Attention all Customers
ZELLIUS TELECOMMUNICATIONS INC.
ACCEPTABLE USE TERMS AND CONDITIONS OF SERVICES
1. INTRODUCTION
Zellius Telecommunications Inc. (“Zellius”) provides these Acceptable Use Terms and Conditions of Services (the “Terms and Conditions”) to set forth the rules, conditions, limitations, and obligations governing all Zellius services, equipment, billing, network use, support, transfers, cancellations, and related matters.
These Terms and Conditions are in addition to any subscriber agreement, service order, contract, proposal, quote, invoice, installation agreement, renewal agreement, or any other written or electronic agreement between Zellius and the customer (collectively, the “Subscriber Agreement”). By using any Zellius service, the customer, user, subscriber, or account holder (“Customer,” “you,” or “your”) agrees to be bound by these Terms and Conditions.
2. GENERAL CONDITIONS
Zellius’s goal is to provide practical and reliable service to its customers. However, Zellius does not guarantee that any service will be uninterrupted, error-free, secure, free from delays, free from outages, free from cyberattacks, free from service degradation, free from spam, free from viruses, or free from other events beyond Zellius’s control.
Zellius reserves the right to suspend, disconnect, restrict, refuse, filter, block, throttle, isolate, terminate, or otherwise modify any service, account, contract, agreement, device, connection, location, session, traffic, or activity at any time, with or without notice, where Zellius determines, in its sole discretion, that such action is appropriate, necessary, advisable, or protective.
Zellius Telecommunications Inc. shall not be liable for direct damages, indirect damages, incidental damages, consequential damages, exemplary damages, punitive damages, loss of profits, loss of revenue, loss of business, loss of customers, loss of goodwill, loss of data, property damage, business interruption, service interruption, missed transactions, operational downtime, or any other damages arising from or related to service failure, service interruption, service degradation, installation issues, transfer issues, cancellation issues, payment issues, billing issues, processor issues, third-party actions, network congestion, cyberattacks, hacker activity, malicious activity, protective service restrictions, suspension, disconnection, or any other cause.
Customer understands and agrees that all use of Zellius services is at Customer’s own risk. Customer waives any claim for damages arising out of or related to service use, interruption, temporary unavailability, service delay, service restriction, filtering, blocking, throttling, suspension, disconnection, termination, or any event affecting the service.
Customer is solely responsible for any unlawful acts, violations, misuse, criminal conduct, or damages caused by the use of Zellius services, whether by Customer or any other person using Customer’s account, location, credentials, equipment, devices, systems, or network.
All Zellius contracts, commercial terms, pricing, account information, and service arrangements are confidential. Only the person or entity that executed the agreement, or a person expressly authorized by Zellius, may request contract details or account information.
Any agreed automatic renewal provision shall remain in force unless Zellius agrees otherwise in writing.
3. BUSINESS OPERATIONS, SERVICE INTERRUPTIONS, PAYMENT PROCESSING, AND PROTECTIVE SUSPENSION OR DISCONNECTION
Customer acknowledges and agrees that Zellius is not responsible for Customer’s business operations, business continuity, revenues, profits, internal communications, customer relationships, data handling, equipment performance, cybersecurity posture, or any losses or damages arising from the use, interruption, degradation, restriction, suspension, disconnection, cancellation, or termination of any Zellius service.
Customer is solely responsible for maintaining backup internet services, failover systems, secondary communications, power protection, surge protection, generators, data backup, cybersecurity protections, firewalls, redundancy, continuity planning, disaster recovery measures, and all other protections needed for Customer’s operations, systems, and business continuity.
All Zellius services are provided on an “AS IS,” “AS AVAILABLE,” and “BEST EFFORTS” basis unless Zellius expressly agrees otherwise in a separate written agreement signed by Zellius.
Zellius shall not be responsible or liable for any failure, delay, rejection, reversal, decline, interruption, posting delay, banking issue, processor issue, merchant issue, gateway issue, software issue, settlement issue, communication failure, or other malfunction involving any payment, ACH debit, credit card, debit card, bank draft, recurring charge, automatic payment method, payment processor, bank, merchant account, gateway, software provider, or related financial system, whether such issue originates with Zellius, Customer, Customer’s bank, Zellius’s bank, or any third party.
If any payment is not successfully processed, posted, settled, collected, or applied for any reason whatsoever, whether discovered immediately or later, Customer remains fully and unconditionally responsible for the entire unpaid balance.
Zellius may, upon notice or discovery of any failed, reversed, declined, delayed, or disputed payment, require immediate payment of all outstanding balances and may also require payment of the current month plus one (1) additional month in advance, or any other amount permitted under the Subscriber Agreement, in order to secure the account. Zellius is not obligated to accept partial payments, reduced payments, low payments, delayed catch-up payments, offsets, deductions, disputed reductions, payment plans, or informal arrangements unless Zellius expressly agrees in writing.
Zellius reserves the absolute right, at any time and with or without prior notice, to monitor, inspect, restrict, block, filter, throttle, isolate, suspend, disconnect, refuse, or terminate any service, traffic, connection, device, account, IP address, subnet, customer location, session, port, protocol, application, or user whenever Zellius determines, in its sole discretion, that such action is necessary or appropriate to protect Zellius, its network, its suppliers, its upstream carriers, its customers, the public, or any third party, or to enforce any contract, policy, law, regulation, security requirement, or operational rule.
This right applies, without limitation, to any malicious, suspicious, harmful, unauthorized, abusive, fraudulent, excessive, illegal, threatening, risky, or security-related activity, whether inbound or outbound, to or from Customer’s premises, account, equipment, router, firewall, PBX, server, devices, users, applications, network, or any connected system. Such activity includes, without limitation, denial-of-service activity, distributed denial-of-service activity, hacking attempts, penetration attempts, exploit attempts, phishing, spoofing, spam, malware, ransomware, botnet activity, unauthorized relays, abuse complaints, unusual traffic patterns, compromised equipment, nonpayment, processor disputes, chargebacks, copyright violations, unlawful content, or any activity that may impair, damage, threaten, degrade, expose, or create liability for Zellius, its suppliers, or others.
Zellius shall have no liability whatsoever for any downtime, interruption, blocked traffic, filtered traffic, reduced functionality, loss of access, loss of communications, loss of files, loss of business, loss of transactions, or any other consequence arising from Zellius’s exercise of any monitoring, filtering, blocking, throttling, suspension, disconnection, refusal, or termination rights under these Terms and Conditions or under the Subscriber Agreement.
Any suspension, interruption, restriction, filtering, blocking, disconnection, or termination related to nonpayment, suspected fraud, billing disputes, payment reversals, processor issues, chargebacks, malicious traffic, abusive activity, legal compliance, security concerns, or network protection shall not relieve Customer of any payment obligation, contract term, cancellation notice requirement, equipment return requirement, early termination liability, transfer charge, equipment replacement charge, collection cost, attorney’s fees where permitted, or any other amount due under the Subscriber Agreement or these Terms and Conditions.
Customer expressly waives any claim for damages, losses, or business interruption arising from any good-faith protective action taken by Zellius to protect its network, suppliers, upstream carriers, equipment, operations, legal interests, or other customers.
These provisions shall survive suspension, disconnection, cancellation, termination, expiration of contract, transfer of service, relocation of service, closure of account, and return or non-return of equipment.
4. SERVICE AVAILABILITY AND DELIVERY
The availability, installation, delivery, transfer, and continuation of all Zellius services are subject to technical feasibility, network capacity, physical access, rights of way, infrastructure availability, third-party carrier availability, site conditions, weather, force majeure, and other operational limitations.
Zellius shall have no liability if a requested service cannot be installed, provisioned, transferred, upgraded, relocated, activated, restored, or maintained.
Customer acknowledges that the contracted bandwidth or speed is the maximum service tier purchased and not a guaranteed constant speed. Actual throughput may vary due to network congestion, customer equipment, internal wiring, Wi-Fi conditions, third-party networks, destination servers, supplier networks, transport conditions, interference, and simultaneous use across multiple devices or locations.
Customer is solely responsible for maintaining any redundancy, backup connectivity, alternative communications, failover solutions, power protection, cybersecurity protection, and continuity planning needed for Customer’s operations.
5. BILLING, PAYMENT METHOD, AND DELINQUENCY
Customer agrees to pay all charges, fees, taxes, penalties, recurring charges, non-recurring charges, installation fees, transfer fees, reconnection fees, equipment charges, usage charges, and any other amounts due under the Subscriber Agreement and these Terms and Conditions.
If Customer’s contract or account requires payment by ACH, credit card, debit card, or other automatic payment method, Customer agrees to maintain a valid payment method at all times. Customer may not change the contractual payment method to cash, check, money order, or any other alternate payment form for the purpose of cancellation, delinquency, dispute, or avoidance of automatic billing, unless Zellius expressly agrees in writing.
If any automatic payment is declined, rejected, reversed, disputed, blocked, returned, fails to process, or is otherwise not successfully collected for any reason, Customer remains fully responsible for immediate payment of all outstanding amounts.
If Zellius, or any of its billing systems, merchant processors, ACH processors, banks, payment gateways, credit card processors, debit card processors, software providers, or related financial systems experiences any technical problem, posting delay, communication failure, banking issue, rejection, outage, or other system problem that prevents payment from being processed on time, and Zellius later discovers that payment was not successfully collected, Customer agrees that the unpaid balance shall become immediately due upon notice or discovery.
In such case, Zellius may require Customer to pay the full current month’s charge plus one (1) additional month in advance or as an additional required payment to cover the outstanding balance and secure the account. Zellius does not accept low payments, reduced payments, partial catch-up payments, or informal payment arrangements unless expressly approved by Zellius in writing.
Any penalty, fee, or charge allowed by the Subscriber Agreement may be billed immediately upon cancellation, delinquency, breach, equipment non-return, or any other triggering event, with or without further notice, to the extent permitted by law.
6. CANCELLATION, RETURN OF EQUIPMENT, AND TERMINATION PROCESS
Customer acknowledges and agrees that before any cancellation of service can begin, Customer must first return all Zellius Telecommunications Inc. equipment located at Customer’s premises and submit any required written cancellation request or explanatory letter, if requested by Zellius.
The cancellation process shall not begin until Zellius has actually received all required equipment and any required written cancellation notice. Zellius’s receipt of equipment is a condition precedent to the start of the cancellation process.
Once Zellius receives the equipment and required cancellation documentation, the cancellation process will begin and may take up to thirty (30) days to be completed by the billing department.
Customer understands and agrees that no account credits, prorations, refunds, or retroactive adjustments shall be issued for any monthly service charges, automatic charges, ACH charges, credit card charges, recurring charges, or any other charges processed during this 30-day cancellation period.
Customer is solely responsible for planning the timing of any cancellation request and for any charges that may be processed during that period. Cancellation timing, account planning, payment scheduling, and equipment return timing are the sole responsibility of the Customer and not of Zellius.
Customer may not stop, block, dispute, reverse, or change the agreed payment method in order to avoid payment during the cancellation process. The contractual payment method shall remain in effect until all outstanding balances, fees, penalties, equipment charges, and all other sums due are paid in full.
All equipment must be delivered by mail or carrier service with tracking to:
Zellius Telecommunications Inc.
11954 Narcoossee Rd #2-285
Orlando, Florida 32832
Zellius Telecommunications Inc. does not accept equipment returns at its Puerto Rico facilities.
Customer is solely responsible for all shipping costs, packaging, tracking, delivery confirmation, and insurance. If equipment is not received by Zellius, is lost in transit, arrives damaged, arrives incomplete, or is returned late, Customer remains fully responsible for the replacement cost of the equipment and any related charges under the contract.
Failure to return all required equipment may delay cancellation, prevent cancellation, cause continued billing, result in equipment charges, cause collections activity, or result in any other contractual or legal remedy available to Zellius.
Without limitation, replacement values may include the following unless otherwise updated by Zellius:
– Router: $299.00 each
– VOIP ATA: $299.00 each
– IP Phone: $299.00 each
– Roof antenna, radio module, and antenna mast: $499.00 each
These charges are cumulative where multiple items are missing, damaged, or not returned.
These obligations shall survive service suspension, disconnection, cancellation, termination, expiration of contract, or closure of account.
7. SERVICE TRANSFERS AND RELOCATIONS
All service transfers require a written request sent by email or letter to the billing department. Service transfers generally take approximately fifteen (15) working days, Monday through Friday, beginning after any required site visit, engineering review, and technical analysis at the new premises.
Customer is responsible for requesting transfers in advance. Zellius does not offer credits, refunds, or prorations for delays related to transfers, relocation scheduling, construction, permissions, landlord restrictions, utility issues, technical limitations, or any other cause.
If the owner, landlord, administrator, building management, property representative, or any third party at the new location does not permit installation of Zellius service, Customer remains responsible for all applicable transfer charges, cancellation charges, termination charges, contract obligations, and any remaining months due under the Subscriber Agreement.
If a service is transferred or relocated, Zellius may apply new pricing, new service terms, new installation requirements, new technical limitations, and new service conditions.
Unless otherwise stated in writing, Zellius’s minimum contract term for customers is twenty-four (24) months.
8. NEW OWNER, NEW USER, OR CHANGES IN PAYMENT RESPONSIBILITY
If a business, location, premises, account, or service using Zellius is sold, transferred, reassigned, taken over, or otherwise used by a new owner, manager, or operator, it is the responsibility of the new owner or operator to contact Zellius immediately and update billing and payment method information.
If Customer requests a change of bank account, ACH account, or credit card, the new responsible party acknowledges and agrees that the account remains bound to the existing service obligations, balances, fees, charges, and contract requirements unless Zellius agrees otherwise in writing.
9. TELEPHONE NUMBERS, DOCUMENTATION, AND PORTING
In cases where Zellius provides telephone numbers before all required subscription, compliance, identity, contract, emergency, regulatory, or account documentation is completed, such numbers shall be deemed temporary and conditional.
If Customer fails to complete all required documentation, Zellius may suspend or terminate the related services at any time without prior notice, and such numbers may not be ported to another provider.
10. EQUIPMENT, ACCESS, AND TAMPERING
All Zellius equipment remains subject to Zellius’s rights under the Subscriber Agreement and applicable service arrangement. Customer shall not service, alter, modify, tamper with, relocate, reprogram, replace, unlock, bypass, interfere with, or permit any third party to service or modify Zellius equipment without Zellius’s prior written authorization.
Unauthorized interference with Zellius equipment, network, wiring, routers, radios, voice systems, or related service components may result in suspension, termination, additional charges, civil liability, criminal referral, or all of the foregoing.
11. THEFT OF INTERNET SERVICE
Stealing internet service is prohibited and may constitute a crime. Zellius prohibits any person from intercepting, receiving, sharing, reselling, rebroadcasting, extending, or using Zellius services without authorization.
If a person receives internet service without paying for it, shares it with neighbors, redistributes it for profit, bypasses billing, uses unauthorized equipment, or otherwise uses Zellius infrastructure without Zellius’s permission, Zellius may consider that theft of service and may pursue any contractual, civil, or criminal remedy available.
12. EXCESSIVE USE AND BANDWIDTH ABUSE
Zellius generally does not impose a fixed bandwidth cap, but Zellius reserves the right to determine, in its sole discretion, what constitutes excessive, abusive, unusual, harmful, or commercially improper usage.
If Customer’s bandwidth or service usage materially exceeds the typical profile for the subscribed service and negatively affects Zellius’s network, suppliers, or other customers, Zellius may monitor, limit, prioritize, suspend, reclassify, or terminate the service, with or without notice.
Customer expecting higher usage should inquire about dedicated or enterprise-grade services.
13. VOIP SECURITY AND CUSTOMER RESPONSIBILITY
Zellius does not permit Customer to access Zellius-provided VOIP systems from the public internet without a secure VPN connection or other Zellius-approved security method.
Zellius does not open VOIP ports to customer premises when Zellius VOIP trunks are part of the service, unless Zellius specifically authorizes such configuration in writing.
If Customer’s phone system, PBX, gateway, ATA, network, or any related device is hacked, penetrated, compromised, misused, or abused, and minutes, toll charges, international charges, or other usage occurs on Zellius trunks or services, Customer shall be 100% responsible for all such charges. Payment for such charges shall be due immediately upon billing or notice, regardless of what security measures Customer claims to have had in place.
14. WEBSITE POSTING AND CHANGES TO TERMS
Zellius may revise these Terms and Conditions from time to time by posting an updated version on its website or by using any other notice method Zellius chooses.
Revised versions become effective immediately upon posting unless Zellius states otherwise. Customer is responsible for reviewing the most current version of the Terms and Conditions.
Questions regarding these Terms and Conditions may be directed to sales@zellius.net.
15. PROHIBITED USES AND ACTIVITIES
In general, Customer may not use the service, Zellius equipment, customer equipment, or any related account, system, or network in a manner that is unlawful, fraudulent, abusive, harmful, infringing, threatening, defamatory, disruptive, or otherwise prohibited by these Terms and Conditions.
Prohibited activities include, without limitation:
a. Conduct and Information Restrictions
– Undertaking any unlawful purpose or illegal activity.
– Posting, storing, transmitting, publishing, or distributing unlawful, threatening, libelous, defamatory, abusive, fraudulent, or infringing content.
– Uploading, reproducing, or distributing copyrighted or proprietary material without proper authorization.
– Sending spam, mass unsolicited messages, or large volumes of repetitive or empty messages.
– Operating pyramid schemes or other illegal schemes.
– Collecting email addresses, screen names, or other identifiers without consent.
– Using spyware, harvesting tools, password gatherers, keystroke loggers, or similar tools.
– Falsifying message headers, sender information, or references to Zellius.
– Phishing, impersonation, identity fraud, or sender address falsification.
– Violating the rules, terms, or policies of any third-party system, application, service, network, or website accessed through Zellius service.
b. Technical Restrictions
– Accessing any system, server, network, software, or data without authorization.
– Attempting to breach security, authentication, or account protections.
– Using cracking tools, sniffers, port scanners, Trojan horse programs, password tools, decoders, analyzers, or encryption circumvention tools without authorization.
– Copying, distributing, sublicensing, cracking, modifying, or tampering with proprietary software provided by Zellius or related to the service.
– Running dedicated public servers, file sharing services, proxy services, hosting services, or similar services from the premises unless specifically authorized by Zellius in writing.
– Altering, modifying, or tampering with Zellius equipment or service.
c. Network and Usage Restrictions
– Foreign connection networks are not allowed through Zellius networks unless authorized by Zellius.
– Customer may not use third-party routers in a way that conflicts with Zellius network requirements. Customer may use Customer’s own router only behind Zellius-approved equipment, unless otherwise authorized.
– Customer may not interfere with, restrict, degrade, or disrupt other users’ ability to use the service.
– Customer may not overload, attack, flood, degrade, or otherwise impair Zellius’s network, suppliers’ networks, or related infrastructure.
– Customer may not resell the service, share it beyond the subscribed premises, or make it available outside the premises by wired or wireless means unless specifically authorized.
– Customer may not connect Zellius equipment to systems outside the approved premises.
– Customer may not configure the service to use a static IP or non-approved protocol unless Customer subscribes to a plan expressly permitting it.
16. CUSTOMER CONDUCT AND SECURITY OBLIGATIONS
Customer is responsible for compliance with these Terms and Conditions by all persons using Customer’s account, service, location, devices, passwords, login credentials, or equipment, including employees, agents, contractors, guests, family members, or other users.
Customer must keep all login credentials, passwords, account information, and access methods confidential and secure.
Customer is solely responsible for the security of Customer equipment, local networks, computers, file shares, printers, PBX systems, servers, routers, wireless networks, and all other devices connected to the service.
Zellius recommends strong passwords, proper firewall configuration, VPN use where applicable, and secure network practices. Zellius does not store customer-sensitive credentials such as customer email account passwords. Customer is responsible for securely retaining such information.
17. CONTENT, TRANSMISSIONS, AND ELECTRONIC COMMUNICATIONS
Zellius reserves the right, in its sole discretion, to refuse to transmit, post, host, store, publish, remove, block, filter, or disable any material, traffic, communication, or content that Zellius believes violates these Terms and Conditions, harms the network, exposes Zellius to liability, or affects other users.
Zellius and its suppliers have no obligation to monitor all transmissions, postings, emails, files, messages, blogs, web pages, or stored materials, but may do so from time to time for operational, security, legal, or policy enforcement purposes.
Customer is solely responsible for the content of all emails, instant messages, audio messages, video messages, files, postings, and other communications sent, received, stored, published, or transmitted using the service.
Zellius is not responsible for misdelivery, non-delivery, storage failure, deletion, forwarding failure, suspension, or termination of email, voice, audio, video, or stored content.
In the event an account is suspended or terminated, Zellius may delete associated email, files, messages, recordings, and other data without liability.
18. PERSONAL WEB FEATURES OR STORAGE FEATURES
If Zellius provides any hosting, online storage, personal web pages, or similar features, Customer is solely responsible for all materials published, stored, uploaded, linked, or shared through such features.
Zellius may remove or block any such material and terminate access to those features if Zellius determines, in its sole discretion, that Customer violated these Terms and Conditions.
19. NETWORK MANAGEMENT AND DATA CONSUMPTION
Zellius manages its network to protect service quality, security, operational integrity, and customer experience.
Zellius may use reasonable network management tools and techniques, including but not limited to:
– identifying spam or malicious traffic;
– identifying suspicious, unauthorized, abusive, harmful, or excessive inbound or outbound traffic;
– preventing harmful code distribution;
– managing congestion;
– temporarily lowering the priority of heavy users;
– implementing filtering, blocking, throttling, disconnection, suspension, isolation, or other protective measures;
– monitoring transmissions, bandwidth, traffic flows, sessions, protocols, and usage patterns;
– enforcing these Terms and Conditions and the Subscriber Agreement;
– protecting Zellius, its suppliers, upstream carriers, customers, network, and related infrastructure.
Zellius’s determination regarding abusive, excessive, harmful, suspicious, or malicious data consumption or traffic shall be final.
20. VIOLATIONS AND ENFORCEMENT
If Customer violates these Terms and Conditions or the Subscriber Agreement, Zellius may take any action it deems appropriate, with or without notice, including:
– warning Customer;
– removing or blocking content;
– filtering transmissions;
– restricting access;
– blocking traffic;
– throttling traffic;
– suspending service;
– disconnecting service;
– permanently terminating service;
– terminating the Subscriber Agreement;
– imposing charges, fees, or penalties;
– referring the matter to law enforcement;
– pursuing collections or legal remedies.
Zellius may investigate suspected violations, gather information from affected parties, examine material on Zellius systems and networks, cooperate with law enforcement, cooperate with third-party providers, and take technical or legal action as Zellius deems appropriate.
The failure of Zellius to enforce any provision at any time shall not be deemed a waiver of Zellius’s right to enforce it later.
If any portion of these Terms and Conditions is found invalid or unenforceable, the remaining portions shall remain in full force and effect to the maximum extent permitted by law.
Customer agrees to indemnify, defend, and hold harmless Zellius, its affiliates, suppliers, officers, employees, contractors, and agents from and against all claims, liabilities, losses, damages, costs, expenses, and reasonable attorney’s fees arising out of or related to Customer’s breach of these Terms and Conditions, misuse of the service, unlawful conduct, nonpayment, equipment non-return, malicious traffic, abusive activity, compromised systems, unauthorized use, or violation of any third-party rights.
These obligations survive suspension, disconnection, termination, cancellation, expiration, and closure of account.
21. COPYRIGHT AND DMCA POLICY
Zellius complies with applicable U.S. copyright laws and requires all customers and users to do the same.
Customer may not store, transmit, publish, host, distribute, or otherwise make available through the service any material that infringes the intellectual property rights of another person or entity.
Zellius reserves the right to remove allegedly infringing material, disable access to such material, suspend or terminate repeat infringers, and take any other action permitted by law.
Copyright claims may be directed to:
DMCA Agent
Zellius Telecommunications Inc.
11954 Narcoossee Rd #2-285
Orlando, Florida 32832
Email: support@zellius.net
Any counter-notification must comply with applicable law. Zellius will respond in accordance with the Digital Millennium Copyright Act and other applicable laws.
22. NO WAIVER; SURVIVAL
Any rights, remedies, obligations, equipment charges, payment obligations, indemnities, disclaimers, limitations of liability, confidentiality provisions, cancellation provisions, non-return equipment obligations, and dispute-related provisions shall survive suspension, disconnection, cancellation, termination, expiration of contract, and closure of account.
23. CONTACT INFORMATION
Questions regarding these Terms and Conditions may be directed to:
Zellius Telecommunications Inc.
11954 Narcoossee Rd #2-285
Orlando, Florida 32832
Billing: billing@zellius.net
Sales: sales@zellius.net
Support: support@zellius.net
Website: https://www.zellius.net/terms-and-conditions-of-services.html
Revised and effective: January 1, 2009