Internet Subscriber Agreement

ZoomOnline Internet Subscriber Agreement

Rev 1.5.20 – 10.20.2024

This Internet Subscriber Agreement (“Agreement”) is entered into by and between ZoomOnline (“ZoomOnline”) and the
individual or entity agreeing to these terms (“Subscriber”). By using ZoomOnline’s internet services, Subscriber
agrees to be bound by the terms and conditions outlined in this Agreement.

1. Definitions

Affiliate: Any entity that owns or is owned by, or is under common ownership with ZoomOnline.
Subscriber: Any individual who signs up for a service from ZoomOnline.
Taxes: Foreign, federal, state, and local taxes, other similar charges, and any other imposition that governmental entities or agencies may levy or assess, which ZoomOnline collects from the Subscriber and remits to such entities or agencies.
ZoomOnline-Supplied Equipment: Any equipment provided by ZoomOnline to the Subscriber for use in connection with the Services, including (without limitation) Optical Network Terminals (ONT), routers, modems, converters, and adapters. ZoomOnline remains the owner of ZoomOnline-Supplied Equipment.
Customer-Owned Equipment: Any hardware or software equipment or service owned and supplied by the Subscriber.
Dispute: Any dispute, claim, or controversy between you and ZoomOnline arising out of or relating to this Agreement, or the breach, termination, enforcement, interpretation, or validity thereof.
Services: All services you receive from us, including but not limited to internet, voice, video streaming, and associated products and features.
Service Equipment: The hardware, software, systems, cabling, and facilities provided by ZoomOnline at your site to make the Service available. ZoomOnline remains the owner of Service Equipment. Service Equipment does not include the Network or any hardware or software that is subject to a separate supply contract between the Subscriber and ZoomOnline.
Service Order: A request by the Subscriber for ZoomOnline to provide one or more Services on a ZoomOnline-designated subscriber form, either online through the ZoomOnline mobile application, over email, or via ZoomOnline’s website.
Tariff: A federal or state ZoomOnline tariff and the successor documents of general applicability that replace such tariff in the event of de-tariffing.
Interest or Late Fees: A fee (up to the maximum amount allowed by law) assessed each month in which any portion of the Subscriber’s payment is not received by or immediately available to ZoomOnline by the due date.
Product: Any product offered by ZoomOnline for Services, whether standalone or bundled with a value add-on product or Service.
Month: The period beginning on and including the first of each calendar month and ending on and including the last day of such calendar month.
Month to Month: The agreement will automatically renew on a monthly basis and may then be cancelled by providing ZoomOnline with a Cancellation Request via the customer portal or our Customer Service Team, with a calendar month notice prior to the date of the service you wish to cancel.
Force Majeure Event: An unforeseeable event beyond the reasonable control of a party, including without limitation: act of God; fire; flood; epidemics, pandemics, or outbreaks of communicable diseases; quarantines; national or regional emergencies; labor strike or unrest; sabotage; cable cuts; acts of terror; power shortage or failure (e.g., rolling blackouts); material shortages or unavailability or other delay in delivery not resulting from ZoomOnline’s failure to timely deliver on orders or services; lack of or delay in transportation; government codes, laws, regulations, ordinances, rules, or restrictions; war or civil disorder; or failures of suppliers of goods and services.

2. Service Description

ZoomOnline agrees to provide internet access services to the Subscriber as described in the selected product offering.
The nature and type of the services may vary based on the chosen product and applicable terms. The delivery of services
commences when we accept the Service Order electronically, verbally, or in writing, or begin providing the Services
described in the Service Order, whichever is earliest.

3. Subscriber Responsibilities

Compliance: The Subscriber agrees to comply with all applicable laws, regulations, and this Agreement while using ZoomOnline’s services.
Equipment: The Subscriber is responsible for obtaining and maintaining all necessary equipment for accessing ZoomOnline’s services. ZoomOnline is not responsible for any equipment not provided by ZoomOnline.

4. Charges, Fees and Payments

Billing: ZoomOnline will bill the Subscriber based on the selected product. Fees are subject to change on no less than one month’s notice to the Subscriber.
Payment: The Subscriber agrees to pay all fees associated with the selected product in a timely manner. Failure to make timely payments may result in interest/late fees, service suspension, or termination. To the fullest extent permitted by law, all amounts shall be paid free of exchange and without deduction or set-off. Where a service is suspended and needs reactivation, ZoomOnline may charge a reactivation fee.
Product Discount Promotions Rates: If the Subscriber receives a promotional or product discount rate, the Subscriber may cancel the Service at any time prior to the end of the promotional period through the ZoomOnline mobile application, ZoomOnline Portal, or by contacting Customer Service. Once the promotional period expires, standard charges apply unless you terminate such Services.
Billing Errors: Disputes concerning the Subscriber’s bill may be directed to ZoomOnline by telephone or email at [email protected]. The Subscriber must pay the undisputed portion of the bill. Services will not be disconnected for non-payment of the disputed amount. A late fee may be charged on any outstanding undisputed balance after the due date indicated on your billing statement. Billing errors must be reported within thirty (30) calendar days of receipt of the monthly bill; otherwise, the Subscriber waives any right to a refund or credit.
Credit Card Payments: By providing a credit card number, the Subscriber authorizes ZoomOnline to charge the card for all charges generated under this Agreement. The Subscriber must keep credit card information current.

5. Term and Termination

The term of this Agreement begins upon activation of services and continues until terminated by either party.
To downgrade any Service package (changing your existing package to a lower-cost package), you must provide 1 full calendar month’s notice, otherwise you will be charged the existing product package.
1. Any request to downgrade received on or before the 20th of the month may be accepted by ZoomOnline and the Customer’s billing for the new month will be at the lower/downgrade plan.
2. Any request to downgrade received after the 20th of the month will be processed in the next month’s billing cycle, adhering to the 1 full calendar month notice.
All cancellations must be processed via the ZoomOnline portal using your login credentials: https://portal.zoomonline.com. Operations will process your request and email confirmation of the cancellation acceptance. You may also contact Customer Service for assistance.
1. The Customer must return any equipment to ZoomOnline within 30 days after cancellation of their service.
2. If the Customer fails to return equipment, the Customer agrees to ZoomOnline billing fees equal to the equipment value:
  - ONT Value = $250.00
  - Router = $150.00
  - Wi-Fi Range Extender = $100 per device
  The aforementioned fees are subject to an annual adjustment on the anniversary of the commencement date, based on the greater of: (a) the percentage increase in the Consumer Price Index (CPI) over the preceding 12-month period; or (b) any increase in charges imposed on us by suppliers directly related to the services provided under this Agreement. In the event of an increase in supplier charges, we will notify you in writing, and the adjustment will take effect from the date specified in the notice, but no earlier than 30 days from the notice date.
If a Customer cancels service and requests re-activation, ZoomOnline may charge a reactivation fee.
Either party may terminate this Agreement for cause upon written notice if the other party breaches any material term or condition.
Immediate termination by notice if the other party has committed a material breach which is incapable of remedy.
Immediate termination by notice if the other party has committed a material breach capable of remedy but fails to remedy within 5 Business Days of notice.
Immediate termination by notice if, in relation to that Service, a Force Majeure Event subsists for a continuous period exceeding 2 months.
ZoomOnline may terminate the Agreement (or a specific Service Order) immediately by notice if the Service provided for home/personal use is being utilized for other or business purposes.
Certain Services, like ZoomOnline’s unlimited voice calling offering, are solely for personal use. Usage for any other purpose is a material breach; ZoomOnline may cancel the Agreement, suspend Services, and seek remedies.
If ZoomOnline reasonably believes there’s a violation of its Acceptable Use/AUP Policies, ZoomOnline may require remedy; in the event of a public law/regulatory violation or imminent network threat, immediately; in all other cases, within 48 hours. Failure to remedy (or repeated violations) may result in immediate termination.
ZoomOnline may terminate the Agreement (or the relevant Service Order) without notice if the Subscriber fails to make any payment within 30 days of the amount becoming due.
Upon termination, any accrued charges not yet invoiced become due and payable immediately on receipt of an invoice.
If an Order is cancelled by the Subscriber before installation, the Subscriber may be liable for installation charges if work was carried out and costs incurred.

6. Use of Service

The Subscriber shall use ZoomOnline’s services solely for lawful and appropriate purposes. Any unauthorized use or violation of this Agreement is strictly prohibited.

7. Service Delivery

ZoomOnline will make reasonable efforts to provide continuous and reliable internet services. However, the Subscriber
acknowledges that services may be subject to occasional disruptions, maintenance, or technical issues. Services are
provided “as is” and “as available,” without warranty that they will at all times be fully available or fit for a
particular purpose.

ZoomOnline will use best efforts to notify customers in advance of maintenance/repairs that may cause unavailability, but cannot always guarantee advance notice.

ZoomOnline’s Internet Service has dependencies that may be outside ZoomOnline’s control. These include, without limitation:

Service Level Limits. Each Service level has a maximum throughput rate. ZoomOnline can set or change this rate and may add terms to address usage inconsistent with the resulting Service level.
Throughput Rates. Throughput is tested to the Subscriber site. The Subscriber may not receive maximum speeds at all times. Throughput is affected by factors including Internet protocols, condition/configuration of equipment, Wi-Fi use (which can significantly limit throughput), data volume and Internet congestion, and performance of destination servers.
The Subscriber’s Transmissions. If the Subscriber sends or posts content through the Service, the Subscriber is responsible for the content and confirms all necessary rights. The Subscriber grants ZoomOnline the rights needed to complete the transmission or posting. If the transmission or content violates published policies, ZoomOnline may block access or cancel the account.
Use of the Service does not give the Subscriber ownership or rights in any IP/email/Internet addresses provided. Upon termination, ZoomOnline may permanently delete or remove information associated with the Subscriber’s account.

ZoomOnline Voice Calling — 7. 911 Information

Address Linkage: The device provided for Voice Calling is linked to the Subscriber’s service address. The Subscriber must provide the correct site address to ensure proper 911 routing.
Address Updates: Moving the device to a new address requires ZoomOnline approval. Unauthorized moves may prevent emergency personnel from locating the Subscriber.
Processing Time: Updating the 911 database with the correct address may take several business days from signup.

8. Home Security and Medical Monitoring

Compatibility: Voice Calling may not be compatible with certain home security systems or medical monitoring devices.
Subscriber Responsibility: If the Subscriber intends to use Voice Calling with third-party systems, the Subscriber is responsible for ensuring compatibility and covering associated costs. Testing is recommended.

9. Battery Backup

Power Interruption: Voice Calling requires electrical power at the Subscriber’s site. During power outages, the Subscriber may lose the ability to make/receive calls, use 911, or access security/medical monitoring services.
Responsibility: The Subscriber is solely responsible for purchasing a UPS/battery backup. A backup does not guarantee uninterrupted service during outages.
Limitations: Backup options support phones directly plugged into the ZoomOnline ONT. Cordless/wireless phones not directly connected to the ONT will not be powered and may not operate during outages.

8. Service Equipment

Service Equipment is provisioned with a standard configuration in/around the Subscriber’s site for the ordered Service.
If Service Equipment fails, ZoomOnline will repair or replace (at its discretion) where covered by the OEM warranty. Replaced equipment must be returned to ZoomOnline.
The Subscriber is liable for costs due to repair/replacement where failure was caused by Subscriber use, misuse, or changes to Service Equipment (unless previously agreed in writing by ZoomOnline).
The Subscriber is liable for damage or loss of optical network equipment (router/ONT/CPE); costs will be billed to the Subscriber.
The Subscriber agrees not to modify or move any Service without prior authorization. If equipment is damaged due to Subscriber negligence, replacement costs apply.
The Subscriber is responsible for confirming equipment is installed correctly, operational, and for maintaining Subscriber-owned equipment used with the Services, including technical/operational compatibility.
Fiber installed or provided by ZoomOnline will remain connected on the premises during the Service term. ZoomOnline/affiliates may require access for installation and ongoing maintenance.

9. ZoomOnline Telephone and Email Contact Consent

ZoomOnline may initiate contact regarding accounts, inquiries, service requests, or marketing of products/services.
By providing a number, the Subscriber certifies authorization for ZoomOnline to contact at any provided number, including residential, cellular, or other wireless devices.
ZoomOnline may use auto-dialing systems, artificial/pre-recorded messages, and/or automated texts. Opt out anytime via 1 (833) 948-6296 or [email protected].
For quality assurance and lawful purposes, the Subscriber consents to monitoring/recording of telephone conversations.
Authorization is given for ZoomOnline to deliver disclosures, notices, and communications (including promotions) electronically.
Communications will be delivered via email to provided addresses. The Subscriber is responsible for any charges by wireless/mobile providers.
Unsubscribe from promotional emails by clicking “unsubscribe.”

10. Moves

If the Subscriber moves (including within the same building/apartment/condo), the Subscriber is not guaranteed the same Service or any Service at the new location. The Subscriber must reapply, and new Service fees may apply.

11. Privacy and Data Security

ZoomOnline respects the Subscriber’s privacy. ZoomOnline’s privacy policy outlines how the Subscriber’s information is collected, used, and protected. By using the Services, the Subscriber agrees to ZoomOnline’s privacy policy.

12. Limitation of Liability

ZoomOnline and/or its affiliates shall not be liable for any direct, indirect, incidental, consequential, or special damages arising out of or connected with use of its Services.

Without limiting the generality of the foregoing, ZoomOnline shall not be liable for, and the customer will have no claim against ZoomOnline as a result of:

Any unavailability of, or interruption in, the Services due to:
1. An uncontrolled event;
2. Failure to supply or deliver equipment/services on the required date and/or time; and/or
3. The Customer’s use of any equipment supplied to them.
Any damage, loss, cost, or claim suffered/incurred from any suspension or termination of the Services for reasons contemplated in the Agreement.
If liability is nevertheless attributed to ZoomOnline and/or its affiliates, their cumulative maximum liability for all claims, irrespective of cause, is limited to one month’s subscription payable under this Agreement.

13. General

If changes to any third-party supplier agreement impact provision of Services/products, ZoomOnline may amend terms/fees/charges on 30 days’ notice. The amendment takes effect on the date indicated in the notice.
The Subscriber unconditionally and irrevocably indemnifies ZoomOnline against all loss, damages, claims, liability, and/or costs suffered/incurred by ZoomOnline due to any third-party claim (other than the Subscriber) arising from, without limitation:
1. Use of ZoomOnline Services/products other than as allowed/prescribed in the Agreement; and/or
2. Any other cause relating to the Agreement or provision of Services/products to the customer where the customer acted wrongfully or failed to act when there was a duty to act.
To the fullest extent possible, the Subscriber disclaims all responsibility/liability for any damages or loss (including direct, economic, consequential or loss of profits) resulting from use or inability to use the Services or reliance on the Services.
The Subscriber agrees to indemnify and hold harmless ZoomOnline, its members, employees, servants, subcontractors, and partners from any demand, action, or other proceedings (including attorneys’ fees and related costs) by any third party arising out of or in connection with this Agreement and/or inability of any user to use the Services.
The Subscriber acknowledges responsibility for their own internet security and privacy. Subscribers are strongly advised to install firewalls and anti-virus software.

14. Governing Law

This Agreement is governed by, and construed in accordance with, the laws of the state in which ZoomOnline provides services.

15. Amendments

ZoomOnline may amend this Agreement at any time. Amendments are effective upon posting; continued use of the Services after modifications constitutes acceptance.

16. Contact Information

For questions or concerns regarding this Agreement, please contact ZoomOnline through the designated channels on our official website.

By using ZoomOnline’s internet services, the Subscriber acknowledges that they have read, understood, and agreed to the terms and conditions in this Agreement.