Zoom Broadband, LLC provides Services that allow its customers to connect to the Internet through a high-speed cellular and/or terrestrial fixed internet access connection. The customer services use resources that are shared with many other customers and each user benefits by being able to share these resources. However, as with any resource, the benefits provided must be balanced with duties and responsibilities so that all users can rely on them for a productive experience. Use of the services therefore is subject to the rules and guidelines set forth below.
By subscribing to or using Zoom Broadband services, you agree to abide by the following agreements and policies:
- Acceptable Use Policy
- Abuse Policy
- Technical Support Policy
- Terms of Service Agreement
- Billing Policy
Zoom Broadband reserves the right to terminate any account for violations of the above policies and to revise, amend or modify any of the above policies at any time and in any manner.
Links to third party web sites on this site are provided solely as a convenience to you. If you use these links, you will leave the Zoom Broadband web site. Zoom Broadband has not reviewed, does not control, does not endorse, and is not responsible for any of these sites or their content. If you decide to access any of the third party web sites linked to the Zoom Broadband web site, you do so entirely at your own risk.
If you have questions concerning your account, you may call our office at 844-ZOOM333 or send an email to firstname.lastname@example.org.
Thank you for choosing Zoom Broadband to be your Internet service provider. We appreciate your business.
ACCEPTABLE USE POLICY
Each customer of Zoom Broadband, LLC’s service is responsible for ensuring that the use of all Services provided to such complies with this Acceptable Use Policy (the “Policy”). ANY USER WHO DOES NOT AGREE TO BE BOUND BY THESE TERMS SHOULD IMMEDIATELY STOP USE OF THE SERVICES AND NOTIFY ZOOM BROADBAND, LLC SO THAT THE USER’S ACCOUNT MAY BE CLOSED.
PROHIBITED USES AND ACTIVITIES
The Policy prohibits uses and activities involving the Customer’s Service that are illegal, infringe the rights of others, interfere with or diminish the use and enjoyment of the Customer’s Service by others, or impede Zoom Broadband, LLC from providing the Customer’s Service or operating its business. These prohibited uses and activities include, but are not limited to, using the Customer’s Services, equipment purchased through Zoom Broadband, LLC, or customer-provided equipment, either individually or in combination with one another, to:
CONDUCT INFORMATION AND RESTRICTIONS
- undertake or accomplish any unlawful purpose;
- upload, download, post, store, send, transmit, or disseminate any information or material which is harassing, threatening, or intimidating;
- upload, download, post, publish, transmit, reproduce, or in any other way infringe copyrights of third parties;
- transmit unsolicited bulk or commercial messages commonly known as “spam;”
- collect responses from unsolicited bulk messages;
- send very large numbers of copies of the same or substantially similar messages, empty messages, or messages which contain no substantive content, or send very large messages or files that disrupts a server, account, newsgroup, or chat service;
- collect very large numbers of e-mail addresses, screen names, or other identifiers of others (without their prior consent), a practice sometimes known as spidering or harvesting, or participate in the use of software (including “spyware”) designed to facilitate this activity;
- falsify, alter, or remove message headers with an intent to deceive;
- falsify references to Zoom Broadband, LLC, the Cellular Service Provider, the network, by name or other identifier, in messages;
- impersonate any person or entity, engage in sender address falsification, forge anyone else’s digital or manual signature, or perform any other similar fraudulent activity (for example, “phishing”);
- violate the rules, regulations, or policies applicable to any network, server, computer database, or Web site that you access;
- access any other person’s computer or computer system, network, software, or data without his or her knowledge and consent; breach the security of another user or system; or attempt to circumvent the user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other hosts, networks, or accounts without express permission to do so;
- use or distribute tools or devices designed or used for compromising security, such as password guessing programs, decoders, password gatherers, unauthorized keystroke loggers, analyzers, cracking tools, packet sniffers, encryption circumvention devices, or Trojan Horse programs. Unauthorized port scanning is strictly prohibited;
- distribute programs that make unauthorized changes to software (cracks);
- use or run dedicated, stand-alone equipment or servers from the Premises that provide network content or any other services to anyone outside of your Premises local area network (“Premises LAN”), also commonly referred to as public services or servers. Examples of prohibited equipment and servers include, but are not limited to, e-mail, Web hosting, file sharing, and proxy services and servers;
- use or run programs from the Premises that provide network content or any other services to anyone outside of your Premises LAN;
- service, alter, modify, or tamper with Equipment or Service or permit any other person to do the same who is not authorized by Zoom Broadband, LLC;
NETWORK AND USAGE RESTRICTIONS
- restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the Customer’s Service, including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others’ ability to use, send, or retrieve information;
- restrict, inhibit, interfere with, or otherwise disrupt or cause a performance degradation, regardless of intent, purpose or knowledge, to the Customer’s Service or any Zoom Broadband, LLC or Cellular Service Provider host, server, backbone network, node or service, or otherwise cause a performance degradation to any Zoom Broadband, LLC (or Cellular Service Provider) facilities used to deliver the Service;
- interfere with computer networking or telecommunications service to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abusing operator privileges, and attempts to “crash” a host;
- access and use the Customers Service with anything other than a dynamic Internet Protocol (“IP”) address that adheres to the dynamic host configuration protocol (“DHCP”). You may not configure the Service or any related equipment to access or use a static IP address or use any protocol other than DHCP unless you are subject to a service plan that expressly permits you to do so;
- engage in Excessive Use, as defined below.
II. CUSTOMER CONDUCT AND FEATURES OF THE SERVICE
The user is responsible for any misuse of the Customers Services, even if the inappropriate activity was committed by a friend, family member, guest, employee or customer with access to the user’s account. Steps should be taken into account to ensure that others do not gain unauthorized access to the Services and ensure that end users do not engage in any of the “Prohibited Uses and Activities” identified above. You are solely responsible for the security of any device you choose to connect to the Services, including any data stored on that device. In particular, Zoom Broadband, LLC recommends against enabling file or printer sharing of any sort. Zoom Broadband, LLC recommends that any files or services that are made available for remote access by the user be protected with a strong password, personal firewall, or other appropriate measures.
INAPPROPRIATE CONTENT AND TRANSMISSIONS
There may be content on the Internet or otherwise available through the Services which may be deemed offensive, or which may not comply with federal, state and local laws, regulations and other rules. For example, it is possible to obtain access to content which is harassing, threatening, intimidating, pornographic or offensive, particularly to children. Zoom Broadband, LLC does not assume any responsibility for the content contained on the Internet or otherwise available through the Services. You must assume the risk of accessing content through the Service and Zoom Broadband, LLC shall not have any liability for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to access to such content. Parents may want to use a program capable of restricting access to sexually explicit material on the Internet. Content questions or complaints should be addressed to the content provider. Users are solely responsible for any information which they publish on the web or other Internet services. The user must ensure that the recipient of the content is appropriate. For example, you must take appropriate precautions to prevent minors from receiving inappropriate content. Zoom Broadband, LLC reserves the right to refuse to post or to remove any information or materials, in whole or in part, that is, in its sole discretion, deems to be offensive, indecent, or otherwise inappropriate regardless of whether such material or its dissemination is unlawful. Zoom Broadband, LLC does not have any obligation to monitor transmissions made on the Services. However, Zoom Broadband, LLC does have the right to monitor such transmissions from time to time and to disclose the same in accordance with your subscriber agreement. By using the Services to reproduce, publish, display, transmit and distribute content, a user is warranting that the content complies with this Policy and authorizing Zoom Broadband, LLC to reproduce, publish, display, transmit and distribute such content as necessary for Zoom Broadband, LLC to deliver the content in a timely manner.
CONTENT USAGE AND DELIVERY
Each user is responsible for the contents of his or her social media, instant, video, and audio messages and the consequences of any user’s content. Zoom Broadband, LLC assumes no responsibility for the timeliness, misdelivery or deletion of, or any failure to store, media or content.
III. NETWORK MANAGEMENT AND LIMITATIONS ON BANDWIDTH CONSUMPTION
The network is designed for typical usage by a typical computer user. Bandwidth on the network is a limited, shared resource among Zoom Broadband customers and cellular service subscribers. Because we seek to provide the customer’s service at a reasonable cost to the largest number of users, the use of our network is subject to usage limitations. Users therefore must comply with the current bandwidth, data throughput, and other limitations on the Service, including the excessive use guidelines described below. Users must ensure their activity does not improperly restrict, inhibit, or degrade any other user’s use of the Service, nor represent (in the sole but reasonable judgment of Zoom Broadband, LLC) an unusually large burden on the network itself. In addition, users must ensure that their activity does not improperly restrict, inhibit, disrupt, degrade or impede Zoom Broadband, LLC’s ability to deliver the Service and monitor the Services, backbone, network nodes, and/or other network services.
Zoom Broadband, LLC and Cellular Service Providers strive to provide customers the best experience when using their network, a shared resource among hundreds of thousands of customers. Zoom Broadband, LLC and Cellular Service Providers may use tools and techniques to manage their network, deliver the Service, and ensure compliance with this Policy and the Terms of Service Agreement. These tools and techniques are dynamic, like the network and its usage, and can and do change frequently. Network management activities may include, but are not limited to: (i) identifying spam and preventing its delivery to customer e-mail accounts, (ii) detecting malicious Internet traffic and preventing the distribution of viruses or other harmful code or content, (iii) de-prioritizing speeds during periods of extended congestion, (iv) requiring an upgrade or purchase of a different Internet service and (v) using other tools or techniques that Zoom Broadband, LLC or the Cellular Service Providers may be required to implement in order to meet the goal of delivering the best broadband Internet experience to all its customers.
Zoom Broadband, LLC and Cellular Service providers collect data on customer traffic pattern usage and reserve the right to conduct tests to improve network security, to enhance the performance of our network, and to determine whether to make available new service offerings. These technical tests are performed almost continuously and without notice.
Excessive bandwidth or data usage that is deemed significantly higher than typical usage for which the networks are designed. Excessive data usage may negatively impact the Service provided to other customers and customers. De-prioritization may be utilized in order to ensure optimal internet experience for all customers and customers.
Customers will be notified via email for excessive data usage.
Zoom Broadband, LLC’s products and Internet Service are a consumer product designed for personal use of the Internet. If Zoom Broadband, LLC in its sole but reasonable discretion determines that a customer is using its products and/or Service in a manner significantly uncharacteristic of a typical user, Zoom Broadband, LLC reserves the right to (a) adjust, suspend or terminate Service accounts at any time and without notice; or (b) require the user to upgrade his service level or pay additional fees in accordance with Zoom Broadband, LLC’s then-current, applicable rates and charges for such Service; or (c) use any technology to be chosen by Zoom Broadband, LLC at its sole discretion to slow the user’s service for purposes of conserving bandwidth. Activities that may cause excessive bandwidth consumption in violation of this Policy include, but are not limited to, numerous or continuous bulk transfers of files and other high capacity traffic using (i) file transfer protocol (“FTP”), (ii) peer-to-peer applications, and (iii) newsgroups, whether provided by Zoom Broadband, LLC or a third party. Zoom Broadband, LLC’s Customers Plans and products do not provide the type of security, upstream performance and total downstream throughput capability typically associated with excessive use. Running a server in connection with Zoom Broadband, LLC’s Internet Service or providing network services to others via the Zoom Broadband, LLC’s Internet Service, and running servers for mail (pop3 & smtp), http, https, FTP, IRC, DHCP and multi-user interactive forums are some use examples that may be deemed uncharacteristic usage.
VIOLATION OF THIS ACCEPTABLE USE POLICY
Zoom Broadband, LLC reserves the right to suspend without notice or terminate the Customers if you violate the terms of this Policy or the Terms of Service Agreement.
Zoom Broadband, LLC does not routinely monitor the activity of accounts for violation of this Policy. However, in our efforts to comply with applicable law and promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our Services. If we receive notice under the Digital Millennium Copyright Act, 17 U.S.C. sec. 512, that you have allegedly infringed the intellectual property rights of a third party, we retain the right to take down or disable access to the allegedly infringing material. In complying with applicable law in this area, it is our policy, in appropriate circumstances, to terminate those customers who repeatedly infringe the intellectual property rights of third parties. We also will take such other action as appropriate under the circumstances to preserve our rights. Although Zoom Broadband, LLC has no obligation to monitor the Services and/or the network, Zoom Broadband, LLC reserves the right to monitor bandwidth, usage, and content from time to time to identify violations of this Policy; and/or to protect the network and Zoom Broadband, LLC customers. Zoom Broadband, LLC prefers to advise customers of inappropriate behavior and any necessary corrective action. However, if the Services are used in a way which Zoom Broadband, LLC, in its sole but reasonable discretion, believes violate this Policy, Zoom Broadband, LLC may take any responsive actions it deems appropriate. Such actions include, but are not limited to, temporary or permanent removal of content, cancellation of newsgroup posts, filtering of Internet transmissions, and the immediate suspension or termination of all or any portion of the Customers. Zoom Broadband, LLC will not have any liability for any such responsive actions. The above described actions are not Zoom Broadband, LLC’s exclusive remedies and Zoom Broadband, LLC may take any other legal or technical action it deems appropriate. Zoom Broadband, LLC reserves the right to investigate suspected violations of this Policy, including the gathering of information from the user or users involved and the complaining party, if any, and examination of material on Zoom Broadband, LLC’s servers and network. During an investigation, Zoom Broadband, LLC may suspend the account or accounts involved and/or remove material which potentially violates this Policy. You hereby authorize Zoom Broadband, LLC to cooperate with (i) law enforcement authorities in the investigation of suspected criminal violations, and (ii) and system administrators at other Internet service providers or other network or computing facilities in order to enforce this Policy. Such cooperation may include Zoom Broadband, LLC providing the username, IP address, or other identifying information about a member. Upon termination of a customers account, Zoom Broadband, LLC is authorized to delete any user ID, files, programs, data and email messages associated with such account. The failure of Zoom Broadband, LLC to enforce this Policy, for whatever reason, shall not be construed as a waiver of any right to do so at any time. You agree that, if any portion of this Policy is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect.
MISCELLANEOUS PROVISIONS EQUIPMENT
Zoom Broadband, LLC strives to produce a high level of reliability, stability and security for our customers. The equipment sold through Zoom Broadband, LLC is a critical network element which is constantly evaluated for compatibility and performance. Due to technical limitations, changes to the networks, discontinued support by manufacturers, regulatory obligations, or defects, certain equipment models that were previously certified may be deemed to no longer be suitable for cellular network. If you own your equipment and in our sole but reasonable discretion it becomes unsuitable for any of these or other reasons, it will be your responsibility to purchase new equipment. Zoom Broadband, LLC reserves the right to upgrade, via software download and without subscriber notification, all Zoom Broadband, LLC equipment.
Zoom Broadband, LLC may choose to communicate with you regarding these policies using a variety of methods including email to your email address on file or in-browser notices. In-browser notices are an effective way to quickly alert you to important service-impacting issues. These notices may require you to acknowledge receipt of the message or log into your Zoom Broadband, LLC account for more information.
LIMITATIONS OF LIABILITY
Zoom Broadband, LLC will make reasonable efforts to provide customer with uninterrupted and error-free service. Nonetheless, there are numerous factors that could affect the Service. Temporary interruptions of the Service may occur as normal events in the provision of the Service. Zoom Broadband, LLC reserves the right to interrupt the Service for maintenance purposes. Also understand that Zoom Broadband, LLC has no control over the networks, facilities or services of third parties and that delays and disruptions involving them are completely beyond Zoom Broadband, LLC’s control. As to Zoom Broadband, LLC’s own equipment and software, failure may occur without warning due to causes ranging from our own errors to malicious attack. If you have requirements that substantially exceed the average consumer’s bandwidth use or if continuous Internet access is the basis of your livelihood, you should purchase an alternate, backup connection. Zoom Broadband, LLC does not represent or warrant that traffic on its network will be virus or spam free. In light of that, your use of the Customers Service is at your own risk and the Customers Service is provided without warranty or guarantee of any kind either expressed or implied, including warranties of merchantability and fitness for a particular purpose. Without limiting the foregoing, Zoom Broadband, LLC, its parent company and affiliates will not be liable for any interruptions in service or failure to perform or partial performance that results in corrupted transmissions and will not be responsible for consequential damages of any sort. In any event, Zoom Broadband, LLC’s liability to you for all potential claims will not exceed the total amount of customers fees paid during the preceding three months. Nothing in this Agreement gives you any interest, title or license in the user ID, electronic mail address or IP address that is used in conjunction with the Customers or the Customers Service.
REVISIONS TO THIS ACCEPTABLE USE POLICY
Zoom Broadband reserves the right to revise, amend, or modify this AUP at any time and in any manner. Notice of any revision, amendment, or modification will be posted.
Zoom Broadband also reserves the right to change pricing, review or terminate or suspend your account without prior notice in the event of a policy violation.
Zoom Broadband is committed to serving its customers and preserving the integrity of the Internet by following widely accepted guidelines of Internet communication. Abusive practices are strictly prohibited on the Zoom Broadband network. We are available to assist you in any way possible should you need advice about proper use of Internet resources or should you become the target of abuse via the Internet.
Violation of the Abuse Policy may result in immediate account termination and forfeiture of any fees.
We deal with two different types of abuse:
- Abuse ON the net
Abuse ON the net refers to actions that would violate the laws, norms, customs or manners independent of the medium chosen to carry out the action. Acts which are considered abusive if carried out via paper mail, telephone, personal contact, fax, etc., fall into this category. Abuse ON the net is mainly concerned with the content and/or intent of communication. Examples include fraud, assault, harassment, stalking, forgery, obscene communication, child pornography, copyright infringement and unlawful distribution of intellectual property.
- Abuse OF the net
Abuse OF the net refers to actions which interfere with the normal functionality of the network. Examples include excessive multi posting or cross posting of USENET articles, unsolicited broadcast email (‘spam’ and ‘velveeta’), mailbombing, denial of service or security related attacks. We also consider ‘camping’, or using Zoom Broadband account for dedicated access, abuse of the net. Some of these activities may be actionable under criminal and civil statutes.
GENERAL GUIDELINES FOR ALL ABUSE MATTERS
INNOCENT UNTIL PROVEN GUILTY
Experience shows that a significant percentage of abuse reports are either erroneous or are intended to harm the alleged perpetrator. Administrative or disciplinary action will not be initiated without evidence which unambiguously identifies the account responsible for the alleged abuse.
CUSTOMER PRIVACY IS PARAMOUNT
GUIDELINES FOR ABUSE ON THE NET
In general, we do not review or monitor the contents of our customers’ communications. However, when abusive content is brought to our attention, we will cooperate as necessary with law enforcement authorities within the appropriate legal boundaries and dispose of the matter in accordance with Zoom Broadband’s policies and any additional constraints imposed by law. If illegal content is reported as originating from our system, we will delete the file and report the action to the appropriate victims and/or law enforcement. If illegal content which originated from outside is reported on our system, we will delete the file from public access, archive the item for law enforcement, and report the action to the originating system’s administrators.
GUIDELINES FOR ABUSE OF THE NET
Zoom Broadband is a commercial enterprise. Our customers pay us for services rendered. To provide those services, Zoom Broadband establishes and maintains a significant investment in people, equipment and software. We are obligated to maintain our systems to meet the standards set by our customers, our investors and the global Internet community.
Zoom Broadband reserves the right to immediately terminate, suspend, or modify the services of any user if it is determined that the user is using the service in an excessive manner. This includes but is not limited to excessive P2P file-sharing through BitTorrents, Kazaa, Direct Connect, or similar programs. Zoom Broadband reserves the right to vary the terms of ‘excessive usage’ at their sole discretion at any time, without prior notice.
Accounts used to carry out attacks (mailbombs, network transport attacks, newsgroup flooding) will be closed immediately upon authorization by a designated member of the staff of Zoom Broadband. If compelling evidence suggests that the security of the account was compromised and that the attack was not carried out by the holder of the account then at the discretion of Zoom Broadband, the account may be reinstated with a different username/password.
A single, substantiated complaint of email broadcasting will result in the suspension of the account determined to be responsible for the email. At the discretion of Zoom Broadband, a customer’s account may be reactivated following the customer contact and the customer’s agreement to abide by our Abuse Policy. Upon any subsequent offense, the account will be permanently closed. In the event that a customer does not agree to abide by our Abuse Policy, the account will be permanently closed. Be aware that this also applies to accounts, such as web sites, advertised in spam. For example, if Zoom Broadband customer’s web site is advertised in spam, even though the customer did not send the spam, the customer has violated this Abuse Policy and will be contacted and/or the account closed as set forth above.
In ANY event of abuse, Zoom Broadband reserves the right in its sole discretion to immediately terminate the account. Accounts terminated for abuse issues are not eligible for refunds. Moreover, accounts associated with abuse will be responsible for paying Zoom Broadband’s costs and expenses of identifying, terminating and correcting such abuse.
To report any instance of abuse, contact: email@example.com
If you are receiving unsolicited email, you may redirect the mail, along with all headers to firstname.lastname@example.org.
Zoom Broadband maintains and supports its service and equipment. Phone support and service calls for issues that are determined by Zoom Broadband representatives to be unrelated to Zoom Broadband equipment failure or service outages will billed accordingly.
Zoom Broadband does not assume responsibility for connection problems or failure due to the following reasons: PC hardware failure, the lack of personal understanding or knowledge of the proper operation of a PC or related equipment, tampering with settings or equipment that results in the loss or inability to connect to the internet, PC errors caused by viruses, worms, Trojans, or other malicious software or programs. Zoom Broadband does not support 3rd party systems which operate on your service connection such as VIOP or entertainment consoles.
TERMS OF SERVICE AGREEMENT
Read these Terms of Service carefully before using our Internet services (‘Services’). By subscribing to or using our Services, you agree to abide by these Terms of Service as well as our Acceptable Use Policy, Abuse Policy and Billing Policy. You may obtain a hard copy of these policies by calling the Zoom Broadband office at 844-ZOOM333 or by submitting a request to email@example.com.
Violation of any of our policies may result in immediate account termination and forfeiture of any fees.
These Terms and Conditions are incorporated by reference into the accompanying Service Contract executed by the Subscriber.
Zoom Broadband shall provide Subscriber a wireless connection(s) to the Internet from Zoom Broadband’s closest Point of Presence (the “Service”).
Zoom Broadband is not responsible for Subscribers home or internal network which may include but are not limited to PC’s, routers, switches, gaming consoles, or any other third party devices.
TERM OF SERVICE
The Service will be provided for an initial term of one year (the “Initial Term”) and will continue on a month-to-month basis thereafter, unless or until terminated. After the Initial Term, either Subscriber or Zoom Broadband may terminate Service upon thirty (30) days written notice. The Initial Term begins on the day the Service is successfully installed at Subscriber’s location indicated on the Service Contract (the “Installation Date”). If Zoom Broadband cannot successfully install the Service, this contract is terminated.
Subscriber shall pay Zoom Broadband the monthly fee for Service indicated on the Service Contract during the Initial Term, plus a one-time installation and equipment fee which shall be due upon Subscriber’s execution thereof. After the Initial Term, Subscriber will pay Zoom Broadband’s prevailing fees for Service or may cancel without penalty upon thirty (30) days written notice to Zoom Broadband. In addition to the Fees, Subscriber will be billed for all applicable Federal, State, County and Local taxes, surcharges, fees and Universal Service Fee contributions, any of which may change from time-to-time, due on the Service. Fees for Service will begin on the Installation Date and, thereafter, are due and payable in advance of each Service period. All Fees are payable in U.S. dollars only.
EARLY TERMINATION FEE
If Subscriber terminates after the Installation Date, but before the end of the Initial Term or if Zoom Broadband terminates Subscriber’s Service due to Subscriber’s default, Subscriber agrees to pay Zoom Broadband a Two Hundred Dollar ($200.00) early termination fee in addition to all other amounts owing.
Wireless Customers will be charged a non-refundable one-time usage fee upon signing the Service Contract. Equipment installed for wireless service will at all times remain the property of Zoom Broadband. The Customer shall pay the full retail repair and/or replacement cost of any lost, stolen, unreturned, damaged, sold, and/or transferred equipment, or act of god incidents affecting the equipment. The full retail cost is $300.00. In addition, the Customer will be liable for any costs incurred by Zoom Broadband in obtaining or attempting to obtain any such equipment. Service interruption due to inappropriate use of, obvious tampering with, or physical damage not caused by weather or other natural causes to the CPE will nullify any expressed warranty and subscriber will be held financially responsible for any necessary repairs or replacements needed for restoration of Service and agrees to pay all labor or Service Call charges associated with such repairs.
BILLING AND PAYMENT
Zoom Broadband will provide Subscriber a monthly invoice in an e-mail format to the email address specified on the account. Monthly bill cycle begins on the first or the fifteenth of the month dependent on date of successful installation and as indicated on the Service Contract. Subscriber has authorized payment by credit card (Visa, MasterCard, American Express or Discover) or by any other electronic drafting/payment method; no additional notice or consent will be required for billings to that credit card or account.
Subscriber agrees to pay Zoom Broadband a late payment fee of $25.00 on any balance unpaid ten (10) days after the date of the invoice. Service may be suspended or terminated if payment is not received within fifteen (15) days of the invoice due date. If Service is suspended or terminated, Zoom Broadband may impose a reconnection fee of $50.00. Acceptance of late or partial payments shall not waive any of Zoom Broadband’s rights to collect the full amount due it. Zoom Broadband will assess an additional fee of up to the maximum amount allowed by law, for any payment returned to it by Subscriber’s paying agent. All amounts due, including disputed amounts, must be paid by the due date regardless of the status of any objection.
603 East Grand Ave.
Marshall, TX 75670
All communications concerning disputed amounts owed must be:
- In writing
- Mailed to Zoom Broadband at the address shown above
- Received by Zoom Broadband within 30 days after receipt of the invoice.
If Subscriber fails to pay any amount (including amounts due from prior accounts with Zoom Broadband) owed to Zoom Broadband within 90 days after the date of the invoice, Subscriber will be in default and Zoom Broadband may, without notice to Subscriber, terminate Service. Upon termination, Subscriber is responsible for paying all fees owed for Services provided by Zoom Broadband including any applicable cancellation fee. Subscriber agrees to pay all costs including reasonable attorneys’ fees, collection fees, and court costs Zoom Broadband incurs in collecting amounts owed it.
Service is normally available to Subscriber’s computer when it is within the operating range of Zoom Broadband’ system. Service is subject to transmission limitation or interruption caused by weather, terrain, obstructions such as trees or buildings, and/or may be temporarily limited or interrupted due to reasons beyond our control. Interruption may also result from nonpayment of Fees by Subscriber. Zoom Broadband may choose to block access to certain categories of URL’s, at its sole discretion. Certain email messages may be blocked by Zoom Broadband SPAM filters. If Subscriber wishes to remove this block from certain email messages, Subscriber must inform Zoom Broadband in writing, by fax or letter, of the sender’s web address which is being blocked. Routine maintenance and periodic Service repairs, upgrades and reconfigurations, public emergency or necessity, force maneuver, restrictions imposed by law, acts of God, labor disputes and other situations, including mechanical or electronic breakdowns may result in temporary impairment or interruption of Service.
Zoom Broadband is not liable for Service degradations or failures that may result from:
- Any obstruction that might be erected or grow between the Subscriber’s antenna and Zoom Broadband’s Point of Presence
- Debris or ice on Subscriber’s antenna
- Subscriber re-aiming the antenna later than fourteen (14) days after Installation Date
- Subscriber installing, de-installing or changing any hardware and/or software in any computer which has access to the Service
- Tree leaves retaining water which may absorb radio signals
- Interference caused by SCADA (select link for information on SCADA)
USE OF SERVICE
Subscriber agrees not to use Service for any unlawful or abusive purpose or in any way which damages or disrupts Zoom Broadband systems or equipment or interferes with or disrupts other Zoom Broadband user’s use of the Service. Subscriber will comply with all laws while using Service and will not transmit any communication which would violate any laws, court order, or regulation, or would likely be offensive to the recipient. Subscriber is responsible for all content transmitted by Subscriber’s computer/server using Service. Subscriber is responsible for ensuring that Subscriber’s computer/server is compatible with Service and meets operating standards. Subscriber may not install any amplifiers, enhancers, repeaters or other devices, which, disrupt or interfere in any way with Zoom Broadband service. Subscriber has no ownership rights to any IP address provided by Zoom Broadband and agrees that Zoom Broadband may change any such IP address or email address at any time with prior notice to Subscriber. By using Service, Subscriber agrees to abide by the terms and conditions of any applicable software license and Zoom Broadband’s Acceptable Use Policy.
NO COMMERCIAL USE OR RESALE
Resale of service by Subscriber or use of Service to provide Internet access to third parties is prohibited.
USE OF SUB-CONTRACTORS
Subscriber acknowledges that Zoom Broadband may sub-contract Service or support of Service, at its sole discretion.
LIMITATIONS OF LIABILITY
Zoom Broadband LIABILITY FOR ANY SERVICE DISRUPTION OR SERVICE FAILURE SHALL NOT EXCEED Zoom Broadband’s FEES TO SUBSCRIBER DURING THE AFFECTED PERIOD. Zoom Broadband IS NOT LIABLE FOR ANY INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO, DAMAGES RELATING TO LOST REVENUES OR PROFITS, LOST DATA, WORK STOPPAGE, SERVER FAILURE OR MALFUNCTION). Zoom Broadband IS NOT LIABLE FOR ECONOMIC LOSS OR INJURIES TO PERSONS OR PROPERTY ARISING FROM USE OF SERVICE, OR ANY EQUIPMENT USED IN CONNECTION WITH SERVICE UNLESS CAUSED BY Zoom Broadband’s SOLE AND/OR GROSS NEGLIGENCE. Zoom Broadband SHALL NOT BE LIABLE OR HELD RESPONSIBLE IN ANY WAY FOR ANY CONTENT OR INFORMATION ACCESSED THROUGH SERVICE BY SUBSCRIBER. LIMITATIONS OF LIABILITY SHALL SURVIVE TERMINATION OF THE SERVICE.
Zoom Broadband MAKES NO EXPRESS WARRANTY REGARDING THE SERVICE AND DISCLAIMS ANY IMPLIED WARRANTY INCLUDING WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Zoom Broadband DOES NOT AUTHORIZE ANYONE TO MAKE ANY WARRANTY ON ITS BEHALF AND SUBSCRIBER SHOULD NOT RELY ON ANY SUCH STATEMENT. EQUIPMENT PROVIDED SUBSCRIBER BY Zoom Broadband MAY HAVE A MANUFACTURER’S WARRANTY. Zoom Broadband IS NOT THE MANUFACTURER OF THE EQUIPMENT AND ANY STATEMENT REGARDING IT SHOULD NOT BE INTERPRETED AS A WARRANTY.
ASSIGNMENT AND TRANSFERABILITY
The Service may not be assigned or transferred by Subscriber without Zoom Broadband written consent.
Zoom Broadband is not liable for any lack of privacy, which may be experienced by Subscriber using the Service. Subscriber authorizes Zoom Broadband monitoring client activity and filtering SPAM emails. Zoom Broadband has the right to intercept and disclose any transmissions over Zoom Broadband Service facilities in order to protect Zoom Broadband rights or property or to comply with any court order, subpoena or other judicial directive.
Written notice to Subscriber shall be effective and deemed received three (3) days following the date deposited in the U.S. Postal Service’s system and addressed to Subscriber at the most current address shown in Zoom Broadband files or immediately upon delivery using an electronic means such as e-mail or short messaging service. Subscriber is responsible for notifying Zoom Broadband of any changes in Subscriber’s address. Written notice to Zoom Broadband shall be effective and deemed received three (3) days following the date deposited in the U.S Postal Service’s system when mailed to Zoom Broadband at its current mailing address. Oral notices shall be deemed effective on the date reflected in Zoom Broadband’s records.
The Service is provided subject to applicable federal and state laws and federal or state tariffs, if any. In case of disputes, the court of jurisdiction shall be domiciled in Harris County, Texas.
CHANGES TO TERMS AND CONDITIONS
Zoom Broadband reserves the right to make changes to these Terms and Conditions at any time by posting revisions on our website at www.izoom4u.com. Any changes or modifications will be effective upon posting of the revisions on our website reflecting the new effective date. Your continued use of the service following the posting of the changes or modifications online will constitute your acceptance of such changes of modifications. You should frequently review the terms (INCLUDING THE EFFECTIVE DATE) and applicable policies from time to time to understand the terms that apply to your use of service.
These Terms and Conditions together with the Service Contract represent the entire agreement to provide Services between Subscriber and Zoom Broadband. This Agreement supersedes any inconsistent or additional promises made to you by any of Zoom Broadband representatives, agents or dealers. If any part of these Terms and Conditions is found invalid, the balance remains enforceable.
All written correspondence shall be made to the following address:
603 East Grand Ave
Marshall, TX 75670
Equipment returns shall be sent to the same.
This Terms of Service Agreement, the Acceptable Use Policy, the Abuse Policy, the Billing Policy and Zoom Broadband other user policies posted on Zoom Broadband Web site constitute the entire agreement between you and Zoom Broadband with respect to your use of the Services. These Terms of Service and any of Zoom Broadband other user policies may be revised, amended, or modified at any time and in any manner.
Zoom Broadband is committed to respecting the privacy of our customers. The personal information a customer provides to us is used by us to provide access service, bill the customer’s account and update our customers on happenings at Zoom Broadband. We do not sell our customer lists or any customer personal information to others for marketing purposes. Additionally, we do not regularly monitor our customers’ email, newsgroup posts, web sites or track their movements on the Internet. We will do everything possible to protect your privacy and not subject you to multi level marketing schemes. Information about customers of Zoom Broadband will be released only to the customer, to the appropriate employees of Zoom Broadband or to duly authorized officers of the state and federal courts or investigatory authorities who present the proper legal documents.
Subscribers must provide Zoom Broadband with accurate and complete billing information including legal name, address, telephone number, and credit card/billing information, and report Zoom Broadband all changes to this information within fifteen (15) days of the change. All accounts are automatically re-billed, depending on your billing frequency, without notification.
Your billing frequency is equal to the length of your billing cycle and is determined by the type of payment schedule you selected, e.g., monthly, quarterly, semi annually, annually. The cycle begins upon the either the first or the fifteenth of the month depending on your date of signup. If you prepay for three, six, twelve or twenty-four months of service, you will be provided service until the end of your prepaid term (subject to compliance with our abuse and other policies). As such, we will not refund prepaid accounts which are terminated for any reason other than failure on the part of Zoom Broadband to provide service. Activation and installation fees are not refundable.
In the event that we cannot solve a technical problem over the phone we will send a technician to your home and your account will incur a Service Call fee of $100.00 this charge will be automatically billed to your method of payment on file upon use of Zoom Broadband technical support. See our technical support policy for further details.
Credit Cards: Credit cards are billed according to the billing frequency. For example, an account with an annual billing frequency is charged once per year while it is active. Your account will be automatically re-billed without notification at the end of your billing frequency.
Auto-debits: Auto debits (e.g., electronic debits from a bank account) are billed according to the billing frequency. For example an account with an annual billing frequency is charged once per year while it is active. Your account will be automatically re-billed without notification at the end of your billing frequency. All auto-debit transactions are treated as checks for refund purposes in that refunds shall be delayed ten (10) business days to allow time for the debit to clear with the bank.
Checks and Invoices (Business Accounts Only): Customers choosing the check/invoice payment option are sent an invoice promptly upon sign up. Please note that a processing fee of $7.00 will be billed monthly to all accounts with the payment method of check/invoice. Payment of this invoice is due within ten (10) days. Recurring invoices shall be sent on the customer’s next billing date. Refunds shall be delayed ten (10) business days to allow time for the check to clear with the bank. Additional processing fees may apply.
Customers shall receive notification of returned items (e.g., declines, NSF checks) via e mail. Customers with multiple instances of checks returned, credit cards declined, etc., shall be required to pre pay their memberships for a period of at least 6 months. A $25 NSF fee will be assessed for each returned check and ACH or credit card declines.
CHARGES AND REFUNDS
Subscribers are responsible for any charges to their account. Payment is considered late after 3 days and service will be suspended after 7 days. Service will be reinstated within 24 hours of receipt of all fees. All charges are considered valid unless disputed in writing within fifteen (15) days of the billing date. Adjustments will not be made for charges that are more than fifteen (15) days old. Zoom Broadband is not responsible for any charges or expenses (e.g for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by Zoom Broadband.
Delinquent accounts may be suspended or canceled at Zoom Broadband sole discretion; however, charges will continue to accrue until the account is canceled. Zoom Broadband may bill an additional charge to reinstate a suspended account.
Refunds are disbursed in the manner determined by Zoom Broadband at its discretion (ie. check, credit to credit card or service credit). Any incorrectly issued refunds will be recovered by Zoom Broadband in the same manner as the refund was issued. For example, suppose Zoom Broadband charges your credit card for an amount, but that charge is subsequently voided because you dispute the charge with your credit card company. If Zoom Broadband also issues you a refund for that charge (in the form of a credit to your credit card account Zoom Broadband is entitled to recover that refund by charging your credit card account for the amount of the refund. As stated above under “Billing Frequency,” if you prepay for six, twelve or twenty-four months of service, you will be provided service until the end of your prepaid term (subject to compliance with our abuse and other policies). As such, we will not refund prepaid accounts. Activation fees are not refundable.
Note: Any type of account cancelled for a violation of our Acceptable Use Policy or Abuse Policy is not eligible for any type of refund.