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This document contains a section dedicated to Californian consumers and their privacy rights.

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Policy Summary

zaBYTE NETWORK LLC PRIVACY POLICY

AND YOUR CALIFORNIA PRIVACY RIGHTS

Effective Date: July 1, 2021

zaBYTE Network LLC (“zaBYTE,” “us,” “we,” or “our”) values the privacy and security of customer Personal Information. This Privacy Policy describes the types of customer Personal Information zaBYTE or our Operational Service Providers collect, use, disclose, retain, secure and dispose. This Privacy Policy applies to visitors and users of zaBYTE’s website (“Site”), mobile applications (“Apps”), and potential customers, current and former residential and commercial/business Customers of zaBYTE’s high speed internet access services (individually, a “Service” and collectively, “Services”). For the purposes of this Privacy Policy, all such visitors, users, prospective residential and commercial/business customers, current and former residential and commercial/business customers are collectively, “Customers” “you,” or “your.” Any other capitalized terms not defined herein shall have the same meaning as defined in zaBYTE’s Terms of Service Agreement (“Service Agreement”).

Operational Service Providers are trusted third parties that support zaBYTE’s Services with technology, equipment and/or internal operational services, such as billing and regulatory deployment reporting. Operational Service Providers that zaBYTE contracts with as processors of Customer Personal Information also qualify as “Service Providers” as defined by California law. Additionally, zaBYTE does not disclose your Personal Information with third parties for marketing or advertising purposes. Therefore, zaBYTE does not “sell” Customer Personal Information as defined in California law.

Additionally, zaBYTE is classified as a small business under the California Consumer Protection Act (CCPA) and the California Privacy Rights Act (CPRA), and therefore is not subject to the requirements of those laws. Nonetheless, this Privacy Policy provides Customers with information on the Personal Information collected and used by zaBYTE and when such Personal Information is lawfully disclosed to third parties. Also, as a courtesy to its Customers, zaBYTE will honor a Customer’s right to opt-out of first party marketing (we do not engage in third party marketing) and to delete certain Personal Information. Customers understand, acknowledge and agree that zaBYTE will not delete Personal Information needed to complete the transaction for which it was collected; to comply with legal and regulatory obligations (such as record retention requirements); to protect against malicious, deceptive, fraudulent, or illegal activity; or to identify and repair errors that impair existing and intended functionality.

By using zaBYTE’s Site, Apps and Services, Customers consent to the data practices described in this Privacy Policy regarding the collection, use, disclosure, retention and disposal of Personal Information. zaBYTE’s Site, Apps and Services are designed and targeted to United States audiences and are governed by and operated in accordance with the laws of the U.S. If Customer is not a U.S. citizen or does not reside in the U.S., Customer voluntarily consents to the collection, transfer, use, disclosure and retention of Customer Personal Information in the U.S. Customer also agrees to waive any claims that may arise under Customer’s own national laws.

1. YOUR CALIFORNIA PRIVACY RIGHTS UNDER THE SHINE THE LIGHT ACT

Generally, California residents are entitled by law to ask zaBYTE for a notice identifying the categories of Personal Information that zaBYTE shares with third parties for their marketing purposes the preceding year and provide contact information for such third parties unless zaBYTE meets certain exceptions in the law. This Privacy Policy and Site meet those exceptions. Additionally, zaBYTE does not have Affiliates and does not share Customer Information to third parties for their own marketing purposes. Therefore, a Customer residing in California with an established business relationship with zaBYTE, does not need information about zaBYTE’s opt-out and opt-in policies of sharing Customer Personal Information with other companies (including our Affiliates) for their marketing purposes. If you have questions regarding our policy, Customers residing in California must send a written request via email or postal mail following the instructions below. zaBYTE will not accept requests via the telephone or facsimile or respond to requests that are not labeled or sent properly, or do not have complete information.

Attention: Your California Privacy Rights

2. GENERAL INFORMATION

When Customer uses zaBYTE’s Site, Services or Apps, the Personal Information sent and received will be transmitted using wireless, fiber, coaxial cable and/or satellite technology, and could be subject to interception by unauthorized third parties. While it is zaBYTE’s objective to take reasonable security measures to reduce the risk that unauthorized third parties will intercept any Personal Information, zaBYTE cannot and does not make any guarantee that transmissions via its Site, Services and Apps are 100% secure or error-free.

zaBYTE does not knowingly collect, solicit or use Personal Information from anyone under the age of 16. If Customer is under age 16, please do not attempt to register for the Site, Services or Apps or voluntarily submit any Personal Information about yourself to zaBYTE. If zaBYTE learns that Personal Information from a child under age 16 has been collected, zaBYTE will delete that information as quickly as possible to the extent technically feasible. If Customer believes that its child under age 16 may have provided Personal Information to us, please contact zaBYTE at privacy@zabyte.net.

2. WHAT TYPES OF INFORMATION DO WE COLLECT AND HOW DO WE USE THIS INFORMATION?

Generally, Personal Information is information Customer provides to zaBYTE directly or passively through Customer’s use of the Site, Services and/or Apps, our social media platforms, via telephone or in person that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. For the purposes of this Privacy Policy, we also define Personal Information to include such information related to our commercial/business Customers and their end users.

The following are the different ways and the reasons zaBYTE collects Personal Information:

ZaBYTE does not collect Customer billing information (such as credit card account number or other financial account information). Billing information is collected and processed by an independent thirdparty payment processor, in which Customers will have a relationship with directly. Billing information will not be shared with zaBYTE. Customers understand, acknowledge and agree that they are governed by the payment processor’s privacy policy.

Some forms of information as described below will be classified as Personal Information if required by applicable law or when such information is directly associated with or reasonably linked to a specific person, computer or device, or is combined with other forms of Personal Information. Please see below for details.

When Customers visit zaBYTE’s Site, zaBYTE will passively collect information on server logs from Customer’s browser or device, which may include Customer IP address or other unique device identifiers, “cookie” or other tracking information, the type of browser and/or device you’re using to access the Service, and the page or feature Customer requested. zaBYTE uses this information to gather statistics about usage and effectiveness of our webpages, analyze our performance, personalize your experience, and tailor our interactions with you. We do so through the use of various technologies, including cookies and web beacons. https://zabyte.net/policy-cookies

Technology is improving every day and to improve the operations and functions of zaBYTE’s Site, Services, and Apps, thus Customer understands, acknowledges and agrees that zaBYTE may introduce new technologies and monitoring techniques without advance notice or consent from Customer. zaBYTE may also use third party Operational Service Providers to conduct such internal analyses.

zaBYTE retains this Network Information for no longer than thirty (30) days, unless otherwise required by law or for legal or regulatory purposes. zaBYTE may also aggregate Network Information from multiple Customers and will share such aggregated information about the overall performance of our Site, Services, Apps and the zaBYTE Network with third parties such as our Operational Service Providers and state and federal regulatory agencies to report on Network performance. Aggregated information does not identify a specific individual, computer or device and therefore, is not classified as Personal Information.

zaBYTE reserves the right to, and may, monitor, access, review and preserve any Network Information and/or content in the following situations: https://zabyte.net/policy-Network

3. IS CUSTOMER PERSONAL INFORMATION USED FOR MARKETING AND ADVERTISING PURPOSES?

zaBYTE will not disclose your Personal Information to third parties for their own marketing or advertising purposes. zaBYTE will use Customer’s email address, postal address, or telephone number (for voice, texts, automated and pre-recorded/artificial voice calls) and information about a Customer’s current Services to send marketing and advertising messages regarding our Services and Site that will keep Customers informed about related products and services that will best meet a Customer’s future needs. This is called “First Party Advertising,” which is advertising or marketing that is customized or personalized based on a history of Customer’s use of our Site or Services. First Party Advertising is based solely on a combination of information zaBYTE collects from Customer – not from Customer’s visits to other websites across the Internet. We may also serve “Contextual Advertising,” which is advertising based on the subject matter or the content of a specific website page visited by a Customer. Customer may opt-out of First Party Advertising but not Contextual Advertising. No Personal Information is used to deliver Contextual Advertising; it automatically will appear based on the context of the content or webpage Customer is viewing. And Customer will continue to receive general advertising if Customer opts-out of First Party Advertising, it will not be customized or personalized for Customer. (Please see Section 7 below for Customer opt-out instructions.)

zaBYTE does not provide third party “Network Advertising,” which is advertising based on Customer’s overall Internet usage across different third-party websites or online services. Multiple third-party websites and online services are involved in this tailored or personalized advertising process, in essence a “network” of advertising providers. Because zaBYTE does not provide network ads, zaBYTE does not recognize the “Do Not Track” settings on various internet browsers. zaBYTE does not engage or allow third parties to track you across the Internet and across time for advertising purposes.

4. LINKS TO THIRD PARTY WEBSITES AND SERVICES

The zaBYTE Site and/or our Facebook Pages (or other social media platforms) may contain a variety of content and functionality and may provide links to other third-party websites or online services. Despite such links, this Privacy Policy applies only to zaBYTE. The presence of a link does not constitute or imply zaBYTE’s endorsement, recommendation, or sponsorship of the content, goods, services, business or privacy practices on such websites or online services. zaBYTE encourages Customers to be aware and informed when Customers leave zaBYTE’s Site and zaBYTE’s Facebook Pages, or any other social media platforms. If Customer clicks on a link to a third-party website or service, such third party may also transmit cookies to Customer or use web beacons. This Privacy Policy does not cover the use of cookies or other such tracking technology by any third parties, and zaBYTE is not responsible for their privacy policies and practices.

5. DO WE DISCLOSE CUSTOMER PERSONAL INFORMATION TO THIRD PARTIES?

Customer’s Personal Information will only be disclosed to third parties and Operational Service Providers) as listed in this Privacy Policy, if zaBYTE has received your consent at the time zaBYTE collects your Personal Information or prior to the disclosure of any Personal Information. zaBYTE reserves the right to fully use, disclose and process any non-Personal Information collected from Customer in any manner as well as any information Customer makes public via the Site, App, Services or social media platforms.

6. HOW DO WE PROTECT CUSTOMER PERSONAL INFORMATION?

zaBYTE endeavors to protect the privacy of Customer’s account and other Personal Information using reasonable administrative, technical and physical security measures. However, zaBYTE cannot and do not guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of Personal Information at any time.

Additionally, if Customer contacts zaBYTE via the Site, telephone or in person, zaBYTE will ask Customer for verification of Customer’s identification and account. Customers seeking access to Personal Information over the telephone must first provide zaBYTE with a password that was assigned or created without the use of any readily available biographical information. If Customer is unable to provide the correct password, zaBYTE may still disclose Personal Information, but must provide the information only by sending it to Customer’s physical address on file or by calling Customer on the telephone number on file. zaBYTE may discuss Personal Information with a Customer without a password on a Customer-initiated phone call, but only if Customer discloses call detail information unprompted and without zaBYTE Networks’ assistance. Customers may access Personal Information in-person at an ZaBYTE office; however, Customers are required to provide a valid photo ID before zaBYTE may disclose Personal Information.

zaBYTE will not send an email or text, nor should Customer respond to any email or text communications asking for any sensitive or confidential Personal Information, such as social security number, bank account or credit card account number, or a driver’s license number. If Customer receives an email or text requesting any such information from zaBYTE or someone that claims they are with zaBYTE please contact our Privacy Administrator immediately privacy@zabyte.net.

For zaBYTE’s IT Support Services as detailed in our Services Agreement, the code that allows zaBYTE to access Customer’s computer desktop to help your resolve technical problems is limited only for that specific session. zaBYTE does not access Customer’s Computer without Customer’s knowledge, affirmative consent and involvement.

7. WHAT DISCLOSURE AND OPT-OUT/OPT-IN CHOICES DO CUSTOMERS HAVE?

Customers can choose not to disclose any Personal Information to zaBYTE; however, certain Personal Information is necessary for zaBYTE to provide, maintain and bill for the Services to Customer. Here are additional choices:

Customers must contact zaBYTE via email privacy@zabyte.net or via our Site to opt-out of allowable categories listed above and follow our procedures for such requests as provided for at https://zabyte.net/policy-cookies. Please tell us specifically what category(s) you wish to opt-out of.

8. WHAT PERSONAL INFORMATION CAN CUSTOMERS ACCESS, MODIFY AND/OR DELETE?

Generally, Customer may access the following Personal Information in Customer’s account:

• Full name

• Username and password

• Email address

• Telephone number; and

• Billing and Service address

• Account and billing information

By contacting zaBYTE at privacy@zabyte.net or through any online access portal, zaBYTE may enable Customers to view, access and modify Customer account settings, and in some cases, edit or delete the Personal Information listed above. Customers must follow our procedures for such requests as provided for at https://zabyte.net/policy-cookies.

ZaBYTE will retain historic email, billing and/or Service addresses for security and verification purposes and Customers may not delete such information even after the subscription expires or terminates.

Existing Customers may not delete any Personal Information because such information is necessary to provide and bill for the Services; Customers may only update or modify the following Personal Information: Full name, Username and password, email address, telephone number; and billing and service address.

zaBYTE may use any aggregated data derived from Customer’s Personal Information but not in a manner that would identify Customer personally. zaBYTE may also maintain Personal Information regarding Customer and Customer’s use of the Service after Customer is no longer a zaBYTE customer as required by zaBYTE’s business practices, by law, and/or tax reporting purposes. The information Customer can view, update, and delete may also change if required by law. If Customer has any questions about viewing or updating information zaBYTE has on file about Customer, please contact zaBYTE at privacy@zabyte.net.

9. WILL THIS PRIVACY POLICY EVER CHANGE?

Yes, zaBYTE is constantly working to improve the Service, and zaBYTE will need to update this Privacy Policy from time to time as zaBYTE’s business practices change and service offerings increase, and/or there are changes in local, state or federal laws. Additionally, zaBYTE will also make stylistic, organizational and/or grammatical changes to present zaBYTE privacy practices in a user friendly, easy to read manner. zaBYTE will alert Customers to any such changes by placing a notice on zaBYTE’s Site and App with the effective date of the revised Privacy Policy, and/or by sending Customers an email, or by some other means to the extent required by law. Please note that if Customers have not provided zaBYTE with Customer’s email address or Customer has not updated Customer contact information, those legal notices will still govern Customer use of the Service, and Customer is still responsible for reading and understanding all notices posted on zaBYTE’s Site. Customer’s continued use of the Services, Apps or Site after notice of any changes have been provided will indicate Customer’s acceptance of such changes, except where further steps are required by applicable law.

Use of Customer Personal Information is primarily governed by the Privacy Policy in effect at the time Customer subscribed to the Service or visited the zaBYTE Site, subject to any amendments zaBYTE will make from time to time. If zaBYTE elects to collect, use or to disclose Customer Personal Information that is materially different than stated in the Privacy Policy in effect at the time Customer subscribed to the Service (or later amended), or when Customer visited the zaBYTE Site, zaBYTE will provide Customer with an opportunity to consent to such use or disclosure. Depending on the circumstances, that consent may include an opt-out.

10. WHAT IF YOU HAVE QUESTIONS OR COMMENTS ABOUT THIS PRIVACY POLICY?

If you have any questions or concerns regarding zaBYTE’s privacy practices and policies, please contact zaBYTE at privacy@zabyte.net.

© Copyright 2021, zaBYTE Network LLC- All Rights Reserved.

Acceptable Use Policy

 

zaBYTE ACCEPTABLE USE AND

PROHIBITED INTERNET SERVICE ACTIVITIES POLICY

By subscribing to any residential or business/commercial broadband Internet service (collectively, the “Services” and individually, a “Service”) provided by zaBYTE LLC, Customer agrees not to use the Services for any unlawful purpose and to comply with all policies and terms of this Acceptable Use and Prohibited Internet Service Activities (the “AUP” or “Policy”). This Policy, including its use restrictions, is in addition to the restrictions contained in zaBYTE Terms of Service Agreement (“Agreement”), which Customer previously entered into with zaBYTE. This Policy has been incorporated by reference into the Agreement. Any capitalized terms used herein shall have the same meaning as defined in the Agreement.

Customer understands, acknowledges and agrees that zaBYTE reserves the right to reclassify any Service to a higher grade or to immediately suspend or terminate any Service without prior notice for Customer’s failure to comply with any portion of this Policy or Agreement. (Please see the Agreement for details on the suspension and termination policy.) Any violation of this Policy and Service Agreement may also lead to prosecution under State and/or Federal law. zaBYTE will also provide information in response to law enforcement requests, subpoenas, court orders, to protect its rights and property, and in the case where failure to disclose the information may lead to imminent harm to a Customer or others.

(a) “Acceptable use” is hereby defined as the normal activities associated with the Customer’s use of the Internet and zaBYTE’s Services, including without limitation to usage of the zaBYTE’s Network and any other facilities for accessing the World Wide Web, Internet Relay Chat, USENET Newsgroups, Email, and other Internet features. Depending on the account type, this may include: File storage on zaBYTE’s servers for Customer’s account and file access area (FTP), etc. Customer’s acceptable use of the Services will depend on whether Customer requests the Services for residential or business/commercial purposes.

(i) Residential Service includes all Services designated for personal, family and household use within a Single Home. Customer shall not use, or allow others to use, the Service to operate any type of business or commercial enterprise, including, but not limited to, IP address translation or similar facilities intended to provide additional access. Customer shall not advertise that the Service is available for use by third parties or unauthorized users. Customer shall not resell or redistribute, or allow others to resell or redistribute, access to the Service in any manner, including, but not limited to, wireless technology.

(ii) Business/Commercial Service includes all Services designed for use by a business, governmental, educational, institutional or other commercial entity, or by an individual, in providing goods or services for sale or lease or operating a commercial enterprise. Customer shall not advertise that the Service is available for use by third parties or unauthorized users. Customer shall not resell or redistribute, or allow others to resell or redistribute, access to the Service in any manner, including, but not limited to, wireless technology.

“General Prohibited Activities for All Services” specifically include without limitation the following:

(i) Misuse of Services – Customer is responsible for any misuse of the Services, regardless of whether the inappropriate activity was committed by an invitee, licensee, agent, servant, guest, patron, employee or any other person who gains access to the Services. Therefore, Customer is responsible to take steps to ensure that others do not gain unauthorized access to the Services, for instance by strictly maintaining the confidentiality of Customer’s passwords or by appropriately protecting the use of Customer’s computer, network or any wireless devices. Customer is solely responsible for the security of any device Customer choose to connect to the Services, including any data stored on that device.

(ii) Prohibited and Objectionable Use and Content – (i) any use that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy or other rights, or otherwise objectionable in zaBYTE’s sole discretion; (ii) any use in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages not in compliance with the federal CAN-SPAM Act or the Telephone Consumer Protection Act and state laws(commercial or otherwise); (iii) publishing, distributing, or disseminating any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful material or information; (iv) advertising, soliciting, selling or buying, or attempting to buy and sell any goods for any non-personal or household purposes for residential Services; (v) harvesting or otherwise collecting information about others, including email addresses or telephone numbers, without their consent; (vi) creating a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message or call; (vii) transmitting or uploading any material that contains viruses, Trojan horses, worms, time bombs, cancel bots, or any other harmful or deleterious programs or software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless Customer owns or controls the rights thereto or have received all necessary consents; (viii) interfering with or disrupting networks connected to the Services or violate the regulations, policies or procedures of such networks; and (ix) attempting to gain unauthorized access to the Services, other accounts, computer systems, devices, or networks connected to the Service, through password mining or any other means; host any type of publicly accessible file sharing, gaming, or email server including, but not limited to HTTP, FTP, SMTP, POP3, and Peer-to-Peer; interfere with another customer or user’s use and enjoyment of the Services.

(iii) Excessive Utilization of Network or System Resources – The excessive use or abuse the zaBYTE Network or system resources by Customer may have a negative impact on all other Customers. Accordingly, Customer may not use the Service or take any action, directly or indirectly, that will result in excessive consumption or utilization of the system or network resources, or which may weaken network performance, as determined in zaBYTE’s sole discretion. Such prohibited actions include but are not limited to using the Service to host a web server site which attracts excessive traffic at Customer’s location, continuously uploading or downloading streaming video or audio, USENET hosting, or continuous File Transfer Protocol (“FTP”) uploading or downloading and continued use of programs or commands which take a large amount of system resources, be that processor time, memory, network bandwidth, and/or drive space on the host system.

“Prohibited Internet Service Activities” specifically include without limitation the following:

Background and/or server-type applications – Including without limitation to IRC bots, HTTP servers, MUDs, and any other harmful process which were initiated by the Customer that continues execution on the system upon Customer logout. FCC authorized smart home systems and IoT devices are excluded from this prohibition.

Long-term storage of data – Long-term storage of data is referred to as the storage of files which are not used regularly in an account for an extended period of time. This specifically includes, without limitation, programs such as shareware programs which the Customer may download to their account for purposes of transferring to their home computer(s)/device(s). Such programs should be removed at such time as they are successfully transferred to the Customer’s personal system. FCC authorized smart home systems and IoT devices are excluded from this prohibition.

Flooding or abuse of other users – Flooding is a fairly common occurrence on the Internet, and one which is dealt with strictly by zaBYTE. Flooding takes place in numerous ways, including, without limitation, ICMP flooding, mail bombing (sending large amounts of email repeatedly to a person for purposes of harassment), phishing, mass mailings to multiple addresses via bulk email not in compliance with the federal CAN-SPAM Act and Telephone Consumer Protection Act, MSG/CTCP flooding on IRC, as well as other, less common methods. “Bulk Email” is defined as the same or similar email messages sent to more than twenty-five (25) recipients.

Attempts to compromise system and/or network security – Programs such as packet sniffers, password crack programs, and similar utilities found to be running from Customer’s account are prohibited. This also includes attempts to hack into non- zaBYTE systems.

Sharing of accounts – Sharing Customer’s Internet Services with another party for purposes of avoiding payment for a second Service is strictly prohibited. Customer may connect multiple computers/devices within a single location to Customer’s modem, router, and/or radio to access the Internet Service, but only through a single zaBYTE -issued IP address.

Bulk broadcast data – This includes flood pinging, broadcast pinging, multicast, or IGMP use outside of the private network.

Port scanning – Use of any application, software, or technique to scan any host’s ports.

Excessive use of system resources – This includes without limitation the continued use of programs or commands which take a large amount of system resources, be that processor time, memory, network bandwidth, and/or drive space on the host system.

Email abuse – Email abuse typically comes in one of three forms, the transfer of a message to unsolicited individuals not in compliance with the CAN-SPAM Act, the sending of harassing and/or threatening messages to other users, and the forging of email addresses so as to make the email appear to be from another user.

USENET news abuse – Similar to email abuse, includes forging of addresses, harassment/threats, the posting of the same message to multiple newsgroups (spamming), as well as the posting of information in groups where it is not relevant and unwanted.

Pyramid/money-making schemes – Such activities as the transfer of information or solicitation of persons via the Internet in an attempt to extort money or other valuables or the use of pyramid/chain letters are all prohibited.

Pirated software and copyright Infringement – Pirated software is defined as the illegal exchange of software for purpose of avoiding the purchase of said software by the individuals involved. This includes most commercial applications such as Adobe Photoshop, Microsoft Office, etc. Such activities are prohibited by Federal law and are thus not allowed in any form on or using the zaBYTE Network. Such prohibition also includes the unauthorized copying, streaming, broadcasting, posting or any distribution of copyrighted material including, without limitation to digitization and distribution of photographs from magazines, books, or other copyrighted sources and copyrighted software. The exportation of software or technical information in violation of U.S. export control laws is strictly prohibited.

High-traffic websites – Residential Internet service is intended to provide access to individuals only. As most individuals primarily download content, rather than upload it, the performance for everybody on the systems is optimal. However, some individuals occasionally choose to host content on their account that could degrade performance for other users. Due to such circumstances, zaBYTE may have to implement certain limitations on the amount of web hosting traffic an individual Customer’s residential account can receive.

Unlawful Use of Copyrighted Content – Customer may not download, upload, store, distribute, or transmit any copyrighted content via any means through the Services or using the zaBYTE Network without proper authorization. This includes without limitation copyrighted, trademarked and other proprietary material used without proper authorization, or anything that would be deemed a violation of the rightful author’s rights. Customer may not post, upload or otherwise distribute copyrighted content without the consent of the copyright holder.

Storing Distributing or Transmitting other unlawful or harmful content or material – Customer may not download, upload, store, distribute or transmit other types of unlawful or harmful content material through the Services or using the zaBYTE Network. Examples of other prohibited material/content include without limitation: direct threats of physical harm; bullying; child pornography; and software, applications and programs containing viruses, Trojans and other tools or technology that would compromise the security or safety of zaBYTE or others.

The download, upload, storage, distribution, or transmission of unlawful or harmful content or material could subject Customer to criminal as well as civil liability, in addition to any actions taken by zaBYTE as provided in the Agreement. Customer understands, acknowledges and agrees that zaBYTE may remove any content at any time that is alleged to infringe on a third party’s copyrights upon receiving a notice of infringement under the Digital Millennium Copyright Act (“DMCA”) or upon other disclosures or findings, and to terminate the Customer’s Services without prior notice if there is repeat infringement. Please see the zaBYTE Website DMCA Copyright Infringement Policy for details.

 

Cookies and Privacy Policy

This document informs Users about the technologies that help this Website to achieve the purposes described below. Such technologies allow the Owner to access and store information (for example by using a Cookie) or use resources (for example by running a script) on a User’s device as they interact with this Website.

For simplicity, all such technologies are defined as “Trackers” within this document – unless there is a reason to differentiate.
For example, while Cookies can be used on both web and mobile browsers, it would be inaccurate to talk about Cookies in the context of mobile apps as they are a browser-based Tracker. For this reason, within this document, the term Cookies is only used where it is specifically meant to indicate that particular type of Tracker.

Some of the purposes for which Trackers are used may also require the User’s consent. Whenever consent is given, it can be freely withdrawn at any time following the instructions provided in this document.

This Website uses Trackers managed directly by the Owner (so-called “first-party” Trackers) and Trackers that enable services provided by a third-party (so-called “third-party” Trackers). Unless otherwise specified within this document, third-party providers may access the Trackers managed by them.
The validity and expiration periods of Cookies and other similar Trackers may vary depending on the lifetime set by the Owner or the relevant provider. Some of them expire upon termination of the User’s browsing session.
In addition to what’s specified in the descriptions within each of the categories below, Users may find more precise and updated information regarding lifetime specification as well as any other relevant information – such as the presence of other Trackers – in the linked privacy policies of the respective third-party providers or by contacting the Owner.

To find more information dedicated to Californian consumers and their privacy rights, Users may read the privacy policy.

Activities strictly necessary for the operation of this Website and delivery of the Service

This Website uses so-called “technical” Cookies and other similar Trackers to carry out activities that are strictly necessary for the operation or delivery of the Service.

Other activities involving the use of Trackers

Experience enhancement

This Website uses Trackers to provide a personalized user experience by improving the quality of preference management options, and by enabling interaction with external networks and platforms.

Measurement

This Website uses Trackers to measure traffic and analyze User behavior with the goal of improving the Service.

How to manage preferences and provide or withdraw consent

There are various ways to manage Tracker related preferences and to provide and withdraw consent, where relevant:

Users can manage preferences related to Trackers from directly within their own device settings, for example, by preventing the use or storage of Trackers.

Additionally, whenever the use of Trackers is based on consent, Users can provide or withdraw such consent by setting their preferences within the cookie notice or by updating such preferences accordingly via the relevant consent-preferences widget, if available.

It is also possible, via relevant browser or device features, to delete previously stored Trackers, including those used to remember the User’s initial consent.

Other Trackers in the browser’s local memory may be cleared by deleting the browsing history.

With regard to any third-party Trackers, Users can manage their preferences and withdraw their consent via the related opt-out link (where provided), by using the means indicated in the third party’s privacy policy, or by contacting the third party.

Locating Tracker Settings

Users can, for example, find information about how to manage Cookies in the most commonly used browsers at the following addresses:

Users may also manage certain categories of Trackers used on mobile apps by opting out through relevant device settings, such as the device advertising settings for mobile devices, or tracking settings in general (Users may open the device settings, view and look for the relevant setting).

Advertising industry specific opt-outs

Notwithstanding the above, Users may follow the instructions provided by  Network Advertising Initiative (US) and the Digital Advertising Alliance (US) or other similar services. Such initiatives allow Users to select their tracking preferences for most of the advertising tools. The Owner thus recommends that Users make use of these resources in addition to the information provided in this document.

The Digital Advertising Alliance offers an application called AppChoices that helps Users to control interest-based advertising on mobile apps.

Owner and Data Controller

22431 Antonio Pkwy #B160-506 Rancho Santa Margarita, CA 92688

Owner contact email: privacy@zabyte.net

Since the use of third-party Trackers through this Website cannot be fully controlled by the Owner, any specific references to third-party Trackers are to be considered indicative. In order to obtain complete information, Users are kindly requested to consult the privacy policies of the respective third-party services listed in this document.

Given the objective complexity surrounding tracking technologies, Users are encouraged to contact the Owner should they wish to receive any further information on the use of such technologies by this Website.

Definitions and legal references

Personal Data (or Data)

Any information that directly, indirectly, or in connection with other information — including a personal identification number — allows for the identification or identifiability of a natural person.

Usage Data

Information collected automatically through this Website (or third-party services employed in this Website), which can include: the IP addresses or domain names of the computers utilized by the Users who use this Website, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilized to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server’s answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by the User, the various time details per visit (e.g., the time spent on each page within the Application) and the details about the path followed within the Application with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the User’s IT environment.

User

The individual using this Website who, unless otherwise specified, coincides with the Data Subject.

Data Subject

The natural person to whom the Personal Data refers.

Data Processor (or Data Supervisor)

The natural or legal person, public authority, agency or other body which processes Personal Data on behalf of the Controller, as described in this privacy policy.

Data Controller (or Owner)

The natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of Personal Data, including the security measures concerning the operation and use of this Website. The Data Controller, unless otherwise specified, is the Owner of this Website.

This Website (or this Application)

The means by which the Personal Data of the User is collected and processed.

Service

The service provided by this Website as described in the relative terms (if available) and on this site/application.

Cookie

Cookies are Trackers consisting of small sets of data stored in the User’s browser.

Tracker

Tracker indicates any technology – e.g Cookies, unique identifiers, web beacons, embedded scripts, e-tags and fingerprinting – that enables the tracking of Users, for example by accessing or storing information on the User’s device.

Legal information

This privacy policy relates solely to this Website, if not stated otherwise within this document.

Latest update: July 1, 2021

DMCA Copyright Infringement Policy

THIS POLICY IS SUBJECT TO MODIFICATION OR TERMINATION AT ANY TIME, WHETHER FOR CHANGES IN THE LAW, CHANGES TO OUR DESIGNATED AGENT, OR AT OUR CONVENIENCE WITHOUT ADVANCE NOTICE. YOU MUST CHECK BACK FREQUENTLY TO ENSURE THAT YOU SEE A CORRECT, CURRENT VERSION OF THE NOTICE.

zaBYTE LLC DMCA Copyright Infringement Policy

Effective February 4, 2021

This is the official copyright infringement notification policy (“DMCA Policy”) for the website(s) and Service(s) owned, operated or provided by zaBYTE LLC “zaBYTE,” “our,” “us,” or “we”. This DMCA Copyright Infringement Policy sets forth the procedures that are required for customers, subscribers, users and visitors (collectively, “Users”) to notify us of an alleged copyright infringement of any of our website(s) or Service(s) and the procedures undertaken by us to respond to such notices under the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3) (“DMCA”).

Any capitalized terms that are not defined in this DMCA Copyright Infringement Policy shall have the same meaning given in our terms and conditions/use agreement for our website(s) or Service(s), (collectively, “Service Agreements”). This DMCA Policy is incorporated by reference into our Service Agreements. The Service Agreements and this DMCA Policy are legally binding on all Users.

How to Provide Notification for Claims of Copyright Infringement

If you have a good faith reasonable belief that any material on our website(s) or Service(s) are infringing on your copyrights, and you wish to notify us of such alleged copyright infringement, you must provide the following information in a written communication in the form required by the DMCA to our Designated Agent (see below for contact information); it must include substantially the following information:

  1. A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on our Website or Service are covered by a single notification, a representative list of such works at that Website or Service;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. Information reasonably sufficient to permit our Designated Agent to contact the complaining party, such as a postal address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. The statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is the owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You may contact our Designated Agent for Notification of Claimed Copyright Infringement at:

Name of Service Provider: zaBYTE LLC

Name of Designated Agent: Leslie Koerner

Postal Address: 22431 Antonio Pkwy Suite #B160-506 Rancho Santa Margarita, CA 92688

Telephone Number: 800-441-9865

Email Address: DMCAAgent@zabyte.net

If you send your claim via email, you must put “DMCA Infringement Notification” in the subject line of the email. The above address is intended only for notifications and any related correspondence regarding claims of copyright infringement for the Service(s) or website(s) under this DMCA Policy. Correspondence pertaining to other matters will not receive a response if sent to the above contact information.

We will remove or disable access to any posted material for which we have received a notice of claimed copyright infringement in substantial conformance with the DMCA. United States law provides significant penalties for submitting a false or fraudulent claim of copyright infringement.

WE CAUTION YOU THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO SEVERE CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEY’S FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

If we have an accurate postal mail or email address, we will also send a notification to the User who posted the material informing the User that the material was removed or access to it was blocked because of claimed copyright infringement. The User has a right to send us a counter-notice challenging our removal of the User’s material, or disabling his/her access to the website or Service as described below.

We will terminate the privileges, subscription, membership, and/or account of any User who repeatedly uses our website(s) or Service(s) to unlawfully transmit, download, upload, broadcast, stream or post copyrighted material without a license, express consent, valid defense or fair use exemption to do so. Please see the “Repeat Infringer Policy” below.

Repeat Infringer Policy

Under certain circumstances we will terminate the privileges, account(s) and/or membership of Users that are repeat infringers. A person does not have to be found guilty of copyright infringement in a court to be deemed a repeat infringer. We will review the circumstances of each situation and the decision to terminate will be at the sole discretion of our Designated Agent based on the frequency and number of complaints against that User. Generally, we will terminate a User’s account, membership, or subscription when that User has been notified for three (3) complaints/violations over a period of four (4) months but no more than four (4) notices over a period of twelve (12) months. However, we reserve the right to terminate a User at any time as we deem appropriate based on the circumstances of the User’s actions. A complaint/violation will not be assessed against the User if the User has filed a counter-notice of infringement, and there are no further legal actions from the copyright owner or owner’s agent.

Each User understands, acknowledges, and agrees that if his or her account, membership or subscription is terminated pursuant to this DMCA Policy, the User will not attempt to establish a new account, membership or subscription under any name, real or assumed. The User further understands, acknowledges, and agrees that by opening a new account, membership or subscription after being terminated pursuant to this DMCA Policy, he/she will have violated this DMCA Policy and Service Agreements and shall indemnify and hold us harmless for any and all liability that we may incur.

How to Appeal the Removal of Material with a Counter-Notice If You Believe the Content Was Not Infringing

If you are a User who posted material that was removed in response to a notice of infringement or your access to our website(s) or Service(s) were disabled and you believe that such material was removed or disabled actions were due to a mistake or misidentification, you may request that we restore the posting or cease blocking access to the material by sending us a written communication via postal mail, email, or facsimile to our Designated Agent for receiving notices of infringement. (See above for our Designated Agent’s contact information). This counter-notice must include substantially the following information:

  1. A physical or electronic signature of the User of the Website or Service;
  2. Identification of the material that has been removed or to which access has been disabled and the location on our Website or Service at which the material appeared before it was removed or access to it was disabled.
  3. The statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
  4. The User’s full name, postal address, telephone number and email address (if applicable), and the statement that the User consents to the jurisdiction of the Federal District Court for the district in which the address is located, or if the User’s address is outside of the United States, for any judicial district in which zaBYTE or its appropriate subsidiary may be found, and that the User will accept service of process from the person who provided notification of copyright infringement under 17 U.S.C. § 512(c)(1)(C) or an agent of such person.

When we receive a counter-notice that complies with these requirements, we will forward it to the person who submitted the original claim of copyright infringement. Please note that when we forward the counter-notice, it includes your Personal Information. By submitting a counter-notification, you consent to having your Personal Information revealed to third parties.

We also reserve the right, but not the obligation, to restore the material that was removed or to allow access to the material. As stated in our Service Agreements, we can at our discretion remove any material for any purpose at any time. If we receive a counter-notice from the User that posted the material subject to a claim of copyright infringement, we will take the following actions: 1) We will forward a copy of the counter-notice to the person who sent the notice of infringement and inform him/her that the removed material may be restored or we may allow access to the material in ten (10) business days. 2) If during those 10 business days, the person who sent the original notice of infringement notifies us that he/she has filed an action seeking a court order to restrain the User from infringing activity relating to the material on our website(s) or Service(s), we will not restore or allow access to the material. 3) Otherwise, we may restore the material and allow access at our sole discretion.

However, as a User, you acknowledge, understand and agree that we generally retain the right to modify, move, remove, block access to, replace or decline to restore material at any time for any reason without notice to or any liability to the posting User.

Please contact us at info@zabyte.net if you have any questions regarding this DMCA Policy. Do NOT send notices of infringement to this email address; see the above contact information for our DMCA Designated Agent.

© Copyright 2019 zaBYTE LLC – All Rights Reserved

Open Internet Transparency Policy

Open Internet Transparency Policy

APRIL 1, 2021

zaBYTE LLC (“zaBYTE”, “we,” “our,” or “us”) is committed to an open Internet and supports the following Net Neutrality principles:

This Open Internet Transparency Policy sets forth certain information regarding the policies and practices of zaBYTE and how we manage our network for broadband internet access service (the “[zaBYTE] Network”). This Open Internet Policy is a supplement to and is incorporated by reference in our zaBYTE  Terms of Service Agreement for Internet Service  (“Service Agreement’”) (available at: https://zabyte.net/policy-TOSA), and in the event of any inconsistency between this Open Internet Transparency Policy and the Service Agreement, this Open Internet Transparency Policy shall control.

zaBYTE’s broadband access service is primarily a fixed wireless service (“Service”). Generally, given the nature of fixed wireless services, certain circumstances may affect the speed and quality of the Service, including but not limited to foliage, line-of-sight obstructions, the distance between a Customer’s premises and the transmission point, as well as the Customer’s connection of multiple devices to the zaBYTE Network. Although we have engineered the zaBYTE Network to provide consistent high-speed data services, some network management for these scenarios is required, because very heavy data usage by even a few customers at times and places of competing network demands can affect the performance of all Customers.

Overall, zaBYTE does not unreasonably prohibit, interfere with or disadvantage a Customer’s ability to select, access or use our broadband Internet service or the lawful content, applications, services, or devices of a Customer’s choice.

I. NETWORK MANAGEMENT PRACTICES

 A. Blocking: Other than reasonable network management practices disclosed below, we do not block or otherwise prevent a Customer from lawful content, applications, services, or non-harmful devices.

B. Throttling: Other than reasonable network management practices disclosed below, we do not throttle or otherwise degrade or impair access to lawful Internet traffic on the basis of content, application, services, user, or use of a non-harmful device.

C. Affiliated Prioritization: We do not directly or indirectly favor some traffic over other traffic, including through use of techniques such as traffic shaping, prioritization, or resource reservation, to benefit any of our affiliates, defined as an entity that controls, is controlled by, or is under common control with zaBYTE.

D. Paid Prioritization: We do not directly or indirectly favor some traffic over other traffic, including through use of techniques such as traffic shaping, prioritization, or resource reservation, in exchange for consideration, monetary or otherwise.

E. Zero Rating: We do not engage in zero rating for any reason. Zero rating means exempting some Internet traffic from a Customer’s data usage allowance.

F. Special Treatment for Certain Edge Providers: An edge provider is any individual or entity the delivers content, application or services over the Internet, or provides a device for accessing content, application or service over the Internet. We do not discriminate in the delivery of our Service against any edge provider nor do we unreasonably interfere with or disadvantage an edge provider’s ability to make lawful content, applications, services, or devices available to Customers. We do not require or accept consideration, monetary or otherwise, from any edge provider to:

  i. Deliver Internet traffic to and from a Customer, or to avoid having the edge provider’s content, application, service or non-harmful device blocked from reaching our Customers.

 ii. Avoid having the edge provider’s content, application, service, or non-harmful device impaired or degraded.

G. Congestion Management: Our Service is provided on a “best efforts” basis and our congestion management practices are in place to ensure that all Customers experience as high quality a service under varying usage periods. Our typical frequency of congestion is estimated at 1%. Customers select how much high-speed data they receive under a designated Service plan; the specific Service plan is set forth in the Customer’s Confirmation os Sale (“COS”).  If a Customer exceeds his/her/its selected high-speed allotment during a service cycle, we may reduce the Customer’s data speed for the remainder of that service cycle. We do not impose any additional usage limits for the Service. In a manner consistent with our Service Agreement and Privacy Policy, we may monitor network traffic to ensure capacity is sufficient to maintain an efficient network load, to perform diagnostics and to otherwise manage and enhance the zaBYTE Network for improved delivery to Customers. To help manage traffic on the zaBYTE Network, during times of high demand, we may allocate available bandwidth among Customers on an equal basis, by account level. In addition, as a reasonable network management practice we may schedule the traffic for Internet Protocol (“VoIP”), over other Internet traffic types to address the needs of emergency communications, law enforcement, or national security authorities.

i. We may also use specific traffic shaping software in order to reduce congestion, boost latency, and maximize technical performance by controlling available bandwidth for certain kinds of Internet traffic.

ii. We may also conduct deep packet inspection (“DPI”), which is a type of filtering that will examine the data and/or header part of Internet traffic for viruses, spam, intrusions, or protocol non-compliance that may harm the zaBYTE Network; to determine the routing of Internet traffic; for internal statistical and performance purposes; for lawful intercept capabilities, and/or enforcement of our Service Agreement. We do not use DPI to conduct data mining for targeted marketing or advertising, or anti-competitive purposes.

iii. If we determine, in our sole and reasonable discretion, that the manner in which a Customer is using the Service negatively impacts the technical capability of other Customers to receive the Services or the operations of the zaBYTE Network, we reserve the right to apply additional congestion management techniques.

H. Application-Specific Behavior: Subject to the qualification that zaBYTE may reasonably limit or rate-control specific or classes of applications, or other specific protocols or protocol ports as set forth below, zaBYTE generally treats all lawful applications identically. However, we reserve the right to block or limit access to any applications, ports or protocols that we determine, in our sole and reasonable discretion, may harm the zaBYTE Network or otherwise interfere with or impair the experience of other Customers on the zaBYTE Network. 

I. Device Attachment Rules: Generally, you do not need approval to connect a third-party device to the Network.  ZaBYTE does not limit the types of devices that can be connected to the zaBYTE Network, provided they are used for lawful purposes and do not harm the zaBYTE Network, violate our Service Agreement, or harm other users of the Network. However, if we determine, in our sole and reasonable discretion, that the connection of a particular type of device to the zaBYTE Network negatively impacts other users or the zaBYTE Network such as causing interference or other technical problems, creating a security risk, or violating our Service Agreement we reserve the right to limit or restrict Customer’s ability to connect any such device to the zaBYTE Network. If you need technical support services to assist you in the installation and configuration of third party devices, please contact us or visit support@zabyte.net. Depending on your level of Service and your COS, there may be an additional monthly fee for IT support services.

J. Security: We have taken reasonable physical, technical and administrative safeguards to protect the integrity and operations of the zaBYTE Network. We monitor the zaBYTE Network for security threats and may prohibit certain activity on the zaBYTE Network that we may deem, in our sole and reasonable discretion, poses a potential risk to the zaBYTE Network or to other Customers. Triggering conditions include but are not limited to denial of service activity, IP address or port scanning, excessive account login failures; or certain Internet addresses that are disruptive, malicious and typically persistent. If we notice excessive Customer connections, including but not limited to Wi-Fi connections, that are harmful or are commonly used to disrupt the normal use of the zaBYTE Network or use by other Customers, we will attempt to notify the Customer to work collaboratively to remedy the issue to the extent possible; however, we reserve the right as a reasonable network management to protect our Customer’s security,  without advance notice, to lock any Customer traffic, ports, protocols, devices, or applications (such as peer-to-peer applications that may carry malicious software or are known to disrupt the delivery of Internet Service to other Customers) that we determine, in our sole and reasonable discretion, may cause harm to the zaBYTE Network or to other Customers, due to unlawful activity, devices, or content.

  1. PERFORMANCE CHARACTERISTICS AND COMMERCIAL TERMS

Specific Service fees and rates for an individual Customer is set forth in the Customer’s Confirmation of Sale (“COS”). Various information is also publicized on the zaBYTE Website.

A. Service Description and Pricing: Links to a current description of the categories of Internet access service offered to residential and business Customers are available here, including pricing, expected and actual access speed and latency, and the suitability of the service for real-time applications:

RESIDENTIAL

i. [Premium 1 Plan], details available at https://zabyte.net/plans-pricing

BUSINESS

i. [Enterprise 1 Plan], details available at https://zabyte.net/plans-pricing

B. Impact of Non-Broadband Internet Access Service Data Services (also known as “Specialized Services”): We do not offer data-related Specialized Services to Customers that will affect the last-mile capacity available for, and the performance of, our broadband Internet access Service offering or that harms the open Internet.  However, depending on how many people are using the Services from a Customer’s premises, there may be a temporary slowing of Internet speed when using any of zaBYTE’s broadband services and a VoIP and /or an Internet Protocol video offering (“IPTV”) at the same time. VoIP and IPTV are delivered using zaBYTE’s Internet access service but have a different technical requirement. Therefore, zaBYTE utilizes industry-standard reasonable network management practices to schedule VoIP and IPTV traffic across its network so that there is quality control and a reduced chance of dropped calls pr compromised video. Additionally, VoIP services are important to address the needs of emergency communications, law enforcement, public safety and national security. 

C. Various Fees. We will assess the following fees for our Service, where applicable. Please see our Service Level Plans and Pricing for details.

i. Standard Installation Fee

ii. Additional Installation Fees may include:

    1. Installation of CAT 5 Cabling from antenna location to the router 
    2. Connection cable/lines
    3. Wiring                

iii. Equipment Rental/ Lease Fee

iv. Late Fee

v. Equipment Repair/Replacement Fee

vi. Cancellation Fee

vii. Early Termination Fee

viii. Reconnection Fee for Terminated Service due to Non-Payment

ix. Service Change Fee

x. Non-Returned Equipment Fee

xi. Non-Payment Fee Automated Clearing House (‘ACH’) electronic check payment returned for non-payment or insufficient funds, or for any credit card chargeback.

D. Fees for Additional Services: ZaBYTE does not offer additional network-related services at this time.

E. Network Speeds: ZaBYTE offers a standard range of download speeds to residential Customers at up to 50 Mbps. The standard range of download speeds for business Customers is up to 200 Mbps. The zaBYTE Network is designed to support these speeds to help ensure that every Customer receives the speeds to which they have subscribed.  ZaBYTE however cannot guarantee speeds at all times, as there are many factors and conditions beyond zaBYTE’s control that can affect Internet performance. Some of these external factors and conditions are:

i. Performance of Customer’s computer and/or router.

ii. Type of connection to Customer’s  own equipment (i.e., Wi-Fi).

iii. Congestion of websites and services on Internet.

iv. Website or service limiting speeds on the Internet.

v. Internet and equipment performance outside of the zaBYTE Network.

The zaBYTE Services are advertised as “up to” certain speeds reflecting performance under ideal conditions. Without purchasing an expensive “dedicated” Internet connection, no Internet Service Provider can guarantee package speeds at all times.

F. Acceptable Use: As set forth in the Service Agreements, all of zaBYTE’s service offerings are subject to the Acceptable Use Policy (“AUP”) section of the Service Agreements, which we may from time to time establish or revise. The AUP is available here: https://zabyte.net/policy-AUP.

G. Privacy Policy: zaBYTE’s current Privacy Policy is available here: https://zabyte.net/policy-privacy.

H. Redress Options: zaBYTE endeavors to respond to all Customer concerns and complaints in a timely and fair manner. We encourage Customers to contact us at info@zabyte.net or U.S. postal mail to discuss any complaints or concerns as they arise. Our postal address is zaBYTE LLC 22431 Antonio Pkwy., Suite #B160-506 Rancho Santa Margarita, CA 92688.

I. Disputes and Arbitration: The Service Agreement requires the use of arbitration to resolve disputes and otherwise limits the remedies available to Customers in the event of a dispute.

  1. FCC REQUIREMENTS AND COMPLAINT PROCESS

The Federal Communications Commission (“FCC”) has adopted rules to preserve the Internet as an open platform (“Rules”). Information regarding these Rules is available on the FCC’s website at: https://www.fcc.gov/restoring-internet-freedom.

If a Customer believes that we are not in compliance with the FCC’s rules, the Customer may file an informal complaint with the FCC. The FCC urges Customers to submit any complaints via its website at the following address: https://consumercomplaints.fcc.gov/hc/en-us.

  1. ADDITIONAL DISCLAIMERS

This Open Internet Transparency Policy does not affect, alter or otherwise supersede the legal status of cooperative efforts by zaBYTE that are designed to curtail copyright or trademark infringement in response to information provided by rights holders in a manner that is timely, effective, and accommodates the legitimate interests of the company, rights holders, our Customers and other end users. Furthermore, this Open Internet Transparency Policy does not prohibit us from making reasonable efforts to address the transfer of unlawful content or unlawful transfers of content. For additional information, please review the Service Agreement and Privacy Policy.

Copyright © 2022 zaBYTE LLC – All rights reserved.

Website Terms Of Use

zaBYTE Website Terms of Use

Effective January 1, 2021

  1. ACCEPTANCE OF THE WEBSITE TERMS OF USE.

Welcome to the website of zaBYTE LLC (“zaBYTE,” “we,” “our,” or “us”). zaBYTE is the owner and operator of the www.zabyte.net website, mobile application, or any other zaBYTE online service (collectively, the “Website”) that posts a link to this Terms of Use Agreement (“Terms” or “TOU”). These terms and conditions are a legal contract between any visitor to the Website or Customer of zaBYTE (“Customer,” “you,” or “your”) and zaBYTE that govern use of or access to the Website. It is important that you review them carefully before using or accessing the Website. Your use and access of any part of the Website indicates that you have read, understood, and agree to follow and be bound by the Terms, which is incorporated by reference in our Internet Terms of Service Agreement (“Service Agreement”) along with our Privacy Policy and DMCA Copyright Infringement Policy. If you do not agree to these Terms, do not access or use the Website.

Any capitalized terms not defined in these Terms will have the same meaning as defined in our Service Agreement.

This Website is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. The Website is not directed at persons under the age of 16, and the Website does not knowingly collect any Personal Information from minors. By using this Website, you represent and warrant that you are of legal age to form a binding contract with zaBYTE and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you cannot continue to access or use the Website.

  1. CHANGES TO THE WEBSITE.

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter, unless further notice and consent is required by law.

Your continued use of and access to the Website following the posting of any revised Terms means that you accept and agree to the changes, You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

  1. YOUR ACCESS TO THE WEBSITE.

We may choose to suspend your access to all or part of the Website without advance notice and at any time, for violations of these Terms, for any reason, or for no reason at all. We are not liable if for any reason all or any part of the Website is unavailable at any time or for any period.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information, including Personal Information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason.

  1. WEBSITE CONTENT AND INTELLECTUAL PROPERTY RIGHTS.

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) (“Website Content”), are owned by zaBYTE, its licensors or other providers of such material and are protected by United States and international intellectual property or proprietary rights laws. zaBYTE expressly reserves all rights in the Website and Website Content owned and licensed by zaBYTE.

These Terms permit you to use the Website for the purpose of researching and/or signing-up for zaBYTE’s Internet Service. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as authorized in writing by us.

If you wish to use material on the Website other than set out in this section, please address your request to: info@zabyte.net.

zaBYTE LLC, zaBYTE.com and zaBYTE.net and all related names, logos, product and service names, designs and slogans are trademarks of zaBYTE, its Affiliates, Operational Service Providers, or licensors (collectively, “zaBYTE Marks”). You must not use the Website Content, zaBYTE Marks, other zaBYTE intellectual property, including but not limited to copyrights, without the prior written permission of zaBYTE. All other names, logos, product and service names, designs, slogans, images, and sounds on this Website are the trademarks, copyrighted material, or intellectual property of their respective owners.

  1. USER GENERATED CONTENT AND LICENSING RIGHTS.

Our Website and the zaBYTE Network may allow you to upload, download, or share content with other users or persons. However, do not permit you to use the Website or the zaBYTE Network to upload, download, or share anything such as messages, posts, text, film, video, audio, photographs, other recordings or images, or any other content (collectively, “User Generated Content” or “UGC”) that you do not have a right to use and share on the Internet.

By use of any UGC on our Website or via the zaBYTE Network, you represent and warrant that: (a) you are the original author or creator of the UGC and/or have full copyright, title and interest or have a license in and to any UGC; (b) you have the full power and authority to upload, download and/or share such UGC; and (c) the use of all or any element of the UGC will not violate or infringe upon the trademarks, trade names, copyrights, patents, privacy or publicity rights or any other personal or proprietary rights of any person or entity, and will not defame or libel any person or entity.

A. Monitoring, Screening and Removal of UGC.

You acknowledge that we and/or our designees may or may not pre-screen UGC, and that we have no control over UGC, therefore we do not guarantee the accuracy, integrity, or quality of such content. We shall have the right (but not the obligation), in our sole discretion, to move, remove, block access to, monitor, screen, modify, refuse or decline to restore any UGC or your access to any UGC for any or no reason, including without limitation that such UGC violates these Terms or is otherwise objectionable.

We take no responsibility and assume no liability for any UGC uploaded, transmitted, or downloaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. As the provider of the Website and the zaBYTE Network, we are only a conduit and are not liable for any statements, representations, or content provided by users. Any opinions, advice or recommendations expressed therein are those of the users providing such content and not those of zaBYTE. We do not endorse any content or any opinion, recommendation or advice expressed therein. It is not our intent to discourage you from taking controversial positions or expressing vigorously what may be unpopular views; however, we reserve the right to take such action as we deem appropriate in cases where the Website is used to disseminate statements that are currently or are potentially harmful or inflammatory.

B.  UGC License and Rights.

Please note that if you upload, share or otherwise make available any UGC on our Website or zaBYTE Network, you will still own the UGC (assuming you have rights to own it or the UGC does not contain our own Website Content or zaBYTE Marks, in which we reserve all ownership rights in our Content and zaBYTE Marks) but you are giving us the right to use your UGC. That means that if you send in, post, upload, make available, or disclose to us in any way any UGC, you grant us and our related entities, the right use it any way we want in any medium without getting your permission or having to pay you for it.

In legal terms, by providing us with any UGC, you grant zaBYTE and our Affiliates, Operational Service Providers, and licensors, and each of their successors and assigns, a worldwide, perpetual, irrevocable, unrestricted, non-exclusive right and fully sub-licensable royalty-free license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works from such UGC, in any form, format, or medium, of any kind now known or later developed. Without limiting the generality of the previous sentence, you authorize us to share the UGC across the Website and all online media platforms, newspapers, television and radio broadcast stations, and any other media now or hereafter known affiliated with us and to use your name, likeness and any other information in connection with our use of the material you provide. You waive any moral rights you might have with respect to any UGC you provide to us. You also grant us the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you provide or otherwise submit to us for any purpose whatsoever, including but not limited to, commercial purposes, and developing, manufacturing and marketing commercial products using such information.

You understand, acknowledge and agree that all rights in this paragraph are granted to us without the need or your right for compensation of any sort; the sole consideration for any use of your UGC is your ability to make available this content to the public using our Website and the zaBTYE Network.

6. YOUR COPYRIGHTED WORK AND DMCA NOTICE OF INFRINGEMENT.

Just as we require users to respect our copyrights and those of our Affiliates, Operational Service Providers and licensors, we respect the copyrights of others. Using copyrighted material without the permission of the copyright owner or its authorized representative in many instances is unlawful and can subject those who do so to potential civil and criminal liability. This is called “copyright infringement” and it not only violates U.S. Copyright law, it also violates these Terms and our Service Agreement.

If you believe in good faith that your copyrighted work has been reproduced or posted on our Website or using the zaBYTE Network without authorization in a way that constitutes copyright infringement, please see our DMCA Copyright Infringement Policy for instructions on how to notify our Designated Agent under the Digital Millennium Copyright Act, 17 U.S.C. § 512 (c)(3) or to submit a counter-notification.

7. PROHIBITED USES.

You may use the Website only for lawful purposes and in accordance with these Terms and zaBYTE’s Acceptable Use Policy. You understand, acknowledge and agree that you will not take any of the actions with respect to our Website, Website Content, zaBYTE Marks nor will you use our Website, the zaBYTE Network, or related software to upload, post, email, distribute, transmit, link, solicit or otherwise make available any content. You may not use our Website in any manner that:

Violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);

Is unlawful, harmful to minors, threatening, harassing, abusive, defamatory, slanderous, vulgar, gratuitously violent, obscene, pornographic, indecent, lewd, libelous, harassing, invasive of another’s privacy, or racially, ethnically or otherwise offensive, hateful or abusive; or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise deemed inappropriate at our sole discretion;

Infringes someone else’s patent, trademark, trade secret, copyright or other intellectual property, proprietary or other rights;

Produces spam or spin publicizing a product, website, event, entity or individual person;

Posts or disseminates advertisements or solicitations of business, or otherwise engage in commercial activity on our Website unless you have a business account, except in those areas specifically designated for such purpose (e.g., classified bulletin board);

Contains software viruses, worms, time bombs, corrupted files, Trojan horses or any other computer code, files, or programs that are designed or intended to disrupt, damage, overburden, impair or limit the functioning of any software, hardware, network, server or communications systems or equipment;

Systematically collects and uses any Website Content or other content including the use of any data mining, or similar data gathering and extraction methods;

Uses any device, software or routine that interferes with the proper function, security, or availability of the Website;

Attempts to disable, bypass, modify, defeat or otherwise circumvent any of the digital rights management or other security related tools incorporated into the software or any Website Content or the Website;

Creates a false identity for the purpose of misleading others;

Impersonates or attempt to impersonate zaBYTE, a zaBYTE employee, another user or any other person or entity (including, without limitation, by using domain names, e-mail addresses, screen names or social networking IDs associated with any of the foregoing);

Provides material support or resources (or conceals or disguises the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;

Engages in unauthorized “scraping” or spidering, or harvesting of personal information, or use any unauthorized automated means to compile information;

Engages in any other conduct that interferes, restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm zaBYTE, the Website, or users of the Website or expose them to liability; or

Removes any proprietary notices or labels on our Website Content or any other content.

8. INDEMNITY.

All the information and UGC you submit to the Website remain your responsibility. Specifically, you agree to hold zaBYTE, and our Affiliates, Operational Service Providers, and licensors and each associated officer, shareholder/director, employee, agent, representative, and any of their successors and assigns (collectively “zaBYTE-Related Entities”), harmless from against any claims, actions, costs, damages, losses, expenses, and any other liabilities, including attorneys’ fees and costs, arising out of or related to your access to or use of the Website, your violation of these Terms, and/or your violation of the rights of any person.

9. NO WARRANTIES.

The Website is provided “as is” and without warranty of any kind. To the maximum extent permitted by law, zaBYTE and zaBYTE-Related Entities disclaim any and all warranties, express or implied, including (but not limited to) implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, or any other warranty, condition, guarantee or representation, whether oral or electronic. You are solely responsible for any damage to your computer or mobile device or loss of use. We do not guarantee that the Website will always work properly.

  1. LIMITATION OF LIABILITY AND STATUTE OF LIMITATIONS.

A. ZABYTE AND ZABYTE-RELATED ENTITIES SHALL NOT BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES, WHETHER IN TORT, CONTRACT, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS OR YOUR USE OF OR ATTEMPT TO USE THE WEBSITE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, GOODWILL, USE, OR DATA. THIS LIMITATION OF LIABILITY SHALL NOT BE AFFECTED EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

B. YOU AGREE TO RELEASE ZABYTE AND ZABYTE-RELATED ENTITIES FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL), OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR USE OF THE WEBSITE.

C. STATUTE OF LIMITATIONS: IF ANY OF THE ABOVE PROVISIONS ARE DEEMED UNLAWFUL, CUSTOMER MUST BRING ANY CLAIM WITHIN ONE (1) YEAR AFTER THE CLAIM FIRST ARISES.

  1. GOVERNING LAW AND VENUE.

Any claim or dispute between zaBYTE and you arising out of or relating to these Terms, in whole or in part, shall be governed by the laws of the State of California without respect to any conflict of laws provision. You understand, acknowledge, and agree to submit to the personal jurisdiction and venue of the state or federal court of competent jurisdiction located in Orange County, California.

  1. HEADINGS.

The headings in these Terms are for convenience and do not control any of its provisions.

  1. SEVERABILITY AND NO WAIVER.

If any provision of these Terms is held invalid or unenforceable, that provision will be modified to the extent necessary to render it enforceable without losing its intent. If no such modification is possible, that provision will be severed from the rest of this agreement.

If we do not enforce any right or provision in this TOU, that is not to be deemed a waiver of our right to do so in the future.

  1. ENTIRE AGREEMENT.

These Terms are incorporated by reference into the Service Agreement and the Service Agreement consists of the entire agreement between you and us concerning the Website and the zaBYTE Network. It supersedes all prior or contemporaneous agreements between you and us.

Copyright © 2022 zaBYTE LLC – All rights reserved.

Terms Of Service Agreement For Internet Service

zaBYTE LLC

TERMS OF SERVICE AGREEMENT FOR INTERNET SERVICE

(Effective March 21, 2021)

Welcome to zaBYTE LLC (“zaBYTE,” “us,” “we,” “our”). Thank you for supporting our local business!  zaBYTE provides residential and commercial/business high-speed Internet Service with choice and flexibility to select the broadband service plan that best fits your needs.

This Terms of Service Agreement (“Agreement”) is by and between zaBYTE and any residential or business/commercial customer (“Customer” “you,” and “your”) who subscribes to our high-speed internet service (“Service”).  This Agreement takes effect the date when the Customer signs the Service Order.  Customer use of the Service, equipment provided by zaBYTE (“zaBYTE Equipment”) or equipment provided by the Customer (“Customer Equipment”) connected to the Service, and any other related services are governed by this Agreement.  By using our Service, you understand, acknowledge and agree to the following terms and conditions in this Agreement, in addition to the following documents incorporated by reference herein, including without limitation the zaBYTE Privacy Policy, DMCA Copyright Infringement Policy, Open Internet Transparency Policy, Service Order and Additional Terms (terms and conditions that will govern a new service offering), as each may be amended from time to time.  Please read these documents carefully.  If there is a conflict between this Agreement and any Additional Terms, the Additional Terms shall govern.

ZaBYTE will regularly update and amend this Agreement and any other document incorporated by reference in this Agreement, when necessary.  zaBYTE will communicate any such updates or amendments to Customer in accordance with Section 13(H) herein.  Customer may obtain, at no charge, a copy of the current Agreement or any documents incorporated by reference herein by visiting www.zabyte.net (“Website”).

  1. TYPE AND LENGTH OF SERVICE. The length of service (“Term”) for each Customer shall be set forth in the Service Order.

           A. Residential Customers.

(i)        Residential Service Plans are designated for personal, family and household use within a single home.  The term “Single Home” means the Customer’s residence and includes any apartment, condominium, multiple dwelling unit, flat, or other premises that may be used as a residence.  Customer understands, acknowledges and agrees that only Customer, co-residents and their visitors at the same premises will use the Service.  The Service is provided solely for residential use in the Customer’s home and any unauthorized access by a third party to e-mail, Internet access, or any other function of the Service is in violation of this Policy and the Agreement.  Customer is responsible for any misuse of the Service that occurs through Customer’s account, whether by a member of Customer’s household or an authorized or unauthorized third party.

(ii)       Residential Service Plans will be month-to-month (“Month-to-Month Service Plan”) unless otherwise indicated.  The Term begins with the date installation is completed.  This Agreement shall automatically renew on a month-to-month basis until terminated by either the Customer or zaBYTE upon an advance thirty (30) calendar days written notice.

          B. Business/Commercial Customers.

(i)        Business/Commercial Service Plans are designed for use by a business, governmental, educational, institutional or other commercial entity or by an individual that provides goods or services for sale or lease or that owns or operates a commercial enterprise.  Customer understands, acknowledges and agrees that Customer will allow only Customer’s employees, patrons, and vendors to utilize the commercial Services within Customer’s office area(s).  Commercial Services are provided solely for Customer’s business operations, and any unauthorized access by a third party to e-mail, Internet access, or any other function of the Service is in violation of this Policy and the Agreement.  Customer is responsible for any misuse of the Service that occurs through Customer’s account, whether by Customer’s employees, patrons, vendors, or an authorized or unauthorized third party.

(ii)      Business/Commercial Service Plans will be month-to-month  (“Month-to-Month Service Plan”) unless otherwise indicated.  The Term begins with the date installation is completed.  This Agreement shall automatically renew on a month-to-month basis until terminated by either the Customer or zaBYTE upon an advance thirty (30) calendar days written notice.

  1. INSTALLATION AND EQUIPMENT. The customer agrees to subscribe to the specific Service Plan at the rates and speed identified in the Service Order.  zaBYTE agrees to provide service to the agreed characteristics and price.  The customer will allow us to enter your premises for installation and maintenance to ensure our Service performs properly.  Installation may include drilling and attaching equipment securely to the outside of the building or in surrounding structures.  If you do not own the premises, we require that you obtain the consent of the owner.  zaBYTE’s “Standard Installation Fee” shall be detailed in the Customer’s Service Order and the Customer agrees to pay the Standard Installation Fee when the Service Order is confirmed by the Customer.  The customer understands, acknowledges and agrees that until a technician arrives at the Customer’s premises, the technician will not know whether the Customer’s installation will require additional equipment, wiring, connection cable/lines.  The customer further acknowledges that zaBYTE’s fees for additional measures to complete the installation process are disclosed in the Service Order and in our Open Internet Transparency Policy.

A. ZaBYTE Equipment. Customers may rent a router or modem equipment from zaBYTE and will be charged a rental fee on a monthly basis (“Equipment Rental Fee”).  zaBYTE Equipment made available via a rental agreement is, and shall remain at all times, the exclusive property of zaBYTE.  Customer shall acquire no interest in zaBYTE Equipment by virtue of the payments provided for herein or the attachment of any portion of ZaBYTE Equipment to the Customer’s premises or otherwise deemed part of the Customer’s realty.  The zaBYTE Equipment is not and shall not be considered a fixture to Customer’s premises.  Additionally, Customer further understands, acknowledges and agrees that the zaBYTE Equipment listed on the Service Order was installed with the consent of the owner of the property and/or at a location and in a manner authorized by the Customer.

(i)     Electrical Power.  Customer understands and agrees that: (a) Customer must provide electrical power and a continuous connection to the power grid to zaBYTE Equipment at all times (including, without limitation, when Customer is not using the Services), and (b) Customer’s failure to provide such power and continuous connection may result in damage to the zaBYTE Equipment or to Customer Equipment, for which damage Customer will be solely responsible.

(ii)    Customer shall not attach any electrical or other devices to, or otherwise alter, any zaBYTE Equipment without zaBYTE’s prior written consent.  Customer is responsible for preventing the loss or destruction of zaBYTE Equipment and Customer shall notify zaBYTE promptly of any defect in, damage to or accident involving zaBYTE Equipment.  All maintenance and repair of such zaBYTE Equipment shall be performed by zaBYTE or zaBYTE’s designee(s).  zaBYTE may charge Customer for any repairs or replacements that are necessitated by any damage to, destruction of, or misuse of zaBYTE Equipment.

(iii)   Return of Equipment and Equipment Replacement Costs.  In the event zaBYTE Equipment is lost, stolen or damaged, the Customer shall be liable for the replacement cost.  If zaBYTE Equipment malfunctions at no fault of the Customer, zaBYTE will replace zaBYTE Equipment.  Rented zaBYTE Equipment must be returned within thirty (30) calendar days after the cancellation date of the Customer’s Service.  If rented equipment is not returned within the timeframe, the Customer is subject to a “Non-Returned Equipment Charge,” which is set forth in the Service Order and on the zaBYTE Website. zaBYTE will provide a pre-paid shipping label or a drop-off location for Customers to return zaBYTE Equipment.

(iv)   Customer is not permitted to connect any harmful equipment or devices to the zaBYTE Equipment.  Customer understands, acknowledges and agrees that failure to comply with this restriction may cause damage to the zaBYTE Network and subject Customer to liability for damages and/or other liability.  Customer agrees to not service, alter, modify or tamper with the zaBYTE Equipment or the Service, or to permit, encourage or solicit any other person to do the same, unless such person has been authorized to do so by zaBYTE.

B. Customer Equipment. To use the Service, the Customer must have a personal computer(s) or other similar device(s) and other equipment such as a modem necessary to connect to the Service.  Customer Equipment must meet zaBYTE’s most recent “Customer Equipment Specifications,” which are defined on the zaBYTE Website and may be modified from time to time.  Customer understands, acknowledges and agrees that zaBYTE has no responsibility for the operation or support, maintenance or repair of any Customer Equipment, software or services that Customer elects to use in connection with the Service, nor is zaBYTE responsible for any damage that zaBYTE Equipment or Service may or will cause to Customer Equipment.

C.  Access to Customer’s Premises. Customer hereby grants zaBYTE and its Affiliates (as defined below), and vendors or service providers that provide internal and operational support to zaBYTE (collectively, “Operational Service Providers”) and their respective employees, contractors and agents the right to enter Customer’s property and premises at any time for the purpose of installing, operating or maintaining the zaBYTE Equipment or the zaBYTE Network, retrieving zaBYTE Equipment or fulfilling its obligations or exercising its rights under this Agreement.  Affiliates are companies that are related to zaBYTE by common ownership or control.  zaBYTE shall provide Customer with reasonable advance notice of any such planned access, except when, in the reasonable opinion of zaBYTE, an emergency or other exigent circumstance exists that would require zaBYTE to immediately enter Customer’s property and premises.

3. PAYMENT AND BILLING.

A. Customer agrees to pay the Standard Installation Fee in advance. Any additional installation fees as set forth above will be approved by the Customer at the time of installation and billed on the first monthly statement.

B. Payment Process. Both the Residential Month-to-Month Service and Business/Commercial Month-to-Month are billed on a monthly basis including taxes and fees (collectively, “Monthly Service Fee”). The Monthly Service Fee is due by ten (10) calendar days from the date of the Customer’s statement.  Customers can set up preauthorized automatic billing or use the zaBYTE Customer portal each month to pay electronically by a check or credit card.  Neither cash nor paper checks will be accepted.

C. ZaBYTE has the right to increase any Monthly Service Fee with the advance written notice to the Customer. Customers will have the option to accept the fee increase or to terminate the Service under the same advance notice requirements provided in Section 11 herein.

D. The Service will be suspended if the Customer’s account reaches fifteen (15) calendar days past due and then automatically terminated if the account is past due thirty (30) calendar days or more. A “Late Fee” in the amount of twenty-five dollars ($25.00 US) will be assessed each month the account remains overdue.  Customer understands, acknowledges, and agrees that ZaBYTE is not required to provide notice before suspending the Service and/or terminating the Customer’s account or this Agreement.  Service may not be restored until the balance due has been paid in full.  The customer further understands, acknowledges, and agrees that there will be a “Service Reinstatement Fee” in the amount of twenty-five dollars ($25.00 US) if a terminated account will be reinstated.  Service may not be reinstated until the balance due has been paid in full, including but not limited to any Late Fees.

E. Customer will automatically be charged a thirty dollars ($30.00 US) “Non-Payment Fee” for any Automated Clearing House (“ACH”) electronic check payment returned for non-payment or insufficient funds, or for any credit card chargeback.

F. Customer agrees to provide zaBYTE Customer’s legal name, a current email address and telephone number for communications and billing purposes, and payment data (including without limitation information provided when authorizing ACH payments or other recurring payments). Customer understands, acknowledges, and agrees that the Customer’s submission of a mobile telephone number provides his/her prior express consent to zaBYTE to contact the Customer for administrative and billing purposes, even if using an automatic telephone dialing service, pre-recorded or artificial voice.

G. If any billing disputes arise, the Customer is responsible for contacting zaBYTE to resolve at info@zabyte.net.

4.    ACCEPTABLE USE OF SERVICE AND PROHIBITED INTERNET SERVICE ACTIVITIES. “Acceptable Use” is defined as the normal activities associated with the use of the internet, including without limitation, usage of the zaBYTE Network and systems and for accessing the World Wide Web, Email, and other internet features.  Please see our separate Acceptable Use Policy (“AUP”) for details.

5.   SERVICE LEVEL STANDARDS. ZaBYTE strives to provide quality and dependable service.  There may be circumstances that are outside of zaBYTE’s control that will affect the delivery and/or quality of the Service.

A. If zaBYTE determines that a Service outage was caused by zaBYTE’s failure to provide said services for reasons within zaBYTE’s reasonable control and not a result of a Force Majeure Event (as defined below in subsection 13E herein), scheduled maintenance of zaBYTE Equipment or Services or as a result of any actions or inactions of Customer or any third parties (including failure of third party equipment), zaBYTE will, upon Customer’s request within twenty-four (24) hours of such service outage, credit Customer’s account the connectivity charges for the length of the outage.

B.   ZaBYTE will credit the Customer’s account on a pro-rated basis if there is more than a 48-hour delay in zaBYTE’s response to a Service outage or another performance issue not caused by a Force Majeure event or by the Customer’s own actions or negligence. Customers must notify zaBYTE of a Service or performance issue within 24 hours.  Customer credit may not exceed the Monthly Service Fee for any single calendar month.

C.   Service may be canceled by Customer without penalty for quality of service issues after the initial installation, subject to zaBYTE’s opportunity to cure any service problem within three (3) business days after Customer’s notification. The customer must first notify zaBYTE of the Service performance issues via email within three (3) calendar days of installation.  If Customer is still dissatisfied after the cure period, Customer may request cancellation in full within seven (7) business days of Customer’s installation date.  All installation fees will be refunded.

6. DISCLAIMER OF WARRANTIES. THE CUSTOMER EXPRESSLY AGREES THAT THE USE OF THE ZABYTE NETWORK AND THE ZABYTE EQUIPMENT IS AT THE CUSTOMER’S SOLE RISK.  THE SERVICE AND ZABYTE EQUIPMENT ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS.  EXCEPT TO THE LIMITED EXTENT SPECIFICALLY SET FORTH IN “INSTALLATION AND EQUIPMENT” SECTION 2 AND SERVICE LEVEL STANDARDS SECTION 5 HEREIN, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY.  NEITHER ZABYTE OR ITS AFFILIATES, OPERATIONAL SERVICE PROVIDERS, AGENTS, REPRESENTATIVES, SHAREHOLDERS, THIRD PARTY LICENSORS AND SUPPLIERS AND THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND CONTRACTORS, AND EACH OF THEIR SUCCESSORS AND ASSIGNS (COLLECTIVELY, “ZABYTE-RELATED ENTITIES”) WARRANT:  (I) TO UNINTERRUPTED, TIMELY OR SECURE USE OF THE SERVICE; (II) THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS; (III) THAT THE SERVICE WILL BE ERROR-FREE OR FREE OF ANY VIRUSES, WORMS, SPAM, POP-UP ADVERTISING, SPYWARE, ADWARE OR OTHER HARMFUL COMPONENTS, EVEN IF COUNTERMEASURES HAVE BEEN DEPLOYED; OR (IV) THAT ANY PERSONAL INFORMATION, NON PERSONAL INFORMATION, DATA, FILES, OR CUSTOMER MATERIAL CUSTOMER SENDS OR RECEIVES VIA THE SERVICE WILL BE TRANSMITTED IN UNCORRUPTED FORM, WITHIN A REASONABLE TIME, OR FREE FROM UNAUTHORIZED ACCESS BY OTHERS OR THOSE OTHER USERS WILL BE UNABLE TO GAIN ACCESS TO CUSTOMER’S COMPUTER OR DEVICE. THIS INCLUDES WITHOUT LIMITATION INCIDENTS OF FILE SHARING, PRINT SHARING, OR USE OF OTHER MEANS THAT ENABLE INTERNET USERS TO GAIN ACCESS TO THE CUSTOMER’S COMPUTER, DEVICE, OR NETWORK OR ZABYTE EQUIPMENT, OR TO MONITOR THE CUSTOMER’S ACTIVITY AND CONDUCT WHILE USING THE SERVICE.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE CUSTOMER FROM ZABYTE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.  SOME STATES DO NOT ALLOW LIMITATIONS ON THE SCOPE OF A LIMITATION OF WARRANTY OR HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO CUSTOMERS.

7.  LIMITATION OF LIABILITY

A. STATUTE OF LIMITATIONS: CUSTOMER MUST BRING ANY CLAIM OR LAWSUIT WITHIN ONE (1) YEAR THE CLAIM OR SUIT ARISES.

B. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL ZABYTE OR ZABYTE-RELATED ENTITIES BE LIABLE FOR FAILURE TO PERFORM ANY OBLIGATIONS WITH RESPECT TO THE SERVICE OR THE SUBJECT MATTER OF THIS AGREEMENT FROM ANY CAUSE BEYOND ZABYTE’S REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, MECHANICAL, ELECTRONIC OR COMMUNICATIONS FAILURE OR DEGRADATION (INCLUDING ”LINE-NOISE” INTERFERENCE) AND UNDER A FORCE MAJEURE EVENT (AS DEFINED IN SECTION 13E HEREIN), ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS AND EXCLUSIONS HEREIN MAY NOT APPLY TO CUSTOMERS RESIDING IN SUCH STATE.  IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THE CUSTOMER UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT THE AGGREGATE LIABILITY OF ZABYTE UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00 US).

8. CUSTOMER REPRESENTATION, WARRANTIES, AND RESPONSIBILITIES.

A. If Customer is an individual, Customer represents and warrants that he or she is at least the age of majority in his/her state of residence and has the legal authority to execute this Agreement. If Customer is a business/commercial entity, the individual executing this Agreement represents and warrants he or she has the legal authority to execute this Agreement on behalf of Customer.  All Customers represent and warrant that there are no legal, contractual or similar restrictions on the installation of the zaBYTE Equipment in the location(s) and in the manner authorized by Customer and agree that Customer is responsible for ensuring compliance with and payment of any fees, charges or fines related to applicable building codes, zoning ordinances, homeowners’ association rules, covenants, conditions or other restrictions related to the installation of the Service.

B. Residential Customers represent and warrant that the Service and zaBYTE Equipment shall be used only by Customer and by members of Customer’s immediate household living with Customer at the same Service address, and their visitors. For business/commercial Customers, Customer represents and warrants that the Service and zaBYTE Equipment shall be utilized only by Customer, and its authorized employees, patrons, and/or vendors at Customer’s business premises identified in the Service Order.

C. Customer represents and warrants: (i) not to assign, transfer, resell or sublicense Customer’s rights under this Agreement unless specifically permitted by the terms of this Agreement; (ii) not to redistribute or share the Service with any others or transmit the Service over a wireless or other networks that is not secured; and (iii) to be solely responsible and liable for any and all breaches of the terms and conditions of this Agreement and any other documents incorporated by reference in this Agreement, whether such breach results from Customer’s use of the Service or by another using Customer’s Equipment or the zaBYTE Equipment.

D. Customer represents and warrants that Customer will not use the Service in a manner that: (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any applicable local, state or federal, or international statute, rule, ordinance or regulation (collectively “Applicable Law”); (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) accesses, discloses, uses, or disposes of any personal information (“Personal Information”) as defined in zaBYTE’s Privacy Policy without proper authorization or impersonates any person or entity, including without limitation, any employee or representative of zaBYTE or its Affiliates; or (v) transmits any virus, Trojan horse, worm, time bomb, or other harmful computer code, file, or program.

E. Customer represents and warrants that: Customer remains solely responsible for Customer’s use and any other persons’ use of the Service and any material or content transmitted, downloaded or uploaded, through or via the Service. Customer further represents and warrants that Customer possesses all rights necessary to transmit such material or content and that Customer understands, acknowledges, and agrees that Customer is also subject to zaBYTE’s DMCA Copyright Infringement Policy. Please see https://zabyte.net/policy-DMCA to access our DMCA policy.

9. INDEMNIFICATION. Customer agrees to indemnify, defend and hold harmless zaBYTE, and zaBYTE-Related Entities from and against all losses, expenses, damages, and costs (including reasonable attorneys’ fees) actions, governmental inquiries and investigations, and other claims brought against any zaBYTE-Related Entities arising out of Customer’s use of the Service or any violation of this Agreement (and all other documents incorporated herein by reference) including without limitation, claims that Customer’s use of the Service infringed on the patent, copyright, trademark or another intellectual property right of any third party, Customer’s violation of any Applicable Law or the rights of another and claims resulting from Customer’s negligence.  zaBYTE reserves the right to assume the defense and control of any matter subject to indemnification by Customer, in which event Customer will cooperate with zaBYTE in asserting any available defenses.

10. PRIVACY AND SECURITY.  ZaBYTE’s Privacy Policy governs the collection, use, disclosure, management, and security related to Customer’s Personal Information and Non-Personal Information (collectively, “Customer Information”).  Customer agrees that Customer had ready access to the then-in-effect Privacy Policy at the time Customer executed the Service Order.  Customer understands, acknowledges, and agrees that we may update or amend the Privacy Policy at any time without Customer’s prior consent and that Customer’s continued use of the Service after notice of any changes or amendments have been provided will indicate Customer’s acceptance of such changes, except where further steps are required by Applicable Law.  We will, however, provide notice of any such changes or amendments as stated in the Privacy Policy.  All such updates or amendments shall be deemed to be incorporated by reference into this Agreement.

A. Verification of Identity. zaBYTE may require that Customer create and use a username and password combination or other reasonable procedures to confirm Customer’s identity when requesting or otherwise accessing account information, making changes to the Service or performing other functions related to the Service through authorized Customer service channels.

B. Consent to Contact Via Mobile Device. By completing the zaBYTE Service Order, you have given prior express consent to be contacted via the phone number and/or email address you voluntarily submitted (including wireless number or wireless email address, if provided) for purposes that are important for zaBYTE to actively service your account.  Purposes include, but are not limited to appointment reminders, customer check-ins, technical support and billing support, and information about new zaBYTE services or features.  The customer understands, acknowledges, and agrees that automated telephone dialing equipment, live voice, pre-recorded or artificial voice, and/or text messages, may be used to reach you.  Standard data rates may apply.  You may opt-out of any such contact at any time via the process provided in the zaBYTE Privacy Policy, as long as there is another valid means to contact you about your account.  Providing this consent does not obligate you to purchase or use any product or service.

11. CHANGES, SUSPENSION, OR CANCELLATION/TERMINATION OF SERVICE

A. A Customer may move the Service to a new home or premises. The Customer is subject to a new installation fee when the move requires an installation of service, assuming zaBYTE’s Service is available at the new home or premises.  Customer also has the option to upgrade the Service at any time; there is no separate fee to upgrade the Service.  Additionally, a Customer can suspend the Service up to three (3) months with no billing fees during the time the Service is not active.  The customer, however, will be subject to the twenty-five dollars ($25.00 US) Service Reinstatement Fee upon the Customer’s request to reactivate the Service.

B. Residential Service. zaBYTE requires at least thirty (30) calendar days advance notice for all residential Customer cancellations of the Month-to-Month Service. The customer must notify zaBYTE by email to this email address info@zabyte.net. Upon cancellation, all zaBYTE Equipment must be returned to zaBYTE within thirty (30) calendar days.  If zaBYTE Equipment is not returned in a timely matter, Customer understands, acknowledges and agrees that Customer is subject to the applicable Non-Returned Equipment Fee(s), which are posted on zaBYTE’s website.

C. Business/Commercial Service. zaBYTE requires at least thirty (30) calendar days advance notice for all Customer cancellations of the Month-to-Month Service. Customer must notify zaBYTE by email to this email address info@zabyte.net. Upon cancellation, all zaBYTE Equipment must be returned to zaBYTE within thirty (30) calendar days.  If zaBYTE Equipment is not returned in a timely matter, Customer understands, acknowledges, and agrees that Customer is subject to the applicable Non-Returned Equipment Fee(s), which are posted on zaBYTE’s website.

D. ZaBYTE has the right to suspend and/or terminate a Customer’s Service if Customer has violated or there is a reasonable belief that Customer has violated this Agreement, in addition to any civil penalties and/or criminal charges available under the law. Suspension or a warning may occur when the Customer has one initial violation of this Agreement, such as copyright infringement by loading or posting third-party copyrighted material and content.  However, if the offense(s) is severe or frequent enough, zaBYTE reserves the right to disable the Service and terminate the account immediately without advance notice to the Customer.  Accounts that have been terminated for violation of this Agreement will not be reinstated.  Customer understands, acknowledges, and agrees that zaBYTE will not refund Monthly Service Fees or any other fees that have been paid or are due to be paid by Customer when Service has been suspended or terminated outside of the Service Level Standards provision in Section 5 herein.

E. Upon the suspension or termination of Customer’s Service, zaBYTE shall not be responsible for the return of data stored on zaBYTE’s servers, including web and email servers. Customer understands, acknowledges, and agrees that zaBYTE has no obligation to visit Customer’s home or premises upon termination to reconfigure Customer’s computer(s) or for any other reason other than the return of zaBYTE Equipment.

12. REFUND AND CREDIT POLICY. The following is a summary of when zaBYTE will provide a refund or a credit. All refunds and credits will be processed within 7-10 business days.  If you have any questions regarding this policy, please contact zaBYTE at info@zabyte.net.

A. Service Performance and Satisfaction. zaBYTE will refund installation fees as part of Section 5 Service Level Standards if the Customer notifies zaBYTE via email within three (3) calendar days after installation and zaBYTE has not cured the problem within three (3) business days after the Customer’s notice. The Customer must request cancellation within seven (7) business days after the date of installation.  If the Customer is not satisfied with the Service for any reason immediately after installation, a Customer may request cancellation via e-mail within seven (7) business days after the date of installation.  zaBYTE will refund all Installation Fees in full.

B. Delayed Response to Service Outages. zaBYTE will provide a credit to Customer’s account if zaBYTE is delayed more than 48 hours in responding to a Service outage if reported by the Customer using the proper notice requirements under Section 5(B) herein, and if the delay was not caused by a Force Majeure Event, or due to Customer’s own actions or negligence.

C. Internet Outages. zaBYTE will provide a credit to Customer’s account upon notice from Customer within 24 hours of a Service outage, but only if the outage was not due to Force Majeure Event or due to Customer’s own actions or negligence.

D. Electrical Power Failure. Under Section 2(A)(i) herein, a Customer must maintain electrical service at all times to avoid damage to the zaBYTE Network. zaBYTE will only credit a Customer’s account if there is a power outage due to a Force Majeure Event.  The Customer must notify zaBYTE within 24 hours of the outage to be eligible for a credit.  No refunds or credits will be given for power outages for other reasons.

E. Network/Internet Delays. No credits or refunds will be provided to the Customer unless the zaBYTE Network is slow or delayed due to reasons under zaBYTE’s control. A slow-moving Network or delay is not unusual for reasons outside of zaBYTE’s control, such as the Customer’s own use of the zaBYTE Network or network congestion due to other customer use.

F. Unused Portion of Pre-Paid Service. zaBYTE does not offer a credit or a refund for any unused portion of a Customer’s pre-paid service.  Under Section 11 herein, Customers are required to provide notice of cancellation of the Service for Month-to-Month Terms no less than thirty (30) days prior to the start of the next month’s service schedule.  This will allow zaBYTE to cancel the Service prior to the start of the next Service period.

13. GENERAL PROVISIONS.

A. Entire Agreement. This Agreement (including all documents incorporated herein by reference) constitutes the entire agreement with respect to the Service.  This Agreement supersedes and nullifies all prior understandings, promises and undertakings made orally or in writing by or on behalf of the parties with respect to the subject matter of this Agreement.

B. Third Party Beneficiaries. The Parties agree that any Affiliates, Operational Service Providers, agents, third-party suppliers and licensors of zaBYTE are intended beneficiaries of this Agreement.  Except as set forth in the previous sentence, this Agreement is not intended to give and does not give any rights or remedies to any person other than Customer and zaBYTE.

C. Relationship of the Parties. No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement and neither party has any authority of any kind to bind the other in any respect.

D. Severability. In the event that any provision of this Agreement is found to be invalid, void or unenforceable, the parties agree that unless such provision materially affects the intent and purpose of the Agreement, such invalidity, voidability and unenforceability shall not affect the validity of the Agreement nor the remaining provisions herein.

E. Force Majeure Event.Notwithstanding anything to the contrary in this Agreement, neither Party shall be liable to the other Party (and in the case of zaBYTE, this includes zaBYTE’s Affiliates and zaBYTE Related Entities) for any delay, interruption or failure in performance of its obligations under this Agreement to the extent any such delay, interruption or failure is due to or arises out of a “Force Majeure Event.”  A Force Majeure Event includes without limitation:  (1) act of God; (2) act of local, county, state, federal or other government in its sovereign or contractual capacity; (3) act of public enemy or of war, terrorism, sabotage, civil disorder or riot; (4) flood or adverse weather conditions, including solar flare or sun outage; (5) pandemic, epidemic or quarantine; (6) labor strike, lock-out or other labor disturbance; (7) fire, explosion, power failure or blackout; (8) damage, degradation or destruction of equipment, transmission lines or the zaBYTE Network; (9) unavailability of right-of-way, equipment or materials; or (10) any other cause beyond a Party’s reasonable control.  Changes in economic, business or competitive conditions shall not be considered a Force Majeure Event.  The Party so affected by a Force Majeure Event shall, upon giving prompt notice to the other Party, be excused from such performance and any failure, interruption or delay of performance reasonably deemed to result therefrom shall not be considered a breach of this Agreement.

F. Jurisdiction and Venue. This Agreement and all matters arising out of or related to this Agreement shall be governed by the laws of the State of California without regard to any conflicts of law provision. Subject to the agreement between Customer and zaBYTE with respect to arbitration of any disputes, Customer understands, acknowledges and agrees that the federal and state courts of competent jurisdiction located in Orange County, CA alone shall have jurisdiction over all disputes arising under this Agreement and Customer consents to the personal jurisdiction of these courts.

G. No Waiver. ZaBYTE’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.  If any term, covenant, condition or provision of this Agreement shall, to any extent, be held invalid, illegal or unenforceable, the remainder of this Agreement shall not be affected and each remaining term, covenant, condition and provision shall be valid and enforceable to the fullest extent permitted by law or construed as nearly as possible to reflect the original intentions of the parties.

H. Amendments. ZaBYTE may change, amend, alter, or modify this Agreement at any time. zaBYTE may notify Customer of any change either by posting that change on zaBYTE’s Website by sending Customer an email, as a bill insert, via telephone, or by U.S. first-class mail, or by any reasonable means.  If Customer continues to use the Service after such notice has been made, Customer understands, acknowledges, and agrees that such continued use shall be deemed to be Customer’s acceptance of those changes unless additional notice or steps are required by law.  The current version of this Agreement, as the same may be modified by zaBYTE from time to time, shall supersede any prior version of this Agreement that may have been provided to Customer at any time, unless additional notice or steps are required by law

I. Assignment. Customer may not assign this Agreement, or Customer’s rights or obligations under this Agreement, without zaBYTE’s prior written consent, and any purported assignment by Customer without such consent shall be void.  zaBYTE may transfer or assign any portion or all of this Agreement at any time without notice to Customer, and Customer waives any notice that may be required by law.

J. Survival. Sections 1 through 13 herein shall survive any termination, cancellation or expiration of this Agreement for any reason.

K. Execution of Agreement. Customer and zaBYTE (or, the signature of each Party’s authorized person) understand, acknowledge and agree that each has executed this Agreement by their electronic signatures on the Service Order.

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