Internet Service Agreement

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.

Dispute Resolution and Arbitration; Class Action Waiver

PLEASE READ THE FOLLOWING SECTIONS CAREFULLY. THEY AFFECT YOUR LEGAL RIGHTS.

If you have any concerns or disputes about this Agreement, you agree to first try to resolve the dispute informally by contacting Us at 336-463-5022 or emailing Us at cstservice@zirrus.com.

Pre-Arbitration Claim Resolution. For all disputes you have with Zirrus, whether pursued in court or arbitration, you must first give the Company an opportunity to resolve the dispute. You must commence this process by mailing written notification to Zirrus; P.O. Box 368; Yadkinville, NC 27055; Attn: Customer Care. That written notification must include (1) your name, (2) your address, (3) a written description of the claim you are making, and (4) a description of the specific relief you seek. If the Company does not resolve the dispute to your satisfaction within forty-five (45) days after receipt of your written notification, you may pursue your dispute in arbitration. You may not commence arbitration proceedings until the forty-five (45) day post-notification period has elapsed. The notification requirement in this section is a precondition to any arbitration.

Arbitration Agreement, Class Action Waiver, Punitive Damages Waiver. If the dispute is not resolved within forty-five (45) days from receipt of the written notification, either party may then commence arbitration proceedings. Any claims arising out of, relating to, or connected with the provisions in this Agreement, that have not been resolved by pre-arbitration claim resolution as provided above, must be asserted individually in a binding arbitration to be administered by the American Arbitration Association ("AAA") in accordance with its Consumer-Related Disputes Supplementary Procedures. Any claims must be brought within two (2) years of the date the claim arose. The arbitrator's decision shall be controlled by the terms and conditions of these Terms and any of the other agreements referenced herein that the applicable user may have entered into in connection with this Agreement. The arbitrator shall apply applicable law and the provisions of this Agreement and any other applicable agreements, shall determine any dispute according to applicable law and facts based upon the record, and may not award any relief that a court could not award. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings, mass arbitration proceedings, or otherwise. You agree that, by entering into these Terms, you and the Company are each waiving the right to a trial by jury or to participate in a class action, mass action, or consolidated action. Notwithstanding the foregoing, either party may bring an individual action in small claims court, and either party may seek injunctive or other equitable relief in any court of competent jurisdiction for claims relating to intellectual property.

YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, MASS ACTION, OR CONSOLIDATED ACTION.

The provisions of this section shall extend to claims brought against any parent, subsidiary, affiliate, member, shareholder, agent, officer, manager, director, representative, heir, executor, successor, or assign of any party. All of the foregoing entities or persons shall be considered to be a party for purposes of this section. The provisions of this section are a material condition of these Terms, and the Federal Arbitration Act, 9 U.S.C. §§ 1–16, and not state law, shall govern the enforceability of this arbitration agreement. If any clause within this section (other than the class action waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this section and the remainder of this section will be given full force and effect. If the class action waiver clause is found to be illegal or unenforceable, the entire section will be unenforceable and the dispute will be decided by a court. The parties agree that any claim or right arising under or in connection with these Terms, including any dispute relating to the enforceability or applicability of this arbitration provision, class action waiver, or punitive damages waiver, shall survive the cancellation or termination of your participation in any of the Company's programs. To the fullest extent permitted by applicable law, you agree that you will not seek, and that the arbitrator may not award, punitive damages. If the preceding sentence is deemed unenforceable, the parties agree that any punitive damages award shall not exceed the amount of actual damages awarded.

Arbitration Procedures. Arbitration shall be administered by the AAA, under the AAA Consumer-Related Disputes Supplementary Procedures then in effect, by a single commercial arbitrator with substantial experience in resolving commercial contract disputes. The arbitration demand should be directed to: Zirrus; P.O. Box 368; Yadkinville, NC 27055; Attn: Customer Care. Judgment on the arbitration award may be entered in any court having jurisdiction. As a part of the arbitration, both you and the Company will have the opportunity for discovery of non-privileged information that is relevant to the claim. The arbitrator will honor claims of privilege recognized at law. In the event that the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse the Company for all fees associated with the arbitration paid by the Company that you otherwise would be obligated to pay under the AAA's rules. With the exception of the foregoing, all fees associated with arbitration will be borne in accordance with the AAA's applicable rules and fee schedules. The Company will consider any good-faith written request by you for the Company to bear the cost of any filing fee in the event that the arbitrator determines that you cannot afford to pay such fee. Each party shall be responsible for the costs of their own attorneys, if any.

Choice of Law. The Program is controlled and operated from Yadkinville, NC. These Terms shall be governed by and construed in accordance with the Federal Arbitration Act and applicable federal law. To the extent that state law applies, the laws of the State of North Carolina, without regard to conflict of laws principles, shall govern. To the extent that a claim is not subject to arbitration, such claim shall be submitted exclusively to the jurisdiction of the state and federal courts located in the State of North Carolina. By using the Services, you consent to the personal jurisdiction and venue of such courts and waive any objection to such jurisdiction or venue on the grounds of lack of personal jurisdiction, improper venue, or forum non conveniens.

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.