Terms of Service

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 among all customers.

KIZA may modify the Terms and Conditions of this agreement at any time. For material changes, including price increases, we will provide at least 30 days’ notice via email or other reasonable means before the changes take effect. Your continued use of the Service after such notice constitutes acceptance of the updated terms.

The most current Terms and Conditions, pricing information, Acceptable Use Policies, and required FCC Broadband Consumer Disclosures (“Broadband Labels”) are available on the KIZA website at kizainternet.com. The applicable Broadband Label for your selected service plan is incorporated by reference into this Agreement.

“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 provided “as is” and “as available” and is used at your own risk. KIZA disclaims any responsibility for the accuracy, completeness, or usefulness of information obtained through the service.

Transmission of data over an internet connection is subject to errors, delays, and interruptions. KIZA is not responsible or liable for any such errors, delays, or interruptions. The customer understands that current regulatory, technical, and security issues prohibit any expectation of absolute 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, acts of God (including fire, flood, earthquake, or severe weather), equipment malfunction, third-party failures, or other causes beyond our reasonable control.

The customer acknowledges and agrees that the Service is not intended to be, and will not be used as, a primary or “life-line” telecommunications service. Customers should maintain an alternative means of emergency communication, such as landline 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. Standard installation includes mounting an antenna and/or SU/CPE, installing exterior wireless equipment, and routing cable(s) by the most direct practical path to one computer and/or router.

Fishing of walls, attic crawling, trenching, or custom installation work is not included and may incur additional charges. KIZA and its contractors are not liable for alterations to the premises resulting from installation or removal, including holes, cable routing, or mounting hardware, although reasonable care will be taken to perform installations neatly.

OBSTRUCTIONS

Wireless internet service depends on a clear line of sight to a KIZA access point. Seasonal or environmental changes, including foliage growth, new construction, or terrain changes, may affect service quality. KIZA will make reasonable efforts to realign or relocate equipment but cannot guarantee uninterrupted service due to line-of-sight obstructions.

PAYMENT POLICY

Upon activation of service, KIZA will bill for installation charges (if applicable) and the first month of service. To keep operating costs low, we ask customers to set up automatic billing with a credit card or ACH payment method on file. Other payment methods, including check, may be accepted at KIZA’s discretion.

If enrolled in automatic billing, you authorize KIZA to charge your payment method on a recurring monthly basis until service is canceled in accordance with this Agreement.

Late Payments: Payment is due upon receipt of invoice. Accounts not paid within 30 days may be subject to a late fee of up to $25 or 1.5% of the outstanding balance, whichever is greater, to the extent permitted by law. KIZA reserves the right to suspend service for accounts more than 30 days past due.

ACCEPTABLE USE

Customers must use the Service in compliance with all applicable local, state, federal, and international laws. Customers are responsible for securing their own networks and devices, including maintaining firewalls, antivirus software, and proper wireless encryption.

UNACCEPTABLE USE

KIZA may immediately suspend or terminate service for conduct including, but not limited to:

• Failure to pay service fees
• Interference with network operations
• Distribution of malware, spyware, or other malicious code
• Unauthorized system access or attempted access
• Spamming or bulk unsolicited email
• Violations of intellectual property or other applicable laws

EXCESSIVE BANDWIDTH CONSUMERS

Customer activities that consume excessive bandwidth and negatively affect network performance for others may result in network management actions. These actions may include bandwidth throttling, protocol restrictions, prioritization changes, temporary suspension, or service termination, without prior notice, to ensure fair access for all customers.

SERVICE SHARING

Sharing service outside the subscribed premises without written authorization from KIZA is prohibited and may result in immediate termination without refund.

Guest houses occupied by additional families, or rented out, must have their own internet service. Home offices used by the homeowner are permitted; additional bandwidth or a business-class plan may be appropriate for business use.

INDEMNIFICATION

Customer agrees to indemnify and hold harmless KIZA, its owners, officers, employees, partners, and contractors from and against all claims, losses, liabilities, damages, judgments, awards, and costs (including reasonable attorneys’ fees and expenses) arising out of or relating to:

• (a) installation of service or equipment;
• (b) your use or misuse of the Service;
• (c) your violation of this Agreement or any applicable law;
• (d) your violation of any rights of a third party, including intellectual property rights; or
• (e) any claim that your use of the Service caused damage, interference, or harm to a third party.

GOOD NEIGHBOR POLICY

KIZA strives to deliver reliable service throughout the community. In some cases, KIZA may relay internet connectivity through customer-installed equipment to serve nearby customers, subject to technical feasibility and applicable regulations.

Any access to the customer’s property for installation, maintenance, inspection, or network-related work will be performed with reasonable notice, except in emergency situations.

CUSTOMER EQUIPMENT

KIZA is not responsible for customer-owned equipment or inside wiring. For security, reliability, and network integrity reasons, customers may have limited access to certain configuration interfaces.

KIZA-Owned Equipment: All equipment provided by KIZA remains the property of KIZA. Upon termination of service, KIZA will notify the customer whether equipment return is required. Failure to return required equipment within 30 days may result in charges equal to the reasonable fair market value of the equipment, plus a $50 processing fee.

CANCELLATION

Service is provided on a month-to-month basis unless otherwise specified in writing. If you no longer need our service, please contact us by phone at (805) 697-1800 or email at support@kizawireless.com. We bill monthly in advance; therefore, cancellation timing should be planned accordingly. Charges are generally not prorated.

EMAIL COMMUNICATIONS

As part of the service provided by KIZA, customers will receive email and other communications such as invoices, billing notices, service outage updates, and account-related information. KIZA may use your email address to contact you for these purposes. You may opt out of certain non-essential communications by contacting our support team; however, KIZA may continue to send essential service-related or legally required notices.

SMS COMMUNICATIONS

By subscribing to KIZA Internet services, customers consent to receive SMS messages related to service operations, outages, maintenance, scheduling, and account-specific support. Message frequency varies. Message and data rates may apply. Reply STOP to opt out at any time. For assistance, reply HELP or contact us at (805) 697-1800. Wireless carriers are not liable for delayed or undelivered messages.

BLOCKED PORTS

Certain internet ports present security vulnerabilities to customer systems and to the integrity of the KIZA network. As such, KIZA may block known vulnerable or commonly abused ports.

Port 25, commonly used for unsolicited email (spam), is an unsecured port that the Federal Trade Commission (FTC) and International Telecommunication Union (ITU) recommend ISPs restrict or block. Customers requiring outbound mail services should use authenticated SMTP on port 587 or another secure alternative.

DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)

KIZA, Inc. complies with the Digital Millennium Copyright Act, 17 U.S.C. §512(c), and has designated the following agent to receive notifications of claimed copyright infringement:

DMCA Notifications
KIZA, Inc.
162 White Oak Rd
Santa Ynez, CA 93460
Email: support@kizawireless.com
Phone: (805) 697-1800

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KIZA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM USE OF OR INABILITY TO USE THE SERVICE.

KIZA’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT PAID BY THE CUSTOMER FOR SERVICE DURING THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

DISPUTE RESOLUTION

Informal Resolution: Customers agree to attempt informal resolution with KIZA for at least 30 days prior to filing any claim.

Binding Arbitration: Except where prohibited by law, disputes shall be resolved by binding arbitration administered by JAMS in Santa Barbara County, California. KIZA will pay arbitration fees in excess of what the customer would pay to file in state court, unless the claim is deemed frivolous or brought for an improper purpose.

Class Action Waiver: YOU AND KIZA AGREE TO BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS PART OF ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.

Small Claims Exception: Either party may bring an individual action in small claims court.

Opt-Out: Customers may opt out of arbitration by providing written notice within 30 days of first accepting these Terms.

GOVERNING LAW

This Agreement is governed by the laws of the State of California, without regard to conflict-of-law principles. Venue for any non-arbitrated dispute shall be Santa Barbara County, California.

ELIGIBILITY

You must be at least 18 years of age to subscribe to KIZA services. By subscribing, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into this Agreement.

PRIVACY

Use of the Service is governed by KIZA’s Privacy Policy at kizainternet.com/privacy. California residents have additional rights under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA), as described therein.

SEVERABILITY, WAIVER, ASSIGNMENT, AND SURVIVAL

If any provision of this Agreement is held unenforceable, the remaining provisions shall remain in full force and effect. Failure to enforce any provision shall not constitute a waiver. KIZA may assign this Agreement without notice. Provisions that by their nature should survive termination shall survive.