Terms of service

ezwisp.com Inc. Terms of Service

Email:

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.

Privacy Policy:

ezwisp respects your privacy and will safeguard any personal information that you provide.  ezwisp will only use your personal information in connection with delivering the products and services that you have requested.  If ezwisp has contracted with business partners to help deliver those products or services, we will only share the minimum personal information necessary to deliver those products/services.  In any event those business partners will be bound by ezwisp’s privacy policy to safeguard your personal information.  Note that ezwisp will not sell, rent, lease, share, or divulge your personal information with other entities unless required by law or court order.  ezwisp will encrypt sensitive data, such as credit card information, during transmission.

Moderation of Use:

ezwisp is excited to see our customers fully enjoy the benefits of high speed Internet access.  Based on typical individual customer use, ezwisp purchases bulk data capacity which we share across our customer base.  We can normally balance this bulk capacity with individual customer demand and cost to provide great service and value for everyone.  We do not have limits on data transfer; nor will we charge customers for the amount of data they transfer.  Nonetheless, if a customer  uses their ezwisp services in an excessive way which negatively affects ezwisp’s equipment, networks, or other customers’ services, ezwisp may require, at our discretion, that you end your activities or otherwise alleviate the negative affects.

ezwisp strictly prohibits the sharing and/or resale of services outside of a customer’s premesis.  This includes both wired and wireless connection sharing among other possibilities.

ezwisp does not allow customers authoritative control of their own reverse DNS within the ezwisp.com domain.

Any customer activity that causes a disruption in the network integrity of ezwisp or its partners, whether directly or indirectly, is strictly prohibited and could result in termination of service.  This may include but is not limited to:  adult-content servers, bots, servers connected to an ezwisp provided Internet connection, or shared networks.

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:

Intellectual Property Rights Infringement
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.

Hacking
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.

Email Spam
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.

Newsgroup Spam
Posting of messages to newsgroups that are off-topic or mass posting of messages to news groups 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.

Personnel Abuse
Personal threats, sexual harassment, profanity and vulgarities of any sort directed toward ezwisp personnel are considered in violation and will not be tolerated.

Illegal Activities

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.

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 IP space, 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 or before the effective date.  All disconnection requests will be processed on the date the request is received or at the future date that the subscriber requested.  Services are also subject to our Disconnection Policy.

Accounts Receivable:

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 invoice'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.

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.  Any applicable Disconnection fees will be applied and due at that time.

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 premises 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 Internet access itself.  Support for other applications and uses is not provided or implied unless it is a specifically contracted service.

Termination 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.  Customers within an active service term that ezwisp terminates due to violation of ezwisp's Moderations of Use or Acceptable Use will be assessed a standard Disconnection fee.  All customers terminated for this reason are liable for any and all outstanding funds due to ezwisp at the time of service termination, including but not limited to rendered service, hardware and installation fees.

Final Qualification:

ezwisp is committed to providing quality Internet services.  However, 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, thus 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 one business day in advance, ezwisp may charge a Missed Appointment fee.  Similarly, ezwisp may charge a No Access fee 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 to the subscriber’s router at installation.

Service Guarantee:

In order to keep customer pricing to a minimum, ezwisp’s high speed Internet access is a best effort service.  While ezwisp maintains substantial aggregate bulk data capacities, we cannot guarantee individual upload or download speeds.  Nonetheless, we have designed our network conservatively and expect that customers typically experience download and upload speeds of several Megabits per second, packet loss less than 2%, and average latency less than 90 milliseconds from the ezwisp customer premises router to a test point on the Internet backbone.

ezwisp uses wireless (radio) technology to carry data between many customer locations and the Internet.  Unexpected and even unpredictable situations beyond ezwisp’s control could affect wireless performance and therefore prevent ezwisp from guaranteeing system up time.  To mitigate the effects of such events ezwisp has deployed the wireless links in a very conservative configuration.  For example the most notorious event affecting wireless performance is torrential rainfall; ezwisp has deployed the wireless links for 99.9999% system reliability which translates to less than 49 seconds of down time, per year, due to heavy rainfall.  Other weather conditions, such as snowfall, cloud cover, or fog are not known to affect wireless performance.

ezwisp's target response time for initializing service restoration following telephone voice notification of a service outage is 24 hours.

Credits for service outages are issued only after the circuit in question has been out of operation for at least 72 hours.  If you are experiencing a service outage, please contact us as soon as possible.

ezwisp will not charge dispatch fees nor dispatch time (labor) to repair/replace customer premises cabling and hardware that has failed due to old age or storm damage. (ezwisp may charge subscribers the actual cost of replacement cabling and hardware.)  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 occasionally requires a service term to offset costs of service acquisition at installations that are unusually difficult or expensive.  If ezwisp requires a service term, we will communicate this to the subscriber prior to installation. A subscriber’s service term begins once Internet access is available at the subscriber’s router, which is the “activation date”.

Disconnection Policy:

It is the responsibility of the account holder to notify ezwisp of cancellation via phone or e-mail; 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.

Following Activation

Upon termination, 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.  Please reference ezwisp's Terms of Service for full description of charges.

Missed Appointment

$50 – 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 one business day in advance.

No Access

$50 – if a technician is denied access to a necessary part of a customer premises during installation.

Technician Dispatch

$50 – if a technician dispatch is necessary to repair any non-ezwisp initiated changes to the on-site equipment or wiring.

Dispatch Time

$20 – per whole or partial 15 minutes for time that an ezwisp technician is onsite at the customer premises.

Returned Payment

$25 – if your financial institution recovers or does not pay your charges.