Terms of Service

Subject to change at any time. This is being posted for all to read. Signing up for our service and NOT reading this document does not limit your liability regarding your subscription.

INTRODUCTION

KIZA, Inc. (KIZA) provides its customers a high-speed wireless internet connection, which we refer to as the “SERVICE”. The Acceptable Use Policies (AUP) are intended to provide protection for our customers and the internet community, while also allowing KIZA to fairly share its network to all customers. KIZA may modify the Terms and Conditions of this agreement at any time. The most current Terms and Conditions can be found on the KIZA web site at kizawireless.com. The prices for service are subject to change. Current prices, as well as KIZA AUPs, can be found on our website at kizawireless.com. Customer refers to any paying, contracted (under a Service Agreement) individual, organization or business using the KIZA service.

USE OF SERVICE AT YOUR OWN RISK

The customer is solely responsible for the content of communications on the internet. The service provided by KIZA is “as is” and at your own risk. KIZA denies any responsibility for the accuracy of information obtained through the service. The transmission of data over an internet connection is subject to errors, delays, and interruptions. KIZA is not responsible or liable for any errors, delays, or interruptions. The customer understands that current regulatory and technical issues prohibit expectation of privacy when using internet services.

SERVICE DISRUPTION

KIZA does not guarantee uninterrupted service. We will not and cannot be responsible for any disruption of internet connectivity due to power outages, network faults or acts of GOD, KIZA equipment malfunction or any natural disaster (including weather). All internet service is provided on an “as is” and “as available” basis. KIZA does not guarantee any loss of service time, transmission errors, connectivity, or quality of service. The customer acknowledges and agrees that the service is not intended to be, and will not be used as, your primary or “life-line” telecommunications service. A land line should be installed as a primary means of emergency communications should there be an interruption of the internet connection and/or cellular service.

INSTALLATION

The customer authorizes KIZA or its contractor(s) to install the necessary wiring and Subscriber Unit (SU/CPE) required for wireless internet service on the premises specified by the customer at the time of installation. The standard installation includes the mounting of an antenna and/or SU/CPE, a wireless transceiver on the outside of the house and/or building, the routing of cable(s) by the most direct path to one computer and/or router on the customer’s premises. Fishing of walls and/or attic crawling is not included with standard installation. The connecting of multiple computers at the customer’s premises may require additional costs in equipment and wiring. Any requests for custom installation work will require additional charges by our contractor(s). KIZA and its contractor(s) will not be liable for any alterations to customer’s premises that result from the installation or removal of the SU and/or wiring including any holes in walls, cable wiring, or antenna mounting brackets; although great care will be used to make the installations reasonably appealing.

OBSTRUCTIONS

Wireless internet communication is dependent on a clear line of sight to the Access Point (AP), which is the point where the wireless connects to our broadband ISP partner(s). KIZA will make every reasonable effort to provide our customer with the best service possible. Unfortunately, some locations could experience changes in service due to seasonal changes (e.g. spring and summer foliage), which in turn affects the line of sight to the AP. KIZA will make every reasonable effort to relocate or realign the SU. However KIZA cannot prevent line of sight problems, and therefore cannot guarantee service or be liable for any loss of service.

PAYMENT POLICY

Upon installation of service, KIZA will bill you on the day the service is activated for the installation and the first month of service. In order for KIZA to keep our overhead low, we ask our customers to set up automatic debit from a credit card on file.

ACCEPTABLE USE

You must use the service in accordance with all federal, state, and local laws, ordinances, and regulations. KIZA strongly recommends that Customers protect all computers or other devices connected to the internet with firewalls and virus protection software that is kept up to date, so that your account does not become a source of spam or malicious software that would require us to suspend or terminate your service. KIZA also strongly recommends that in-home or in-office wireless networks be installed and configured with maximum encryption, so that unauthorized persons do not gain access to your information or illegally gain access to our service, which could also result in suspension or termination of your account.

UNACCEPTABLE USE

KIZA may, at its discretion, immediately terminate or reduce service to the customer upon any single or multiple incidents of the following conditions: A. Failure to pay service fees in a timely manner; B. Interfering with the distribution of internet service to other customers and/or their equipment on the KIZA wireless network (see also AUP); C. Propagation of computer viruses and/or spyware (see also AUP); D. Unauthorized entry into another person(s) or organization(s) computer, systems, and/or information (see also AUP); E. Unsolicited blanket emailing known as “spamming”, (see also AUP); F. Any violation of local, state, federal, or international law or that of any Sovereign Nation, including third party intellectual property rights, as well as KIZA AUPs.

EXCESSIVE BANDWIDTH CONSUMERS

Customer activities that consume unusually large amounts of bandwidth can be multiple computers on the same connection, programs or servers which provide services to others via the KIZA network, streaming movies or music, and some types of gaming software. When excessive consumption of bandwidth over the Pricing Plan Limit by a customer prevents all customers fair access to the KIZA wireless network, we reserve the right to take necessary steps to correct the problem. These steps include, but are not limited to: limiting bandwidth, disabling communication protocols, and discontinuing service without prior notice.

SERVICE SHARING

If at any time KIZA discovers that the customer is sharing their service or has networked to others outside of the premises, without the express written consent of KIZA, service will be immediately terminated to the customer with no refunds of any kind. Guest houses occupied by additional families, or rented, need to set up their own internet service. Offices used by the homeowner are fine. In some cases additional bandwidth for offices is prudent.

INDEMNIFICATION

Customer agrees to indemnify and hold harmless KIZA, its owner(s), partner(s), and contractor(s) against all losses, liabilities, judgments, awards, and costs (including legal fees and expenses) arising out of or relating to any and all claims and/or losses accruing or resulting from the installation of service, equipment, materials, or supplies in connection with the performance of this agreement, to any and all customers and/or any other person, firm, organization, or corporation.

CUSTOMER EQUIPMENT

KIZA is not responsible for maintaining or supporting any equipment owned by the customer, and is not liable for any damages to the customer’s SU/CPE, computer(s) or other equipment. For security reasons, customers may have limited log in availability to their SU or CPE while on the KIZA network. The dish provided by KIZA is property of KIZA, and we will maintain it. On termination of service, please return the dish (unless a new person will need internet at the address).

SPAMMING

Spamming is the sending of unsolicited emails. KIZA will not tolerate any type of spamming. Internet service of a spamming customer will be immediately disconnected without prior notice and will not be eligible for any refund(s) for termination of service due to spamming.

CANCELLATION

Service is month to month. If you no longer need our service, please call us at (805) 697-1800. We bill monthly, so plan accordingly. We generally do not prorate.

GOOD NEIGHBOR POLICY

KIZA strives to deliver the best internet to all our neighbors. Sometimes our neighbors live in locations without clear line of sight to our hilltops. We reserve the right to relay internet to other neighbors from your location.

EMAIL COMMUNICATIONS

As part of the service provided by KIZA, customers will receive email and other communications such as invoices, bill notifications, service outage updates, and account updates. KIZA may use your email address to contact you for these purposes. You can opt out of some emails by contacting our support team. Please note that even if you opt out, KIZA may continue sending essential service-related information.

BLOCKED PORTS

Certain internet ports open vulnerabilities to your personal information and the privacy, security, and functionality of the Kiza network. As such, Kiza may block known vulnerable ports, detailed below.

Port 25, used by email spammers, is an unsecured port that the Federal Trade Commission (FTC) and International Telecommunication Union (ITU) recommend all ISPs block. Clients in need of mail servers using TCP over port 25 should migrate to port 587 instead.

DIGITAL MILLENNIUM COPYRIGHT ACT

Kiza, Inc. complies with the Digital Millennium Copyright Act (“DMCA”) and provides copyright owners the option to communicate details about alleged infringements to us and for us to inform our users about them. Users may receive notices if their Kiza account is identified by a copyright owner as having been used in connection with acts of alleged infringement. In some situations, users of our offerings may be unregistered and anonymous, so our ability to process and act on a DMCA notification may be limited.

Send notifications of claimed copyright infringement only to:
DMCA Notifications
Kiza, Inc.
162 White Oak Rd
Santa Ynez, CA 93460
Phone: 805-697-1800
Email: support@kizawireless.com