Terms of Service
ezwisp’s High-speed Wireless Internet Access
Email is a convenient and efficient way to communicate. Accordingly, ezwisp will use email extensively to communicate with our customers. ezwisp will send official notices, including billing and service matters, to your email address of record and you agree that this constitutes providing notification. Please check your email periodically for such notices and information.
Moderation of Use:
We are excited to see our subscribers enjoy the many benefits of ezwisp high-speed Internet connections. Our service model assumes recreational, generally intermittent subscriber activity and accommodates much more casual surfing (e.g. searching for recipes, checking the weather forecast, online banking, etc.) than any subscriber can realistically conduct. Accordingly, ezwisp purchases substantial bulk data capacity which we share across our subscriber base. We balance this bulk capacity with individual subscriber demand and cost to provide the best value possible. It is therefore important that subscribers understand they all share this bulk capacity. If a subscriber uses an unfair share of total capacity or otherwise uses their ezwisp services excessively, ezwisp may temporarily reduce their connection speed in order to accommodate that subscriber while preserving a favorable experience for other subscribers.
If a subscriber habitually uses their connection excessively – or in any other way to the detriment of other subscribers – ezwisp may limit that activity on an enduring basis. Typically, such activity would involve using a subscriber’s connection for hours at an average speed which was a substantial fraction of their individual allocation.
ezwisp reserves the right to modify or terminate services at our sole discretion.
Acceptable Use Policy:
You are ultimately responsible for any and all activity that originates from your Internet connection regardless of your knowledge of such activity. This includes but is not limited to activity of other household members, friends and guests. This also applies to security breaches of your own system by others who launch attacks from your machine. It is absolutely imperative that everyone with an Internet connection takes proper precautions to ensure the security of their machine. You are liable and accountable for any activity originating from any of your ezwisp services that are deemed to be in violation of our Acceptable Use Policy.
In the event of activity which could be considered deliberately or otherwise abusive or in violation of this Acceptable Use Policy, ezwisp reserves the right to suspend and/or terminate your account and all ezwisp-provided services immediately, without advanced notice. ezwisp reserves the right, at its sole discretion, to make a determination of what constitutes abuse and you agree that ezwisp's determination is final and binding on you.
The following activities are considered in violation of ezwisp's Acceptable Use Policy:
Disrupting or Jeopardizing ezwisp networks
Any customer activity that disrupts or jeopardizes the ezwisp network, whether directly or indirectly, is strictly prohibited and could result in termination of service. This may include but is not limited to: operating servers, participating in shared networks, launching bots, operating unmanaged peer-to-peer file sharing, “flooding” connections, and participating in “denial of service” attacks (any of the previous on an ezwisp provided Internet connection).
Intellectual Property Rights
ezwisp respects the intellectual property rights granted under US copyright laws and the interests of subscribers and content providers on the Internet. You may not store material on, or transmit material over, ezwisp's information systems or servers in any manner that infringes the intellectual property rights of any entity or individual. All notices received by ezwisp indicating any activity suspected to infringe upon third party intellectual property rights will be re-routed to the primary account holder on file, accompanied by a request to verify and possibly cease and desist. ezwisp's policy of service suspension or termination of members deemed to be infringing the intellectual property rights of a third party is in accordance with the Digital Millennium Copyright Act ("DMCA") as well as US copyright law.
Denial of Service
The use of your connection to facilitate any activity that deliberately impairs another entity, individual or machine from accessing their computer or Internet connection is in violation.
Dissemination of Viruses
Intentional release of malicious software that is an attempt to cause damage or harassment to persons and/or machines is in violation. Additionally, repeated demonstrated neglect of equipment on the network which causes malicious traffic or allows unsolicited emails to be sent to other customers or third parties is in violation.
Any member accessing or attempting to access the machines or accounts of others or any other attempts to breach the security of other systems, regardless of success or failure, is in violation. This also applies to unauthorized mail or web relay/proxy access attempts and port scans.
ezwisp strictly prohibits the sharing and/or resale of services outside of a customer’s premises. This includes both wired and wireless connection sharing among other possibilities. Subscribers operating wireless routers or access points are required to implement 128 bit WEP encryption as a minimum security measure to minimize wireless connection sharing off premises.
Transmission of unsolicited email from anywhere within our network; distributing unsolicited commercial email which advertises any portion of ezwisp's network, IP or domain space; hosting content for the purpose of spamming (such as bulk email distribution lists); or providing support services (such as DNS) for anyone intending to conduct such activity is in violation.
Posting of messages to newsgroups that are off-topic or mass posting of messages to news groups is in violation.
Personal threats, sexual harassment, profanity and vulgarities of any sort directed toward ezwisp personnel are considered in violation and will not be tolerated.
Any illegal activities that customers conduct via ezwisp services, such as stalking, threats, conspiracy to commit illegal acts, etc. are in violation of ezwisp’s Acceptable Use Policy.
ezwisp has the right to terminate your service at its sole discretion, as determined by ezwisp's Moderations of Use and Acceptable Use policies. All customers terminated for this reason are liable for any and all outstanding funds due to ezwisp at the time of service termination; a final statement will be generated, which will include any credits or refunds for service paid in advance and any outstanding Monthly Service, Installation/Activation, or Non-recurring charges.
Account Billing & Invoicing:
ezwisp reserves the right to perform a credit/background check as part of the qualification process prior to order placement and to either cancel the order without liability to either party or require prepayment of certain charges based on the results of this check.
Billing will commence on your Activation Date. You will be financially responsible for all service time thereafter unless ezwisp is notified within a timely manner of an outstanding issue which ezwisp deems to justify service credit. All additions to your existing service package are recognized as non-refundable regardless of usage. Service fees may include applicable state and federal taxes and fees in addition to the advertised rate.
Accounts will be invoiced solely via email unless a physical paper invoice is requested for an additional charge per invoice.
ezwisp charges for its service continuously regardless of whether or not you are using it because we continue to maintain your connection, reserve resources, accept mail and keep files you have saved in your account on our servers. This is also true of accounts that are Frozen (denied access) due to non-payment.
Should you opt to terminate your ezwisp service(s), you must contact us via telephone or email on the effective date. All disconnection requests will be processed on the date the request is received. Services are also subject to our Disconnection Policy.
Accounts will be invoiced 15 days prior to the start of each regular monthly service period. (Exceptions may include the initial or final invoice for a particular service.) Payment is due prior to the beginning of the service period billed, as indicated by the statement's Due Date. All payments will be applied to the oldest unpaid invoice in relation to your account's bill cycle. If your financial institution recovers or does not pay your charges, there will be a Returned Payment fee.
Accounts are automatically setup for credit card auto renewal by default, using the credit card information provided during the order process. To update your credit card information, switch to online check auto renew (automatic monthly payment by check), or turn off the auto renewal of your account, please phone or email ezwisp. We will make every effort to process auto renew payments from your credit card or checking account 7 days prior to each invoice's due date. ezwisp reserves the right to charge the credit card on file if your check payment is cancelled, fails to process through the Automated Clearing House (ACH), or if your account, regardless of auto renew status, remains past due.
ezwisp reserves the right to terminate Accounts that remain past due at its final discretion. Upon termination, services on the account will be discontinued and all files will be removed from our servers without further notice. Further, a final invoice will be generated, which will include any credits and any outstanding Monthly Service, Installation/Activation, or Non-recurring charges.
If you wish to reinstate service with ezwisp, you will be required to pay all outstanding charges from the inception of your service continuously to the current month, which is always paid in advance. If your account is permanently deleted, your username may be reassigned. If you wish to reinstate your account, you will be subject to any and all installation and setup charges in effect at the time of order placement, as well as any pertinent outstanding charges from your former account.
Liability & Limitations:
ezwisp is not liable for any costs, expenses, losses, or damages, either general, special, actual, consequential, or incidental, that you may suffer or that some other person may suffer and claim against you resulting from the following: use, misuse, or service outage; customer premise hardware; your actions or activities, whether legal or illegal; the actions or activities of any other ezwisp customer, whether legal or illegal; or any other goods or services provided by ezwisp or any of its vendors. In no event shall ezwisp be liable to you under this Agreement or in relation to any matters in any way connected with this Agreement in an amount that exceeds the service fees you have paid in the preceding year.
The technical support that ezwisp provides is limited to the Internet access itself and assistance with configuring your computer and/or browser and email applications to work with our services. Support for other applications and uses is not provided or implied unless it is a specifically contracted service.
ezwisp is not ultimately responsible for the quality of your personal computer or any modifications you make to any equipment we supply. We are not responsible for failings in individual Operating Systems and custom configuration of Operating Systems, Operating System components, or software. Further, ezwisp is not responsible for network hardware or inside wiring that we did not install.
ezwisp reserves final rights in providing service and final discretion in all decisions.
Installation Procedure Policy:
ezwisp is not responsible for loss of income or time due to an order not being completed within the time frame desired.
ezwisp’s installation technicians need access to the customer’s premises so someone over the age of 18 must be present to grant access. If no one over the age of 18 is present at the scheduled installation time, and the customer did not notify ezwisp at least 2 business days in advance, there will be a Missed Appointment fee. Similarly, a No Access fee will be charged if a technician cannot access a necessary area of the customer’s premises.
We will consider your service active once our technician verifies that Internet access is available at the customer premises (ezwisp provided) router. If the customer is providing their own router, your service will be active once our technician verifies that Internet access is available from the ezwisp wireless gear.
ezwisp is committed to providing quality Internet services and will take all reasonable steps to keep its service in full, working order. However, nothing in this agreement shall be construed as a guarantee of continuous, uninterrupted performance or service.
In order to minimize customer pricing, ezwisp’s high-speed Internet access is a best effort service optimized for intermittent activities. While ezwisp can support performance many times faster than dial-up for various applications, we cannot guarantee individual upload or download speeds. Subscriber understands that advertised bandwidth and connection speeds represent maximum “burstable” bandwidth available and that their actual connection speed is likely to vary – especially during prolonged activities of an essentially uninterrupted nature.
ezwisp uses wireless (radio) technology to carry data between customer locations and the Internet – known as “Fixed Wireless Internet Access”. Unexpected or unpredictable situations could affect wireless function and prevent ezwisp from guaranteeing performance or system uptime. To mitigate the effects of such events ezwisp has deployed its wireless links in a very conservative configuration. Services may also be temporarily interrupted or curtailed due to equipment modifications, upgrades, relocation, repairs, and similar activities necessary for the proper or improved operation of the Service. Our goal for any individual customer is that they can access the Service greater than 99.8% of the time annually – hardware failures and scheduled maintenance events notwithstanding.
Subscriber Local Area Network
While ezwisp may occasionally assist subscribers, ezwisp is not responsible for providing Internet connectivity beyond the customer premises modem (e.g. devices on the subscriber’s Local Area Network) unless a separate agreement details such services.
If you are experiencing a service outage, please contact us as soon as possible. ezwisp's target response time for initializing service restoration following phone notification of a service outage is 24 hours – not including Sundays and major holidays. Credits for service outages are issued only after the circuit in question has been out of operation for at least 72 hours. ezwisp shall in no event be liable for service outages or degradations caused by acts of God including but not limited to icing, fire, war, riots, Governmental authorities or other causes beyond ezwisp’s control. ezwisp will not charge the customer for dispatches needed to repair normal service outages. However, if someone/something other than ezwisp technicians modify, alter, or tamper with an installation, ezwisp will charge the customer a Technician Dispatch fee and Dispatch Time to repair the installation.
Other than as specifically
described in these Terms of Service, ezwisp makes no guarantee or warranty of
any kind. ezwisp does not warrant or guarantee that its service is fit for your
particular purpose. ezwisp does not warrant or guarantee that its service meets
any implied warranty of merchantability. ezwisp does not warrant or guarantee
that its service meets any other implied warranty or guarantee and specifically
disclaims any other implied warranties or guarantees.
Service Term Information:
ezwisp requires all customers initially commit to a service term. We require service terms to offset costs of service acquisition and to maintain service for a sustained period of time. Your initial service term begins once Internet access is available at the customer premises – your “activation date”. (See last paragraph of Installation Procedure Policy for a detailed description of activation date.)
If you move and have the service installed at the new location, a new initial service term may be required beginning at the date of activation at the new location.
It is the responsibility of the account holder to notify ezwisp of cancellation via phone or email; ezwisp will process the disconnection the day that the customer requests disconnection. Completion of service term or cessation of payment does not constitute notification of cancellation.
Prior to Activation
Cancellations before the installation date will not be subject to penalty. There are no penalties for orders that ezwisp cancels due to technical limitations.
Upon disconnection, a final invoice will be generated, which will include any credits or refunds for service paid in advance and any outstanding Monthly Service, Installation/Activation, or Non-recurring charges.
List of Non-recurring Charges:
Charges are subject to change at ezwisp's sole discretion. Read paragraphs above for more details.
$150 – if there is no one present over the age of 18 at the scheduled installation time and the customer did not notify ezwisp at least 2 business days in advance.
$150 – if a technician is denied access to a necessary part of a customer premises during installation.
$125 – if a technician dispatch is necessary to repair any non-ezwisp initiated changes to the on-site equipment or wiring.
$20 – per whole or partial 15 minutes for time that an ezwisp technician is on site at the customer premises.
$25 – if your financial institution recovers or does not pay your charges.