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hmmmm havnt seen it yet... maybe some of you are misbehaving?? slap on the wrist??


yeah, I got that. I just assumed everyone else did as well.

There really hasn't been any change in my account since I first signed up five or so years ago other than I watch more instant and less discs.


some people have it, some dont..

its basically to remind people that they are in netflix's terms of use - some people will call not knowing terms of use and asking why certain things happen and why netflix is doing what they're doing, so thats netflix's way of just reminding people of our terms of use so everyone is on the same page..

(ps, i work for netflix, thats why i know that)


Received this about a week ago. I don't do anything dodgy, but it was after I watch all three of my movies in a single day and had them back in the mail the next day.

Maybe they are reminding suspected rippers that copying is a no-no?


Yes, I have received this. I've been good.
However, I am very peeved that I almost never get new releases. So, in an effort to watch certain "new" movies while still young, I just rent them from a local store (1.99, two nights) that I go by twice a day.


i'm not sure if your response clears anything up, Brandon. what sort of things are people asking about? is it that bete noir of heavy users, throttling?

and what does an unsolicited copy of the entire terms of use accomplish? if you wanted to make a point, wouldn't you highlight a section in some way?

or have the terms of use changed significantly at some point and people who signed up 5 years ago and agreed to the terms might be operating under a different set then recent users. (i signed up about 4.5 yrs ago, fwiw, and i haven't gotten the notice)


I received the notice but I assumed it was because I was coming off of a 6 month gift subscription and would be going back to paying for the service myself.


Yes, I saw it about a week ago and also wondered if it was for everybody or because I'd done something "naughty." (Although I really don't think I did.)


I received this same "reminder". To be honest, it almost makes me mad. Am I guilty of something? Why is this here?


I received this about 1-2 months ago. Don't know why - haven't called or emailed them in years.

I ignored it for about a week and let it stay up. It then changed to a message that I had a short time to agree to the terms before further action was taken (further action?).

I finally clicked okay and moved on. Not sure why I got over a month ago and people are just now getting them? Odd.


If you read the TOU carefully you'll find that it says in paragraph 162:

Amendment to United States Constitution

In Case of the Resignation of the President from Office or Inability to discharge the Powers and Duties of the said Office, the Congress may by law provide for declaring that Reed Hastings shall then act as President.

That's weird.


i just assumed they made some minor changes to the terms of use, or changed some wording or something. i didn't take it as anything negative.

a terms of use is for both parties, it's more of a contract than a "no skateboarding" sign.


This is the part of the TOU that really p*$@ed me off:

"When you add Blu-ray access, the Blu-ray fee applies whether or not you receive a Blu-ray disc during your billing period ..."

IMO, Netflix should mod their system to charge the Blu-ray fee on a per BD delivered.

James B

I got that too about a month or two ago. No idea why. I was pissed so I thought I would just ignore it and not click agree, just to be a rebel. I quickly gave in since the dang thing never went away and I was constantly bombarded with it.


The Blu-Ray thing is interesting. I have not recived this reminder to agree to the TOU. I wonder if only pepole that get Blu-Ray disc sent to them are getting this?


" I wonder if only pepole that get Blu-Ray disc sent to them are getting this? "

No. I have never received blu-ray but I got this TOU reminder almost 2 months ago. I guess it's rolling out in stages to everyone.

BTW, it's not just a blu-ray reminder, he was just saying that is the wordage in the TOU about blu-ray. NF wants you to re-agree to the entire TOS.


So, on the netflix TOU is not listed in numbered paragraphs, so I'm wondering where paragraph 162 is......? (responding to "hello", on June 15th).


customers will get it when it's their year renewal time i believe - i asked. i believe it's that - so it will be on a rotating basis that customers would get that message - i assume then get it once a year from now on...


I received this and was wondering if i did something wrong. I definitely am not a suspected "ripper" because i only have one at a time and usually keep it for at least 3 days.

Rearden Steel

I got this probably 4 months ago or so. I had intended to never click it, mostly because I didn't like that they weren't telling my what had changed.
However, today I was forced to load MS Silverlight into IE8 in order to watch a movie online. In order to do that, I had to click that I agreed to the portion of the TOU that applied to use of MS Silverlight and the watch-instantly feature.
Wouldn't you know, the request to agree to the TOU is no longer on my NF page. Appears they got me.
I think this is what they want everyone to agree to:
System Requirements and Device Limitations: To enjoy watching instantly via your personal computer, your equipment must satisfy certain system requirements. Click here to view the various system requirements. As an additional member benefit, you may instantly watch on up to six unique authorized devices, including personal computers and Netflix ready devices. For certain plans, you will be allowed to instantly watch simultaneously on more than one personal computer or through more than one Netflix ready device within your household, up to total of four devices at a given time. To view the number of devices on which you may simultaneously view movies that are associated with your plan, click here. The number of devices and concurrent streams may change without notice to you.


We reserve, in our sole and absolute discretion, the right to withdraw the watch instantly functionality entirely from the Netflix service or to limit, condition, terminate, charge for or otherwise modify your use of the watch instantly functionality at anytime without notice; provided however, we will give you notice before we institute any additional charges for the watch instantly functionality.

Note that NF is going to have to collect and store information that uniquely identifies your computer. Also, you have no right to complain if movies you watch-instantly look like crap. This probably all stems from the Frazier lawsuit and from copyright royalty entanglements. Netflix, it seems, is trying to protect themselves from 1)having to actually provide the service they are selling to customers, and 2)getting sued by would-be royalty recipients for not controlling tightly enough the use of the streaming feature.


"Received this about a week ago. I don't do anything dodgy, but it was after I watch all three of my movies in a single day and had them back in the mail the next day.

Maybe they are reminding suspected rippers that copying is a no-no?"

same here. i was watching all the movies and sending them back the next day. after about a week i got the 'terms of service' memo...

Edward Garcia

Here's the revealing and disturbing part of the new terms, which basically admit to what they were sued for:
"In determining priority for shipping and inventory allocation, we may utilize many different factors, including the number and type of DVDs you rent through our service, the membership plan you select, as well as other uses of our service by you. For example, if all other factors are the same, we give priority to those members who receive the fewest DVDs through our service. The type, number, mix and weighting of the various factors impacting shipping and inventory allocation will change from time to time and will be made in our sole and absolute discretion." In other words, if they find you renting and returning quickly, and it ups the amount of monthly dvds you rent, they can intentionally slow down your shipments so you don't rent too many. They also mention in this section that "most people check out 1-11 dvds in a month". I guess this is their target # for what they want to allow.


I'm pretty sure they are just trying to avoid another class action lawsuit. I think there's been at least two so far. Given that the service is for something that people don't need to live comfortably and that the same service is provided by others, a court is going to enforce whatever terms that the customer agrees to. By making the customers agree to whatever practices or policies that Netflix wants to avoid getting sued for, it makes it much harder for anyone in the future to get a class action settlement or judgment against Netflix.


So some questions, but first some facts. I just got thie notice July 13 and it was not clear why. I have been a long time netflix subscriber and have recommended it to most of my family and friends. Recently, I also started watching a lot of the instant video since the mail system takes a while and I currently have a lot of free time. Am I being punished for the use of what appears to be the service I pay for? I see and hear rumors about a class action suit and wonder if clicking that "I agree" button means I give up my portion if there is one in some way. By not clicking it, does it mean I cannot watch instant movies or does it also mean that I won't receive the regular ones in the mail anymore - the service I have paid for for several years?

OK, better question - who knows of another service that is similar but not to messed up?


I just got this the other day too. I havent clicked on it and today the message changed to:

Final Reminder
Your continued use of the Netflix service is subject to our Terms of Use.
You must cancel your membership promptly if you decide that you no longer wish to be bound by the Terms of Use.

I am still not clicking on it


I really wished Netflix highlighted the differences between the existing terms of service and the new terms of service. It makes me quite wary to click on the "I agree" button.


This may be smart legal policy on NF's part, for whatever reason, but it is terrible marketing. It takes about an hour to read all that fine print and everywhere you look it says your use of the service constitutes acceptance of the terms. Why does NF want to make good customers feel suspicious and guilty? Not smart.

Michael Dwyer

Note that you may be able to track changes in the TOU using this site from the EFF: http://www.tosback.org/policy.php?pid=47

For what it is worth, they don't currently report a change in the terms, so this may indeed be just a reminder.

Robert Alaniz

I think it is a yearly reminder, I have been a subscriber since September 2008 and have had blue-ray access since christmas (that's when I got my ps3). I only started receiving the message a few weeks ago, so in only makes sense it alligns with a yearly reminder.


I received the "Important Reminder" message at the start of the first payment period after my eighth anniversary with Netflix. Following Gray's example, I refused to click on it. Nineteen days later the message changed to the "Final Reminder" and I still didn't click on it. Eight days after that (on October 11), the message disappeared; I never clicked on it.


I called Netflix about it. And I found out that there is really no changes. But it was actaully my anniversary with them. So I guess they just want to remind you about the TOU every year so you don't forget and for legal reasons for themselves.


Has anyone noticed that the date on the TOU is September 15, 2009 but (according to http://www.tosback.org/diff.php?vid=892) it was updated October 26 around 9am PT.

Does this make you go hmmmmm?

It looks like they added in a bunch of stuff about their instant streaming discs. I am not sure what that is ... seems ominous.

Oliver Q.

I just got this notice as well. I am on the 4 At a time plan and average about 30 disks a month & happened to have called about a broken disk earlier this week (and asked it be sent as a bonus disk as to not hold up my other stuff). I have a feeling they are going to start intentionally throttling my account and that makes me a bit sad.

Jim White

I just got the same message. What really frosts me is the LENGTH of the terms of use document. I did a "print preview" and it counted 14 PAGES of legalese. Don't tell me it doesn't make any difference because no one reads them. Thats a REALLY dangerous habit to get into. I did it once, I don't want to do it again. Red Box is looking really good to me.


I just got this notice. I don't watch very many discs and even watch mostly catalog titles.

Still I wonder if they send this "reminder" when people are keeping discs for a long time and throwing money at Netflix...

Morgan Glines

I would like to know what's changed if they're prompting me to accept new terms.

Morgan Glines

Link to old copies of Netflix TOS:


Billy H.

I never clicked it and eventually it just went away. I can't watch Netflix on my computer (Linux) anyway, but I have the original Roku box and I keep my DVDs for a week or so.


I got the same Final Reminder. This is crap. Will they cancel my account for me if I don't comply. Will I be reimbursed? I also return a lot of movies the next day. I don't want to give them the right to put me low on a list because I fully use their service. Blockbuster here I come.


It's probably an annual bit. I m considered a member since November 2009 (I also had the service a few years earlier), and just received the same reminder.

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