,
or otherwise; (e) interrupted, failed, or inaccurate location information services, (f) information
or communication that is blocked by a spam filter, (g) damage to your phone or any computer or
equipment connected to your phone, or damage to or loss of any information stored on your phone,
computer or equipment from your use of the Services or from viruses, worms, or downloads of
malicious content, materials, data, text, images, video or audio; or (h) things beyond our control,
including acts of God (for example, weather-related phenomena, fire, earthquake, hurricane, etc.), riot,
strike, war, terrorism or government orders or acts.
12. INDEMNIFICATION:
You agree to indemnify and hold harmless NET10 and TracFone Wireless, Inc. from any and all
liabilities, penalties, claims, causes of action, and demands brought by third parties (including the
costs, expenses, and attorneys’ fees on account thereof resulting from your use of NET10 Wireless
Home Phone Equipment and/or Services, whether based in contract or tort (including strict liability)
and regardless of the form of action.
13. UNAUTHORIZED USAGE OR RESALE:
The Equipment is sold exclusively for use by you, the end consumer, with the Service available solely
within the United States. Any other use of your Equipment including, without limitation, activation
and/or use on a network other than NET10, any resale, unlocking and/or reflashing of the handset is
unauthorized and constitutes a violation of your agreement with NET10 Wireless. You agree not to
unlock, reflash, tamper with or alter your Equipment, enter unauthorized PINs, engage in any other
unauthorized or illegal use of your Equipment or the Service, or assist others in such acts, or to sell
and/or export Equipment outside of the United States. Improper, illegal or unauthorized use of your
Equipment may result in immediate discontinuance of Service and legal action. These acts violate
NET10’s rights and state and federal laws. NET10 Wireless will prosecute violators to the full extent of
the law. NET10 reserves the right to cancel any Service without notice.
14. DISPUTE RESOLUTION:
You agree that you will first contact us with any dispute and provide a written description of the nature
of the dispute, all relevant documents and other information concerning the dispute and your proposed
resolution before taking any legal action. If we are unable to reach a resolution of your dispute within 60
days of your notice to us, you agree that instead of filing a lawsuit or small claims action in a court of
law, you will submit the dispute to binding arbitration as set forth in this provision.
BINDING ARBITRATION: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS RIGHTS THAT
YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF ALL DISPUTES AND CLAIMS
(INCLUDING ONES THAT ALREADY ARE THE SUBJECT OF LITIGATION), EXCEPT FOR CLAIMS
CONCERNING THE UNAUTHORIZED RESALE, EXPORT, ALTERATION, AND/OR TAMPERING OF
YOUR NET10 WIRELESS HOME PHONE, ITS SOFTWARE, THE SERVICE AND/OR PIN NUMBERS,
THROUGH ARBITRATION INSTEAD OF SUING IN COURT IN THE EVENT THE PARTIES ARE UNABLE
TO RESOLVE A DISPUTE OR CLAIM. ARBITRATION IS BINDING AND SUBJECT TO ONLY A VERY
terrain, other obstructions, weather and other conditions. You will not be able to make 911 calls if
your Service is not available. The coverage depicted on the NET10 coverage maps is based on the
information provided by other carriers and public sources and we cannot guarantee their accuracy.
Coverage maps for your network may also vary based on your home location so please refer to our
website for the most up-to-date coverage map applicable to your device and geographic area. NET10
Wireless is not responsible for any Service outages, interruptions in service or decline in the quality of
service regardless of the cause.
9. EMERGENCY CALLS:
Do not rely solely on your NET10 Wireless Home Phone in an emergency situation. In an emergency,
locate the nearest landline phone and call for help.
10. LIMITATIONS OF SERVICE AND USE OF EQUIPMENT:
Service is subject to transmission limitations caused by certain equipment and compatibility issues,
atmospheric, topographical and other conditions. Further, service may be temporarily refused, limited,
interrupted or curtailed due to system capacity limitations, technology migration or limitations imposed
by the Carrier, or because of equipment modifications, upgrades, repairs or relocations or other similar
activities necessary or proper for the operation or improvement of the Carrier’s radio telephone system.
NET10 Wireless does not warrant or guarantee availability of network or of any Services at any specific
time or geographic location or that the Services will be provided without interruption. Neither NET10,
nor any Carrier, shall have any liability for Service failures, outages or limitations of Service.
11. LIMITATION OF LIABILITY:
Your Service may be unavailable, interrupted, delayed or limited for a variety of reasons outside
of NET10’s control. Service is not available for purchase and use in all sales channels or areas. There
are gaps in service within the service areas shown on coverage maps, which, by their nature, are only
approximations of actual coverage. NET10 Wireless does not guarantee you uninterrupted service or
coverage. We cannot assure you that if you place a 911 call you will be found. NET10 will not be liable to
you for any actual, direct or indirect, special, incidental, consequential, exemplary or punitive damages
of any kind, including lost profits (regardless of whether it has been notified such loss may occur)
by reason of any act or omission in its provision of Equipment and/or Services or by reason of any
interruption in service. NET10 will not be liable for any act or omission of any other person or company
furnishing a part of our Services or Equipment or for any damages that result from any Service or
Equipment provided by or manufactured by third parties.
You agree that neither we nor our vendors, suppliers or licensors are responsible for any damages you
may suffer or incur resulting from: (a) anything done or not done by another person; (b) providing or
failing to provide Service, including, but not limited to, deficiencies or problems with your Equipment
or network coverage (for example, dropped, blocked, interrupted service, etc.); (c) traffic or other
accidents, or any health-related claims relating to our service; (d) an interruption or failure in accessing
or attempting to access emergency services from a phone, including through 911, Enhanced 911
TERMS AND CONDITIONS OF SERVICE
TERMS AND CONDITIONS OF SERVICE
