Wireless Internet Service Agreement
By establishing an account or using the Services of Seakay Broadband. you agree to be bound by this Agreement and to use the Services in compliance with this Agreement, our Acceptable Use Policy and other policies.
The following terms and conditions shall apply to all customers subscribing to Seakay Broadband. Internet Service. This Agreement is part of and shall be incorporated into the Acceptable Use Policy. In utilizing Seakay Broadband. Internet Service, Customer agrees to adhere to the terms and conditions of the Acceptable Use Policy and this Agreement as Seakay Broadband may modify it from time to time. In the event of an inconsistency or conflict between the Acceptable Use Policy and this Agreement, the provisions of this Agreement shall govern.
Payment Policies and Terms:
Subscriber shall be billed monthly for service one month in advance. Payment by Subscriber shall be due to Seakay Broadband within fifteen (15) days from the date of the invoice. Accounts remaining unpaid for thirty (30) or more days shall be deemed delinquent. Delinquent accounts shall be placed on accounting hold and services to the Subscriber shall be suspended until the account is paid in full. A Twenty Five Dollar ($25.00) fee will be added to the subscriber account in the event of any bank returned check. In the event that more than one check is returned, we will only accept cash, credit card or certified funds for payment on the account.
Subscriber may terminate this Agreement by submitting a request for termination (email, fax, U.S. Mail or telephone) to the addresses or phone numbers listed in this agreement. Requests received prior to close of business shall have a termination date of the next business day. Without prior notice, Seakay Broadband may terminate this Agreement, your password, your account, or your use of the Services, for any reason, including, without limitation, if Seakay Broadband, in its sole discretion, believes you have violated this Agreement, our Acceptable Use Policy, or any of the applicable user policies, or if you fail to pay any charges when due. Seakay Broadband may provide termination notice to you by: email addressed to your email account or by US Mail or courier service to the address you provided for the Services. Termination by Seakay Broadband for violation of Seakay Broadband’s Acceptable Use Policy shall be subject to the termination fee as described above.
In the event that special construction, or additional equipment including but not limited to, longer cable, additional grounding, higher tower or mast hardware, or specialized antennas, an additional fee will be required for said equipment and any additional labor not included in the standard install. Additional labor is billed at $85.00/hr.
During the first 30 days post first installation, if you are unsatisfied for any reason with the service provided and wish to disconnect, we will refund your money, no questions asked. Refunds will be provided after all provided equipment is returned to us (radio/router/power supply). This includes the standard installation cost and the first month’s plan cost. In the event that parts/labor or other charges are required in addition to the standard installation fee during service installation, those charges will not be refunded. After the initial 30 days of service we may, at our discretion, refund partial or whole month payments upon service termination. To request a refund, please contact customer support.
Equipment and Scope of Work:
All equipment, modems, subscriber modules, antennas and standard mounting equipment, will at all times remain the property of Seakay Broadband. Subscriber may not sell, transfer, lease, encumber or assign all or part of the equipment to any third party. Subscriber shall pay for the full retail cost of, or the repair or replacement of any lost, stolen, unreturned, damaged, sold, transferred, leased encumbered or assigned equipment or part thereof, together with any costs incurred by Seakay Broadband in obtaining or attempting to obtain possession of any such equipment. On expiration or termination of this Agreement, Subscriber authorizes Seakay Broadband to retrieve from Subscriber’s premises equipment that is owned by Seakay Broadband.
Seakay Broadband’s connection point ends at the Subscriber Module. Any trouble beyond our network or equipment is the full responsibility of the Subscriber and their subsequent Network Administrator or vendor. Standard maintenance is limited solely to Seakay Broadband’s network and backbone connectivity.
If your connection ceases to function properly but Seakay Broadband’s network is still functioning properly, a technician will be sent to troubleshoot during normal business hours (8AM-5PM, Monday-Friday). If the problem is due to subscriber negligence, or any of those items listed in the “Not covered by Standard Maintenance” section, standard hourly rates apply.
Not Covered by Standard Maintenance:
Maintenance, repair or replacement of parts damaged or lost through catastrophe, accident, lightning, neglect, misuse, transportation, theft, fault or negligence of Subscriber or causes external to the wireless system, such as, but not limited to failure of, or faulty, electrical power, operator error, or malfunction of Subscribers computer and/or peripheral equipment not installed by Seakay Broadband, or from any cause related to or other than the intended and ordinary use.
Antenna re-aiming or relocation due to obstructions such as trees, vegetation or buildings, or storm related damage. Any re-aiming or relocation of antennas, or reconstruction of tower/mast assemblies will be billed to the Subscriber at standard hourly rates.
If the Customer moves during the term of this Agreement and would like to relocate the Service, Customer must place a relocation request with Seakay Broadband as soon as possible. This request must contain the requested date of service termination, plus the address and phone number of the new location if possible and the prospective move-in date. Upon receiving a written or email relocation request from Customer, Seakay Broadband will place a “move order” for the new location. The Service may be maintained at the old address until the Service has been delivered to the new address. All applicable installation fees will be charged at the new address. After the Service has been delivered to Customer’s new address, Customer may choose to keep the Service up at the old address for up to 30 days for a smooth transition. Customer will be billed for both lines during any period when both are in service simultaneously. If the old Service has not been cancelled within 30 days after delivery of the new Service, they will be considered separate orders. If Seakay Broadband and its agents are unable to provide service to Customer’s new location, the Agreement shall terminate and no Early Termination shall apply.
Subscriber, its agent, successor and/or assigns expressly agrees to indemnify and release Seakay Broadband, its affiliates, subcontractors, employees, agents, assigns or successors from any liability for any claims, losses, actions, damages, suits, or proceedings arising out of or otherwise related to Subscriber’s installation of, use of, or termination of SeaKay Broadband.’ services hereunder including but not limited to, Subscriber’s access to content uploaded or downloaded using SeaKay Broadband.’ service from any source or to any recipient. Subscriber further releases SeaKay Broadband. from any responsibility or liability related to the accuracy, quality for confidentiality of any information available by or through SeaKay Broadband.’ systems and/or the wireless network. Subscriber’s release of SeaKay Broadband. includes any actions or inaction by SeaKay Broadband. which amount to negligence. Subscriber further agrees to indemnify and hold harmless SeaKay Broadband. Inc. from and against any and all claims, actions, causes of action, losses or damages including attorney’s fees which in any way arise from Subscriber’s installation of, use of, termination of, SeaKay Broadband.’ services herein.
SeaKay Broadband. assumes no responsibility for the content contained on the Internet or otherwise available through the wireless network or from any source accessible via SeaKay Broadband.’ services. SeaKay Broadband. discloses and Subscriber acknowledges that there may be content on the Internet or otherwise available through the services provided by SeaKay Broadband. which may be offensive to some individuals, which may not be in compliance with local, state or federal laws, rules or regulations. Including but not limited to pornographic, or otherwise inappropriate or sexually explicit of offensive content. Subscriber acknowledges to SeaKay Broadband. that its use of SeaKay Broadband.’ service to access information, content or other services is at its own risk.
Governing Law and Venue:
The laws of the State of California shall govern the terms of this Agreement. The parties hereto stipulate and agree that the exclusive venue for the resolution of all disputes concerning this Agreement shall be Mendocino County, California.
The customer assumes all liability of providing a computer or device capable of using IP over Ethernet.
Entire Agreement: This Agreement constitutes the entire Agreement between the parties and no other representations or statement will be binding upon the parties. If any part of the Agreement is held to be invalid or unenforceable for any reason, the remaining terms and conditions of this Agreement shall remain in full force and effect.
Permitting and Landlord Approval:
It is the Subscriber’s responsibility to obtain any required permits, homeowner associations approvals, mortgage grantors permission, or to grant or gain landlord approval for the placement of the antenna on the Subscribers building. Landlord/Owner consents to the installation, maintenance, and removal of the equipment described herein and required by Subscriber to receiver SeaKay Broadband.’ services.
Changes to Agreement
You can review the most current version of these terms at any time at this page.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Questions about the Wireless Internet Service Agreement should be sent to us at email@example.com