Wireless Internet Service Agreement

Wireless Internet Service Agreement

By establishing an account or using the Services of Seakay, Inc. 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, Inc. Internet Service. This Agreement is part of and shall be incorporated into the Acceptable Use Policy. In utilizing Seakay, Inc. Internet Service, Customer agrees to adhere to the terms and conditions of the Acceptable Use Policy and this Agreement as Seakay, Inc. 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, Inc. 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. For any subscriber’s account that has been placed on suspended service, there shall be due a Twenty Dollar ($20.00) reconnection charge to reactivate Subscribers Services after the past due amount has been paid. 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.

Termination:

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, Inc. may terminate this Agreement, your password, your account, or your use of the Services, for any reason, including, without limitation, if Seakay, Inc., 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, Inc. 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, Inc. for violation of Seakay, Inc. Acceptable Use Policy shall be subject to the termination fee as described above.

Additional Fees:

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.

Equipment and Scope of Work:

All equipment, modems, subscriber modules, antennas and standard mounting equipment, will at all times remain the property of Seakay, Inc.. 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, Inc. in obtaining or attempting to obtain possession of any such equipment. On expiration or termination of this Agreement, Subscriber authorizes Seakay, Inc. to retrieve from Subscriber’s premises equipment that is owned by Seakay, Inc..

Standard Maintenance:

Seakay, Inc.’ 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, Inc.’ network and backbone connectivity.

If your connection ceases to function properly but Seakay, Inc.’ 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, Inc., 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.

Moving:

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, Inc. 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, Inc. 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, Inc. and its agents are unable to provide service to Customer’s new location, the Agreement shall terminate and no Early Termination shall apply.

Indemnification/Release:

Subscriber, its agent, successor and/or assigns expressly agrees to indemnify and release Seakay, Inc., 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, Inc.’ services hereunder including but not limited to, Subscriber’s access to content uploaded or downloaded using Seakay, Inc.’ service from any source or to any recipient. Subscriber further releases Seakay, Inc. from any responsibility or liability related to the accuracy, quality for confidentiality of any information available by or through Seakay, Inc.’ systems and/or the wireless network. Subscriber’s release of Seakay, Inc. includes any actions or inaction by Seakay, Inc. which amount to negligence. Subscriber further agrees to indemnify and hold harmless Seakay, Inc. 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, Inc.’ services herein.

Disclaimer:

Seakay, Inc. assumes no responsibility for the content contained on the Internet or otherwise available through the wireless network or from any source accessible via Seakay, Inc.’ services. Seakay, Inc. discloses and Subscriber acknowledges that there may be content on the Internet or otherwise available through the services provided by Seakay, Inc. 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, Inc. that its use of Seakay, Inc.’ 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.

Customer Agreement:

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, Inc.’ services.

Providing high-speed internet service in Hopland, Redwood Valley, Potter Valley, Calpella, Ukiah, Fort Bragg, Westport, and points beyond.