TERMS and CONDITIONS
and in any addendum to this agreement (collectively, "Terms and
Conditions") , and you are authorizing us to provide network access services
("Services") for the period you agree to when you place an order with
us for the Services. PLEASE CAREFULLY READ AND REVIEW THE TERMS AND
CONDITIONS BEFORE USING THE SERVICES AND, IF APPLICABLE, ANY EQUIPMENT PROVIDED
BY US TO USER IN CONNECTION WITH THE SERVICES ("EQUIPMENT"). BY USING THE
SERVICES YOU ARE BECOMING A PARTY TO AND AGREE TO BE BOUND BY THIS AGREEMENT.
YOU FURTHERMORE ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND
CONDITIONS AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS IN EFFECT AND AS
UPDATED BY US FROM TIME TO TIME. IN ADDITION, BY PLACING AN ORDER FOR THE
SERVICES, YOU ACKNOWLEDGE THAT WE WILL COMMENCE PROCESSING SUCH ORDER AND WILL
INCUR EXPENSES AND OBLIGATIONS IMMEDIATELY. IF YOU DO NOT AGREE TO BE BOUND BY
THE TERMS AND CONDITIONS, YOU MAY NOT USE THE SERVICES OR EQUIPMENT AND YOU
SHOULD CANCEL YOUR ORDER. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND
CONDITIONS, WE WILL BE UNDER NO OBLIGATION TO PROVIDE YOU WITH THE SERVICES OR
EQUIPMENT. THE TERMS AND CONDITIONS ARE SUBJECT TO REVISION FROM TIME TO TIME
AND AT ANY TIME.
Computer Equipment
The service is designed to operate on current, standard computer
hardware with network card or Wi-Fi enabled radio antenna in the 801.11g and b
range. Our help desk can provide support for most systems with basic connection
trouble shooting. Users must consult their user manuals or hardware
manufacturer if they experience difficulty with their hardware connecting to
our service.
Usage and Usage Restrictions
Services provided by us are for the sole use
of User and is not to be shared by multiple users. The service is not for
resale of any kind without the prior written consent from us, which consent may
be given or withheld at our sole discretion. In the event User attempts to
resell any or all of the Services, we may, at our sole discretion, increase the
fees associated with the Services or terminate the Services.
User
acknowledges and agrees the Services are for personal use and that User will
not use the Services in a manner prohibited by any federal or state law or
regulation. Transmission of any material in violation of federal or state law
or regulation, including, but not limited to any copyrighted material, material
protected by a trade secret or material or messages that are unlawful,
harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise
objectionable in any manner or nature or that encourages conduct that could
constitute a criminal offense, give rise to civil liability or otherwise
violate any applicable local, state, national or international law or
regulation, is prohibited.
User
acknowledges there is content on the Internet or otherwise available through
the Services which may be offensive, or which may not be in compliance with all
local laws, regulations and other rules. We assume no responsibility for and
exercise no control over the content contained on the Internet or is otherwise
available through the Services. All content accessed or received by the User is
used by User at his or her own risk, and we and our employees shall have no
liability resulting from the access or use of such content by the User.
The
Internet access web portal through which Services are provided contains
material which is derived in whole or in part from material supplied by us and
other sources that is protected by international copyright and trademark laws.
You may not modify, copy, reproduce, republish, upload, post, transmit, or
distribute in any way any material from this site including code and software.
You may download material from this site for your personal, non-commercial use
only, provided you keep intact all copyright and other proprietary notices.
In the interest of maintaining network
performance for all users, you are prohibited from sending or receiving
unreasonably large email attachments, causing excessively high volume data
transfers or bandwidth consumption, hosting of a web server, internet relay
chat server or any other server, and conducting any non-traditional end user
activities.
Users may not attempt to circumvent user
authentication or security of any host, network, or account (also known as
"cracking"). This includes, but is not limited to, accessing data not
intended for User, logging into a server or account User is not expressly
authorized to access, or probing the security of other networks. Users may not
attempt to interfere with service to any user, host, or network ("denial
of service attacks"). This includes, but is not limited to,
"flooding" of networks, deliberate attempts to overload a service,
and attempts to "crash" a host.
Users are prohibited from using any kind of program/script/command, or sending
messages of any kind, designed to interfere with a user's terminal session, via
any means, locally or by the Internet. Users who violate systems or network
security may incur criminal or civil liability. We will cooperate fully with
investigations of violations of systems or network security at other sites,
including cooperating with law enforcement authorities in the investigation of
suspected criminal violations.
- Immediately and without prior
notice to you terminate your Services
- Institute legal action
- Cooperate with law enforcement
authorities in bringing legal proceedings against violators.
Users
understand there are certain security risks by utilizing wireless 802.11b,g or
n networks. We are committed to maintaining a public network for ease of use
and make no guarantees or representations regarding the security of our
network. We recommend the use of personal firewall software and a VPN client to
attach to private networks. As an option, we support routable IP addresses to
all connection types to support a corporate VPN. Additional information about
personal firewalls, VPN's, and other security precautions can be found on our
FAQ website.
User
is prohibited from running any servers in conjunction with the Services,
including but not limited to, electronic mail, NAT, DHCP and DNS servers. In
the event any User attempts to utilize a server on the network, we may, at our
sole discretion, increase the fees associated with User’s use of the Services
or terminate the Services.
User is prohibited from running programs designed to defeat network inactivity
time-outs and maintaining an open SMTP relay is prohibited.
User is prohibited from using any software or device that allows user account
to stay logged on while user is not actively using the Services.
User is prohibited from uploading or distributing files that contain viruses,
Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other
similar software or programs that may damage the operation of another's
computer or the property of another.
User is prohibited from hacking, breaking the security on any computer network
or accessing an account that does not belong to the User. This includes, but is
not limited to, unauthorized access to, or use of, data, systems or networks,
including any attempt to probe, scan, or test the vulnerability of a system or
network or to breach security or authentication measures without express
authorization from us.
User
is prohibited from establishing an Ad Hoc Network, i.e. creating network
connections that allow other computers to access the Internet through the
User’s computer using your authorized account.
User
will not use the Services in any manner that interferes with any other
customer’s use and enjoyment of the Services. Extreme and excessive use
of available data transfer and bandwidth consumption by one individual
constitutes abuse of the system and degrades performance for other users.
DATA
TRANSFER ALLOWANCE
(Also known as a Data Cap).
To
provide a positive experience for all our users, CZee Networks (the provider)
has established a fixed data transfer threshold for several monthly plans
available at select locations. The provider also offers the option of choosing
a plan with Unlimited Data Transfer. These unlimited plans will still be
subject to the excessive use policy, which allows the provider to warn the
offender. The provider reserves the right to cancel the offender’s service if
in the opinion of the provider usage is excessive.
DATA TRANSFER ALLOWANCE PLANS are not
available in all locations. Effective in October 2012, plans available in some
locations will reflect a fixed data transfer allowance for each month which
varies by plan with the option to buy additional data transfer capacity at a
published rate. Only a very small percentage of the provider’s customers exceed
this allowance, so the "Data Cap" plans will not affect the great majority of
the provider’s customers. Current users with active plans with different usage
terms will not be affected. However, once those plans expire, they will no
longer be available for purchase at the locations where the Data Cap plans have
been implemented.
Data usage (both
download and upload) related to a user account and active plan will be tracked.
Current usage summary will be displayed on user’s personal ACCOUNT INFORMATION
pages in the CZee Networks Portal. Users can monitor usage online via their
USAGE page.
When usage reaches
80% of the Data Transfer Allowance the provider will send an email alert to the
email account used when the user purchased the plan. Users then have the option
to purchase more data transfer capacity at rates listed in the Provider’s
Portal.
IMPORTANT NOTE:
Data Transfer capacity does not carry over from month to month with monthly
billing plans and additional transfer capacity purchased will expire at the end
of the 30 day period in which it was purchased. In all cases, Data Transfer
capacity expires when your active plan expires. For example: If you have a
basic 30 Day Plan (30 days only) and you have exceeded your allowance before
you reach 30 days, you will need to purchase additional Data Transfer capacity
in order to access the Internet. When your 30 day plan expires the unused data
capacity you purchased does not carry over to new plans. If you have a Monthly
Plan (with automatic monthly billing periods) and you exceed the monthly
allowance before the next billing period, you will not be able to access the
Internet until you purchase more Data Transfer capacity. Data capacity does NOT
carry over to the next billing period and you will begin the next period with
your plan’s regular monthly data transfer allowance.
Monitoring
the Services
Privacy
We
are under no obligation to monitor the Services, but we may do so from time to
time, and, if we do so, we may disclose information regarding User's identity
or use of the Services at our sole discretion in order to satisfy any
applicable laws, regulations, or governmental requests, or any law enforcement
investigation, or in order to operate and deliver the Services in an effective
manner, or to otherwise protect us and our users. Except for the foregoing, no
other attempts are made to identify individual users or their usage habits, and
raw data logs are not used for any other purposes.
IP
Addresses
IP
addresses are normally assigned on a dynamic basis, and there is little or no
assurance that the User will be assigned the same (or even a similar) IP
address between sessions.
Billing
User
agrees to pay all charges to User's account, including recurring fees,
applicable taxes and charges to recover taxes paid, in accordance with billing
terms in effect at the time the fee or charge becomes payable. User agrees to
provide us with accurate and complete billing information, including User's
legal name, address, telephone number and credit card information. User agrees
to report to us all changes to this information within thirty (30) days of any
change, including any change in the expiration date of User's credit card. The
recurring fee is due and payable in advance of the respective billing period
for which the User has purchased Services, with the first payment due and
payable on the activation date of the Services. User agrees to pay a fee for
processing rejected credit cards. Activation and usage fees are non-refundable.
The initial payment may include non-recurring installation charges including,
but not limited to equipment and activation fees. Delinquent accounts are
subject to immediate termination or suspension of Services at the sole
discretion of us. If payment is not received by us within fifteen (15) days
from the date payment is due, User's account is considered delinquent and User
will be subject to a late payment fee of 1.5% per month of the outstanding
balance on User's account or $15 dollars, whichever is greater (but in no event
shall any charge levied on you exceed the maximum rate permitted by law). User
is also responsible for all attorney and collection fees arising from our
efforts to collect any unpaid balance.
12 MONTH ANNUAL SUBSCRIPTION PLAN -
Not available in all locations
The Monthly Subscription Plan requires a 12 month annual commitment. Your
commitment will end 12 months from time of purchase. Your credit card will
automatically be billed each month during the subscription period. Under no
circumstances can a customer terminate a subscription by canceling the credit
card used for automatic billing, or by failing to update card information or
card expiration date. CANCELLATION TERMS: Members of the military may cancel
the 12 Month Subscription Plan without penalty in the case of involuntary
transfer or involuntary temporary duty (TDY) for periods of 30 days or more. If
a customer presents Permanent Change of Station (PCS) orders or TDY orders
prior to expiration of their annual agreement the provider will cancel the Plan
and discontinue automatic monthly charges to the customer. For example, if you
cancel in May you will not receive a June bill. To cancel your plan you must
present a copy of Permanent Change of Station (PCS) orders or TDY orders prior
to expiration of your annual agreement via fax to 860-628-3680 or mail to
RESOLUTE Partners CZee Wi-Fi., 37 West Center St. Suite 301, Southington, CT.
06489. Upon receipt of your request and copy of your orders, automatic monthly
charges will be discontinued effective the next billing period.
Reconnect
Fee If
the Services are terminated due to non-payment and/or breach of the Terms and
Conditions, User agrees to pay a reconnection fee if Services are reactivated.
Disclaimer of Liability WE MAY PROVIDE WEB
LINKS TO AND POINTERS TO INTERNET SITES MAINTAINED BY THIRD PARTIES. WE DO NOT
OPERATE OR CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES ON
THESE THIRD-PARTY SITES. THE MATERIALS IN THE INTERNET ACCESS WEB PORTAL, ANY
RELATED SITES AND THE THIRD-PARTY SITES ARE PROVIDED "AS IS" AND
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. WE DO NOT WARRANT THAT
THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE,
THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING BULLETIN BOARDS,
OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR
THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE OR IN THIRD-PARTY SITES IN
TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.
YOU AND YOU ALONE ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR,
OR CORRECTION THAT RESULTS FROM YOUR USE OF SUCH THIRD-PARTY SITES. YOU
SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARENOT LIABLE FOR ANY DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER.
THE
SERVICES PROVIDED BY US ARE PROVIDED "AS IS". WE MAKE NO WARRANTY OF
ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, OR ANY
WARRANTY REGARDING THE RELIABILITY OR SUITABILITY FOR A PARTICULAR PURPOSE OF
THE SERVICES. USER UNDERSTANDS AND ACKNOWLEDGES THAT WE EXERCISE NO CONTROL
OVER THE NATURE, CONTENT OR RELIABILITY OF THE INFORMATION AND/OR DATA PASSING
THROUGH OUR NETWORK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US, OUR
AGENTS CONTRACTORS, EMPLOYEES OR REPRESENTATIVES SHALL CREATE A WARRANTY, AND
USER MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. WE MAKES NO WARRANTY OF
ANY KIND, EITHER EXPRESSED OR IMPLIED, REGARDING THE QUALITY, ACCURACY OR
VALIDITY OF THE INFORMATION AND/OR DATA RESIDING ON OR PASSING THROUGH ANY
NETWORK. USE OF ANY INFORMATION AND/OR DATA OBTAINED FROM OR THROUGH SERVICES
PROVIDED BY US WILL BE AT USER’S OWN RISK. USER ACKNOWLEDGES THAT WE ARE NOT
LIABLE FOR ANY ERRORS OR INTERRUPTION IN THE INSTALLATION PROCESS OR IN
PROVIDING THE SERVICES, WHETHER WITHIN OR OUTSIDE THE CONTROL OF US. UNDER NO
CIRCUMSTANCES SHALL THE USER HOLD US OR ANY OF OUR AGENTS, CONTRACTORS,
EMPLOYEES OR REPRESENTATIVES RESPONSIBLE FOR ANY FORM OF DAMAGES OR LOSSES
(INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL
DAMAGES OR LOSSES) SUFFERED FROM, BUT NOT LIMITED TO, ERRORS, DELAYS, LOSS OF
INFORMATION, DELAYS IN THE INSTALLATION OR PROVISIONING PROCESS, OR
INTERRUPTIONS IN THE SERVICES CAUSED BY USER, US OR A THIRD PARTY"S
NEGLIGENCE, FAULT, MISCONDUCT OR FAILURE TO PERFORM. USER UNDERSTANDS THAT
TELECOMMUNICATION AND/OR NETWORK ACCESS SERVICES MAY BE TEMPORARILY UNAVAILABLE
FOR SCHEDULED OR UNSCHEDULED MAINTENANCE AND FOR OTHER REASONS WITHIN AND OUTSIDE
OF THE DIRECT CONTROL OF US. UNDER NO CIRCUMSTANCES DO ANY SUCH ERRORS, DELAYS,
INTERRUPTIONS IN SERVICES OR LOSS OF INFORMATION NULLIFY OR MODIFY THESE TERMS
AND CONDITIONS. WE RESERVE THE RIGHT TO REFUSE OR TERMINATE SERVICES TO A USER
AT ANY TIME WITHOUT CAUSE. THE INTERNET CONTAINS UNEDITED MATERIALS, WHICH MAY
BE SEXUALLY EXPLICIT, OR MAY BE OFFENSIVE TO YOU OR OTHERS ACCESSING THE
SERVICES. WE HAVE NO CONTROL OVER SUCH MATERIALS AND ACCEPT NO RESPONSIBILITY
FOR SUCH MATERIALS. IF YOU ARE DISSATISFIED WITH ANY SERVICE OR MATERIAL OR
TERM OR CONDITION, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE
SERVICES.
User
Complaint Resolution
In
order to resolve a complaint regarding the Services or to receive further
information regarding the use of the Services, User should contact us at the
address and phone number listed on our website.
Additional
Terms and Conditions
We
may, from time to time, send e-mail messages or other forms of communication to
User containing advertisements, promotions, etc. which may be offered by third
parties. We make no representation or warranty with respect to the content of
any such third party communications or goods or services which may be obtained
in response to such communications, and User agrees that we shall not have any
liability with respect thereto, nor shall any such messages amend the Terms and
Conditions unless specifically agreed to in writing by us. Additionally, our
web site may contain links to Web sites operated by parties other than us. Such
links are provided for your convenience only. We do not control such Web sites
and is not responsible for their contents. Our inclusion of links to such Web
sites does not imply any endorsement of the material on such Web sites or any
association with their operators.
Entire
Agreement
The
Services Order Confirmation and Acknowledgement Terms and Conditions and the
Terms and Conditions contain the entire agreement and understanding concerning
the Services and supersede all prior negotiations, proposed agreements, and all
other agreements, whether electronic, written or oral. The Terms and Conditions
may be modified at any time by us and the latest version of the Terms and
Conditions may be found on our FAQ website. A printed version of these Terms
and Conditions and of any notice given in electronic form shall be admissible
in judicial or administrative hearings based upon or relating to the Terms and
Conditions to the same extent and subject to the same conditions as other
business documents and records originally generated and maintained in printed
form.
Assignment
and Successors in Interest
All
of the Terms and Conditions shall be binding upon, inure to the benefit of, and
be enforceable by the respective successors and assigns of the parties. Except
as specifically stated herein, neither these Terms and Conditions nor any of
the rights, interests or obligations of User shall be assigned or delegated
without the prior written consent of us. Any unauthorized assignment or
delegation shall be null and void.
INACTIVITY LOG-OFF
Your Wi-Fi connection will be
automatically terminated if there is no wireless network activity for 60
minutes.
TERMS AND CONDITIONS SPECIFIC TO VIDEO
SERVICES
The "Property" shall mean the Customer
location identified in the order form submitted by Customer. Customer shall
provide us with such facilities and access at the Property as may be necessary
to carry out its obligations under this Agreement.
Customer shall not resell, retransmit or
rebroadcast any Video Programming Services and shall employ its best efforts to
ensure that: (a) Programming Services are not received other than at those
Units that are authorized under this Agreement; (b) No modifications,
additions, deletions, advertising insertions, or other alterations of any sort
whatsoever are made to any of the Programming Services; and (c) Programming
Services are not viewed in any areas at the Property that are generally
accessible to the commercial public, such as but not limited to restaurants,
theaters and pubs. Notwithstanding the above, Customer may elect to distribute
Programming Services to a television set and/or desktop computer in the Units
via a traditional cable platform (fiber/coax or HFC) and/or a data network;
provided that Customer implements reasonable and customary security measures to
ensure that any video feed distributed over a data network is not copied,
retransmitted outside the Customer’s LAN, accessible from outside the Customer’s
LAN, intercepted, or otherwise distributed to locations other than the
authorized Units.
In addition to complying with any
manufacturer’s restriction on use, Customer shall not and shall ensure that
none of its employees, students, residents, contractors and/or visitors to the
Property: use any devices that cause frequency interference; move alter or
change any Equipment; connect, directly or indirectly, additional television
sets or other devices to the Equipment; or authorize or permit any person to
engage in any of the foregoing acts. Any tampering or other unauthorized
modifications to the integrated receiver decoder access card are strictly
prohibited.
Channel Lineup
Channel Lineup may vary from location to
location. We shall provide the Channel Lineup listing indicating channels
available at designated Units on the Property. We reserve the right to make
changes in location Channel Lineups from time to time.
Comprehensive
Warranty Coverage
We will provide all labor, materials and
replacement parts necessary to keep the network in satisfactory working
condition. Manufacturer’s parts or equivalent parts of equal or better quality
will be used, provided that any replacement parts may be new or refurbished.
Cable Modems
Cable
modems are the property of CZee Networks. Cable modem rental may be included in
the monthly cost of the service. See specific location plan for details and
pricing. CZee Networks will replace a modem that has failed due to material,
component or manufacturing defect. Customers will be liable for loss or damage
to cable modems. Upon termination of service, a $90 replacement fee will be
charged to the customer’s account for a lost, stolen or damaged cable modem.
Preventive
Maintenance
We will perform signal level testing on the Equipment and Existing System
(collectively the "CATV System") annually. Based on this analysis, we
will balance the CATV System to achieve design parameters.