Effective as of January 2023
Welcome to ZENTRO. Please read the following customer agreement (this “Agreement”) before signing up for a ZENTRO account or using any ZENTRO services. This Agreement is a legally binding agreement between you (as an entity or person) and ZENTRO, regarding your use of our web site www.ZentroInternet.com (which we refer to as our “Site”), any of our mobile apps, our account management app, our login screen and any/all other internet-based or other screens, and other services provided by ZENTRO (for purposes of this Agreement, we refer to all of these collectively as our “Services”) – so please read carefully. The terms “we,” “us,” “our,” and “the Company” refer to ZENTRO. “You” refers to you, as a user of our Site or our Services.
These Terms will be read in conjunction with any other written agreement you enter into with us. In the event of any ambiguity or conflict between these Terms and an agreement specific to you, the specific agreement will control.
- ABOUT OUR SERVICES
Our Services include the provision of internet services, as they may exist from time to time, to residents of multi-unit dwellings (such as apartments and condominiums); and businesses. By using various ZENTRO Services, our customers may upload and download web content and access video services. For additional information, please visit our Site.
- REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE
To register for the Services and establish an account:
If you would like to register/establish an account on behalf of an individual, you need to be at least 18 years old or otherwise lawfully permitted to enter into and form contracts under applicable law. If you would like to register/establish an account on behalf of the property manager of a multi-unit dwelling or on behalf of a business, you need to be a representative of that entity authorized to represent that entity; use the Services; and to agree to these Terms of Service.
Whether you would like to use the Services on behalf of an individual or an entity, you agree that the information that you provide to us upon registration, and at all other times, will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address.
If you are a user who signs up for the Services, you will create a personalized account which includes a unique username and a password to access the Services and to receive messages from the Company. You agree to notify us immediately of any unauthorized use of your password and/or account. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your name, password, and/or account.
We retain the right, at our sole discretion, to deny service or use of the Site and/or Services or an account to anyone at any time and for any reason or no reason. Although we use reasonable efforts to keep the Site and your account accessible, the Site and/or your enrollment may be unavailable from time to time. You understand and agree that there may be interruptions in service or events, Site access, or access to your enrollment due to circumstances both within our control (e.g., routine maintenance) and outside of our control. By way of example only, you agree that the Site/Services may not be available on your mobile device and that, if you use a mobile device, you are subject to the terms of your agreement with your mobile carrier and may incur charges from your mobile carrier, which are solely your responsibility. You agree that we will not be liable to you or to any third party for any inability of you to access the Site/Services or for any modification, suspension, or discontinuance of the Site or the services offered through it.
- SUBSCRIPTION AND GOVERNING LAW
Our invitation to you to order a subscription to the Services is not an “offer” by us to sell you a subscription at the prices on the Site or advertised here. Instead, when you complete any registration form, you make an offer to us to buy a subscription, which we can accept or reject. The order is finalized (and a legal contract is created between us) when we accept your order and/or you are granted access to the Services. If there is a mistake in the subscription pricing on the Site then, when we receive your order we will email you and set out the correct price and give you the opportunity to request a subscription at that price or you may decide not to subscribe. For the avoidance of doubt, any contract for the provision of the Services will be deemed to have been executed and performed in the State of Illinois, United States of America. Further, any such contract will be interpreted, construed and enforced in all respects in accordance with the laws of the State of Illinois, United States of America, without giving effect to conflict of laws provisions thereof.
- PAYMENT OBLIGATIONS
If you are the party paying for Services, you must (i) provide ZENTRO with accurate and complete billing information including legal name, address, telephone number, and credit or debit card/billing information, and (ii) report to ZENTRO all changes to this information within 30 days of the change. You are responsible for any charges to your account. If you have questions regarding charges to an account, you should contact ZENTRO’s Customer Service Department at 877-ZENTRO-1 or by email at support@ZentroInternet.com.
Charges are billed to your credit or debit cards for usage of the Services. You hereby authorize ZENTRO to charge any credit card you may have on file with us for the full amount of the charges owing by you from time to time. ZENTRO is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by ZENTRO. All charges are considered valid immediately upon billing of such charges.
No refunds will be provided under any circumstance. All Services are paid for, are available to be utilized, and may be canceled, on either a month-to-month or annual basis, as agreed to at or prior to the commencement of our provision to you of Services. Given these conditions, under no circumstance will a credit, refund or adjustment be provided to you by ZENTRO. You agree not to withhold from or offset against any amount owing to us for any reason. You also agree to address any and all claims solely with us and not to initiate, under any set of circumstances, charge refusals or charge-backs with credit card issuers, and you agree to indemnify us for any expenses or damages we may suffer on account the initiation by you of any such charge refusal or charge-back.
Unless another party pays for Services (for example, Services are paid for by your condominium association, apartment building, or the owner of the property in which you receive Services), if payment cannot be charged to your credit or debit card or your charge is returned to ZENTRO for any reason, ZENTRO reserves the right to pursue any and all legal remedies to collect the amount owed by you, to suspend or terminate your access to the Services and your account, and to terminate all obligations of ZENTRO under this Agreement. You agree to pay, in connection with any past due balance, (i) a late payment charge of 1½ percent per month, but not in excess of the lawful maximum, and (ii) all costs incurred by us in collecting such past due balance, including, without limitation, court and arbitration costs and attorney’s fees.
Free trials for individuals: Any free trial period of your subscription lasts for one month, or as otherwise specified during sign-up. Free trials may not be combined with any other offers. You must have a current valid accepted payment method as indicated during sign-up (the “Payment Method”), to use the Services. We will begin billing the Payment Method for your monthly subscription fees at the end of the free trial period of your subscription unless you cancel prior to the end of the free trial period. To review the specific details of your subscription, including monthly subscription price and end date of your free trial period, refer to the email sent to you from ZENTRO outlining the service agreement. Your Payment Method will be authorized for up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your free trial period. You will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun. We will continue to bill your Payment Method on a monthly basis for your subscription fee until you cancel. You may cancel your membership at any time; however, there are no refunds or credits for partially used periods.
Leasing wireless routers for individuals: ZENTRO offers its customers the option to lease wireless routers (the ZENTRO Wi-Fi Router(s)) for a minimum initial term of 12-months, followed by successive monthly renewal terms until terminated by ZENTRO or Customer. In the event that you lease a ZENTRO Wi-Fi Router and fail to return the ZENTRO Wi-Fi Router to ZENTRO within thirty (30) days following the termination of your lease, you will be assessed the full retail cost of the ZENTRO Wi-FI Router, not to exceed $100 and you agree to pay such amount immediately. Additionally, if you lease a ZENTRO Wi-Fi Router and terminate the lease or cease making your monthly lease payments during the initial 12-month term of the lease, you will be assessed a product return shipping fee of $25. We may offer a number of membership plans, including special promotional plans or memberships with different limitations. We reserve the right to modify, terminate or otherwise amend our offered membership plans.
- LENGTH OF AGREEMENT
Once your order is finalized, you cannot cancel it unless the Services are not in accordance with this Agreement (or other written agreement specific to you, as referenced in the Introduction to these Terms) and that fact entitles you under normal legal rules to terminate your order. Notwithstanding the above, your order is on a period-by-period basis and therefore you can simply not continue for another period if you are unsatisfied with the Services. The Services are recurring and continue automatically. To cancel or terminate any of the Services, you will need to send an email to email@example.com with your full name, full address, your requested date of cancellation and the service that you are currently subscribed to, at which point we will process your account (as appropriate) for cancellation.
- ACCESS TO SERVICES
We will use reasonable efforts to provide access to the Services for which you have paid. However, if the Services include any wireless transmission, ZENTRO will use its best efforts to provide useful and reliable wireless internet service (“Wi-Fi”) meeting or exceeding industry standards for wireless speed and downtime. However, you acknowledge that Wi-Fi utilizes public, unlicensed radio frequency spectrum and that it is therefore subject to external interferences, environmental influences, and other factors and variables beyond ZENTRO’s reasonable control. Actual performance in any particular office, home, apartment or other space may vary, and may be affected by the following: (A) individual and cumulative upload and download data amounts; (B) general bandwidth congestion; (C) performance, configuration, and functionality of the resident’s Wi-Fi devices and wireless cards (including, but not limited to memory, storage and other limitations); (D) obstructions and distances between your Wi-Fi device and ZENTRO’s access points; (E) non-ZENTRO Wi-Fi routers; (F) transmission and equipment limitations, failures, maintenance or repair; and (G) error by you. Wi-Fi connection may also be interrupted or limited for such reasons. ZENTRO is not responsible for data lost or misdirected due to these and other foreseeable and unforeseeable factors. All speeds advertised are purely estimates and is not an indication of the speed at which your Wi-Fi device or the network will operate. The actual speed of the network and other performance will vary. We do not operate any wireless or other networks ourselves; instead we obtain access for you to the networks of a number of network operators. Because we do not control the networks and other equipment that provides you access to the networks, we cannot guarantee that wireless access will be available to you at all locations all of the time or that the access will be at any particular bandwidth rate. Accordingly, we are not responsible to you if you cannot access wireless networks and hotspots, or if access is temporary or available bandwidth is lower than expected.
- USE RESTRICTIONS; TERMINATION
Your permission to use the Services is conditioned upon the following use, posting and conduct restrictions:
You agree that you will not under any circumstances:
- access the Services for any reason other than your non-commercial use solely as permitted by the normal functionality of the Services;
- collect or harvest any personal data of any user of the Site or the Services;
- use the Site or the Services for the solicitation of business in the course of trade or in connection with a commercial enterprise;
- distribute any part or parts of the Site or the Services without our explicit written permission (we grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly-available searchable indices but retain the right to revoke this permission at any time on a general or specific basis);
- use the Services for any unlawful purpose or for the promotion of illegal activities;
- attempt to, or harass, abuse or harm another person or group;
- use another user’s account without permission;
- intentionally allow another user to access your account;
- provide false or inaccurate information when registering an account;
- interfere or attempt to interfere with the proper functioning of the Services;
- make any automated use of the Site, the Services or the related systems, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- bypass any robot exclusion headers or other measures we take to restrict access to the Services, or use any software, technology, or device to scrape, spider, or crawl the Services or harvest or manipulate data;
- circumvent, disable or otherwise interfere with any security-related features of the Services or features that prevent or restrict use or copying of content, or enforce limitations on use of the Services or the content accessible via the Services; or
- publish or link to malicious content of any sort, including that intended to damage or disrupt another user’s browser or computer.
We reserve the right to terminate your registration, your account, and your use of the Services for any reason or for no reason, in our sole discretion, including but not limited to because of concerns that the use of your account is unauthorized, fraudulent or otherwise unlawful; that the use of your account involves theft, misconduct, abusive or offensive behavior, or supplying false or misleading information; and/or that you may have breached and part of these Terms. If your account is terminated for any reason or no reason, you agree: (a) to continue to be bound by these Terms; (b) to immediately stop using the Site; (c) that we reserve the right but have no obligation to delete your information and account data stored on our servers; and (d) that we are not liable to you or to any third party for termination of your access to the Site or deletion of your information or account data.
- POSTING AND CONDUCT RESTRICTIONS
When you create your account, you may be able to provide certain content (“User Content”) to the Services. You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Services.
You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. The Company, however, reserves the right to remove any User Content from the Service at its sole discretion.
We grant you permission to use and access the Services, subject to the following express conditions surrounding User Content. You agree that failure to adhere to any of these conditions constitutes a material breach of these Terms.
By transmitting and submitting any User Content while using the Services, you agree as follows:
- You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
- You will not post information that is malicious, libelous, false or inaccurate;
- You will not post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
- You retain all ownership rights in your User Content but you are required to grant the following rights to the Site and to users of the Service as set forth more fully under the “License Grant” and “Intellectual Property” provisions below: When you upload or post User Content to the Site or the Service, you grant to the Site a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service; and you grant to each user of the Service, a worldwide, non-exclusive, royalty-free license to access your User Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content to the extent permitted by the Service and under these Terms of Service;
- You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, or others, unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. The Site is not responsible for any public display or misuse of your User Content.
The Site does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service or with other Users.
- ONLINE CONTENT DISCLAIMER
Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by the Site, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.
We do not guarantee the accuracy, completeness, or usefulness of any information on the Site or the Services nor do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by other parties. We take no responsibility and assume no liability for any User Content that you or any other user or third party posts or sends via the Services. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to users.
- LINKS TO OTHER SITES AND/OR MATERIALS
Without limiting any of the foregoing, ZENTRO does not control any materials, information, products, or services on the internet. The internet contains unedited materials, some of which are sexually explicit or may be offensive to you. ZENTRO has no control over and accepts no responsibility for such materials. You assume full responsibility and risk for accessing content via the Services and the internet and are solely responsible for evaluating the accuracy, completeness, and usefulness of all services, products, and other information, and the quality and merchantability of all merchandise provided through the Services or the internet. In addition, viruses and other malicious code are common on the internet and on email. Because we do not control the networks and other equipment that gets you access to the networks, we cannot protect your equipment against viruses and strongly recommend you obtain up-to-date anti-virus and firewall software to protect your equipment.
- COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
Termination of Repeat Infringer Accounts: We respect the intellectual property rights of others and require that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Services who are repeat infringers. We may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
DMCA Take-Down Notice: If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Services infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to the our designated copyright agent at firstname.lastname@example.org:
- The date of your notification;
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
- A statement that you have 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
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Counter-Notices: If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
- Your physical or electronic signature;
- A description of the content that has been removed and the location at which the content appeared before it was removed;
- A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Illinois and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by our copyright agent, we may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in our sole discretion) be reinstated on the Site in ten (10) to fourteen (14) business days or more after receipt of the counter-notice.
- LICENSE GRANT
By posting any User Content via the Services, you expressly grant, and you represent and warrant that you have a right to grant, to the Company a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.
- INTELLECTUAL PROPERTY
- EMAIL MAY NOT BE USED TO PROVIDE NOTICE
Communications made through the Service’s email and messaging system will not constitute legal notice to the Site, the Service, or any of its officers, employees, agents or representatives in any situation where legal notice is required by contract or any law or regulation.
- USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
We may also use your email address to send you other messages, including information about the Site or the Service and special offers. You may opt out of such email by changing your account settings, using the “Unsubscribe” link in the message, or by sending an email to email@example.com or mail to the following postal address:
420 North May Street, Chicago IL 60642
Opting out may prevent you from receiving messages regarding the Site, the Service or special offers.
- WARRANTY DISCLAIMER
THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
- LIMITATION OF DAMAGES
RELEASE TO THE EXTENT PERMITTED BY APPLICABLE LAW: IN NO EVENT SHALL THE SITE, THE SERVICES, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM: (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICES; (C) THE SERVICES GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICES AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH USE OR WITH ANY OTHER USER OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
If you have a dispute with one or more users, or any other third party, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
If you are a California resident using the Service, you may specifically waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
- GENERAL TERMS
You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.