Terms of Service
Effective Date: 2018-11-15
Welcome to Webpass
Thanks for using Webpass’ products and services (“Services”). The Services are provided by Webpass, Inc., located at 267 8th Street, San Francisco, CA 94103, United States, or one of its affiliates (collectively referred to as “Webpass”). The Webpass Terms of Service (“Terms”) means the terms specified below. By agreeing to the Terms, you represent that you are at least eighteen years old and capable of entering into a legally binding agreement on behalf of yourself and others in your residence who may use the Services. By signing up for or using the Services, you agree to these Terms.
Communicating Electronically with Webpass
We may be required to provide certain disclosures, notices and communications (collectively “Communications”) to you in written form. We will deliver such Communications to you in electronic form. Your agreement to these Terms confirms your ability and consent to receive such Communications electronically. You consent to receive electronically all Communications that we may provide you in connection with your Webpass account and your use of the Services. Communications include:
- agreements and policies related to the Services, including updates to those agreements and policies;
- payment authorizations and transaction receipts or confirmations;
- questionnaires and marketing materials relating to Webpass’ services;
- account statements and history; and
- all other communications or documents related to or about your account, your purchases, changes to the Services or the rates and fees we charge in connection with the Services, and your use of the Services.
Communications will be considered to be received by you upon delivery in any of the following manners:
- posting them to your online account;
- posting them on or in the Webpass website;
- emailing them to the email address associated with your account;
- communicating them to you via text message;
- communicating them to you via a mobile application; or
- otherwise communicating them to you via the Services.
To access and retain electronic Communications, you will need to maintain or have access to the following computer hardware and software at your own expense:
- a computer or mobile device with Internet or mobile connectivity;
- a current web browser that includes 128-bit encryption (e.g., Internet Explorer version 6.0 and above, Firefox version 2.0 and above, Chrome version 3.0 and above, or Safari 3.0 and above) with cookies enabled;
- software capable of opening PDF documents;
- access to the valid email address you used to create your Webpass account registration; and
- sufficient storage space to save Communications or a printer to print them.
By consenting to this Policy, you confirm that you are able to meet the above requirements, and that you can receive, open, and print or save any Communications for your records. You should maintain copies of electronic Communications by printing paper copies or saving electronic copies, as applicable. Also, you may contact Webpass to request another electronic copy of a Communication. We reserve the right to terminate your use of the Services if you decline or withdraw consent to receive electronic Communications, except that you may decline to receive telephone calls and text messages without having your service terminated, as set out in the following section.
Consent to Receive Telephone Calls and Text Messages
On occasion, Webpass may seek to contact you by telephone or SMS text message at the landline and/or wireless phone numbers that you have provided to us. These communications may be about your Webpass account, responses to inquiries that you have made to us, or for other purposes, including marketing messages about other goods or services provided by Webpass. These calls or SMS text messages may be sent using an automatic telephone dialing system and may include the use of prerecorded or artificial voices. Please note that you may be responsible for any charges from your telephone provider for these calls or SMS text messages. If you do not wish to receive these optional calls and SMS text messages, you do not have to do so. Your consent to receiving these calls and SMS text messages is not required in order to purchase or receive any Webpass Services. To change your contact preferences, please log in to your account at Webpass.net.
Eligibility for Webpass Services
Although we hope to make Webpass available to as many people as possible, Webpass reserves the right to determine whether any Services are made available to a particular address. Check our website often to see if service has been expanded to your area. If Webpass determines that the address at which you receive Services is not a residential address, Webpass may require you to transition to another type of account (e.g., Commercial) in order to continue receiving the Services. This transition may include an increase in any fee for the Services. Acceptance of these Terms does not guarantee that Webpass will install or provide any Services. We may need a separate agreement with you or your landlord in order to install the Services. If you live in an apartment or condo, Webpass’ ability to provide you Service is subject to the continued agreement between Webpass and the property owner or respective building association.
You agree to provide Webpass with all necessary access to the premises at the address where you sign up for Services to be installed (referred to as “your building” below) so that the equipment necessary for you to receive the Services may be installed and configured. To the extent applicable, you agree that Webpass may install equipment on the exterior and interior of your building (including but not limited to affixing equipment to the outside of your building) at any reasonable location. You also agree that Webpass may use, and that you have the necessary permissions to approve Webpass’ use of, existing facilities, including existing wiring in and around your building, to complete the installation services. If you rent or otherwise do not own your building or residence, you represent and warrant that you are authorized by the property owner to order Webpass installation, and you acknowledge that you may be asked to provide written evidence that you have received all permissions necessary for Webpass to perform installation services. If Webpass incurs any costs or losses, including attorneys’ fees, because you did not get the necessary authorization(s) for Webpass to install the equipment required for the Services, you are responsible for reimbursing Webpass for those costs or losses. Acceptance of these Terms does not guarantee that Webpass will install or provide any Services. We may need a separate agreement with you or your landlord in order to install the Services.
Using Webpass Services
You agree not to misuse the Services, which includes using the Services for purposes that are illegal, are improper, infringe the rights of others, or adversely impact others’ enjoyment of the Services. Examples of misuses and prohibited activities are set forth in the Acceptable Use Policy (AUP) below. You are responsible for all activity on the Services, whether such activity is undertaken by you or someone else.
Acceptable Use Policy
For Commercial and Residential Customers, unless otherwise stated, use of Webpass and Services is subject to the following AUP. In addition to complying with our Terms of Service, you agree not to use or allow third parties to use the Services provided to you for any of the following purposes:
- To use any Webpass equipment for anything other than its intended purpose.
- To violate or encourage the violation of the legal rights of others.
- For any unlawful, invasive, infringing, defamatory, or fraudulent purpose.
- To intentionally distribute viruses, worms, Trojan horses, corrupted files, hoaxes, or other items of a destructive or deceptive nature.
- For residential customers, to operate servers for commercial purposes. However, personal, non-commercial use of servers that comply with this AUP is acceptable, including using virtual private networks (VPN) to access services in your home and using hardware or applications that include server capabilities for uses like multi-player gaming, video-conferencing, and home security.
- For residential customers, to generate or facilitate sending unsolicited bulk commercial email via the Services.
- To make the Services available to anyone outside the property to which the Services are delivered, to resell the Services directly or indirectly, except as explicitly approved by Webpass in writing, or to create substitute or related services through the use of or access to the Services (for example, to provide Wi-Fi services to third parties outside of your residence).
- To interfere with the use of the Services or the equipment used to provide the Services by customers or other authorized users.
- To alter, disable, interfere with, or circumvent any aspect of the Services, including but not limited to security features of the Services.
Your failure to comply with the AUP may result in suspension and/or termination of the Services.
Webpass reserves the right at any time to take action necessary to protect the integrity of its network and other parts of the Internet. This may include terminating or suspending service to subscribers who engage in activity that violates the Webpass Terms of Service, including but not limited to activity that threatens to undermine the integrity of Webpass’ network or services.
Resale and Redistribution
For Residential Customers, the Services are intended for the personal use of you and other occupants and guests within your residence. You agree not to resell or repackage the Services or otherwise make them available to anyone outside of your building, without the express permission of Webpass.
For Commercial Customers, the Services are intended for the commercial use of you and other employees and guests within your business. You agree not to resell or repackage the Services or otherwise make them available to anyone outside of your building, without the express permission of Webpass.
You are responsible for implementing appropriate security measures when using the Services, including using secure transfer protocols (e.g., https) and taking whatever steps are necessary to ensure that your data is not accessed by unauthorized third parties. Webpass is not responsible for any damages to users of the Services that may be caused by unauthorized third parties. Webpass engages in network management practices intended to address threats to its network and subscribers. Webpass reserves the right at any time to take action that Webpass, in its sole discretion, deems necessary to protect the integrity of its network and other parts of the Internet. This may include terminating or suspending service to subscribers who engage in activity that violates these Terms or otherwise threatens to undermine the integrity of Webpass’ network or services. Please notify Webpass of any perceived network security or other Internet threats.
Billing and Payment
You agree to pay any and all applicable fees for the Services you purchase, whether ordered by you, someone authorized by you, or someone with access to the Services pursuant to your Webpass account. Webpass will send all bills and other required notices by email to the address associated with your account. You may also access this information through your online Webpass account. You agree to pay recurring monthly or annual service fees in advance of the billing cycle in which you will receive the Services. You can make payments via check, wire, and credit card. Credit card payments can be processed through the online portal or by calling 1-800-WEBPASS as a One Time Payment or AutoPay. You authorize Webpass to automatically collect payments of any and all fees associated with your use of the Services from your designated payment method. Webpass will email a bill to the email address associated with your account. The bill will indicate the date the amount you owe will be collected via your designated payment method (which may be the same date your bill is sent if permitted by applicable laws). If payment is not received due to insufficient funds or for any other reason, Webpass may, consistent with applicable laws, assess late payment fees and/or suspend or terminate the Services if payment is more than thirty (30) days past due. You agree that Webpass is not responsible for any third party charges you may incur in connection with your credit card or other payment method.
Changing and Canceling Services; Termination
You may change or cancel the Services at any time. If you are changing plans:
- You may change from a monthly to an annual plan at any time. Once you change to the annual plan, you will receive an offset for the monthly fee, if any, paid during the last 30 days. The billing cycle will then be effective for the most current invoice, and we will email you a revised invoice.
- You have 60 days from date of invoice to change from an annual to a monthly plan. After 60 days, you are locked in for one year of service and any changes made will be effective after the end of the current term. We will email you a revised invoice.
To cancel, you must inform Webpass of a disconnect date by using the webpass.net portal or calling 1-800-WEBPASS. If you request cancellation of all your Services, your Services will be available until the cancellation date you select. For our month-to-month customers, if you do not have a remaining balance at the time of disconnection, we will prorate your final monthly invoice based on your cancellation date; otherwise, you will be billed for the full month. Monthly customers will also receive a refund for overpayments. For our annual customers, you will be disconnected based on your cancellation date, but no refund will be available unless an overpayment was made. Webpass reserves the right to terminate some or all of the Services it provides to you at any time, in its sole discretion without notice.
In the unlikely event that users' aggregate demand exceeds the available capacity of the network and creates acute congestion, Webpass will employ various techniques to ensure that subscribers continue to have a positive experience. In times of acute congestion, Webpass Internet service bandwidth will be fairly allocated among subscribers without regard to the subscribers’ online activities or the protocols or applications that the subscribers are using. While acute congestion is occurring, subscribers will still be able to use the lawful content, services, and applications of their choice, but this fair sharing of bandwidth may result in slower download and upload speeds and slower response times from websites and Internet-based applications and services. Webpass will not engage in deep packet inspection (where the content of the data packet is inspected beyond its IP, TCP, and UDP headers) or drop specific types of end-user Internet traffic except as described herein to preserve the integrity of the network and protect against negative effects of Internet threats. Webpass does not prevent or impede the use of any other product or service that its subscribers choose to access over their Webpass Internet service as long as the use of that product or service does not violate these Terms. Webpass also does not favor or inhibit any applications or classes of applications except as described herein.
Service Offering Characteristics
The advertised speed of the subscriber’s chosen Webpass Internet offering is the maximum speed expected to be achievable for that service offering. It is not a guarantee that subscribers will receive those speeds. Several factors may affect the actual speed of Webpass’ service offerings at any particular point in time. These factors include, but are not limited to: the capability of the subscriber's device used to access the network; the capability of the network between the subscriber's device and Webpass; the capability of websites or other Internet services accessed by the subscriber; the connectivity and capacity of Content Delivery Networks (CDNs); the subscriber’s use of other Internet services; and network congestion/other Internet traffic. Bandwidth is provided on a per-subscriber basis. The subscriber's bandwidth is shared by all connected devices within the subscriber's premises.
Commitment to Online Safety
Webpass is committed to online safety for minors, and Webpass complies with all applicable laws related to protecting minors online. This includes reporting cases of child abuse or exploitation to the National Center for Missing and Exploited Children. You can access additional information about minors’ online safety by visiting www.ncmec.org or Google LLC’s Family Safety Center
Our Warranties and Disclaimers
We provide the Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about the Services. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR IN A SEPARATE AGREEMENT PROVIDED TO YOU BY WEBPASS OR AN AGENT THEREOF, NEITHER WEBPASS NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS.” SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
Liability for our Services
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF WEBPASS, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES. WE MAY PROVIDE ANY SUCH COMPENSATION IN THE FORM OF FUTURE SERVICES. IN ALL CASES, WEBPASS, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE. WHEN PERMITTED BY LAW, WEBPASS, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
We respond to notices of alleged copyright infringement and respond according to the process set out in the U.S. Digital Millennium Copyright Act, up to and including terminating users for repeat violations. If you think somebody is violating your copyrights and want to notify us, please contact us here: firstname.lastname@example.org
If you wish to subscribe to any Services on behalf of a business, please visit the FAQ section here for more information. Additional terms of service apply to use of the Services by a business.
Third Party Beneficiaries
These terms control the relationship between Google and you. They do not create any third party beneficiary rights.
Waiver and Severability
If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms.
Governing Law and Forum Selection
The laws of California, U.S.A., excluding California’s conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Services, unless California law is preempted by or inconsistent with federal law. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Santa Clara County, California, USA, and you and Webpass consent to personal jurisdiction in those courts.
For information about how to contact Webpass, please visit our contact page