Acceptable Use Policy
This Acceptable Use Policy applies to all persons and entities (collectively, "customers") using the products and services of Zeta Broadband Inc., ("Zeta") including Internet service. The policy is designed to protect the security, integrity, reliability, and privacy of both the Zeta network and the products and services Zeta offers to its customers. Zeta reserves the right to modify this policy at any time, effective immediately upon posting of the modification. Your use of Zeta's products and services constitutes your acceptance of the Acceptable Use Policy in effect at the time of your use. You are solely responsible for any and all acts and omissions that occur during or relating to your use of the service, and you agree not to engage in any unacceptable use of the service.
What Uses are Prohibited?
Unacceptable use includes, but is not limited to, any of the following:
- Posting, transmission, re-transmission, or storing material on or through any of Zeta's products or services, if in the sole judgment of Zeta such posting, transmission, re-transmission or storage is: (a) in violation of any local, state, federal, or non-United States law or regulation (including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations); (b) threatening or abusive; (c) obscene; (d) indecent; or (e) defamatory. Each customer shall be responsible for determining what laws or regulations are applicable to his or her use of the products and services.
- Installation or distribution of "pirated" or other software products that are not appropriately licensed for use by customer.
- Resale of Zeta's products and services without the express prior written consent of Zeta (unless you are an authorized wholesaler).
- Deceptive marketing practices.
- Actions that restrict or inhibit anyone - whether a customer of Zeta or otherwise - in his or her use or enjoyment of Zeta's products and services, or that generate excessive network traffic through the use of automated or manual routines that are not related to ordinary personal or business use of Internet services.
- Introduction of malicious programs into the Zeta network or servers or other products and services of Zeta (e.g., viruses, trojan horses and worms).
- Causing or attempting to cause security breaches or disruptions of Internet communications. Examples of security breaches include but are not limited to accessing data of which the customer is not an intended recipient, or logging into a server or account that the customer is not expressly authorized to access. Examples of disruptions include but are not limited to port scans, flood pings, packet spoofing and forged routing information.
- Executing any form of network monitoring that will intercept data not intended for the customer.
- Circumventing user authentication or security of any host, network or account.
- Interfering with or denying service to any user other than the customer's host (e.g., denial of service attack).
- Using any program/script/command, or sending messages of any kind, designed to interfere with, or to disable a user's terminal session.
- Failing to comply with Zeta's procedures relating to the activities of customers on Zeta-owned facilities.
- Furnishing false or incorrect data on the order form contract (electronic or paper) including fraudulent use of credit card numbers or attempting to circumvent or alter the processes or procedures to measure time, bandwidth utilization or other methods to document "use" of Zeta's products or services.
- Sending unsolicited mail messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material, who were not previous customers of the customer or with whom the customer does not have an existing business relationship (e.g., E-mail "spam"); or distributing, advertising or promoting software or services that have the primary purpose of encouraging or facilitating unsolicited commercial E-mail or spam.
- Harassment, whether through language, frequency, or size of messages.
- Unauthorized use or forging of mail header information.
- Solicitations of mail or any other E-mail address other than that of the poster's account or service, with the intent to harass or collect replies.
- Creating or forwarding "chain letters" or other "pyramid schemes" of any type.
- Use of unsolicited E-mail originating from within the Zeta network or networks of other Internet Service Providers on behalf of or to advertise any service hosted by Zeta or connected via the Zeta network.
- Exporting, re-exporting, or permitting downloads of any content in violation of the export or import laws of the United States or without all required approvals, licenses and exemptions.
No failure or delay in exercising or enforcing this policy shall constitute a waiver of the policy or of any other right or remedy. If any provision of this policy is deemed unenforceable due to law or change in law, such a provision shall be disregarded and the balance of the policy shall remain in effect.
Zeta Broadband provides unlimited data and does not charge overage fees or impose restrictions based on data usage.
Upon notification of the existence of an abusable resource (e.g., open news server, unsecured mail relay, or smurf amplifier), the customer shall immediately take all necessary steps to avoid any further abuse of such resource. Any abuse of an open resource that occurs after the customer has received such notification shall be considered a violation of this policy and enforced as such.
Zeta may immediately suspend and/or terminate the customer's service for violation of any provision of this policy upon verbal or written notice, which notice may be provided by voicemail or E-mail. Prior to suspension or termination, Zeta attempts to work with our customers to cure violations of this policy and ensure that there is no re-occurrence; however, Zeta reserves the right to suspend or terminate based on a first offense.
Electronic Communications Privacy Act Notice
Zeta makes no guarantee of confidentiality or privacy of any information transmitted through or stored upon Zeta technology, and makes no guarantee that any other entity or group of users will be included or excluded from Zeta's network. In addition, Zeta may periodically monitor transmissions over its network for maintenance, service quality assurance or any other purpose permitted by the Electronic Communications Privacy Act, P.L. No. 99-508, as amended.
If you are unsure of whether any contemplated use or action is permitted, please contact Zeta at firstname.lastname@example.org or call (916) 354-0190.
Terms of Service
This Wireless Network Subscriber Agreement ("Agreement") is made and entered into by and between Zeta Broadband Inc., ("Zeta") and Customer and shall become effective upon successful installation by Zeta at Customer's service address. This Agreement incorporates by reference the Rates and Charges applicable to the Bandwidth Plan and Equipment Plan selected by Customer while completing our on line signup form and set forth herein, and any Bandwidth Plan subsequently put into effect by Zeta and selected by Customer.
- "Customer", for purposes of this Agreement, shall be defined as a single individual, corporation, partnership, or other entity, or any subsidiary or branch office, which operates or resides at a single physical location (street address) and makes use of a device or devices at that single location in order to use the services provided by Zeta under this Agreement.
- "Device", for purposes of this Agreement, shall be defined by its MAC address or as any equipment that may have or could be assigned either a dynamic or static Internet Protocol Address for purposes of the services provided by Zeta under this Agreement.
- Duties of Zeta
- Availability of the Service
- Billing and Disputes
- Customer agrees to pay all applicable charges, including monthly service and use charges and any local, state, or federal taxes imposed on such charges whether now in effect or levied in the future. Service charges will be billed from the date of activation, and monthly thereafter. Customer must pay monthly service fees by credit card or a Visa/MasterCard logo Debit card. Any inquiries, objections and complaints regarding invoices or other matters should be directed to Zeta in writing (email is acceptable). If Zeta does not receive objections in writing or email within fifteen (15) days after the disputed charge from Customer, the charge shall be deemed correct and binding upon Customer.
- When a customer's service is activated, the billing will begin on that day. Customer receives an email confirmation of charges that will appear on the credit card statement for the month, if Zeta has notice of a functioning email address. Customer startup fees (installation or hardware charges) will appear separately on the customer’s credit card statement.
- Zeta retains the right to credit/refund customers for service outages based on legitimate network outages or issues based on Zeta defined criteria. Credits/refund amounts are based on per day pricing specific to each plan. Customer is responsible for reporting outages at their location in a timely manner as to allow Zeta the opportunity to correct any "Zeta caused" outage. Zeta will not credit/refund for customer outages that are caused by customer owned hardware, customer performed actions, customer system or configuration changes, or new software at location. Please contact us at 916.354.0190 x 1 or email@example.com.
- Customer billing statements must be requested. Automatic billing notifications will be sent as credit cards are charged to the customers primary Zeta email address.
- If Customer charge card is declined and no updated information (card numbers, expiration dates, name changes), or account balance remedies are made by Customer for 30 days, Zeta will terminate the connection. Customer can re-establish connection by paying a $25 re-connection fee.
- Limitation of Zeta Liability
- Customer expressly agrees that the use of the Zeta High-Speed Internet connection are at the customer's sole risk. This connection and the Internet are provided "AS IS" and "AS AVAILABLE" for your personal use, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. Zeta provides the Zeta Internet service on a commercially available and reasonable basis and does not guarantee customers will be able to access the service at a time or location of their choosing.
- A credit allowance will not be given for mistakes, omissions, interruptions, delays, errors, defects or curtailments in Service caused by the negligence or willful act of Customer or others.
- Zeta shall in no event be liable for Service interruption or delays in transmission, errors, or defects, or curtailments in Service transmission, or failure to transmit service when caused by acts of God including but not limited to icing, fire, war, riots, Governmental authorities or other causes beyond Zeta's control.
- THE LIABILITY OF ZETA IN CONNECTION WITH THE SERVICE PROVIDED BY ZETA IS SUBJECT TO THE FOREGOING LIMITATIONS AND ZETA MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FORA PARTICULAR PURPOSE, AS TO THE PROVISION OF SUCH SERVICE.
- In the event that Zeta installs the equipment at Customer's location, it shall warranty the equipment for ninety (90) days from date of installation and shall provide a ninety (90) day warranty on its workmanship. Zeta offers an extended warranty on equipment and workmanship at optional additional monthly fee after the standard warranty expires.
- When Zeta, or its designee, installs equipment at the customer's property, Zeta or its designee, will be responsible only for any actual damage to property that may occur and will compensate only for reasonable cost not to exceed $500.00. Where computer equipment is involved, the customer is responsible for maintaining proper data back-up procedures prior to equipment installation or subsequent service maintenance to assure no loss of data. Under no circumstances will Zeta or its designee be responsible for data loss or hardware damage that occurs during installation or subsequent service maintenance.
- Appropriate Use of Service
- Disconnection and Termination of Service by Zeta for Cause
- Upon non-payment of any sum when due Zeta or upon a violation of any of the conditions governing the furnishing of Service, whether such non-payment or violation is pursuant to this Agreement or any other Agreement between Customer and Zeta. Zeta may upon notice to Customer in writing or by telephone without incurring any liability to Customer, either temporarily discontinue or permanently terminate the furnishing of Service to Customer at Zeta's sole discretion, either in whole or in part.
- Service may be refused, discontinued, or terminated without notice in the event the Service is used in such a manner that will adversely affect Zeta's service to any of its other users or if it is determined by Zeta that Customer's Equipment adversely affects Zeta's service to any of its other users. This includes excessive P2P (peer to peer) network usage, servers, or heavy use for the purpose of running a business. Zeta offers business solutions and pricing options for such customers.
- Customer will pay attorneys' fees, collection fees, and similar expenses incurred by Zeta in the enforcement of any right or privilege hereunder. In addition, Customer shall pay interest at the rate of 1.5% per month on any charges on which Customer is delinquent in payment. All other provisions herein not withstanding, Zeta reserves the right to interrupt and or disconnect service of Customer at any time for any reason.
- Equipment and Maintenance
- Zeta leases the equipment necessary (based on a specific or special offering) to access Zeta's network for a one time activation fee.
- Zeta maintains only Zeta supplied hardware for the warranty period of 90 days. Once signal is confirmed at Zeta hardware, Customer is solely responsible for the home network or connected computer or network hardware. Zeta may provide courtesy troubleshooting or initial connection of Ethernet to Customer computer, however, additional network or PC updates, fixes or enhancements will be provided at an additional cost to customer.
- Any costs incurred in retrieving any equipment, as a result of Customer's failure to pay for such equipment, whether equipment is being purchased or provided, including reasonable attorney's fees and costs, shall be paid by Customer.
- Zeta shall be responsible for maintenance of all equipment provided by Zeta so long as the equipment is still under warranty and the maintenance is not required as a result of Customer's misuse or abuse of such equipment in which case Customer shall be responsible for maintenance and/or repairs and liable to Zeta for any damages thereto. Once the warranty expires on purchased or leased equipment, Customer shall be solely responsible for all maintenance and repairs thereto.
- Customer will provide reasonable access to Zeta hardware. Zeta will notify customer of required maintenance and will schedule service appointment.
- In the event that Customers computers are configured in a Local Area Network, Customer agrees that the Customer shall be responsible to configure, at its expense, its network with a dedicated Ethernet card so that data requests intended to be confined to its LAN are not broadcast across Zeta's Wireless Network.
- Rates and Charges
- Term of Agreement
- Zeta Month-to-Month plan. This Agreement shall become effective on the date that Zeta activates service at Customer's location and shall continue in effect for 30 days from the date of activation. Any requests for cancellation of the Service or other communications with Zeta must be submitted in writing thirty (30) days prior to the next billing date. This statement must include Customer Name, Address, Apartment Number and Customer's signature. If the Customer cancels service, or vacates the location without the required notice, the entire month is charged and no refunds or credits will be issued. Please contact us at 916.354.0190 x 1 or firstname.lastname@example.org.
- Customer shall remain responsible for all outstanding charges and fees for service rendered following the termination, cancellation, or expiration of the initial term or any renewal thereof.
- If Customer charge card is declined and no updated information (card numbers, expiration dates, name changes), or account balance remedies are made by Customer for 30 days, Zeta will terminate the connection. Customer can re-establish connection by paying a $25 re-connection fee.
- Service Cancellation Notice
- Governing Law
- Entire Agreement
Zeta will provide the services provided herein (the "Service") to Customer upon the terms and conditions at the rates and charges specified herein or then in effect.
The Service provided by Zeta is "Fixed Wireless Internet Access" operating in the Unregulated Frequencies. The Service shall be available to Customer when within the effective working range of Zeta's wireless network. Service may be temporarily unavailable or limited because of capacity limitations, and is also subject to transmission limitations caused by atmospheric and other natural or artificial conditions adversely affecting transmissions. Services may also be temporarily interrupted or curtailed due to equipment modifications, upgrades, relocation, repairs, and similar activities of Zeta necessary for the proper or improved operation of the Service. As part of the service Zeta will provide access to the Internet to each device, which is directly connected to Zeta's network. Zeta is not responsible for providing Internet connectivity to any devices that are not directly connected to its Wireless Network or that share a connection to its network via a Local Area Network, nor is Zeta responsible to provide any networking services to the Customer other than Internet Access as previously stated. All networking services required by Customer to devices including router, switch, wireless access point, or other networking (multiple computer) setups are NOT the responsibility of Zeta. Hardware, Installation and/or consultation, maintenance, or repair services are offered at an additional cost for Local Area Network configuration.
Customer hereby acknowledges that it understands that the bandwidth and connection speed represents that maximum bandwidth available to each customer and that its actual connection speed is likely to vary based on actual internet traffic and other uncontrollable internet backbone issues. Customer understands that Zeta provides no guarantee that the bandwidth and connection speed will be achieved during normal operation.
Zeta will take all reasonable steps to keep its service in full, working order. However, nothing in this agreement shall be construed as a guarantee of continuous, uninterrupted service. Zeta makes no guarantee against loss of business or loss of data, personal internet or PC security either by the reseller or its customers, due to downtime. Zeta controls access to the Zeta network. Zeta will perform due diligence to provide security for Customers, however, Customer PC security and protection from viruses, hackers, or any other possible invasive PC attacks is the sole responsibility of the customer. At the time of Installation of Service, Zeta or its designee shall perform a signal test at the Customer location. If, in the professional opinion of Zeta, or its designee, adequate signal is available, this Agreement shall remain in full force and effect and the parties shall enjoy their rights and perform their duties as provided herein. If, however, in the professional opinion of Zeta, or its designee, adequate radio signal is not available, the Customer shall have the option to terminate this Agreement or enter into a new Subscriber Agreement. In the event the original Agreement is terminated, by the Customer, and the Customer does not enter into a subsequent or revised Subscriber Agreement, Zeta shall credit Customer's account for all amounts collected by Zeta, or its designee. In the event the original Subscriber Agreement with a particular customer is voided, and a new Subscriber Agreement is obtained by Zeta, or its designee, the amount collected pursuant to the original Subscriber Agreement shall be credited to the Customer's account and Zeta shall collect the balance due from the Customer, if any, prior to the activation of service.
If the amount due prior to activation pursuant to the revised Subscriber Agreement is less than the amount collected pursuant to the original Subscriber Agreement Zeta shall credit the Customer's account the difference.
The Service is designed and priced for residential customers and is not offered as a business solution, network server, or P2P peer-to-peer network server solutions. The Service is for use by Customer for any lawful purpose. The Service shall not be used to make foul or profane expressions, to impersonate another person with fraudulent or malicious intent, to contact or transmit information in any form to another person as to annoy, abuse, threaten, or harass such other person, or for any purpose in violation of law, or in such manner as to interfere unreasonably with the use of the Service by any of Zeta's users.
Customers shall be charged for the services provided by Zeta in accordance with the effective Bandwidth Plan. Sub-licensing to third parties or nearby neighbors is prohibited. Re-broadcasting, pirating, or sharing signal beyond the Customers residence is prohibited. Zeta reserves the right to monitor bandwidth of each account to ensure single party usage of the connection. Customer hereby agrees to pay Zeta $10,000 for each such violation.
Customer agrees to pay Zeta monthly service fees as provided in this Agreement. Prior to activation of service, Customer agrees to pay Zeta a one-time installation, setup, and/or hardware fee. Thereafter, the Monthly fees will be charged until termination of the Month to Month Agreement. Upon proper cancellation, Customer shall immediately return, in satisfactory condition, any equipment provided by Zeta, and Customer hereby grants Zeta reasonable access to his/her/its premises for the purpose of removal of any equipment. Zeta reserves the right to modify or delete any rate plan at its sole discretion with at least 30 day notification to customer.
Any requests for cancellation of the Service or other communications with Zeta must be submitted in writing thirty days (30) prior to the next billing date. This statement must include Customer Name, Address, Apartment Number and Customer's signature. If the Customer cancels service, or vacates the location without the required notice, the entire month is charged and no refunds or credits will be issued. Please contact us at 916.354.0190 x 1 or email@example.com.
A cancellation fee of will be assessed if Customer refuses to allow Zeta to recover leased equipment. This fee will be assessed at the full retail price of Zeta Property that is not returned to Zeta. Please contact us at 916.354.0190 x 1 or firstname.lastname@example.org.
This Agreement shall not be assigned in whole or in part by Customer and any attempt to do so shall be deemed a breach of this Agreement by Customer and Zeta shall have the right of disconnection and termination as allowed herein. Zeta may, however, assign all of its rights, duties, and obligations hereunder to any third party. The "Internet" connection provided by Zeta shall not be used/shared beyond the customers' property or business location. Customer agrees to not share this connection with other users through the use of any wireless network equipment not authorized by Zeta.
Any failure on the part of either party hereto to exercise, not to exercise, or to delay in exercising, any right, power, or remedy hereunder shall not operate as a waiver thereof.
Due to the nature of radio communications, privacy of data transmissions conducted by wireless networks cannot be guaranteed and Customer agrees that it is solely responsible for security of its data and that it shall indemnify, defend and hold harmless Zeta and its Licensor from and against any and all suits, actions, proceedings or allegations of breaches in its security which may in any way be related to Zeta's Network.
This Agreement is subject to applicable Federal laws, Federal or State tariffs, if any, and the laws of the State of California. Any lawsuit against Zeta must be brought in Sacramento County, California. Where Zeta's service, terms and conditions are regulated by California State and or Federal law, and if there are inconsistencies between this Agreement and the State or Federal law, the State or Federal law will amend this Agreement.
This Agreement, the Schedule of Rates and Charges executed by the parties hereto supersedes all prior discussions and Agreements between the parties with respect to the subject matter hereof and contains the sole and entire Agreement between the parties with respect to the matters covered hereby.
This Agreement can be changed at any time by Zeta Broadband. to view the up to date agreement visit our Terms of Service page.
RESTORING INTERNET FREEDOM ORDER DISCLOSURES
In accordance with the Transparency Rule of the 2018 FCC Restoring Internet Freedom Order, Zeta Broadband, Inc. ("Zeta") is required to disclose certain information regarding particular aspects of our service.
NETWORK MANAGEMENT POLICIES
Regardless of any of the items listed below, Zeta reserves the right to use Reasonable Network Management practices to ensure that all customers receive quality service. Zeta uses various tools and techniques to manage its network, deliver its service, and ensure compliance with the Acceptable Use Policy and the Terms of Service. These tools and techniques are dynamic and can and do change frequently. Network management activities may include, but not be limited to, identifying spam, preventing and detecting malicious Internet traffic, and preventing the distribution of, or inadvertent access to, malware, phishing, viruses, or other harmful code or content.
- Blocking: Zeta does not engage in any practice that blocks or otherwise prevents end user access to lawful content, applications, services, or non-harmful devices, subject to reasonable network management.
- Throttling: Zeta does not engage in any practice that degrades access to lawful internet traffic based on content, application, service, user, or use of non-harmful devices, subject to reasonable network management.
- Affiliated Prioritization: Zeta does not engage in any practice that directly or indirectly favors some traffic over other traffic, including through use of techniques such as traffic shaping, prioritization, or resource reservation, to the benefit an affiliate.
- Paid Prioritization: Zeta does not engage in any practice that directly or indirectly favors 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.
- Congestion Management: In order to provide customers with the best possible experience, Zeta uses equipment which prioritizes latency sensitive applications (such as VoIP and online gaming) above other traffic. This prioritization is performed upon the classification of such traffic; no other factors are considered in determining whether or not such traffic is prioritized. If no latency sensitive traffic is being sent or received, all traffic is given the same priority. Zeta does not engage in any practice to impose penalties for bandwidth consumption for reasonable household use.
- Application-Specific Behavior: Zeta does not engage in any practice to block or rate-control specific protocols or protocol ports, modify protocol fields in ways not prescribed by the protocol standard, or otherwise inhibit or favor certain applications or classes of applications, subject to reasonable network management.
- Device Attachment Rules: Zeta supplies customer premise equipment (CPE) to all users of its services. Zeta does not engage in any practice to restrict the types of devices that connect to the CPE supplied by Zeta; however, the equipment must be fully compliant with PPPoE per RFC 2516 in order to be used with the service.
- Security: Zeta does not engage in any practice that could possibly jeopardize network security or customer information. Zeta employs a variety of industry-standard security practices on the network to ensure customer protection. In order to protect our customers, Zeta blocks a limited number of ports that are commonly used to send spam, launch malicious attacks, or steal a customer’s information. Zeta monitors overall network activity to detect potential intrusion and denial of service attacks. Additionally, end-users whose systems are compromised and/or are sourcing malicious traffic may be contacted and/or have their service suspended until the offending system is secured. We may block traffic to or from individual customers who are targeted by an in-progress denial of service attack, and when such traffic is impacting network elements shared by other customers.
Service Description: Zeta provides internet access via fixed wireless, digital subscriber line (DSL), and fiber optic cable. Actual speeds vary by location and product selected. See our website for details.
Impact of Specialized Services: No specialized services which affect last-mile capacity are currently offered.
Pricing: Zeta offers a variety of products at a range of price points. Products offered are based on geographical availability at the service address. To see product availability and pricing for your area, please visit https://www.zetabroadband.com.
Privacy Policies: Customer browsing information is not stored. Network traffic management practices include automated traffic classification and protocol flow analysis (header information only) as required to plan peering, transit and enforce network security (i.e. denial-of-service prevention and tracking). No traffic information is provided to third parties
Any comments, complaints, or concerns regarding this document may be sent via e-mail to email@example.com; our phone representatives are unable to answer questions regarding this document.
Hardware Service Agreement - HSA
The HSA is an additional service provided at the customer's request for a monthly fee in addition to their standard service fee.
HARDWARE SERVICE AGREEMENT ("HSA") is entered into between Zeta Broadband, Inc., with mailing address PO BOX 537, Rancho Murieta, CA 95683 ("Zeta") and the enrolled party ("Customer"), for equipment installed at the Customer's service address on the following terms and conditions:
Terms and Conditions
- Zeta shall perform repairs on equipment installed to achieve a wireless internet connection. Covered Repairs are limited to the antenna, radio, routing device, cabling, power supply and mounting brackets.
- Covered Repairs shall not include any type of guyed mast installation.
- Covered Repairs include both phone support and on-site support for diagnosing and repairing covered equipment.
- Covered Repairs will be performed in the same timely manner as Zeta performs all repairs.
- Covered Repairs shall be performed at no charge.
- Covered Repairs shall not include weather related damage or damage due to other causes outside of the control of Zeta.
- Covered Repairs do not include any devices attached behind the power supply provided by Zeta.
- Customer agrees to pay the published monthly Hardware Service Agreement fee in effect.
- Customer's account with Zeta must be paid current and in good standing before Covered Repairs will be performed.
- Customer agrees to assist Zeta staff in performance of diagnostics prior to Zeta performing an on-site support call.
- The HSA is a month to month agreement unless the facts of Paragraph 11 apply.
- If Zeta performs repairs for the Customer under the HSA, Customer agrees to maintain the agreement until the cumulative amount paid by the Customer for the HSA equals or exceeds the retail cost of the repairs performed.
- Zeta shall not be liable for any indirect, incidental or consequential damages, including lost profit or business interruption arising from any Covered Repairs.
- This HSA constitutes the entire agreement between Zeta and the Customer. This HSA may be modified or amended only in writing. Rights under this HSA are nontransferable. Waiver of any provision of this HSA in one instance shall not prevent future enforcement.