
Adult-rated products or content.
Mass E-mail types of business.
Acceptable Use Policy
Please read this carefully. Failure to adhere to
these terms may result in cancellation of your account. Similar restrictions are used by
all Internet Service Providers.
net10 understands that using the Internet "properly"
(as defined by the Internet community generally) can be very unclear and confusing. It is
certainly not our goal to punish someone for not fully understanding how the Internet
works. Instead, our goal is to help you use the Internet most effectively, and to be able
to take action against the few individuals who purposefully and repeatedly abuse the
If you are new to the Internet and do not fully understand these
points, please call net10 (707) 575-3341.
Following are the terms and conditions for use of Internet services
provided by net10. By using your account you agree to be bound by these terms--Please
read them carefully! We reserve the right to change this agreement at any time without
IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DISCONTINUE USE OF YOUR
ACCOUNT IMMEDIATELY AND CONTACT NET10.NET TO CANCEL YOUR ACCOUNT.
Please read this entire document all the way through, even if you've
already read it in the past.
- 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.
- 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
- 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.
- 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.
- 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.
- 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.
- 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
- 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
- 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
- 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
- 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
- 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.
- 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
- While using the Service, you:
- may not restrict or inhibit any other user from using and enjoying
- 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;
- may not post or transmit any information or software which contains a
virus, cancelbot, Trojan horse, worm or other harmful component;
- 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);
- 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.
- 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
- 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
- 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.
- 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.
- 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.
- 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.
- 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
- 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.
- 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.
- 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.
- 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.
- 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
- 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.
- 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.
- 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.
- We reserve the right to amend or change these terms and conditions at
any time without prior notice.