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
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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
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6.0 Miscellaneous
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these Terms and Conditions.proviss isis eit others to use the.ajeu11uestions about these T ms and Conditions should
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content on the Internet, the rislete/Deaof anpt by Your use
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