How to transfer my net10 service to another phone

By purchasing, activating, and/or using any NET10 product (“Product”) or the wireless services provided by NET10 (the “Service”), you acknowledge and agree to these Terms and Conditions of Service. NET10 reserves the right to change or modify any of these Terms at any time. Any changes or modifications to these Terms and Conditions of Service are effective and will be binding upon you when posted on our website at net10wireless.com. Because these Terms and Conditions of Service are subject to change at any time you should always check our website for the most current Terms and Conditions of Service. For assistance or more information, please contact NET10 Customer Care at 1-877-836-2368.

1. ACTIVATING YOUR SERVICE
To use NET10 Service, you must first purchase and activate a NET10 wireless phone or a NET10 Bring Your Own Phone SIM Kit (“SIM Kit”) that can be used to activate a compatible wireless phone you already own under the Bring Your Own Phone program. To activate your phone, you must also purchase and redeem a NET10 wireless plan (Plan”). For more information about our Plans visit our website and see Section 3 below.
You may activate your Service online by visiting our website at net10wireless.com or by calling Customer Care from a phone other than the one you intend to activate. If you have purchased an SIM Kit to activate your own phone, follow the instructions that came with the SIM Kit to activate your Service. When you activate your Service, you will be provided a telephone number unless you elect to transfer or “port-in” an existing telephone number you are using with another provider. In certain instances, you may not be able to transfer your existing telephone number for reasons outside of our control. Please note that you have no ownership rights to any telephone number, IP address or any other identifier associated with your Service and you acknowledge and agree that we may change any such number, IP address or other identifier associated with your Service at any time without prior notice or liability to you.
When you activate your Service, you will also have the option of registering with us and creating an account (“Account”) by providing your name, address, email address and alternative contact telephone number. If you elect not to register at the time of activation, you may not be able to obtain copies of your call detail records except upon service of a valid subpoena or a court order.
NET10 Service can only be activated where NET10 Service is offered and supported by NET10. The wireless telecommunications networks used to transmit the voice, text, and data services that support the Service offered by NET10 are owned and operated by licensed commercial mobile radio service providers (“Carriers”), and not NET10. Some Carriers differentiate the wireless service they sell by prioritizing the data traffic of their customers over the data traffic of customers on a non-Carrier brand at times and at locations where there are competing customer demands for network resources. Where the network is lightly loaded, a NET10 customer will notice little, if any, effect from having lower priority. This will be the case in the vast majority of times and locations. At times and at locations where the network is heavily loaded in relation to available capacity, however, a NET10 customer will experience increased latency during a data session, particularly, if the customer is engaged in a data-intensive activity. When network loading goes down or if a customer moves to a location that is less heavily loaded in relation to available capacity, the latency associated with a customer’s data connection will improve.
If you are activating your own compatible phone under the Bring Your Own Phone Program, you are responsible for ensuring that the phone is unlocked, compatible with the Service, does not interfere with the Service, and that it complies with all applicable laws, rules and regulations. You are also responsible for ensuring that your phone meets all federal laws and standards. You are further responsible for the purchase and maintenance of any additional hardware and/or software required to use the Service. Not all aspects of the Service are available on all Carrier networks or will function on all phones, including, phones activated under the Bring Your Own Phone program. Some functions and features referenced in the manufacturer’s manual provided with your phone may not be available when using the Service. Some Plans may not work on Smartphones or on phones activated under the Bring Your Own Phone program. Except for NET10 Mobile Hotspots and tablets activated under the Bring Your Own Tablet program (please see Section III) devices capable only of using data service are strictly prohibited and your use of any such device is grounds for immediate deactivation and termination of your Service without a refund.
We may, at any time and without prior notice to you, modify, cancel, and/or deactivate your Service and/or take other corrective action, for any reason in our sole discretion, including, your violation of these Terms and Conditions of Service. Further, we may remotely change your phone’s software, applications, or programming without notice. This could affect information stored on your phone, your phone’s programming, and how you are able to use your phone.
All aspects of the Service, including, Plan rates, offerings, features, functionality and other product specifications are subject to change without notice or obligation. All talk and standby times are quoted in digital mode and are approximate.
2. TERMINATION OF SERVICE
Either party may terminate this Agreement at any time. Termination of this Agreement will result in the immediate termination of your Service which may be reactivated if you elect to do so. Each time you activate your Service or purchase a new Product you agree that you are consenting to the latest NET10 Terms and Conditions of Service. Any Service which remains unused at the time of termination, including, promotional balances, cannot be refunded or transferred to another person.
We may terminate this Agreement at any time without notice if we cease to provide Service in your area. We may interrupt, suspend, cancel, or terminate your Service without immediate notice to you for any conduct that we believe violates these Terms and Conditions, including, but not limited to, the following:
(i) using or directing abusive, vulgar, derogatory, intimidating, or harassing language or conduct towards a Tracfone representative, officer, employee, agent, or authorized retailer;
(ii) using your Service for any unlawful, fraudulent, or illegal purpose;
(iii) using your Service in any way that adversely affects our ability to manage the Service provided to other customers or the Carrier’s network;
(iii) violating any Term or Condition contained in this Agreement.
Any term or provision of this Agreement which by its context is intended to apply after termination of the Agreement will survive, including, any limitation of liability, disclaimer of warranties, dispute resolution procedures, restrictions with respect to the use of a Product or Service and our Limited Warranty, Return Policy, and Privacy Policy.

3. NET10 PLANS
Your phone will only have Service after you have purchased and redeemed a service plan (“Plan”). NET10 Plans vary depending on whether you own a basic phone or smartphone. All NET10 Plans provide a certain number of days of Service (“Service Days”) per Plan cycle. You will have Service under your Plan so long as you do not reach your maximum allotment of minutes or data (to the extent they are capped) and so long as you have Service Days left on your Plan’s cycle (“Plan Cycle”). The Services that come with our Plans (e.g., talk, text and data) vary and change from time to time. Please also note that some Plans may only work with basic phones and are not intended for smartphones and a phone you activated with NET10 under the Bring Your Own Phone program. For the latest information what our NET10 Plans offer please visit our website at net10wireless.com or call Customer Care.

Pay-As-You-Go Plans. NET10 Pay-As-You-Go Plans work for basic phones only and come with a certain number of minutes. Pay-As-You-Go Plans vary in the number of Service Days offered. Minutes can be used for calling, text messaging, and data services. The rate to send or receive a regular text message is generally .5 minutes per message. The rate to send and receive a MMS message (picture or video message) is generally 2.5 minutes per message. For incoming messages, minutes are only deducted for messages which are opened. On certain NET10 phones, other text messaging rates may apply. See individual NET10 phone package for details. Minutes are also deducted for data services. For more information about the rates that apply for using data services please see Section 6 below.

Minutes are deducted for all incoming and outgoing calls, including incoming call waiting calls, simultaneous calls, toll free calls, and calls to 411, 611, Customer Care, and your voice mail. For simultaneous calls, such as incoming call waiting and 3-way calling (where available) minutes will be deducted for each call. Minutes are not deducted for calls to 911. For outbound calls, you may be charged minutes for incomplete, busy, or no answer calls. Minutes are deducted in full unit increments. Partial minutes are rounded up to the next minute. No credit is given for dropped calls. Your NET10 phone may include 10 airtime minutes for set up. These minutes may be used for test calls at our discretion.

Monthly Plans. NET10 Monthly Plans work on smartphones and basic phones and come with unlimited nationwide calling, text messaging (including international text messaging), and up to a certain amount of high speed data at 4G speeds for each Plan Cycle depending on which Plan you select. All NET10 Monthly Plans come with thirty (30) Service Days.

4G/4G LTE networks are not available on all devices and in all locations. 4G/4G LTE networks require a capable device and SIM card. Actual availability, coverage, and speeds may vary. After your high speed data balance is reached, your data speeds will be reduced to as low as 64 kbps for the remainder of your Plan cycle. Your high speed data will be restored once your next Plan Cycle begins unless you purchase a new Monthly Plan prior to the start of your next Plan Cycle. If your data speeds are reduced, the reduced speeds may impact the functionality of some data applications, such as streaming audio or video or web browsing. Data transmitted over Wi-Fi does not count against your data balance.

Depending on the Carrier network, your Monthly Plan may be automatically enabled with a feature that optimizes all detectable video streaming to DVD-quality (typically 480p) through the Carrier’s network (“Data Optimizer”). Data Optimizer manages the amount of data used when streaming video on your phone in order to improve your experience by reducing the chances of your video stalling or buffering. Video streaming over a Wi-Fi connection will be delivered at the video’s native resolution. You may disable the Data Optimizer feature at any time by contacting Customer Care.

Upgrade Plans. For more information about Upgrade Plans please refer to Section IV below.

4. USING YOUR SERVICE
Service Days. As mentioned above, NET10 Plans come with varying amounts of Service Days. Generally, once you start a new Plan Cycle, you will lose any unused minutes, data and Service Days remaining on your current Plan unless your Plan provides Carryover Benefits (explained below). If your Plan does not provide any Carryover Benefits, you will not receive a refund or credit for any unused minutes, data or Service Days once you begin a new Plan Cycle.

Service End Date. To keep your Service active, you must purchase and redeem a Plan prior to your Service End Date. Your Service End Date is the last day of your Plan Cycle and is determined by the date on which you activated your Service by redeeming a Plan. If you fail to redeem a new Plan prior to your Service End Date, your Account will be deactivated on your Service End Date and, if applicable, you may lose your phone number. To prevent this from occurring, please keep your Service active by purchasing a Plan before your Service End Date. NET10 reserves the right to deactivate any Account for which there is no usage for a period of six (6) consecutive months for smartphones and twelve (12) consecutive months for basic phones. If your Account is deactivated, it may be reactivated by purchasing and redeeming a new Plan. Once reactivated, you will be assigned a new phone number. Airtime which remained unused at the time of deactivation will still be available if Service is reactivated within sixty (60) days from the deactivation date for basic Phones and within thirty (30) days for smartphones, otherwise any unused airtime will be lost.

Carryover Benefits. Certain Pay-Go Plans provide a Carryover Benefit which allows you to carryover unused minutes when you purchase a new Plan and to combine the number of minutes and Service Days provided by your Pay-Go Plan. For example if you purchase and redeem two Pay-Go Plans that come with 200 minutes and 30 Service Days, your Account will be credited with 400 minutes and 60 Service Days. If you add a 30-day Pay-Go Plan fifteen (15) days into an existing 30-day Plan Cycle, you will have forty-five (45) Service Days and your Service End Date will be adjusted accordingly. Accordingly, you can extend your Service End Date by adding multiple Plans to your Account on or before your Service End Date.

Please note that upon your redemption of a Monthly Plan, any unused minutes and Service Days carried over under your Account will be cleared and will be replaced with the service and Service Days provided under your new Monthly plan.

NET10 Auto Refill. You may enroll in Auto Refill to purchase a new Plan each time your Plan Cycle expires by registering your credit or debit card online with the NET10 website and selecting the Plan you want to purchase on a recurring basis. When you enroll in Auto Refill, a new Plan will be automatically purchased and redeemed to your Account each month at the end of your Plan Cycle and your credit or debit card will be automatically charged for the cost of the Plan you elected to purchase on a recurring basis. See additional terms and conditions which apply when you enroll in Auto Refill.

NET10 Reserve: With NET10 Reserve, you may purchase and add to your Account one or more Monthly Plans. If you have a Monthly Plan in your NET10 Reserve, it will be automatically applied to your Account on your Service End Date. You may redeem the Service Plans in your NET10 Reserve at any time prior to your Service End Date, however, if you do so, you will lose any used service under your previous Plan. If you are enrolled in Auto Refill, the Plans in your NET10 Reserve will take precedence over Auto Refill and will be redeemed before an Auto Refill purchase is processed. Customers with Monthly Plans in their NET10 Reserve will also be unable to purchase Pay-Go Plans until all Plans in their NET10 Reserve have been applied.

All plan rates, offerings, and features are subject to change without prior notice. Plans have no cash value and are non-refundable. Plans cannot be transferred to another account nor can they be used with or transferred to another brand owned by TracFone Wireless, Inc. or another wireless service provider. No refunds or discounts will be given for (i) unused Service that expires by your Service End Date; (ii) unused Service if your phone if it is lost or stolen; or (iii) NET10 Plans purchased that are not compatible or supported by your phone.

5. TEXT MESSAGING
NET10 does not generally participate in Premium SMS services or campaigns. Premium SMS services usually involve sending a text message to a designated “short code” or attempting to buy SMS services from anyone other than NET10. Premium SMS campaigns include casting a vote, expressing your opinion, playing a game, subscribing to a service, or participating in interactive television programs through the use of a wireless phone.

You should not attempt to participate in Premium SMS services or campaigns other than those authorized by NET10. Any text message you send to a “short code” not authorized by NET10 will likely not go through. Any charges you may incur as a result of your attempts to participate in Premium SMS services or campaigns not authorized by NET10, are not refundable.

6. DATA SERVICES
All NET10 Plans provide access to data services. Your use of data services (“Data Usage”) occurs whenever your phone is connected to the network and is engaged in any data transmission, including, but not limited to, (i) opening or using an internet browser or app in any way, including, but not limited to app installations and updates, (ii) sending, receiving, or downloading any type of content, including, but not limited, emails, documents, pictures, MMS messages or any other content, or (iii) if data access or a data connection is initiated in any other way or for any other purpose.

Some apps, content, programs, and software that you download or that come preloaded on your phone automatically and regularly send and receive data transmissions in order to function properly, without you affirmatively initiating the request and without your knowledge. For example, mobile apps that provide real-time information and location-based information connect to our network, and send and receive updated information so that it is available to you when you want to access it. Your Account balance will deducted for all Data Usage initiated by your phone, including, Data Usage for connections that you affirmatively initiate and for those that run automatically in the background without your knowledge whether they are successful or not. The duration of your data connection and the associated Data Usage is not determined from the exact moment you press a button on your phone. Data Usage also depends on the size of the content and the actual time it takes to download or transmit the content or MMS message. If you cancel or attempt to cancel a download or transmission in progress, or if the process is otherwise interrupted through no action on your part, you will still incur Data Usage. Unless you are using Wi-Fi, any Data Usage on your phone, will count against your Account balance.

Pay-As-You-Go Plans. With Pay-As-You-Go Plans that come with minutes only, one (1) minute will be deducted from your Account per (1) minute of Data Usage. Minutes deducted for Data Usage are deducted in full minute increments. Data Usage lasting less than sixty (60) seconds will be rounded up to the next full minute. Your NET10 phone will not allow you to access NET10’s Mobile Web Portal without a balance of at least 10 minutes. For MMS messages, your Account will deducted 2.5 minutes for each MMS message you send or receive in addition to the one (1) minute deduction for each minute it takes to send or receive the MMS message. The number of minutes deducted from your Account for sending or receiving a MMS message will vary depending on the size of the MMS message and the amount of time required to complete the transmission.

Online Content and Apps. With certain NET10 Phones, you may be able to view, access, use, or download online content (“Content”) using NET10’s Mobile Web Portal, an internet browser, an app store, or a mobile app depending on your phone type (e.g., basic phone or smartphone). In addition to any minute or data balances deducted for Data Usage, you may be charge for any online Content (“Content Charge”) you purchase. Content Charges on NET10’s Mobile Web Portal vary depending on the type of Content. You will be advised of any Content Charges prior to finalizing your purchase. When you have selected a title and are ready to make your purchase, click on “Buy” and the Content Charge will be shown in both U.S. Dollars and in minutes. You will have the opportunity to select one of two payment options: (1) you may use a credit card to complete your purchase or (2) you may select a direct deduction of minutes from your NET10 phone. Content Charges paid via direct deduction of minutes are calculated using a dollar-to-minute conversion factor of $1.00 equals 10 minutes of airtime. The costs for Data Services in U.S. Dollars and/or minutes and the dollar-to-minute conversion factor are subject to change at any time without notice. The total Access Charge will vary depending on the size of the content and the actual time it takes to complete the download. Any Content you purchase and download may only be used or viewed on the phone used to purchase and download the Content and cannot be transferred to another phone, including, a new or replacement NET10 phone. All Content Charges are non-refundable.

For any third-party Content downloads that are unrelated to NET10 you may also be subject to a Content Charge from the third-party provider of the Content you have purchased. In the event you purchase Content from a third-party, you agree that NET10 is not responsible for the purchase, download, transfer, installation, use, transmission failure, interruption, or delay related to any Content. You further agree that any support questions related to such third-party Content should be directed to the third-party provider of the Content and not NET10. When you use, download, or install any third-party Content, you may be subject to additional license terms, terms of use, privacy policies and/or other terms and conditions of the third-party provider of that Content. You agree that NET10 is not responsible for any third-party Content you access or download using your phone.

Content Not Rated. The Content available or accessible through NET10’s Mobile’s Web Portal is not rated or filtered. Although NET10 strives to present and offer only generally acceptable Content, it is impossible to proof all online Content that may be available. NET10’s Mobile Web Portal may provide access to Content that is offensive or objectionable to you or to others. You are solely responsible for any Content you access, view, or download from NET10’s Mobile Web Portal and you assume all risk and liability in doing so. NET10 is not liable for any Content that you or others using your phone may find offensive or objectionable. Further, not all of the Content accessible using NET10’s Mobile Web Portal is intended for children under the age of 13. In the event that you, as a legal guardian allow your child to access Content using NET10’s Mobile Web Portal, you acknowledge that your child has the permission to use the NET10 Mobile Web Portal available on your phone. You further acknowledge that as a legal guardian, it is your responsibility to determine whether using NET10 Mobile Web Portal is appropriate for your child.
Use of Your Personal Information: NET10 and other third-party providers may access, collect, retain, use, and share personal information collected from you when you purchase, download, access, use, or install any Content. NET10 and other third-party Content providers may update your Content remotely, or may disable or remove any Content at any time. For more information about the type of information NET10 collects from you and how it uses this information please refer to our Privacy Policy. If you visit, access, download, or use any third-party Content, that third-party may also access, collect, retain, use or share personal information collected from you or require the Carrier to disclose your information, including location information (when applicable) to the application provider or some other third-party. If you visit, access, download, or use any third-party Content while using Net10’s Data Services, you agree and authorize Net10’s Service to enable the transmission of such information related to such use. You understand that your use of a third-party website, app store, or mobile app may be subject to additional license terms, terms of use, privacy policies, and/or other terms and conditions (collectively, “Additional Third-Party Terms”) and agree that you shall refer to the these Additional Third-Party Terms for information regarding the collection and use of your personal information. You agree that NET10 is not responsible for any Personal Information you provide to a third-party for any Content you access, use, or download using your phone.

Personal Information on Phones: Your phone may contain sensitive or personal information. NET10 is not responsible for any information on your phone, including sensitive or personal information, data or photographs. If possible, you should remove or otherwise safeguard any sensitive or personal information, data and photographs when your phone is out of your possession or control, including, but not limited to, relinquishing, exchanging, returning or recycling your phone. By submitting your phone to us, you agree that our employees, contractors or vendors may access all of the information on your phone.

Availability, Interruptions, and Discontinuation to Data Services. NET10 does not guarantee the availability of Data Services and reserves the right to modify, suspend, cancel, interrupt, discontinue, terminate or reduce your data throughput speed without notice if you are engaged in any unauthorized use or if your usage adversely impacts a Carrier’s network or customer service levels. NET10 is not responsible and will not be liable for any modifications, interruptions or discontinuation of the Data Services or for any failure to receive content you purchased using Data Services. If your Data Services are modified, suspended, canceled, interrupted, discontinued or terminated, NET10 will not provide you with a refund for any remaining used or unused Data Services.

7. INTERNATIONAL LONG DISTANCE
NET10 offers its customers international long distance service (“ILD Service”) as an additional feature. These additional terms and conditions apply to customers who purchase and/or use a NET10 Service Plan with international long distance calling or the NET10 $10 Global Calling Card. By purchasing or using NET10 ILD Service, you accept the additional terms and conditions set forth below as such terms may be updated from time to time on our website.
NET10’s ILD Service allows you to place calls to select destinations internationally depending on whether you have purchased an Unlimited International Calling Plan or the $10 Global International Card. To determine if your destination of choice is available please check our website at net10.com/internationalcalling. Please be advised that the destinations which are available may change without notice at any time. NET10 ILD Service is not a substitute for regular international calling services. It will not allow you to place calls to all destinations or to all countries. NET10 ILD Service excludes calls to certain high cost wireless and landline, non-geographic and premium numbers.
NET10 Unlimited International Calling Plan. If you have purchased a NET10 Plan with unlimited International Calling Plan, your phone will be allowed to call up to 15 unique destination numbers per 30-day period. The 15 unique destination numbers automatically resets when your next plan cycle begins unless you purchase a new Unlimited International Calling Plan prior to the start of your next plan cycle. If you want to call a destination or telephone number which is not part of NET10’s Unlimited International Calling Plan, you may purchase NET10’s $10 Global Calling Card. Please visit our website to learn more about the specific features of NET10’s Unlimited International Calling Plan. If you have purchased an Unlimited International Calling Plan, your ILD Service will only work if you have Service Days left in your plan cycle. If your plan cycle has ended, you will need to purchase and redeem a new NET10 Unlimited International Calling Plan to renew your unlimited ILD Service.
NET10 Pay-As-You-Go ILD Service. NET10 also offers ILD service to customers who purchase a NET10 Pay-As-You-Go Plan or a NET10 30-Day Plan. If you have purchased a NET10 Pay-As-You-Go Plan, your Account will be deducted 1.5 units per minute for each international long distance call made from your phone. If you have purchased a NET10 30-Day Plan, your Account will also be deducted 1.5 units per minute for each international long distance call made from your phone except for NET10 1,000 Minute Plan customers who will be deducted 4.5 units per minute. For more information regarding NET10 Pay-As-You-Go and 30-Day Plans and their offerings please visit our website.
NET10 $10 Global International Calling Card. NET10 also offers a $10 Global Calling Card that must be used with another NET10 Service Plan in order for it to work. You may add or refill your ILD Service balance in $10 increments by purchasing a $10 Global Calling Card from NET10 directly by calling Customer Care or visiting our website. Your ILD Service will only work when your NET10 Service is active and when you have a positive balance in your Account. If you have purchased a $10 Global Calling Card, you will not be limited in the number of destination numbers you may call. However, the NET10 phone number you provide when purchasing a $10 Global Calling Card will be the only number that is permitted to dial internationally. You will not be able to transfer your ILD Service to another phone number.
The applicable rates to specific countries, regions or cities for customers who have purchased a $10 Global Calling Card are available online at net10.com/internationalcalling. All rates are subject to change at any time without prior notice. Calls are billed in one-minute increments. NET10’s $10 Global Calling Card expires 180 days after last use or 30 days after your NET10 Service is suspended. You are responsible for preventing the unauthorized use of your Account and the Service, and You are responsible for any reduction in value of your Account arising out of authorized and unauthorized use.
NET10 ILD Service may be provided by other carriers, many of whom may not have a direct contractual relationship or service level agreements with NET10. ILD Service provided by these third parties may not be the same as service provided in the United States or by other international long distance carriers. Events beyond our control may affect the availability and/or quality of service. No representation or warranty, express or implied, is made regarding the number of minutes available for calls to a particular country or, after having placed a call, the remaining number of minutes available for calls to any particular country.
NET10 ILD Service is intended for live dialogue between and initiated by two individuals for personal use and not for commercial use or resale. Personal use is defined as a call originated or received by a NET10 customer to initiate conversation between two individuals one of which is talking from a landline or wireless international destination. It may not be used for any other purpose including, but not limited to, conference calling, monitoring services, data transmissions, transmission of broadcasts, transmission of recorded material, interconnection to other networks, telemarketing, autodialed calls, other commercial uses, or other connections that do not consist of uninterrupted live dialogue between two individuals. The service is not for commercial use or resale. Loaning or renting your handset (mobile phone or cell phone) or service to other persons for their use or calling, hosting, establishing or maintaining a chat line is not considered personal use. We will presume a customer is engaged in non-personal use in violation of our terms and conditions if their international long distance calling usage exceeds three times the average usage of our ILD Service subscriber base, and we reserve the right to suspend, terminate or restrict your services with no prior notice.
NET10 will presume certain usage, dialing or calling patterns to indicate that you are using the ILD Service in violation of these Terms and Conditions and we reserve the right to suspend, terminate or restrict your NET10 Service without prior notice. If you believe that we are in error, please contact Customer Care at 1-877-836-2368 and depending on the circumstances, we may reactivate your ILD Service. If, however, your usage, dialing or calling patterns continue to violate these Terms and Conditions, we reserve the right to suspend, terminate or restrict your NET10 Service with no prior notice. You will not receive a refund if your service is terminated for violating these terms and conditions.
You agree not to use NET10’s ILD Service for any unlawful, abusive, or fraudulent purpose, including, for example, using the Service in a way that (a) interferes with our ability to provide the ILD Service to you or to other customers; (b) violates applicable law or this Agreement; (c) avoids your obligation to pay for the Service; or (d) is not for consumer use. You agree not to resell your NET10 ILD Service or to use your ILD Service for any unlawful or abusive purpose or in such a way as to create damage or risk to our business, reputation, employees, facilities, third parties or to the public generally.
NET10 ILD Service is not intended for intrastate dialing in the US, to place calls to area codes 500, 700, 800, 888, 877, 866, 855, 900, 976, 411 or 555, nor to place certain toll-free, operator-assisted, third-party billed, directory assistance or collect calls.
Call times for each call are rounded up to the next whole minute and billed in full minute increments. Per call charges are rounded up to the next whole penny. You will be charged for calls based upon the rates that are effective as of the date and time you place the call.
You are responsible for safeguarding your ILD Service and Account information. NET10 is not responsible for and will not issue credit for unauthorized use.

8. UNAUTHORIZED USE OF SERVICE
Your Service (i.e., voice, text, or data services) and any phone using NET10 Service may only be used for the following purposes: (a) person to person voice calls, text, and picture messaging and (b) personal web browsing, email, ordinary content downloads and uploads, video and audio streaming without excessively contributing to network congestion.

Your Service and any phone using NET10 Service may not be used for any unauthorized uses that may adversely impact other customers using our Service or the Carriers’ networks. Examples of some unauthorized uses include, but are not limited to, the following:

(i) continuous uninterrupted voice calls or otherwise using your voice service to provide monitoring services, data transmission, transmission of broadcasts, transmission of recorded material, interconnection to other networks, telemarketing activity, autodialed calls, or robocalls;
(ii) automated text or picture messaging;
(iii) uninterrupted and continuous uploading, downloading, or streaming of audio or video;
(iv) as a server device or to host computer applications, including, but not limited to, web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections or peer-to-peer file sharing;
(v) as a substitute or backup for private lines or dedicated data connections;
(vi) any applications that allow your phone to act as an internet access point or Wi-Fi for other devices and computers unless such use is allowed under your Plan.
A customer engaged in any unauthorized use may have their Service suspended or terminated in our sole discretion. We reserve the right to interrupt, suspend, cancel, or terminate your Service to protect a Carrier’s network from harm due to any cause including, without limitation, the excessive and/or unauthorized use of the Service. We further reserve the right to limit, deny, or terminate Service to anyone we believe is using it in an unauthorized manner or whose usage, in our sole discretion, adversely impacts a Carrier’s network or customer service levels. We will presume you are engaging in an unauthorized use in violation of these Terms and Conditions, if in our sole discretion, you are placing an abnormally high number of calls, or repeatedly placing calls of unusually long duration, if your voice minute total exceeds 43,200 minutes during a 30-day period, or if your talk, text or data usage is abnormally high, or harmful, or disruptive to the Carrier’s network or to our customer service levels. If we determine, in our sole discretion, that you are using your Service in violation of these Terms and Conditions or in any other manner that we deem to be unreasonable or excessive, we may interrupt, suspend, cancel, or terminate your Service.

9. COVERAGE MAPS
You will find coverage maps on our website. These maps are for general informational purposes only and depict the general coverage area of NET10. NET10 does not guarantee coverage or Service availability and the coverage maps are not a guarantee of coverage. Coverage is not available everywhere. The coverage maps display only the predicted and approximate optimal wireless coverage, while outdoors, of the network on which your phone may be activated including, the coverage area of the network’s roaming partners, if applicable. The coverage areas shown do not guarantee service availability and may include locations with limited or no coverage. Within coverage areas, there may be significant limitations or interruptions in coverage that may impact Service and result in dropped and blocked connections, slower data speeds, no data connectivity, and call interference. This could occur due to many factors including, but not limited to, your device, network changes, network traffic volume, network prioritization, network outages, technical limitations, signal strength, the terrain and your proximity to buildings, foliage and other obstructions, weather and other conditions. You will not be able to operate your phone or make 911 calls if service is not available. Some features on your device may not operate when roaming on the network of a network roaming partner. If you travel outside of your coverage area, your phone will not work. The coverage depicted on the NET10’s 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. Your coverage will also vary based upon the NET10 plan you select. NET10 is not responsible for any Service outages, interruptions in service or decline in the quality of service regardless of the cause.

10. ROAMING
Depending on the Carrier network, it is possible that under certain circumstances your phone may roam if you are outside of your network coverage area and within the United States. Roaming occurs when a subscriber of one wireless service provider uses the facilities of another wireless service provider. Although there are no additional charges for using the Service while roaming domestically, NET10 does not guarantee your ability to roam nor the availability and/or the quality of Service. Domestic roaming may be discontinued or changed at any time without notice. Due to Carrier restrictions, NET10 reserves the right to terminate the Service of any customer whose roaming usage exceeds 50% of their total usage in any three (3) Plan cycles within a 12 month period. International roaming is not offered by NET10 and is strictly prohibited.

11. WI-FI CALLING
Wi-Fi Calling may be available only on phones that are Wi-Fi Calling capable and that have a Wi-Fi Calling enabled SIM card (depending on the Carrier). Wi-Fi Calling provides you the ability to make and receive phone calls and text messages over a Wi-Fi connection. Wi-Fi Calling enhances your coverage in buildings and other locations. If you use a Wi-Fi network for making or receiving calls and text messages or for any other reason, you acknowledge and agree that your use of such Wi-Fi network is permissible and that you are solely responsible for such use. Using your Wi-Fi Calling feature may provide you with access to an unsecured Wi-Fi network which could impact your data security. You can disable Wi-Fi Calling by toggling it off in your device settings menu.
Although we recommend that you use your wireless service as your primary method of contacting 911, you may be able to use Wi-Fi Calling for dialing 911 if your phone is equipped with this feature and you have access to the internet through your phone’s W-Fi connection. To dial 911 using Wi-Fi Calling, you must provide us with an address for your primary use of Wi-Fi (“Primary Address”) at the time of activation. If the location at which you primarily use Wi-Fi changes, either temporarily or permanently, you must register the new address online at e911-reg.tracfone.com or by contacting Customer Care at 1-877-836-2368. It may take 24 hours or more to update your address information. If you do not give us your Primary Address, we will block your ability to use Wi-Fi calling. When you use Wi-Fi Calling to dial 911 and you are away from your Primary Address, we will have no information about your location. As such, always be prepared to report your precise location to emergency responders.
Please be aware that dialing 911 via Wi-Fi Calling requires access to the internet and operates differently than traditional 911 calling services. For example, 911 service via Wi-Fi Calling may be limited or not available due to various circumstances, including, relocation of equipment, loss or disruption of power, internet or wireless service, internet congestion or a connection failure, delays in availability of registered location information, and/or other technical problems.
TTY Limitations for 911 Calls: Due to technical limitations, Wi-Fi Calling cannot be used with TTY devices and will not support 911 calls over TTY devices. Persons with communications disabilities can still reach 911 services by either (1) calling 911 directly using a TTY over the cellular network or from a landline telephone, (2) sending a text message to 911 directly (in areas where text-to-911 is available) from a wireless device, (3) using relay services to place a TTY or captioned telephone service (CTS) call from a wireless phone over the cellular network or from a landline telephone, or (4) using relay services to place a IP Relay or IP CTS call over a cellular data or other IP network.
12. EMERGENCY CALLS
If you are in an area where your 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 service in an emergency situation. In an emergency, locate the nearest landline phone and call for help.

13. DISCLAIMER OF WARRANTIES
NET10 PRODUCTS AND SERVICE ARE PROVIDED ON AN “AS IS” AND “WHERE IS” BASIS AND BY USING ANY NET10 PRODUCT OR SERVICE YOU AGREE THAT TRACFONE WIRELESS, INC. D/B/A NET10 WILL HAVE NO LIABILITY EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT FOR ANY FAILURE, DEFECTS, MALFUNCTIONS, OR ERRORS IN THE PRODUCTS OR SERVICE. EXCEPT AS SET FORTH IN SECTION VI (LIMITED WARRANTY), TRACFONE WIRELESS, INC. D/B/A NET10 MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING TITLE, MERCHANTABILITY, SUITABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE IN RELATION TO ANY PRODUCT OR SERVICE.

You acknowledge and agree that the use of any NET10 Product or Service is at your sole risk and that your Service may be unavailable, interrupted, delayed, or limited for a variety of reasons outside of our control. Not all Products or Services (including Plans) are available for purchase or use in all sales channels, in all areas, or with all devices. Service is subject to transmission limitations caused by certain equipment and compatibility issues, network prioritization, 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 network. NET10 does not warrant or guarantee the availability of the Service at any specific time or in any specific geographic location or that Services will be provided without interruption. Neither NET10, nor any Carrier, shall have any liability for Service failures, outages, or limitations of Service. Because of the risk of being struck by lightning, you should not use your phone outside during a lightning storm. You should also unplug the phone’s power cord and charger to avoid electrical shock and/or fire during a lightning storm. Certain phone features may not be available with the Service or their functionality may be limited. All plan rates, features, functionality and other product specifications are subject to change without notice or obligation. At any time, NET10 reserves the right to substitute and/or replace any NET10 Product or Service with another Product or Service of comparable quality.

14. LIMITATION OF LIABILITY
IN NO EVENT SHALL TRACFONE WIRELESS, INC. D/B/A NET10 OR ITS VENDORS, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU OR ANY OTHER USER OF YOUR NET10 PRODUCT OR SERVICE FOR ANY ACTUAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES CLAIMED FOR LOST PROFITS, REVENUE, INCOME, SALES, BUSINESS, GOODWILL, DATA OR INFORMATION, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, OR OTHER THEORY OF LIABILITY AND REGARDLESS OF WHETHER NOTICE THAT SUCH LOSS MAY OCCUR WAS PROVIDED OR WHETHER NET10 KNEW OF THE LIKELIHOOD OF SUCH DAMAGES. WITH RESPECT TO JURISDICTIONS THAT MAY NOT ALLOW THE EXCLUSION OF LIABILITY, BUT MAY ALLOW LIABILITY TO BE LIMITED IN SOME CASES, NET10, ITS VENDORS, SUPPLIERS, OR LICENSORS’ LIABILITY SHALL BE LIMITED TO U.S. $50.

You agree that neither we nor our vendors, suppliers, or licensors are responsible for any damages you may suffer or incur resulting from: (a) any Product or Service provided to you by or manufactured by a third party; (b) any act or omission by another party; (c) providing or failing to provide any Service, including, but not limited to, deficiencies or problems with a phone or network coverage (for example, dropped, blocked, interrupted Service, etc.); (d) accidents or any health-related claims arising from or related to our Service; (e) content or information accessed on your phone while using our Service; (f) an interruption or failure in accessing or attempting to access emergency services from a phone, including through 911, enhanced 911 or otherwise; (g) interrupted, failed, or inaccurate location information services, (h) content or information that is blocked by a spam filter, (i) 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 (j) 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. You should implement appropriate safeguards to secure your phone, computer or equipment and to back-up your information stored on each.
15. UNAUTHORIZED USE OF PRODUCTS
NET10 phones and NET10 Service are sold exclusively for use by you, the end consumer. The unauthorized use or resale of your NET10 phone constitutes a violation of your agreement with NET10 and will invalidate the Limited Warranty associated with your phone. You agree not to unlock, root, re-flash, jailbreak, tamper with or alter the build state of your NET10 phone in a manner which conflicts with the Unlocking Policy referenced in Section VII below. You also agree not to use unauthorized PINs with your phone or engage in any other unauthorized or illegal use of your phone or the Service, or assist others in such acts, or to sell and/or export NET10 phones outside of the United States. Any attempt to unlock your NET10 phone in an unauthorized manner or to root, re-flash, jailbreak, tamper with or alter the build state of your NET10 phone may result in the inability to unlock your device, maintain your device’s unlocked state, or otherwise cause your device to malfunction. Such use along with any other unauthorized use of your NET10 phone may result in the immediate suspension or termination of your Service without notice and legal action. NET10 will strictly enforce its rights under this provision and will prosecute violators to the full extent of the law. You agree that any violation of this provision 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. For more information about the unauthorized use of NET10 phones refer to www.stopcellphonetrafficking.com.

If your NET10 phone has a SIM Card or if you have purchased an SIM Kit, 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 or to allow any other person to do so. Any violation of the restrictions on the use of your SIM Card that are contained in this section may result in the immediate termination of your Service without notice. The Carriers, NET10, or its service providers, may, from time to time, remotely update or change the encoded information on your SIM card or your phone.

In the event of termination for any other unauthorized usage, you will forfeit your unused Service and you will not be entitled to receive a refund for your NET10 phone or for any unused Service.

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