Terms and Conditions
The Agreement between you (the “Customer”) and Verso Networks, Inc. (the “Company”) sets forth the legal rights and obligations governing Customer’s subscription to WiFiHood Bulk Internet (the “Service”). Customer shall order Service by signing a Company SOA, upon which this Agreement becomes effective. Company and Customer hereby represent and warrant that each is authorized to enter into the Agreement and perform its obligations thereunder.
Company reserves the right to change this Agreement at any time and for any reason provided that notice is given by posting the revised Agreement on its website at least thirty (30) days before the effective date of such changes. It is the Customer’s responsibility to check for any such notices. Continued subscription to the Service after the effective date of the changes constitutes Customer acceptance of such changes.
2.0 Service Description
2.1 General Description. The Service provides Internet access by means of a hardwired ethernet connection from each resident’s router to an ethernet switch on Company’s Internet access network.
2.2 Router CPE. Residents’ router must have NAT and DHCP on the WAN/Internet interface and will connect to the network using a CAT-5 ethernet cable to the designated wall jack in their unit. Each resident will be solely responsible for all router maintenance, management, and support. Any assistance provided by the Company is without warranty of any kind and in consideration for such assistance you expressly waive any and all claims against Company that may arise from such assistance.
2.3 Service Demarcation. The point of demarcation (“demarc”) for Service is the designated wall jack in resident’s unit. Company’s responsibility for maintenance and troubleshooting ends at the demarc.
2.4 Connection Speeds. Bandwidth is delivered as a ‘Best Effort’ service so the speeds specified in the SOA are maximum service capability speeds, and are not guaranteed. Customer agrees that actual Internet speeds obtained will vary based on a number of factors, including the capabilities of Customer’s devices, Wi-Fi signal level or interference, performance of other interconnected Internet networks, and any network management methods employed by Company.
2.5 IP Addresses. The Service will include both IPv4 and IPv6 addresses for the Customer router. A public IPv4 address will be assigned to the WAN/Internet interface via DHCP. A /60 IPv6 prefix will be assigned to the router via DHCPv6.
2.6 Maintenance. The Service may from time to time require hardware or software maintenance, which may result in temporary loss of service. Customer hereby consents to such maintenance activity without notice.
2.7 Changes to Service. Company reserves the right to modify or discontinue the Service at any time, for any reason, and without liability, provided that at least thirty (30) days notice is given to Customer via telephone or email.
3.0 Billing and Payment
3.1 Charges. Customer agrees to pay Company for the Service at the applicable recurring and non-recurring charges. Customer acknowledges and agrees that Company may modify the applicable charges with at least thirty (30) days notice given to Customer by telephone or email.
3.2 Billing Period. Company will notify Customer when Service is available for use. The date of such notice shall be the start of service date. The Service will be automatically billed in advance monthly beginning on the start of service date and will continue until the Service is cancelled or terminated as provided for in Section 4 of these Terms and Conditions. Partial months will be billed on a pro-rated daily basis.
3.3 Late Payment. Customer will be notified by email for late payments and will have until the next billing date to remain current. Charges not paid in full within thirty (30) days of the billing date will be past due and subject to a suspension in service.
4.0 Cancellation and Termination
4.1 Cancellation of Service by Customer. Customer may cancel the Service at any time or for any reason. Notice may be given via online Account Management portal, telephone, or email.
4.2 Termination of Service by Company. Company may terminate a Customer’s Service and their Customer Account for cause at any time without notice for any of the following reasons: (a) non-Payment for more than sixty (60) days; (b) providing false or misleading information to Company; (c) violation of the Service Terms or AUP; or (d) engaging in conduct that is abusive to Company’s employees or property. Company also reserves the right to terminate the Service at any time, for any reason, and without liability, with at least thirty (30) days notice given to Customer via telephone or email.
5.0 Restrictions on Use
5.1 Acceptable Use Policy. Customer’s use of the Service is subject to Company’s AUP, which is incorporated by reference herein into the Agreement.
5.2 No Resale. Customer agrees not to resell or redistribute the Service.
5.3 Use by Minors. The Service is designed to appeal to a broad audience. Customer is responsible to determine appropriate restrictions on use of the Service for minors under their supervision.
5.4 Network Management. Company reserves the right to engage in reasonable network management practices subject to Company’s Net Neutrality Policy, which is incorporated by reference herein into the Agreement.
6.0 Data Management; Content; Tracking Cookies; Malware
6.1 Data Management. Customer is responsible for management of their data. Company is not responsible for the loss, backup, or restoration of Customer data.
6.2 Content. Customer is responsible for all risks associated with content they send or receive via the Service. Company is not responsible for any content accessed via links it provides on its websites to other websites or resources.
6.3 Tracking Cookies. Customer acknowledges that accessing certain websites via the Service may result in tracking cookies being installed on Customer’s device. It is Customer’s responsibility to manage tracking cookies on their device.
6.4 Malware. The term malware encompasses all types of malicious software. Customer acknowledges that using the Service may result in malware being installed on Customer’s device. It is Customer’s responsibility to protect their device and data by installing firewall and anti-malware software.
7.0 Disclaimer of Warranties
Company and its officers, directors, employees, agents, and partners makes no representations or warranties, whether express, implied or statutory, regarding the Service, system equipment or Company-owned or provided equipment used by Customer. This disclaimer includes, but is not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement of any third party rights. Additional warranty limitations that relate to specific Service will be set forth in applicable Service Terms.
8.0 Limitation of Liability
Customer expressly understands and agrees that Company and its officers, directors, employees, agents, and partners will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages or losses resulting from; (a) use of the Service; (b) cost of procurement of substitute service; (c) unauthorized access or alterations of Customer communications or data; (d) statements or conduct of any third party on the Service; (e) incompatibility of Customer devices; or (f) any other matter relating to the Service.
9.0 Force Majeure
Company shall not be liable for any failure of performance due to any cause beyond its control, including but not limited to: acts of God, fire, explosion, vandalism, terrorism, cable cut, major weather disturbance, national emergencies, riots, wars, labor difficulties, supplier failures, shortages, breaches, any law, order, regulation, direction, action, or request by any government, civil or military authority, or suspension of existing service in compliance with state and/or federal law, rules and regulations, or delays caused by you or your equipment.
Customer agrees to indemnify and hold harmless Company and its officers, directors, employees, agents, and partners from any claim or demand, including reasonable attorneys’ fees, made by any third party arising from Customer‘s misuse or abuse of the Service, or violation of this Agreement or applicable law.
11.0 Dispute Resolution
Customer agrees that all unresolved disputes and claims with Company shall be resolved through binding arbitration, and that any such arbitration shall be conducted on an individual basis; class arbitrations and class actions are not permitted. The arbitration shall be conducted by a single arbitrator under the Commercial Arbitration Rules of the American Arbitration Association. The arbitration is bound by the terms of this Agreement. The decision and award of the arbitrator shall be final, binding, and not appealable.
12.0 Customer Privacy
Any provision found unlawful by a court or arbitrator having jurisdiction shall be deemed to be severed from the Agreement, but such severance shall have no effect on the enforceability of the remaining provisions of the Agreement.
14.0 No Waiver
No waiver of any of the provisions of the Agreement shall be binding unless made in writing and signed by the waiving party. The failure of either party to insist on the strict enforcement of any provision of this Agreement shall not be deemed to constitute a waiver of the provision, and all terms and conditions shall remain in full force and effect.
15.0 Complete Agreement
The Agreement, incorporating all the applicable documents referenced herein, represents the entire agreement between the parties with respect to Service, and supersedes all other prior agreements between the parties, whether written or oral.