TERMS AND CONDITIONS OF SERVICE (Cont.)
Service content and you assume all risk and liability in doing so. NET10 is not liable for any content that
you and/or others may find offensive or objectionable. For more information on Data Services, please
consult the material included in your NET10 phone Welcome Kit and/or User's Guide. Additional
information can also be found at www.NET10.com and www.NET10Unlimited.com.
16. LIMITATION OF LIABILITY
NET10 is not liable to you, other users of your NET10 Pay As You Go or NET10 Unlimited Service, or any
third party for any failure to post, receive, process or credit a payment on your NET10 Pay As You Go or
NET10 Unlimited Service including, without limitation, any failure to add or credit any airtime or due date
information to your NET10 phone or for any other claim or allegation arising out of or in any way related
to your NET10 Pay As You Go or NET10 Unlimited Phone and/or Service.
NET10 will not be liable to you for any 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. NET10 will not be
liable for any act or omission of any other company furnishing a part of our Services or any equipment
or for any damages that result from any Service or equipment provided by or manufactured by third
parties. If you return your NET10 phone to NET10 for any reason, NET10 is not responsible and shall not
be liable to you or anyone else for any personal information, such as user names, passwords, contacts,
pictures, SMS, MMS and/or additional downloads, you may have stored on your NET10 phone or which
may remain on your NET10 phone.
17. EMERGENCY CALLS.
If you are in an area where your NET10 phone is searching for a wireless signal or there is no wireless
signal or wireless service, it is highly probable that a call to 911 will not go through. Do not rely solely
on your NET10 in an emergency situation. In an emergency, locate the nearest landline phone and call
for help.
18. UNAUTHORIZED USAGE; TAMPERING.
NET10 phones are sold exclusively for use by you, the end consumer, with the NET10 Prepaid Wireless
Service available solely in the United States, Puerto Rico and the U.S. Virgin Islands. Any other use of
your NET10 phone, including without limitation, any resale, unlocking and/or reflashing of the NET10
phone is unauthorized and constitutes a violation of your agreement with NET10. You agree not to
unlock, reflash, tamper with or alter your NET10 or its software, enter unauthorized PIN numbers, engage
in any other unauthorized or illegal use of your NET10 or the Service, or assist others in such acts, or to
sell and/or export NET10 phones outside of the United States. These acts violate NET10's rights and state
and federal laws. Improper, illegal or unauthorized use of your NET10 phone is a violation of this
TERMS AND CONDITIONS OF SERVICE (Cont.)
agreement and may result in immediate discontinuation of Service and legal action. NET10 will
prosecute violators to the full extent of the law. You agree that any violation of this provision of the
agreement through your improper, illegal or unauthorized use or sale of your NET10 phone shall entitle
NET10 to recover liquidated damages from you in the amount of not less than $5,000 per NET10 phone
purchased, sold, acquired or used in violation of this provision.
Some NET10 phones have SIM cards. If your NET10 has a SIM card, then you agree to safeguard your SIM
card and not to allow any unauthorized person to use your SIM card. You agree not to, directly or
indirectly, alter, bypass, copy, deactivate, remove, reverse-engineer or otherwise circumvent or reproduce
the encoded information stored on, or the encryption mechanisms of, your SIM card. The Carriers, NET10
and/or their respective service providers, may, from time to time, remotely update or change the
encoded information on your SIM card. Your NET10 is restricted from operating when you are located
anywhere outside of the United States, Puerto Rico or the U.S. Virgin Islands, including offshore or in
international waters. Any such usage is considered unauthorized usage by NET10 for which your
Service will be immediately suspended. In the event of suspension for this or any other unauthorized
usage, you will not be entitled to receive any refund for your NET10 phone or unused airtime.
NET10 may modify, cancel and/or deactivate service or take corrective action at any time, without prior
notice, for any reason, including but not limited to, your violation of this agreement. In the event of
suspension or deactivation of your service, you will not be entitled to receive any refunds for your NET10
phone or unused airtime.
19. COVERAGE MAPS.
You will find coverage maps on our website, www.NET10.com and www.NET10Unlimited.com. These
maps are for general informational purposes only. However, NET10 does not guarantee coverage or
service availability. Even within a coverage area, factors such as terrain, weather, structures, foliage,
signal strength, traffic volumes, service outages, network changes, technical limitations, and your
equipment may interfere with actual service, quality and availability. Actual coverage and service areas
may vary from the maps and may change without notice.
20. ROAMING.
“Roaming” occurs when a subscriber of one wireless service provider uses the facilities of another
wireless service provider. Roaming most often occurs when you make and receive calls outside the
home calling area. When your NET10 is roaming, an indicator light on your NET10 phone may display
the word “Roam” or “RM” on the screen while the NET10 phone is not in use. There are no additional
charges for roaming calls with your NET10 phone. NET10 does not guarantee the availability and/or
quality of Services while roaming.
