Terms and Conditions

1.0 Agreement

The Terms of Service Agreement (the “Agreement”), in its entirety, shall consist of the Terms and Conditions, Acceptable Use Policy, Privacy Policy, and Open Internet Policy.

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 Home (the “Service”). Customer shall order the Service through the Online Sign Up Form. Upon completion of the Sign Up Form this Agreement becomes effective. Customer hereby represents and warrants that they are at least 18 years of age. 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 broadband fixed wireless connection between Customer residence and an Access Point (AP) on the Company’s Internet access network. The service has throughput and latency that is suitable for video streaming and general purpose Internet use. The latency is moderate so the service is not suitable for high-intensity gaming.

2.2 Fixed Wireless CPE. Company will install antenna/radio equipment on the roof with a CAT-5 ethernet cable that runs into the home and connects to a PoE adapter that provides power to the radio and an ethernet connection to Customer router. The antenna/radio equipment are property of the Company and will be recovered in the event of service cancellation.

2.3 Router CPE. Customer router must provide NAT and DHCP on the WAN/Internet interface and will connect using a CAT-5 ethernet cable to the PoE adapter installed by the Company. Customer will be solely responsible for all router maintenance, management, and support. Any assistance provided by 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.

2.4 Service Demarcation. The point of demarcation (“demarc”) for Service is the PoE adapter. Company’s responsibility for maintenance and troubleshooting ends at the demarc.

2.5 Connection Speeds. Bandwidth is delivered as a ‘Best Effort’ service so the speeds specified in the Sign Up Form 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 Method of Payment. Credit Card and ACH/eCheck are the payment methods permitted. Customer will provide a valid credit card number or checking account number in order to activate the Service. Customer hereby authorizes Company to charge their credit card or checking account with respect to any unpaid charges for the Service. Customer agrees to provide Company with updated credit card or checking account information upon request if the previously provided information is no longer valid. Customer agrees that Company will have no liability whatsoever for insufficient funds charges incurred by Customer as a result of such attempts to charge their credit card or checking account.

3.3 Late Payment. If Customer’s credit card or checking account is declined for processing, Customer will be notified by email 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.

3.4 Billing Period. Customer may select monthly, quarterly, or yearly billing cycle. The Service is automatically billed in advance starting on the day of service activation and will continue until the Service is terminated or cancelled as provided for in Section 4 of these Terms and Conditions. Partial months will be billed on a pro-rated daily basis. The Customer may temporarily suspend the Service at any time, but will be subject to a $20.00 re-activation charge.

4.0 Termination, Cancellation, and Refusal of Service

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.

4.3 Refusal of Service by Company. Company reserves the right to refuse to provide Service to anyone who has been terminated for cause, or to anyone suspected of acting on behalf of someone who has been terminated for cause.

4.4 Return of Fixed Wireless CPE. Upon cancellation or termination of service Customer must allow Company to uninstall and recover the antenna/radio equipment.

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. 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.

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.

10.0. Indemnification

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

Customer personal information is subject to Company’s Privacy Policy, which is incorporated by reference herein into the Agreement.

13.0 Severability

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.

Updated 8/16/2017