Internet Service Agreement
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Thank you for subscribing to Zirrus Internet Service. Please carefully read and review the terms and conditions of this Agreement before using the Service.
Your Internet Service Agreement (the "Agreement") includes the terms and conditions for products or services provided by Yadkin Valley Telecom, Inc. d/b/a Zirrus ("Zirrus", also "we" or "us") to the Subscriber ("you"). By activating, using, or paying for any Zirrus internet service, you accept and agree to be bound by this Agreement. This is a legal agreement between you, the Subscriber, and Zirrus for the use of the Service.
Internet service is provided on a month-to-month basis. Zirrus may increase or decrease the monthly fee at its discretion by giving you 30 days' notice. All other terms and conditions of this Agreement remain in effect.
Responsible Party / Account Security
"You" means the person or entity that is the customer of record. If you are signing on behalf of an entity, you represent that you are authorized to sign on its behalf, and you agree to be jointly responsible with the entity for payment of any sums that become due under, and to be bound by, this Agreement. You are responsible for any activity that occurs on or through your account. Zirrus does not guarantee the security of your Zirrus accounts, the internet, any third-party services you may choose to use or interact with through the services we provide, or any third-party devices or equipment you may use to access our services. You should keep account credentials and other sensitive information secure and notify Zirrus promptly of any suspected unauthorized use.
Service Availability / No Guaranteed Speed
Zirrus will use best commercial efforts to provide transmission speeds consistent with the selected plan (between the customer location and Zirrus's internet gateway). Actual throughput may vary based on factors such as internet congestion, destination, equipment, and interference. No minimum speed, uninterrupted service, or message delivery is guaranteed.
Customer Equipment / Security Practices
You are responsible for backing up your data. If the service requires a router or other equipment, whether provided by you or Zirrus, you are responsible for protecting that equipment (for example, with surge protection) and for maintaining reasonable security practices, including using current antivirus and firewall protections and exercising caution with unknown emails or downloads. Zirrus shall have no liability whatsoever for damage caused by viruses, malware or security breaches on your equipment.
Ownership / Copyright
Information available on the Internet is the property of its providers or other Internet users. You shall not redistribute, reproduce, or commercially exploit such information without the express written permission of its owner. You assume all risk and liability of your use of the Internet and such content.
Consent to Contact
To service your account, provide alerts, offer promotions, or collect any amounts you may owe, Zirrus may contact you by telephone or SMS at any number associated with your account (which may result in charges to you). Zirrus may also contact you by email using any email address you provide. Contact methods may include prerecorded or artificial voice messages and/or the use of an automatic dialing system, as applicable.
Arbitration / Class Action Waiver
By signing or accepting this Agreement, you consent to mandatory arbitration to resolve any and all disputes arising out of or relating to this Agreement or the Service. Each party will bear its own attorneys' fees and costs, except as otherwise provided by law. Any arbitration will take place on an individual basis only, without class, representative, or private attorney general proceedings. This arbitration/class action waiver provision survives termination or expiration of this Agreement.
Billing / Late Fees
Subscriber bills are generated monthly according to the applicable billing cycle. If you fail to satisfy the balance by the bill due date, Zirrus may assess a late fee equal to 1.5% of the past-due balance. Zirrus reserves the right to adjust or remove late fees.
Credit Reporting / Collections
By signing or accepting this Agreement, you give Zirrus permission to obtain your credit score to determine eligibility for service offerings, promotions, and/or financing arrangements. You also give Zirrus permission to report to credit bureaus. In the event of nonpayment, Zirrus may attempt collection of amounts owed, including through third-party collection agencies.
Cancellation / Termination
Either party may terminate this Agreement at any time. Zirrus may terminate this Agreement without notice if Zirrus ceases to provide service in your area. Zirrus may interrupt or terminate service without notice for conduct Zirrus believes violates this Agreement or your rate plan; for abusive or unreasonable behavior toward Zirrus representatives; if Zirrus discovers you are underage; for failure to make required payments when due; if Zirrus has reasonable cause to believe the service is being used for an unlawful purpose or in a way that may adversely affect Zirrus's service; or if you provided inaccurate credit information, or Zirrus believes your credit has deteriorated and you refuse a requested advance payment or deposit.
Charges After Cancellation / No Proration
You may cancel service by contacting Zirrus Customer Care (336-463-9522) or a local retail store. You remain responsible for all service fees and charges incurred. Unless required by applicable law, charges are not prorated; you are responsible for the full month's payment even if services are terminated mid-billing cycle.
Device Return Policy (Leased Smart WiFi)
If you leased a Smart WiFi device (router, access point, etc.) from Zirrus, the device must be returned within 30 days of cancelling service or an equipment fee of $199 per device will be applied to the Subscriber account. Devices with extensive damage are not eligible for return or exchange.
Customer Proprietary Network Information (CPNI)
Under federal law, customers have a right and Zirrus has a duty to protect the confidentiality of CPNI. CPNI includes information about the services a customer subscribes to, usage of those services, and related billing information. Zirrus will not sell your CPNI and will not disclose your CPNI to unaffiliated third parties unless required by law. To allow Zirrus to use your CPNI for its own marketing purposes across internal divisions, no further action is required.
CPNI Opt-Out
If you wish to disapprove of Zirrus's use of your CPNI to offer you additional services, you may notify Zirrus via email at cpni-opt-out@zirrus.com. If Zirrus does not receive notification within 30 days from the date of this Agreement, Zirrus will assume it has your approval to use your CPNI to offer you services that you may find beneficial. Your election will remain in effect until you change it (which you may do at any time without charge). Disapproving the use of CPNI for marketing purposes will not affect the provision of services to which you currently subscribe, and you may still receive marketing information developed without the use of your confidential information. To access Zirrus' Privacy Policy, visit www.zirrus.com.
Incorporated Policies / Order of Precedence
This Agreement incorporates Zirrus's Privacy Policy, Acceptable Use Policy, Network Management Policy, Transparency Disclosure, and your internet plan details, as each may be updated from time to time. In the event of a conflict between this Agreement and any incorporated policy, this Agreement controls. Zirrus may change, modify, add or remove portions of this agreement at any time. Please check Zirrus' website (www.zirrus.com) periodically for changes. Your continued use of the Service following any changes to the Agreement constitutes acceptance of those changes.
Governing Law
This Agreement, and any claims or disputes arising under it, will be governed by and construed in accordance with the laws of the State of North Carolina.