Jump to Site Navigation

Networkfleet Website Terms and Conditions of Use

Date of Last Revision: February 16, 2010
PLEASE READ THIS ACCEPTABLE USE POLICY ("POLICY") CAREFULLY. BY ACCESSING OR USING THIS WEB SITE OR THE NETWORKFLEET SERVICES (DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE OR THE NETWORKFLEET SERVICES. This Policy and terms and conditions contained herein govern your use of the Web site of Networkfleet, Inc. ("Networkfleet," "us" or "our"), located at URL www.networkfleet.com (the "Site") and/or your use of any of the services offered by Networkfleet to: (a) collect diagnostic and/or location information from a vehicle using a Networkfleet wireless device (a "Device"); (b) analyze, deliver and post the information to the Site; (c) notify the vehicle owner and a designated third party by e-mail of certain events or information; (d) the DataConnectTM Service and/or (e) any other service offered by Networkfleet (collectively, the "Networkfleet Services") (your use of the Site, the Devices and the Networkfleet Services are referred to in this Policy as the "Services"). If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept the terms contained herein on such entity's behalf, and that such entity agrees to indemnify Networkfleet for violations of the terms and conditions of this Policy by you or others on behalf of such entity.

1. Privacy Policy

Please refer to our Privacy Policy for information on how we collect, use and disclose personal information from our customers, resellers and users.

2. Copyrights and Limited License

Except for content and other materials we obtain from you or unless otherwise indicated, all content and other materials provided, displayed or furnished on the Site or in connection with the Networkfleet Services, including, without limitation, the Networkfleet logo, and all designs, text, graphics, pictures, information, data, software, audio and video clips, other files and the selection and arrangement thereof (collectively, the "Materials") are, as between Networkfleet and you, the proprietary property of us or our licensors or users and are protected by U.S. and international copyright laws. You are granted a limited, non-sublicensable license to access and use the portions of the Site made available by us for your use (but not any portions of the Site for which access is restricted and you are not expressly granted access rights) and electronically copy (except where prohibited without a license) and print to hard copy portions of the Materials. Any use of the Services or Materials other than as specifically authorized herein, without the prior written permission of Networkfleet, is strictly prohibited and will terminate the license granted herein. Such authorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. If you wish to obtain permission to reprint or reproduce any Materials, you may contact us at support@networkfleet.com. All rights to the Materials not expressly granted herein are reserved. Unless explicitly stated herein, nothing in this Policy shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

3. Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, Networkfleet has adopted a policy of terminating, in appropriate circumstances and at Networkfleet's sole discretion, subscribers or account holders who are deemed to be repeat infringers. Networkfleet may also at its sole discretion limit access to the Services or the Materials and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

4. Copyright Complaints

If you believe that any Materials or anything else on the Site or used in connection with the Services infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.

  • Name of Agent Designated to Receive Notification of Claimed Infringement: Joshua Haims
    Full Address of Designated Agent to Which Notification Should Be Sent: 6363 Greenwich Drive, Suite 200, San Diego, CA 92122
    Telephone Number of Designated Agent: 858-450-3245
    Facsimile Number of Designated Agent: 858-450-3246
    E-Mail Address of Designated Agent: privacy@networkfleet.com

Please see 17 U.S.C. § 512(c) (3) for the requirements of a proper notification. Any information provided by you in your notification (including any personal information contained therein) may be forwarded to the person who has provided the allegedly infringing content, and your sending us such notification constitutes your consent to share this information with the alleged infringer.

You should also note that if you make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for all damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to a user's address in our records.

5. Trademarks

The Networkfleet marks, slogans and logos and other product or service names or slogans contained in the Site, including, without limitation, Networkcar, Car Guardian™, Hughes Telematics, Inc. ("HTI"), and the names of any HTI products and/or services referenced herein, and the list below, are trademarks of Networkfleet, HTI or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Networkfleet or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "Networkfleet" or any other name, trademark or product or service name of Networkfleet or HTI without our the prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site or used in connection with the Networkfleet Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise, does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

The following is a list of trademarks, service marks and logos owned or exclusively licensed by Networkfleet, its affiliates or its suppliers or licensors:


  • Know what your car is thinking™
  • Connect with your inner car™
  • Car Guardian™ Networkfleet™
  • Go Green and Save GreenSM
  • Networkcar®
The absence of a product or service name, slogan or logo from the above list does not constitute a waiver of our trademark or other intellectual property rights concerning that name, slogan or logo.

6. Software

Any software that is made available to download from the Site ("Software") is the copyrighted work of Networkfleet and/or its licensors. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a license agreement, Networkfleet hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using the Services in accordance with these terms and conditions, and for no other purpose.


7. Third Party Content

Networkfleet may provide third party content on the Site or in connection with the Networkfleet Services and may provide links to Web pages and content of third parties (collectively, the "Third Party Content") as a service to those interested in this information. Networkfleet does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. Networkfleet makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third party Web sites, including those accessible from the Site, or Web sites linking to the Site. When you leave the Site or any Networkfleet Web pages accessed through the Networkfleet Services, you should be aware that our terms and policies no longer govern, and you use such Third Party Content at your own risk.


8. Advertisements and Promotions; Third Party Products and Services

Networkfleet may run advertisements and promotions from third parties or may otherwise provide information about or links to third party products or services on the Site or in connection with your use of the Services. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and such third party. Networkfleet is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-Networkfleet advertisers or third party information on the Site or when resulting in connection from your use of the Services.

9. User Content and Interactive Services or Areas

The Services may include discussion forums, user-generated content or other interactive areas or services ("Interactive Areas"), including chat rooms or message boards, online hosting or storage services, or other areas or services in which you or other users create, post or store any content, messages, materials, data, information, text, music, sound, photos, video, graphics, code or other items or materials on the Site or otherwise in connection with the use of the Networkfleet Services (including, without limitation, through the use of any Devices provided to you in connection with the Networkfleet Services) ("User Content"). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:


  1. User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  2. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or otherwise create liability or violate any local, state, national or international law;
  3. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party - by posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
  4. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
  5. Unsolicited promotions, political campaigning, advertising or solicitations;
  6. Private information of any third party, including, without limitation, addresses, phone numbers, e-mail addresses, Social Security numbers and credit card numbers;
  7. Viruses, corrupted data or other harmful, disruptive or destructive files; and
  8. User Content that, in the sole judgment of Networkfleet, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose Networkfleet or its users to any harm or liability of any type.
Networkfleet takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Networkfleet liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. As a provider of interactive services, Networkfleet is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Although Networkfleet has no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area or used in connection with the Services, Networkfleet reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice, and you are solely responsible, at your sole cost and expense, for creating backup copies of and replacing any User Content you post or store on the Site. Any use of the Interactive Areas or other portions of the Services in violation of the foregoing violates this Policy and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Services. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect Networkfleet's systems and customers, or to ensure the integrity and operation of Networkfleet's business and systems, Networkfleet may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e., name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted User Content. Networkfleet's right to disclose any such information shall govern over any terms of Networkfleet's Privacy Policy.

If you post User Content to the Site or otherwise in connection with the use of the Networkfleet Services or Devices, unless we indicate otherwise, you grant Networkfleet and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media on or in connection with the Services. You grant Networkfleet and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Interactive Areas or the Site or that you otherwise provide through the Networkfleet Services; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate this Policy and will not violate any rights of or cause injury to any person or entity.

10. Registration Data; Account Security

In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data and any other information you provide to Networkfleet, to keep it accurate, current and complete; (d) to the extent you are a registered user, not permit unauthorized parties to access or view secured portions of or information obtained from the Site, including, without limitation, those applicable to the use of the Networkfleet Services; (e) promptly notify Networkfleet of any suspected compromises of your password and identification; and (f) accept all risks of unauthorized access to the Registration Data and any other information you provide to Networkfleet.

11. Disclosure: Forward-Looking Statements

Some of the information contained in the Site or furnished in connection with the Networkfleet Services may contain projections or other forward-looking statements regarding future events or the future financial performance of Networkfleet. These statements are only predictions, and actual events or results may differ materially.

12. Indemnification

You agree to defend, indemnify and hold harmless Networkfleet, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any actual or threatened suit, demand, claim or action and any damages, costs, liabilities and expenses (including but not limited to reasonable attorneys' fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Services, your use of the Interactive Areas, your conduct with respect to the Services, your violation of this Policy or your violation of the rights of any third party.


13. Disclaimer

EXCEPT AS EXPRESSLY SET FORTH IN THIS POLICY, THE PRIVACY POLICY OR ANY NETWORKFLEET EXECUTED AGREEMENT WITH YOU, THE SERVICES AND ANY MATERIALS CONTAINED THEREIN OR PROVIDED IN CONNECTION THEREWITH ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NETWORKFLEET DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; TITLE AND NON-INFRINGEMENT AS TO THE SITE, NETWORKFLEET SERVICES; OR DEVICES AND THE DATA, INFORMATION, CONTENT, SOFTWARE AND MATERIALS IN THE SITE OR PROVIDED IN CONNECTION WITH THE SERVICES. NETWORKFLEET DOES NOT REPRESENT OR WARRANT THAT DATA, INFORMATION, CONTENT, SOFTWARE AND MATERIALS IN THE SITE OR PROVIDED IN CONNECTION WITH THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE, NETWORKFLEET SERVICES OR ITS SERVERS USED IN CONNECTION THEREWITH ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Networkfleet reserves the right to change, at any time without notice, any and all content contained in the Site and/or the Networkfleet Services. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise, does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Networkfleet.

14. Limitation of Liability

IN NO EVENT SHALL HTI, NETWORKFLEET, CONTENT PROVIDERS, SUPPLIERS, OR ANY SUCH PARTY'S RESPECTIVE DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY DIRECT, SPECIAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE), (A) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SERVICES OR THE USE OF OR INABILITY TO USE THE SERVICES, CONTENT (INCLUDING BUT NOT LIMITED TO ANY THIRD PARTY CONTENT) OR MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY SUBMISSIONS OR CONTENT PROVIDED BY YOU OR ANY OTHER USER; OR (B) OTHERWISE ARISING OUT OF THE USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES (1) CAUSED BY OR RESULTING FROM RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM HTI OR NETWORKFLEET, OR (2) THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO HTI OR NETWORKFLEET'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF HTI OR NETWORKFLEET, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO HTI OR NETWORKFLEET FOR ACCESS TO OR USE OF THE SITE OR THE SERVICES.

YOU UNDERSTAND AND ACKNOWLEDGE THAT, IF YOUR ACCESS OR USE OF THE SERVICES OR INFORMATION OBTAINED FROM THE SITE OR IN CONNECTION WITH THE SERVICES VIOLATES THIS POLICY OR ANY OF THE TERMS AND CONDITIONS HEREIN, OR IF YOU FACILITATE ANOTHER PERSON'S VIOLATION OF THIS POLICY OR THE TERMS AND CONDITIONS HEREIN, YOU AND/OR YOUR COMPANY SHALL BE LIABLE FOR ANY AND ALL CONSEQUENCES AND MAY BE SUBJECT TO LOSS OF ACCESS PRIVILEGES AND/OR LEGAL ACTION BY NETWORKFLEET AND/OR HTI, OTHER USERS AND ANY OTHER AFFECTED PARTY.


15. Applicable Law

This Policy and your use of the Services shall be governed by and construed in accordance with the laws of the State of California without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to this Policy shall be filed only in the state and federal courts located in county in San Diego County in California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of this Policy. We make no representations that the content in the Services is appropriate for access outside the United States. Those who choose to access the Services from outside the United States do so using their own initiative and are responsible for compliance with local laws. If any provision within this Policy is held to be invalid or unenforceable in an action, such provision shall be deemed stricken for purposes of that action and all remaining provisions shall be enforced.


16. Compliance with Laws

You agree to comply with all applicable statutes, regulations and legal obligations, including those relating to the privacy of individuals, regarding your use of the Services and information obtained from the Services. You understand and agree that Networkfleet may, in our sole discretion, report suspected violations to the appropriate authorities or parties.

Any software, application or otherwise, and all underlying information and technology downloaded, viewed or made available on the Site or in connection with the Services (collectively, the "Technical Data"), may be subject to United States export controls, including the Export Administration Act (50 U.S.C. Appx. §§ 2401 et seq.) and the Export Administration Regulations (50 C.F.R. Parts 730-774), and may be subject to export or import regulations in other countries. You are responsible for complying with all trade regulations and laws, both foreign and domestic. Except as authorized by law, you agree and warrant not to export or re-export any Technical Data to any country, or to any person, entity or end-user subject to export controls, including, without limitation, persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration's Denied Parties List and the U.S. Department of Treasury's Specially Designated Nationals. You further represent and warrant that no U.S. federal agency has suspended, revoked or denied your export privileges.

17. Termination

Notwithstanding any of the terms or conditions in this Policy, Networkfleet reserves the right, without notice and in our sole discretion, to terminate your license to use the Site or Networkfleet Services, and to block or prevent your future access to and use of the Site or Networkfleet Services. You understand and agree that Networkfleet, at our sole discretion and without prior notice, may terminate and block or prevent your access to and use of the Networkfleet Services and any e-mail services offered on the Site, and may remove any User Content you have provided or any data related to your account.

18. Severability

If any provision of this Policy shall be deemed unlawful, void or for any reason unenforceable, then (i) such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision; (ii) such provision will be void to the extent it is held to be invalid or unenforceable; (iii) such provision will remain in effect to the extent that it is not invalid or unenforceable; and (iv) such invalidity or unenforceability will not affect any other provision of this Policy.


19. Modifications

Networkfleet reserves the right, at any time without notice and in our sole discretion, to change or modify any of the terms and conditions contained in this Policy, any other policy or guideline of the Services, and any and all content contained in the Site or Networkfleet Services. Any changes or modifications will be effective immediately upon posting of the revisions on the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Site or Networkfleet Services following the posting of changes or modifications will confirm your acceptance of such changes or modifications. You should frequently review this Policy and applicable policies from time to time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Services.


20. How to Contact Us

If you have any comments or questions, please contact us at the e-mail address support@networkfleet.com or by calling us at 1-866-227-7323, or write us at:


Networkfleet, Inc.
6363 Greenwich Drive. Suite 200
San Diego, CA 92122

Site 'Breadcrumb' Navigation:

'Share' this site to:

Back to Top

Back to Top