Terms Of Service for Zoe Access High-Speed Broadband Internet.
What This Document Is
This document contains your Terms of Service. It is an agreement made between you and Zoe Access, 1307 West Main St. Suite B130, Gun Barrel City, TX 75156, explaining the rights and responsibilities of Zoe Access and Zoe Access’s customers.
By ordering Internet service from Zoe Access or by using the Zoe Access provided Equipment or Service, you accept the terms and conditions contained in this Agreement and agree to comply with its requirements. Zoe Access is also bound by this agreement, although we have the right to update the terms of service and other policies.
We have done our best to make this document and the other Zoe Access policies understandable. However, sometimes it is necessary to include strict legal language. The section headings are there for your convenience.
“Customer” or “you” (“your,” “yourself”) means a person, a corporation, or a legal entity who contracts to use the Zoe Access Service, agreeing to pay for service and installation of equipment.
“User” means you (the customer) and anyone else who uses your Zoe Access service and equipment.
“Service” means basic network access from your premises to the Internet and transport of data via a wireless modem as provided by Zoe Access.
“Equipment” means certain software, a wireless outlet (if necessary), a wireless modem, and any other Zoe Access-supplied equipment necessary to provide the Service.
“Zoe Access” or “we” (“us,” “our”) mean Zoe Access, 1307 West Main St. Suite B130, Gun Barrel City, TX 75156 (Zoeaccess.com).
Scope of This Agreement
You agree to purchase Internet service from Zoe Access, in accordance with the terms and conditions of this Agreement.
You have certain responsibilities as a party to this agreement. Another section describes Zoe Access’s responsibilities.
• You acknowledge that you accept this Agreement on behalf of yourself, your users, and all persons who use the Equipment and/or the Service through your computer.
• You have sole responsibility for ensuring that all other users understand and comply with the terms and conditions of this Agreement.
• You acknowledge and agree that you are solely responsible and liable for any and all breaches of the terms and conditions of this Agreement, whether such breach is the result of use of the Service and/or Equipment by you or by another user of your computer.
• You agree to use your Zoe Access wireless broadband service from your own premises.
• You agree to provide Zoe Access with accurate and complete billing information, including your legal name, address, and telephone number. If your address, phone number, name, or other billing information changes, you will notify us of the changes within 30 days.
• By ordering and paying for a Zoe Access account, or by using the Zoe Access service, you affirm that you are 18 years of age or older, or that you have parental or guardian consent to use the service.
What happens if you break this agreement (“default”)
If you default (break this agreement), Zoe Access may temporarily suspend or permanently close some or all of your Service. Zoe Access alone makes this decision. Suspending or closing your service does not limit Zoe Access’s remedies or incur any liability to you (that is, we do not have to credit you for down time if you lose access because you defaulted).
“Default” means failure on your part to comply with this Agreement. This includes getting behind on payments and breaking the provisions of this agreement or the associated policies, but is not limited to these situations.
If you use your own equipment with Service provided by Zoe Access in violation of any of the provisions of this agreement, Zoe Access will notify you and take such action as is necessary for the protection of the Service for use by its other customers. This may include discontinuing your Service.
Zoe Access reserves the right to charge a reconnect fee for any discontinued Service that is subsequently reconnected.
Zoe Access’s Responsibilities
Zoe Access has certain responsibilities as a party to this agreement. Another section describes your responsibilities.
• Zoe Access agrees to provide you with the Service and the Equipment, providing that you comply with all of the terms and conditions of this Agreement. We also agree to maintain the Equipment provided by Zoe Access, and repair or replace it if necessary.
• We will do our best to provide uninterrupted Internet connectivity. However, like any other Internet service provider, the Service may experience temporary slowdowns or interruptions caused by:
o Equipment modifications, upgrades, relocations, or repairs, and similar activities
necessary for the proper operation of the Service
o Disasters (please read about “force majeure”)
• Zoe Access will provide basic instructions on how to use the Service. These instructions will appear on the Zoe Access website. You are also entitled to technical support for the Zoe Access provided Equipment or Service via phone or email. We cannot provide technical support for operating systems, your personal hardware, or software not provided by Zoe Access.
• If Zoe Access wireless broadband Service cannot be made to work at your location because of distance, hills, trees, or any other cause, you will be refunded 100% of any payments you have made to us, subject to this agreement. You must return the equipment in good condition. Zoe Access has no other liability if your location proves impossible to provide the Service for.
Force Majeure (Disasters, Etc.)
Neither you nor Zoe Access is liable for any delay or failure in performance of any part of this Agreement caused by any event beyond your (our) control and without your (our) fault or negligence.
These events include, but are not limited to, the kinds of situations known legally as “Force Majeure.” Force Majeure refers to a number of situations that could affect you and Zoe Access in performing your obligations:
• acts of civil or military authority
• terrorist acts
• nuclear accidents
• inability to secure transportation facilities, hardware or software products, or services of other persons
• government regulations
• acts or omissions of transportation or common carriers
• extended power blackouts
• natural disasters
• severe weather conditions
• environmental disturbances
• legal and/or regulatory constraints
If a Force Majeure condition occurs, the party injured by the other party’s inability to perform has two options (detailed below). You (we) have 30 days to choose which one. If you do not inform Zoe Access (or vice versa) of your selection within 30 days of being notified of a Force Majeure situation, the second option goes into effect.
• You or Zoe Access, whichever is the injured party, may terminate the Agreement if such Force Majeure condition results in a delay or failure to perform which continues for more than 30 calendar days
• You or Zoe Access, whichever is the injured party, may suspend the Service for the duration of the delaying cause and buy or sell a similar service. You may deduct the time you have contracted for with some other provider from the time you contracted for with Zoe Access. Then, after the emergency is over, you may resume Zoe Access service under your original agreement.
Paying for Your High-Speed Broadband Internet
You will pay Zoe Access the monthly rate and other fees and charges associated with the Service and the Equipment, including applicable sales taxes, as established from time to time by Zoe Access.
Zoe Access reserves the right to modify the rates, fees and charges at any time. You have the right to be notified of price changes at least 30 days before the new rate takes effect. You acknowledge that you may incur additional charges while using the Service. If you make purchases over the Internet, those transactions are between you and the seller, and have nothing to do with your relationship with Zoe Access.
Zoe Access will charge your credit card periodically as agreed when you signed up for the service. You will be sent a statement by email. Payment will be deemed made when received by Zoe Access. Zoe Access’s billing software automatically charges your card and maintains your account status.
If your card is declined, which can be caused by a variety of reasons, the software will notify you and try again in two days for a total of three tries.
If your account becomes overdue, you will receive a notice by email. If your payment is more than 5 days late, your service is automatically suspended by Zoe Access’s billing software. If you have not paid for 10 days, we reserve the right to close your service. You will still owe for the 10 days. A late fee of $25 will be assessed for payments more than 5 days late.
Zoe Access does not issue partial refunds for prepaid services less than six months long. A service charge of $25 will be assessed for each check that is returned to Zoe Access for insufficient funds.
You will get your statement by email to your Zoe Access email address. If you prefer to get your emailed statement at another address, you must arrange this with us. It is your responsibility to check your Zoe Access email address for billing information and Zoe Access announcements.
If you prefer to get a statement mailed or faxed to you, a processing and handling charge of $2.00 applies.
This Agreement becomes effective on the date on which you order Zoe Access Service. However, your credit card is not charged until you are online with your Zoe Access account. This is automatically determined by Zoe Access’s computer systems. The date you successfully go online through Zoe Access is your start-of-service date. This agreement remains in effect for 12 months from your start-of-service date or until terminated. It will continue in effect on a year-to-year basis after the first year until such time as your Zoe Access account is closed by you or by Zoe Access.
Credit for down time
Although we intend to maintain your connectivity at all times, you have the right to be credited if through our negligence you lose connectivity via Zoe Access for more than 24 hours. In such a case, we will credit you with 1/30 of the monthly charge for each twenty-four hour period from the time of notice of interruption until Service restoration.
• The 24 hours must be continuous. You cannot add up shorter periods.
• To receive credit you must notify the Zoe Access office that your service is not working.
• Most types of outage do not qualify for credit. Please read the next subsection for more information.
Events that don’t qualify for credit
Most temporary service outages do not qualify for credit.
• You will not get credit for problems in the Service caused by your own or others’ negligence or willful act (except as provided above) or for problems caused by weather or disaster-like situations. Please see Force Majeure. “Willful acts” include system failures caused by viruses, “hacking,” “cracking,” and other forms of remote malice.
• You will not get credit for loss of connectivity caused by technicians working to modify or repair Zoe Access’s equipment.
• You will not get credit for interruptions of service less than 24 hours long.
• You will not get credit for not using your Service.
If you believe that Zoe Access has billed you in error, you must contact us by email at billing@Zoeaccess.com or call us within 60 days of the invoice or transaction date of the charge. Refunds or adjustments will not be given for any charges more than 60 days old.
At this time Zoe Access does not require a deposit. However, we reserve the right to collect a
deposit from you as security for your performance of all of your obligations under this Agreement.
Some types of accounts may always require a deposit.
Closing Your Account
To close your account with Zoe Access, you must notify us via email, fax, or letter. To add
services or close an account, you must identify yourself to Zoe Access’s satisfaction. This is to
protect you from someone else making changes to your account.
For annual accounts: If you cancel your account within six months of your start-of-service date,
you are liable for a $150 early cancellation fee.
You agree that upon termination of this Agreement:
• You will pay Zoe Access in full for your use of the Equipment and the Service up to the
effective date of termination of this Agreement or the date on which the Service and
Equipment have been disconnected and returned to Zoe Access, whichever is later.
You will not receive a refund if you terminate service part-way through a month. If you
have a six-month or annual prepaid service, you will get a refund for the part you did not
use, possibly excluding some charges determined by Zoe Access.
• You will allow Zoe Access employees or contractors to access your premises to
remove the Equipment. This may mean coming in your house and climbing on your roof.
We agree to arrange a time that is convenient for you.
• You will return all of the Equipment to Zoe Access. Not returning the equipment in
good condition is considered a default.
Credit for closed accounts
If you cancel your Zoe Access service, we will refund that part of your latest payment which
covers time you will not use. Your setup and installation fees are non-refundable. You will always
be refunded at the rate you paid. That is, if you got a discount, you will be refunded at the
discount level, not at the standard level.
Your own computer equipment
You are responsible for your own equipment that you use with the Zoe Access service. For
this agreement to be valid, your computer must meet minimum requirements (as determined
solely by Zoe Access). It must:
• Be technically and operationally compatible with the Service. Zoe Access’s
responsibility for your Internet connectivity stops at the downstream end of the
Equipment. You are responsible for providing equipment capable of receiving and
transmitting electronic data through a standard port.
• Be compliant with applicable Federal Communications Commission rules and
You may access the Internet via Zoe Access from secondary computers on a home network
within the limits of the Acceptable Use Policy. Your home network is not part of your Zoe Access
Internet Service or Equipment. By accepting this agreement, you explicitly acknowledge that
Zoe Access will not provide technical support for equipment or software that is not part of the
Zoe Access Service or Equipment.
Allowing someone to connect to your home network from outside your premises and use your
Zoe Access service is strictly prohibited. If you do this, we will close your account.
Giving someone outside your household your Zoe Access login name and password is called
“account sharing” and is strictly prohibited.
Backing up your data before installation or repair
There is an extremely remote possibility that the installation, use, inspection, maintenance,
repair, and removal of the Zoe Access Equipment may result in damage to your computer.
You therefore agree to back up all existing computer files by copying them to another storage
medium before installation of the Equipment. Zoe Access has no liability whatsoever for
any damage to or loss or destruction of any of your equipment, software, files, data, or
Equipment supplied by Zoe Access
Zoe Access agrees to maintain the Equipment in working condition for the lifetime of this agreement. In case of Equipment failure, Zoe Access will troubleshoot, diagnose, repair, or replace the Equipment within 24 hours. In some cases diagnosing and repairing equipment can take more than 24 hours. In those cases we will provide a loaner set of Equipment to you.
All equipment supplied by Zoe Access, except for any item that you buy and pay for in full, remains the property of Zoe Access. You may not mortgage, sell, transfer, lease, encumber, or assign all or part of the equipment.
If you lose or break the equipment, or turn it over to someone else as described in the previous paragraph, you must pay Zoe Access the full retail cost of the repair or replacement. If Zoe Access spends money in the effort to get the equipment back, you must also pay those costs.
You will not modify, tamper with, or move the Equipment. If you need the equipment moved, call or send a request to Zoe Access and Zoe Access can relocate the Equipment for you at a time that you and Zoe Access agree on.
If equipment, including network components, is moved or modified by anyone other than Zoe Access personnel (employed or contract), and damage to the equipment results so that Zoe Access personnel or contractors are called out to your location to repair or replace it, you will be charged $75.00 for the visit in addition to any other charges specified in the Terms of Service.
You authorize Zoe Access and its employees, agents, contractors and representatives to enter your premises in order to install, maintain, inspect, repair, and remove the Equipment. Zoe Access agrees to arrange a convenient time with you for these activities.
Limitation of Liability
ZOE ACCESS SHALL NOT BE LIABLE FOR INTERRUPTIONS CAUSED BY FAILURE
OF EQUIPMENT OR SERVICE NOT PROVIDED BY ITS, FAILURE OF COMMUNICATIONS,
POWER OUTAGES, OR OTHER INTERRUPTION NOT WITHIN THE COMPLETE CONTROL
OF ZOE ACCESS, NOR SHALL ZOE ACCESS BE LIABLE FOR PERFORMANCE
DEFICIENCIES CAUSED OR CREATED BY YOUR OR YOUR USERS’ EQUIPMENT. YOU
(THE CUSTOMER) AND YOUR USERS HEREBY RELEASE ZOE ACCESS FROM
LIABILITY ARISING FROM ANY CONTENT ACCESSED VIA THE SERVICE. ZOE
ACCESS’S PERFORMANCE UNDER THIS AGREEMENT SHALL BE EXCUSED IN CASE
OF LABOR DIFFICULTIES, GOVERNMENTAL ORDERS, CIVIL COMMOTIONS, ACTS OF
GOD, OR OTHER CONDITIONS OR CIRCUMSTANCES BEYOND ITS REASONABLE
CONTROL. ZOE ACCESS SHALL NOT BE LIABLE IF CHANGES IN OPERATION,
PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR (THE
CUSTOMER’S) OR YOUR USERS’ EQUIPMENT, RENDER THE SAME OBSOLETE, OR
OTHERWISE AFFECT ITS PERFORMANCE. IN NO EVENT SHALL ZOE ACCESS BE
LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR
BUSINESS OPPORTUNITY, LOSS OF USE, ETC. THE LIABILITY OF ZOE ACCESS
FOR ACTUAL PROVEN DAMAGES FOR ANY CAUSE WHATSOEVER, INCLUDING BUT
NOT LIMITED TO ANY FAILURE OF OR DISRUPTION OF SERVICE, REGARDLESS OF THE
FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT OR OTHERWISE, INCLUDING
NEGLIGENCE, SHALL BE LIMITED TO AN AMOUNT EQUIVALENT TO CHARGES
PAYABLE BY YOU (THE CUSTOMER) UNDER THIS AGREEMENT FOR THE SERVICE
DURING THE PERIOD SUCH DAMAGES OCCUR. ZOE ACCESS MAKES NO OTHER
WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, CONCERNING
THE SERVICE, AND EXPRESSLY DISCLAIMS WARRANTIES OF FITNESS FOR A
PARTICULAR USE OR PURPOSE, THE WARRANTY OF MERCHANTABILITY, AND ANY
OTHER WARRANTY IMPLIED BY LAW. WITHOUT LIMITATION OF THE FOREGOING,
ZOE ACCESS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS,
LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS ARISING OUT OF OR
OTHERWISE RELATING TO THE FOLLOWING CIRCUMSTANCES:
• Eavesdropping. Zoe Access uses an encryption technology to transmit data. Even so, there is a slight risk that you could be subject to “eavesdropping.” This means that other parties may be able to access, monitor, and/or decode your traffic. This risk of eavesdropping exists not only over Zoe Access’s network, but also on the Internet and all other electronic data networks. Because of this risk, you should not send any sensitive or confidential information, such as credit card numbers or other financial information, medical information, or trade secrets, over the network except via secure technologies such as SSL (secure, encrypted web pages). Any information you send over the network is sent at your sole risk. Email is not secured unless encrypted, and sometimes not even then.
• Home Networks. Your home network is not part of your Zoe Access service. Any security risks associated with your wireless or wired home network are independent of the Service. Zoe Access has no responsibility for the security or operation of computer equipment other than the Zoe Access Equipment.
• FTP/HTTP Server Setup. If you install an FTP server or an HTTP server on a computer connected to the Internet, other people may be able to gain access to your computer. If you run any such applications, you must take the appropriate security measures. Zoe Access reserves the right to limit the use of server software.
Zoe Access has a right to claim economic damages from you if you violate the Zoe Access Terms of Service or its associated policies and cause Zoe Access significant economic harm.
You and your users shall indemnify and hold harmless Zoe Access from and against any loss, cost, claim, liability, damage, or expense (including reasonable attorneys’ fees) to third parties, relating to or arising from the use of the Service by you, your users, or others using your access, whether or not you know of or have authorized such access or use, including, without limitation, claims for libel, slander, invasion of privacy, infringement of copyright, patent infringement (where you or your users have used, connected, or combined the Service with the products or services of others), negligence, or tortuous behavior.
Ownership of Newly Developed Systems
All past, present, and future computer programs, software, drawings, diagrams, specifications, and other materials licensed or developed by Zoe Access or its suppliers, in connection with delivering the Service, whether or not developed at your specific request, remain the property of Zoe Access. You do not acquire sublicense or rights in these items by virtue of this Agreement or the provision of the Service.
Service Marks and Trade Names
Except as specifically set out in this Agreement, nothing in this Agreement shall grant, suggest, or imply any authority for you or Zoe Access to use the name, trademarks, service marks, or trade names of the other party for any purpose whatsoever. If either you or Zoe Access intend to use the other’s corporate or trade name, logo, trademark, or service mark in any kind of published material, you must show the proposed use to the other party and get their approval in writing before you publish or release the material. This requirement covers advertising, sales promotions, press releases, or other publicity matter relating to this Agreement.
Both you and Zoe Access desire to resolve disputes arising out of this Agreement without litigation. Accordingly, except for action seeking a temporary restraining order or injunction related to the purposes of this Agreement, or suit to compel compliance with this dispute resolution process, you and Zoe Access agree to use the following alternative dispute resolution procedure as the sole remedy with respect to any controversy or claim arising out of or relating to this Agreement or its breach.
At a written request, you and Zoe Access will appoint a knowledgeable, responsible representative to meet and negotiate in good faith to resolve any dispute arising under this Agreement. Both parties intend that business representatives who are not lawyers conduct these negotiations. The location, format, frequency, duration, and conclusion of these discussions shall be left to the discretion of the representatives. Upon agreement, the representatives may use alternative dispute resolution procedures such as mediation to assist in the negotiations.
Discussions and correspondence among the representatives for purposes of these negotiations shall be treated as confidential information developed for purposes of settlement, exempt from discovery and production, which shall not be admissible in the arbitration described below without the concurrence of all parties. Documents identified in or provided with such communications that are not prepared for purposes of the negotiations are not so exempted and may, if otherwise admissible, be admitted in evidence in the arbitration.
If the negotiations do not resolve the dispute within 60 days of the initial written request, the parties shall submit the dispute to binding arbitration before a single accredited arbitrator (pursuant to the Commercial Arbitration Rules of the American Arbitration Association). You or Zoe Access may demand such arbitration in accordance with the procedures set out in those rules. Discovery in such arbitration shall be controlled by the arbitrator.
The arbitration hearing shall be commenced within 120 days of the demand for arbitration. The arbitration shall be held in Tarrant County, Texas. The arbitrator shall control the scheduling so as to process the matter expeditiously. The parties may submit written briefs. The arbitrator shall rule on the dispute by issuing a written opinion within 30 days after the close of hearings. The times specified in this section may be extended upon mutual agreement of the parties or by the arbitrator upon a showing of good cause. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
You and Zoe Access will each bear your own costs of these procedures. Anyone seeking discovery will reimburse the other party for the costs of production of documents, which includes search time and reproduction costs.