Welcome to ezWave

Thank you for being an ezWave subscriber. ezWave is the brand through which we bring you products and services (“Services”). ezWave (and/or one of its affiliates, collectively “ezWave”) is the entity that brings you those Services. ezWave is located at 1525 2nd Street, Escalon, CA 95320, United States.

The ezWave Terms of Use (“Terms”) means the terms specified below. By agreeing to the Terms, you represent that you are at least eighteen years old and capable of entering into a legally binding agreement on behalf of yourself and others in your business or residence who may use the Services. By signing up for or using the Services, you agree to these Terms.

Communicating Electronically with ezWave

We may be required to provide certain disclosures, notices and communications (collectively “Communications”) to you in written form. We will deliver such Communications to you in electronic form. Your agreement to these Terms confirms your ability and consent to receive such Communications electronically. You consent to receive electronically all Communications that we may provide you in connection with your ezWave account and your use of the Services. Communications include:

• agreements and policies related to the Services, including updates to those agreements and policies;
• payment authorizations and transaction receipts or confirmations;
• questionnaires and marketing materials relating to the Services;
• account statements and history; and
• all other communications or documents related to or about your account, your purchases, changes to the Services or the rates and fees we charge in connection with the Services, and your use of the Services.

Communications will be received by you upon delivery in any of the following manners:

• posting them to your online account;
• posting them on or in the ezWave website;
• emailing them to the email address associated with your account;
• communicating them to you via text message;
• communicating them to you via a mobile application; or
• otherwise communicating them to you via the Services.

To access and retain electronic Communications, you will need to maintain or have access to the following computer hardware and software at your own expense:

• a computer or mobile device with Internet or mobile connectivity;
• a current web browser that includes 128-bit encryption (e.g., Internet Explorer version 6.0 and above, Firefox version 2.0 and above, Chrome version 3.0 and above, or Safari 3.0 and above) with cookies enabled;
• software capable of opening PDF documents;
• access to the valid email address you used to create your ezWave account registration; and
• sufficient storage space to save Communications or a printer to print them.

By consenting to this Policy, you confirm that you can meet the above requirements, and that you can receive, open, and print or save any Communications for your records. You should maintain copies of electronic Communications by printing paper copies or saving electronic copies, as applicable. Also, you may contact ezWave to request another electronic copy of a Communication. We reserve the right to terminate your use of the Services if you decline or withdraw consent to receive electronic Communications, except that you may decline to receive telephone calls and text messages without having your service terminated, as set out in the following section.

Consent to Receive Telephone Calls and Text Messages

On occasion, ezWave may seek to contact you by telephone or SMS text message at the landline and/or wireless phone numbers that you have provided to us. These communications may be about your ezWave account, responses to inquiries that you have made to us, or for other purposes, including marketing messages about other goods or services provided by ezWave. These calls or SMS text messages may be sent using an automatic telephone dialing system and may include the use of prerecorded or artificial voices. Please note that you may be responsible for any charges from your telephone provider for these calls or SMS text messages. If you do not wish to receive these optional calls and SMS text messages, you do not have to do so. Your consent to receiving these calls and SMS text messages is not required in order to purchase or receive any Services. To change your contact preferences, call ezWave at (209) 490-0000.

Eligibility for ezWave Services

Although we hope to make ezWave available to as many people as possible, ezWave reserves the right to determine whether any Services are made available to a particular address. Check our website often to see if service has been expanded to your area. Acceptance of these Terms does not guarantee that ezWave will install or provide any Services. We may need a separate agreement with you or your landlord in order to install the Services. If you live in an apartment or condo, ezWave’s ability to provide you Service is subject to the continued agreement between ezWave and the property owner or respective building association.

ezWave Installation

You agree to provide ezWave with all necessary access to the premises at the address where you sign up for Services to be installed (referred to as “your building” below) so that the equipment and wiring necessary for you to receive the Services may be installed and configured. To the extent applicable, you agree that ezWave may install equipment and wiring on the exterior and interior of your building (including but not limited to affixing equipment to the outside of your building) at any reasonable location. You also agree that ezWave may use, and that you have the necessary permissions to approve ezWave’s use of, existing facilities, including existing wiring in and around your building, to complete the installation services.

If you rent or otherwise do not own your building or residence, you represent and warrant that you are authorized by the property owner to order ezWave installation, and you acknowledge that you may be asked to provide written evidence that you have received all permissions necessary for ezWave to perform installation services. If ezWave incurs any costs or losses, including attorneys’ fees, because you did not get the necessary authorization(s) for ezWave to install the equipment and wiring required for the Services, you are responsible for reimbursing ezWave for those costs or losses. Acceptance of these Terms does not guarantee that ezWave will install or provide any Services. We may need a separate agreement with you or your landlord in order to install the Services.

Equipment

ezWave may provide or rent various pieces of equipment to you in connection with the Services. In some cases, to use the provided equipment, you will need to review and agree to additional terms of use governing use of the equipment. If you lose or damage this equipment after installation, ezWave may charge you a fee for replacement equipment (see Equipment Replacement Fees table below). Equipment fees are subject to change. ezWave owns all equipment provided by ezWave in connection with the Services.

You authorize ezWave to install software upgrades on any equipment provided by ezWave and to upgrade or replace any equipment provided by ezWave. You also agree not to use the ezWave-owned equipment for any purpose other than using the Services.

You are not authorized to, and agree not to modify, adjust, remove, or in any other way alter the equipment.  You will not authorize any third-party to modify, adjust, remove, or in any other way alter the equipment.  You further acknowledge that unauthorized handling of the equipment is a violates these Terms and may result in damaged equipment fees in accordance with the equipment replacement fee(s) below.

Your Services may come with certain equipment. The specific equipment you receive will depend on your plan and will be shown in your ezWave account. Regardless of your plan, you will be required to pay the applicable equipment replacement fee if you lose or damage any of the equipment listed below.

• If you cancel all of your Services, you must schedule and permit ezWave to collect the equipment provided to you as part of the Services in working condition and with all accessories such as data cables and power injectors.
• If you do not schedule ezWave to collect the applicable equipment in good working order within sixty (60) days after the applicable Services are terminated, you will be responsible for the applicable equipment replacement fee(s) below.

Equipment Replacement Fees

Using the Services

You agree not to misuse the Services, which includes using the Services for purposes that are illegal, are improper, infringe the rights of others, or adversely impact others’ enjoyment of the Services. Examples of misuses and prohibited activities are set forth in the Acceptable Use Policy (AUP) below. You are responsible for all activity on the Services, whether such activity is undertaken by you or someone else.

Acceptable Use Policy

For Commercial and Residential Customers, unless otherwise stated, use of ezWave and Services is subject to the following AUP. In addition to complying with our Terms of Use, you agree not to use or allow third parties to use the Services provided to you for any of the following purposes:

• To use any ezWave equipment for anything other than its intended purpose.
• To violate or encourage the violation of the legal rights of others.
• For any unlawful, invasive, infringing, defamatory, or fraudulent purpose.
• To intentionally distribute viruses, worms, Trojan horses, corrupted files, hoaxes, or other items of a destructive or deceptive nature.
• To operate servers for commercial purposes. However, personal, non-commercial use of servers that comply with this AUP is acceptable, including using virtual private networks (VPN) to access services in your home and using hardware or applications that include server capabilities for uses like multi-player gaming, video-conferencing, and home security.
• To generate or facilitate sending unsolicited bulk commercial email via the Services.
• To make the Services available to anyone outside the property to which the Services are delivered, to resell the Services directly or indirectly, or to create substitute or related services through the use of or access to the Services (for example, to provide Wi-Fi services to third parties outside of your residence).
• To interfere with the use of the Services or the equipment used to provide the Services by customers or other authorized users.
• To alter, disable, interfere with, or circumvent any aspect of the Services, including but not limited to security features of the Services.
• To cause interference, degrade our cable network’s signal quality or strength, or create signal leakage by tampering with or attaching anything to wiring or equipment installed by you or ezWave.

Your failure to comply with the AUP may result in suspension and/or termination of the Services.

ezWave reserves the right at any time to take action necessary to protect the integrity of its network and other parts of the Internet. This may include terminating or suspending service to subscribers who engage in activity that violates the ezWave Terms of Use, including but not limited to activity that threatens to undermine the integrity of ezWave’ network or services.

Resale and Redistribution

The Services are intended for the personal use of you and other occupants and guests within your residence. You agree not to resell or repackage the Services or otherwise make them available to anyone outside of your building.

For Commercial Customers, the Services are intended for the commercial use of you and other employees and guests within your business. You agree not to resell or repackage the Services or otherwise make them available to anyone outside of your building.

Security

You are responsible for implementing appropriate security measures when using the Services, including using secure transfer protocols (e.g., https) and taking whatever steps are necessary to ensure that your data is not accessed by unauthorized third parties. ezWave is not responsible for any damages to users of the Services that may be caused by unauthorized third parties. ezWave engages in network management practices intended to address threats to its network and subscribers. ezWave reserves the right at any time to take action that ezWave, in its sole discretion, deems necessary to protect the integrity of its network and other parts of the Internet. This may include terminating or suspending service to subscribers who engage in activity that violates these Terms or otherwise threatens to undermine the integrity of ezWave’ network or services. Please notify ezWave of any perceived network security or other Internet threats.

Privacy

ezWave takes your privacy seriously. You understand and agree that information provided to and collected by ezWave in connection with the Services is subject to the ezWave Privacy Policy.

Billing and Payment

You agree to pay any and all applicable taxes and fees for the Services you purchase, whether ordered by you, someone authorized by you, or someone with access to the Services pursuant to your ezWave account. ezWave will send all bills and other required notices by email to the address associated with your account. You may also access this information through your online ezWave account.

You agree to pay recurring monthly or annual service fees, plus any applicable taxes and fees, in advance on or before the first calendar day of each month in which you will receive the Services regardless of if an invoice or statement was received.

If full and satisfactory payment is not received prior to the seventh day of each calendar month, your account is considered past due, and will be subject to a flat-rate late payment fee $10.00.

If full and satisfactory payment is not received prior to the tenth day of each calendar month, your account is considered severely delinquent, and Services will be suspended until full and satisfactory payment is received.  YOU ARE NOT ELIGIBLE FOR SERVICE CREDITS FOR DURATION OF SUSPENDED SERVICE.  ezWave will not be held responsible for Services interruptions resulting from absent, delinquent, or lost payments.

If full and satisfactory payment is not received prior to the last day of the calendar month, your account is considered abandoned.  As such, you will be subject to the terms and conditions set forth in Changing and Canceling Services; Termination.

You can make payments via check, eCheck, and credit card. Credit card payments can be processed through the online portal or by calling (209) 490-000 as a One Time Payment or Autopay. You authorize ezWave to automatically collect payments of any and all taxes and fees associated with your use of the Services from your designated payment method. ezWave will email a bill to the email address associated with your account.

You agree that ezWave is not responsible for any third-party charges you may incur in connection with your credit card or other payment method. Returned checks and eChecks for insufficient funds are subject to a $35.00 fee per incident. You are responsible for all legal, collection, or other fees arising from ezWave’s efforts to collect any unpaid balance.

ezWave shall have the right, at any time, to increase the Services fees to reflect any additional or increased taxes, licenses, permits, ordinances, or fees which may be charged to ezWave by any utility or governmental agency relating to the distribution of Services and you agree to pay same.  In addition, ezWave may increase the Services fee, provided such increase does not exceed 10% of the monthly charge then in effect, by giving you thirty days prior notice.

Changing and Canceling Services; Termination

You may change or cancel the Services at any time, but you are required to permit and schedule the collection of the equipment. If you do not return this equipment, you will be required to pay a replacement fee.

To cancel ezWave service, you must inform ezWave of a disconnect date by using the ezwave.com portal or calling (209) 490-0000. If you request cancellation of all your Services, your Services will be available until the cancellation date you select; however, you will be billed for the full month. ezWave reserves the right to terminate some or all the Services it provides to you at any time, in its sole discretion, without notice.

Congestion Management

In the unlikely event that users’ aggregate demand exceeds the available capacity of the network and creates acute congestion, ezWave will employ various techniques to ensure that subscribers continue to have a positive experience. In times of acute congestion, ezWave Internet service bandwidth will be fairly allocated among subscribers without regard to the subscribers’ online activities or the protocols or applications that the subscribers are using. While acute congestion is occurring, subscribers will still be able to use the lawful content, services, and applications of their choice, but this fair sharing of bandwidth may result in slower download and upload speeds and slower response times from websites and Internet-based applications and services. ezWave will not engage in deep packet inspection (where the content of the data packet is inspected beyond its IP, TCP, and UDP headers) or drop specific types of end-user Internet traffic except as described herein to preserve the integrity of the network and protect against negative effects of Internet threats. ezWave does not prevent or impede the use of any other product or service that its subscribers choose to access over their ezWave Internet service as long as the use of that product or service does not violate these Terms. ezWave also does not favor or inhibit any applications or classes of applications except as described herein.

Service Offering Characteristics

The advertised speed of the subscriber’s chosen Services is the maximum speed expected to be achievable for that service offering. It is not a guarantee that subscribers will receive those speeds. Several factors may affect the actual speed of Services at any particular point in time. These factors include but are not limited to: the capability of the subscriber’s device used to access the network; the capability of the network between the subscriber’s device and ezWave; the capability of websites or other Internet services accessed by the subscriber; the connectivity and capacity of Content Delivery Networks (CDNs); the subscriber’s use of other Internet services; and network congestion/other Internet traffic. Bandwidth is provided on a per-subscriber basis. The subscriber’s bandwidth is shared by all connected devices within the subscriber’s premises.

Commitment to Online Safety

ezWave is committed to online safety for minors, and ezWave complies with all applicable laws related to protecting minors online. This includes reporting cases of child abuse or exploitation to the National Center for Missing and Exploited Children. You can access additional information about minors’ online safety by visiting www.ncmec.org.

Our Warranties and Disclaimers

We provide the Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about the Services. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR IN A SEPARATE AGREEMENT PROVIDED TO YOU BY EZWAVE OR AN AGENT THEREOF, NEITHER EZWAVE NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS.” SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

Liability for our Services

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF EZWAVE, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES. WE MAY PROVIDE ANY SUCH COMPENSATION IN THE FORM OF FUTURE SERVICES. IN ALL CASES, EZWAVE, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE. WHEN PERMITTED BY LAW, EZWAVE, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

Copyright Issues

We respond to notices of alleged copyright infringement and respond according to the process set out in the U.S. Digital Millennium Copyright Act, up to and including terminating users for repeat violations. If you think somebody is violating your copyrights and want to notify us, please contact us here: [email protected].

Third Party Beneficiaries

These terms control the relationship between ezWave and you. They do not create any third-party beneficiary rights.

Waiver and Severability

If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms.

Governing Law and Forum Selection

The laws of California, U.S.A., excluding California’s conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Services, unless California law is preempted by or inconsistent with federal law. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of San Joaquin County, California, USA, and you and ezWave consent to personal jurisdiction in those courts.

Additional Terms for Common Area Wi-Fi Service

By using the common area Wi-Fi service (“Service”), you agree to the ezWave Terms of Use as modified by these additional terms. Any references to “Services” in the ezWave Terms of Use will be deemed to include the Service. In the event any terms in the ezWave Terms of Use conflict with these additional terms, these additional terms will control.

Age Requirements

If you are under the age of 18 years old, you must have your parent or legal guardian’s permission to use the Service. Please have your parent or legal guardian read the terms with you. If you’re a parent or legal guardian, and you allow your child to use the Service, then these terms apply to you and you’re responsible for your child’s activity on the Service.