NETZERO, INC. NetZero Services Terms and Conditions PLEASE READ THESE TERMS AND CONDITIONS ("TERMS AND CONDITIONS"), THE ACCEPTABLE USE GUIDELINES FOR NETZERO SERVICES ("GUIDELINES") AND NETZERO'S PRIVACY STATEMENT ("PRIVACY STATEMENT")BEFORE ACTIVATING AN ACCOUNT WITH NETZERO, INC. ("NETZERO") FOR DIAL-UP INTERNET ACCESS SERVICES ("NETZERO SERVICES"). THESE TERMS AND CONDITIONS AND THE GUIDELINES GOVERN YOUR USE OF NETZERO SERVICES, INCLUDING WITHOUT LIMITATION COMPUTING, TELECOMMUNICATIONS AND INFORMATION SERVICES, PROVIDED BY NETZERO. BY CLICKING ON THE "ACCEPT" BUTTON AND DOWNLOADING AND/OR USING NETZERO SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND THE GUIDELINES. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU SHOULD CLICK ON THE "DECLINE" BUTTON AND YOUR ACCOUNT WILL NOT BE ACTIVATED. The Guidelines, the Software License Agreement for NetZero Software (the "License Agreement") and the Privacy Statement may be found at http://www.netzero.net/. If at any time after activation of Your account for NetZero Services. You do not agree to be bound by these Terms and Conditions, You should immediately end Your use of NetZero Services and NetZero software and return or destroy all copies of software provided by NetZero, including third party software distributed by NetZero. NetZero may change these Terms and Conditions, the Guidelines and License Agreement and the Privacy Statement at any time. Such changes and their effective date will be posted on the NetZero website at http://www.netzero.net/ and/or NetZero will attempt to notify You of these changes through other means. You agree to review changes to these Terms and Conditions, the Guidelines, the License Agreement and the Privacy Statement and if any change is not acceptable to You, You agree to terminate use of NetZero Services and the software provided by NetZero. Your continued use of NetZero Services and/or NetZero software after the effective date 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 these Terms and Conditions, the Guidelines, the License Agreement or which NetZero believes in its sole discretion to be illegal or potentially harmful to others or may expose NetZero to liability. NetZero may suspend or terminate NetZero Services provided to You if it determines that You have failed to comply with any of these Terms and Conditions, the Guidelines or the License Agreement. 2.0 NetZero's Obligations * NetZero Services. NetZero will provide NetZero Services to You without charge, subject to Your compliance with these Terms and Conditions, the Guidelines and the License Agreement. * Collection and Use of Personal Information. In connection with providing NetZero Services, NetZero will collect information about You. NetZero will collect data about Your usage of NetZero Services. In addition, NetZero will collect information that You provide in response to NetZero questionnaires and surveys. NetZero may provide the information and data it collects about You (including information about Your computer system and platform) to third parties, including advertisers, clients, marketing organizations and others, that NetZero may select. However, NetZero will not disclose any personal identifying information about You such as Your name, address, telephone number, credit card number(s), e-mail addresses, or other personal and confidential information, unless You specifically request NetZero to do so or except as may be required by law. NetZero will not collect information regarding software programs, utilities or other materials that reside on Your computer(s). 3.0 Your Obligations * Completion of NetZero Questionnaires and Surveys. In exchange for NetZero providing NetZero Services without charge, You agree to provide NetZero with accurate and complete information it may request, from time to time, through questionnaires and surveys. * Minors. You must be eighteen (18) years or older. If You are the parent or legal guardian of a minor, You may authorize the minor's use of NetZero Services, in which case NetZero will assign the minor a separate account for NetZero Services. By authorizing a minor's use of 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 and surveys. * 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 may wish 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 charges related to use of Your NetZero Services account, including 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. You are responsible for all amounts charged by Your telephone company for all calls You make to NetZero's customer support lines and to access NetZero Services. If You bypass or disable any portion of the NetZero software, then You will be assessed, and You agree to pay NetZero, a monthly fee of $59.95 for as long as You maintain an account for NetZero Services. Payment of this fee will not however excuse any criminal or other civil liabilities that may result from Your actions or limit NetZero's right to suspend or terminate NetZero Services. * 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 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 account and for the security of Your login identification, Your password and any security lock code that You use to protect access to Your data, 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 account for NetZero Services. You may not use more than one login session at a time, even if You maintain more than one account for NetZero Services. * No Resale of NetZero Services. NetZero Services are for personal use of registered members only and may not be resold, leased, used for sale, exchange, barter, or otherwise. The rights granted to You and NetZero Services provided pursuant to these Terms and Conditions may not be assigned or transferred to any other person or to any other locations. * Transmission and Receipt of Content. NetZero exercises no control whatsoever over the content of information passing through its network or equipment. It is foreseeable that disputes may arise between You and others or between You and NetZero related to such 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 and the use or misuse of information. 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. NetZero may, from time to time, place a message and or a hypertext link geared to promoting the benefits of NetZero Services, 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. Further, files attached to email messages may not exceed 3_mb; accordingly, You acknowledge and agree that NetZero shall have no obligation to transmit files exceeding 3_mb attached to email messages transmitted from your account. Your mailbox account may not exceed 3 mb; accordingly, You acknowledge and agree that NetZero shall have no obligation in allowing Your account to exceed 3 mb. * Indemnification of NetZero. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD NETZERO AND ITS 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 TERMS AND CONDITIONS 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 THESE TERMS AND CONDITIONS OR 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 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 TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 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 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 HUNDRED DOLLARS ($100.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU OR NETZERO MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED. 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 Miscellaneous * Force Majeure. NetZero shall not be liable for nonperformance or delay in performance caused by any event its beyond its reasonable control including, but not limited to wars, hostilities, revolutions, riots, civil commotion, national emergency, strikes, lock-outs, unavailability of supplies, epidemics, fire, flood, earthquake, force of nature, explosion, embargo, or any other Act of God, any law, proclamation, regulation, ordinance, or other act or order of any court, government or governmental agency or delays, unavailability, errors or other failures of the Internet or other data networks. * Entire Agreement. These Terms and Conditions, the License Agreement and the Guidelines (the terms of which are hereby incorporated by reference) 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 these Terms and Conditions, the License Agreement and the Guidelines and understand their terms. * Legal Actions. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of laws principles. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. The exclusive personal jurisdiction of and venue for all disputes arising out of these Terms and Conditions shall be the state and federal courts located in Los Angeles, California, USA and You consent to such jurisdiction and waive all objections to such jurisdiction and venue. * Severability. If any provision of these Terms and Conditions is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to effect the original intentions of the parties, and the remainder of these Terms and Conditions shall remain in full force and effect. * No Waiver. Any failure of NetZero to enforce any provision of these Terms and Conditions shall not constitute a waiver of any rights under such provision or any other provision of these Terms and Conditions. 7.0 How to Contact Us Specific questions about these Terms and Conditions should be directed to: support@netzero.net. A list of ways to contact NetZero is available at http://www.netzero.net/. Please see important information about the nature of content on the Internet, the risks You accept by Your use of NetZero Services and limitations on NetZero's liability contained in the Guidelines and the License Agreement. Privacy Statement for NetZero NetZero, Inc. has created this privacy statement in order to demonstrate our firm commitment to privacy. NetZero is affiliated with TRUSTe, an independent, non-profit, privacy initiative that requires participating Web sites and services to disclose their online information gathering and dissemination practices. Through TRUSTe and its own initiatives, NetZero will be an aggressive and consistent advocate of policies and practices that ensure privacy protection. The following discloses our information gathering and dissemination practices for our service. Our Service implements our own unique technology we call User Profiling. This technology builds a database of the types of sites you visit while you're online. This information is ultimately stored in the form of categories not specific URL's, for example ESPN SportsZone would be classified as a sports site, E-Trade would be classified as a Financial Site and so on. We use your IP address to help diagnose problems with our server, software, and to administer our Web site. Our registration form requires users to give us contact information (like their email address) and demographic information (like their zip code, age, or income level). We use customer contact information from the registration form to send the user information about our company. The customer's contact information is also used to contact the user when necessary. Users may opt-out of receiving future mailings; see the delete/deactivate section below. Financial information and demographic and profile data is also collected by our service. We use this data to tailor the visitor's experience of our service, showing them ads, and content that we think they might be interested in, and displaying the ads and content according to their preferences. This information is shared with advertisers on an aggregate basis. Our surveys ask visitors for contact information and demographic information (like their zip code, age, or income level). We use contact data from our surveys to send the user information about our company and promotional material from some of our partners. The customer's contact information is also used to contact the visitor when necessary. Users may opt-out of receiving future mailings; see the delete/deactivate section below. Demographic and profile data is also collected by our service. We use this data to tailor our visitor's experience with our service, showing them ads and content that we think they might be interested in, and displaying the ads and content according to their preferences. This information is shared with advertisers on an aggregate basis. We run contests on our service in which we ask visitors for contact information and demographic information (like their zip code, age, or income level). We use contact data from our contests to send users information about our company. The customer's contact information is also used to contact the visitor when necessary. Users may opt-out of receiving future mailings; see the delete/deactivate section below. Demographic and profile data is also collected at our site. We use this data to tailor our visitor's experience at our site, showing them content that we think they might be interested in, and displaying the content according to their preferences. This information is shared with advertisers on an aggregate basis. We use an outside ad company to display ads on our service. Ads may contain cookies, and appear to be coming from our service, but in reality they are coming from our partners who are serving ads on our service. Our site does not use cookies. We do not have access to any information about you from cookies you might receive while visiting our site. Some customer data is shared with the advertising companies. Opt-Out Our service provides users the opportunity to opt-out of receiving communications from us and our partners at the point where we request information about the visitor. Our site, http://www.netzero.net, and service contain links to other sites. NetZero is not responsible for the privacy practices or the content of such Web sites. Delete/Deactivate Our service gives users the option for removing their information from our database to not receive future communications or to no longer receive our service. 1. You can send email to webmaster@netzero.net Change/Modify Our site/service gives users the following options for changing and modifying information previously provided. 1. visit www.netzero.net/profile/index.html 2. Select the Profile option from the NetZero Window(r) menu. Contacting the Web Site If you have any questions about this privacy statement, the practices of this service, or your dealings with our service or Web site, you can contact: NetZero, Inc. 2555 Townsgate Road Westlake Village, CA 91361-2650 privacy@netzero.net NetZero, Inc. Software License Agreement THIS SOFTWARE LICENSE AGREEMENT ("LICENSE AGREEMENT") GOVERNS YOUR USE OF THE SOFTWARE YOU RECEIVE FROM NETZERO, INC. ("NETZERO") IN CONNECTION WITH THE DIAL-UP INTERNET ACCESS SERVICES ("NETZERO SERVICES") PROVIDED BY NETZERO. BY CLICKING ON THE "ACCEPT" BUTTON AND DOWNLOADING AND/OR USING NETZERO SERVICES, YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD CLICK ON THE "DECLINE" BUTTON AND THE INSTALLATION PROCESS WILL NOT CONTINUE. When You establish an account for NetZero Services, you will be presented with the Terms and Conditions of NetZero Services ("Terms and Conditions") and You will be encouraged to review the Acceptable Use Guidelines for NetZero Services ("Guidelines") and NetZero's Privacy Statement ("Privacy Statement"). The Terms and Conditions, the Guidelines and the Privacy Statement may be found at http://www.netzero.net/. NetZero may terminate the license granted under this License Agreement if it determines that You have failed to (i) comply with any of the terms of this License Agreement or (ii) implement the software (including documentation and any enhancements, modifications and revisions to the software) provided to You by NetZero (collectively, "Software") and associated messages such that the Software operates with NetZero's server computers and its associated components. If at any time after activation of Your NetZero account, You do not agree to be bound by this License Agreement, You should immediately end Your use of NetZero Services and the Software and return or destroy all copies of the Software, including third party software distributed by NetZero. NetZero may change the terms of this License Agreement, the Terms and Condition, the Guidelines and the Privacy Statement at any time. Such changes and their effective date will be posted on the NetZero website at http://www.netzero.net/ and/or NetZero will attempt to notify You of these changes through other means. You agree to review changes to this License Agreement, the Terms and Conditions, the Guidelines and the Privacy Statement and if any change is not acceptable to You, You agree to terminate use of NetZero Services. Your continued use of the Software or NetZero Services after the effective date of any such change constitutes acceptance of all the changes. 1.0 Software License The Software is protected under U.S. and international copyright laws. The Software is licensed to You for use only (i) in conjunction with the NetZero Services and (ii) in accordance with all of the terms and conditions of this License Agreement, the Terms and Conditions and the Guidelines. 2.0 Permitted Uses You may: * use the Software on any single computer or on a second computer so long as only one (1) copy of the Software is used at a time; * use the Software on a computer network, provided that each person permitted access to the Software through the network has obtained a license for the Software; and * make one (1) copy of the Software for archival purposes, provided the copy must contain all of the proprietary notices contained in the Software as provided by NetZero. 3.0 Prohibited Uses You may not (except to the extent applicable law expressly prohibits the following restrictions or as expressly permitted in this License Agreement): * permit others to use the Software; * permit concurrent use of the Software on more than one computer; * modify, translate, reverse engineer, decompile, disassemble or create derivative works based on the Software or permit others to do so; * copy the Software; * rent, lease, grant a security interest in, or otherwise transfer rights in the Software; * remove or modify any proprietary notices or labels in the Software; * export or re-export any portion of the Software (i) into (or to a national or resident of) Cuba, Iraq, Libya, Sudan, North Korea, Iran, Syria or any other country to which the U.S. has embargoed exports of goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. 4.0 Export Regulations By downloading or using the Software, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list. If the Software is identified as a not-for-export product (for example, on any product packaging or media or in a message displayed during the installation process), then, unless You have an exemption from the United States Department of State, the following applies: EXCEPT FOR EXPORT TO CANADA FOR USE IN CANADA BY CANADIAN CITIZENS, THE SOFTWARE AND ANY UNDERLYING TECHNOLOGY MAY NOT BE EXPORTED OUTSIDE THE UNITED STATES OR TO ANY ENTA are hereb resL webs OR ANYRECEIVE resL websLYING 8SON"NTY DEFSE OFWARE AN TablOU RECNS YOREGU WheSOMPUTING, TELECOMMUNICATIONS A, Syri OTIONWHO ISHOULD DERLYINGothAITH RE OPPOAWFUL 8MAN YOU E ACY L DREEMENT. are hereb re.FWARERVICES, YGREE TO BT CONT ECHNOLOGY,D HOLD NETGATION SHALL SATED. ACYUT L DRitatio ILITY, FNINTER HOLDGY OULD DebsLYING 8SON"NTRICT LIAT CONT EBILITOGREEM DebsLYING 8SON."ownlity TablOcy or delaEndture mNT EY have read these Terms and or control acform TO CANAFOR se Agreement if t thional data half such TablCANAncy or delaavailabi TreasOR se Agreement if t thional s and Cce or evioucot collnditions mayh Tablncy or delaesideaile name of threasOR t-for-exp (iice or en modelopf NetZer TablCANAncy or delafionsMajeure. Ow ihipCANAccordancf at anyod, earr bu noticesgesr meove or CANA performing cross tabulations fraud and the us CANAove or)aws. The Sfer r warrant that NetZecense Agreemeni) in con permit others to use the. A. ve or modify emenlete/De,s you might nd to anothee e proor through otCANAFOR 3.0 Prohrcurrend the us or to abits the folete/Deaof anw t nd toyonditial copyrigbits the follotion is se Agreement if it determinent the software (for chcontno CANAove or iabilitylete/De,s you mighto computer(ific ques 3.0 ProUpgnciasCANAccordancssageur NetZero igal or potentially han permitt NT EY nse Agr upgncia(or to a nationasclose any etZeevioxport oerminent the software (fent ero Serany otheelinessend e name revisions to , upgncia(ot aptes acceto a nationascNT EY ssion at a taww.netzer is hel 3.0 Prohh cNT EY ns, theices angr upgnciad ., tling such equNT Ei 2cowing in the Soin permitevious aptes acceto aNT ECrant thatto aor (ii) implement the software (of any nameible cookiesupgncia,evisions,(ot aptes acceto a nationascy namONE HUNDREIVE REED DOLLARS ATED. E ILE TV("TEMEDFORMANC E ACY OF ANY INFORCHNOLOGY XCEED B("TEPLACCES OR TEMEDIAONT EBILIAINTO BT COCHNOLOGY E LIOCUES O WhenINTERRUPTED ONT EDEEMSF THIS ZEROOR RE.RRUPTED OMAKESHOUITHOUT LIMITATINT EL ORAGESUT LIMITATION, WARCCURACY OF ANY INFORCHNOLOGYific 8NOWLEDGE THAT NETZERO SERND HOLDRE PROVIDED, LOSS NNTERT COCHNOLOGY I DisclaimerERNDY WARRANTY ANY KIND INCLUDING, WITHOUT LIMITATION, AERNDRANTIES OF TITLE, MERCHANTABILMANCE OR FUNCTIONALITY OF ERNDNETZERO SERVES OR WITH RESPECT TT COCHNOLOGY E LRUPTED ONT EQUALITY OR ACCURACY OF ANY INFORTION OBTAINED FROM OR AVAILERNDRALE THROUGH USE OF NETZERO SERVICES THAT NETZERO ST CONT ECHNOLOGY E LRUPTED OWILL BE UNINTEROM NETZERO, INC. (ORONT ET, EXCEPT R ERROR-FREE. NEERO DISCLAIMS ALL WARRANTIES, namONE HUNSS OR IMPLIED, INCLUDING, WESUT LIMITATION, WARERNDRANTIES OF TITLE, MERCHANTABILITY, FITNESS R A PARERNDTICULAR PURPOSE AND NON-INFRINGEMENT. 5.0 LimitatioRISIof NetZero's Liabil9ty IN NO EVENT SHALL NETZERO BE LIA E UNDER ANY SECTION OF THESE TERMS AND CONDITIONS OR UNDE DO NOTENT") GOVERNS YOORICT LIABILITY OR ANY OTHER LEGA EC OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, EXFORONT EY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITA TION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATI ON OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) warHETHER OR NOT NETZERO HAS BEEN ADVISED OF THE POSSIBILITY OFwarSUCH LOSS OR DAMAGES. NETZERO SHALL NOT BE LIABLE FOR THamONE HUNSF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECH ECOLOGY AND IN NO EVENT SHALL NETZERO'S LIABILITY TO YOU E XCEED ONE HUNDRED DOLLARS ($100.00). NO ACTION, REGARDLESS NA F FORM, ARISING OUT OF THESE TERMS AND CONDITIONS MAY BE DO NOTENT") GOVERNS YOO MORE THAN ONE (1) YEAR ER THE CAUSE E DO ACTION HAS ACCRUED. Some jurisdictio do not allow a ECrmitation on liability for negligence that causes deaths") an ersonal injury and, in such jurisdictions, NetZero'siabilityan e shall be limited to the greatest extent pmitted by law. an e 6.0 Miscellaneous * Force Majeu10e. NetZero shall non ofEConditions, the Liced Conditions, the Guidelines and the Exp 2.0 Permitted U hereby incorporated by referenhe Expce) togr constitute the sole agreement between NetZerohe Exp * especting the subject matter hereof and fully supershe Expmde any all other agreements, either oral or in he Expwriting. Younowledge and agree that YouEY have read thesehe Expwriti ly with any ofhe Liced Conditions, the Guidelines ahe Expwn the Privacy Smitted U hereby mitt Actions. These he Expterms and n ofNo Ar per the LiY ssion att for lement the software (sury Depament's else and n ofnditions will be glement the software (ued in accordancebyahe Expwn tbetwef the State of California, excluding its conflictct of laws principles. The application of the United Nations s Convention of Contracts for the International Sale of Goods isis expressly excluded. The exclusive personal jurisdiction o of and venue for all disputes orising out of these Terms and Cononditions shall be lement the software (of anys located in hesehe Exples, California, USA and You consent to such jurisdictiYouehe Expbetwre (surjections to such jurisdiction and venue. ilityan e rability. If any provision n of these Terms and Conditions is helement the software (ind Cononeason, such provision shall be reformed only to the of any nam cessary to effect the original intentions of the partieses, and the remainder of these Terms and Conditions shallind Cononent the software (of any * No Waiver. Any failure of NetZen ofNo enforce any provision of these Terms and Conditions shal ll be lement the software (of any rights under such provionflictct any other provision of these Terms and Conditions.proviss isis eit others to use the.ajeu11uestions about these T ms and Conditions should be directed to: support@netzero.barties A list of waays to contact NetZero is available at ownsgatrties of thit t/. Please see important informatiotiesbout the nature of content on the Internet, the rislete/Deaof anpt by Your use of NetZero Services and limitatiof such equNT Ee with all of contained in the Guidelines and ded by NetZerNT Eed U hereby mitted Uothers to use the.ajeuense A CTION WITH THse tZero Services ("Guidelines") ccordance with aenseIONS ("TERMS AND TZERO SERVICES ("GUIDELINECY STATEMENTLEGAT, EXCEPT R ERROR-F CONDITIONS"), THE ACCEPTABLE USE GUIDELINES FOLL NOT COXCEPT RE AGREEMENT") GOVERNS YO UR USE OF THE SOFTWARECREEFULLMORENETZERO, INC. ("NETZERO") FOR DIAL-UP IVICES ("NETZO SERVICES"). THESE TER URETZERO. BY CLICKINE LIOVICES, YTZERO, INC. (isclaimerERCCEPT" BUTTON E TO BE BOUND BY ALL OF E TERMS OF THIS ERCNS, YOU SHOF CONDITIONS"), THE A TEENT") GOVERNS YO L NOT CES ("GUIDELINdes usTh directed to: support@nmitted Uothers to use the toyondi or If at any time after activation of Your account for NetZero Services. You do not age and return or dethis License Agreement, You shouldees ("Guidelin Statemeirected to: support@notZero's Obligations use of NetZer o Services and the Software and ree with all ofe and retu NetZerol ofthe Software, including thirdoincluding ty ourd party software dtributed by NetZero. NetZeroh TRUy change these Terms accordancssa, the Guidel("Guidelin Statemeirected to: support@nmitted Uothers to use the ir effectiveturte will be posted on the NetZero websitet http://www.nee granted and/or NetZero will attempt toe pofy You of these c taies through other means. You agree to review changes to tes. 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