Terms of Service

By signing up for or using Sebago Fiber & Wifi, LLC’s (“Sebago Fiber”) products, equipment, and services (“Services”), the customer (“you” or “customer”) agrees to these Sebago Fiber & Wifi, LLC Terms of Service (the “Terms”).

 

I.    COMMUNICATION WITH SEBAGO FIBER

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 Sebago Fiber account and your use of the Services. Communications will be considered received upon emailing them to the email address associated with your account. 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:

1) a computer or mobile device with Internet or mobile connectivity;

2) software capable of opening PDF documents;

3) access to the valid email address you used to create your Sebago Fiber account registrations;

4) and sufficient storage space to save Communications or a printer to print them.

By consenting to these Terms, 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 Sebago Fiber 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.

 

II.    ELIGIBILITY FOR SEBAGO FIBER SERVICES

You may apply for Sebago Fiber Services online. Sebago Fiber reserves the right to determine whether any Services are made available to a particular address. If Sebago Fiber determines that the address at which you receive residential Services is not a residential address, Sebago Fiber may require you to transition to another type of account in order to continue receiving the Services. This transition may include an increase in any fee for the Services.

 

III.    SEBAGO FIBER INSTALLATION  

You agree to provide Sebago Fiber with all necessary access to the premises at the address where you sign up for Services to be installed (referred to as “your residence or business” below) so that the equipment necessary for you to receive the Services may be installed and configured. You agree that Sebago Fiber may install equipment on the exterior and interior of your residence or business (including but not limited to laying underground conduit and/or affixing equipment to the outside of your residence or business) at any reasonable location. You agree that Sebago Fiber may take photographs of the equipment installed by or on behalf of Sebago Fiber on the exterior or interior of your residence or business for quality control purposes. You also agree that Sebago Fiber may use, and that you have the necessary permissions to approve Sebago Fiber use of, existing facilities, including conduit(s) and/or existing wiring in and around your residence or business, to complete the installation services. 

If you rent or otherwise do not own your residence or business, you represent and warrant that you are authorized by the property owner to order Sebago Fiber installation, and you acknowledge that you may be asked to provide written evidence that you have received all permissions necessary for Sebago Fiber to perform installation services. If Sebago Fiber incurs any costs or losses, including attorneys’ fees, because you did not get the necessary authorization(s) for Sebago Fiber to install the equipment required for the Services, you are responsible for reimbursing Sebago Fiber for those costs or losses.

Acceptance of these Terms does not guarantee that Sebago Fiber will install or provide any Services. We may need a separate agreement with you or your landlord to install the Services. Sometimes we may need to charge a fee in connection with the construction or installation of your network connection (“construction fee” or “installation fee”). You will be notified of any construction or installation fees either during the online sign up process or prior to such fees being incurred.  Sebago Fiber may allow some users to pay construction fees in installments. If you cancel or make certain changes to your Service plans, or your Services are otherwise terminated due to failure to comply with these Terms, before you have paid the entire construction or installation fee (if applicable), you agree to pay the outstanding construction or installation fee balance as of the date of such change, cancellation or termination. 

Buried Service Drops. The customer acknowledges and agrees that it must provide Sebago Fiber with one-inch (1”) minimum conduit with pull string and available space for such drops. By signing up for service, the customer also provides permission to Sebago Fiber to share or remove existing cables as necessary from the home owner owned conduit.

 

IV.    SEBAGO FIBER EQUIPMENT

Sebago Fiber may provide or rent various pieces of equipment to you in connection with the Services. In some cases, to use the provided equipment, you will need to review and agree to terms of service governing use of the equipment. If you lose or damage this equipment after installation, Sebago Fiber may charge you a fee for replacement equipment. Equipment fees are subject to change. Unless explicitly stated otherwise, Sebago Fiber owns all equipment provided by Sebago Fiber in connection with the Services. From time to time, Sebago Fiber may offer you equipment that you may purchase in connection with the Services under separate terms to be provided with such equipment. You authorize Sebago Fiber to install software upgrades on any equipment provided by Sebago Fiber. You also agree not to use the Sebago Fiber-owned equipment for any purpose other than using the Services.

 

V.    SERVICE AND INSTALLATION FEES

Sebago Fiber offers service on a year-round basis that is billed monthly.  Original contract length may apply.  After the original contract is fulfilled, all services will transition to month to month open ended contracts.  If you wish to cancel your service after the original contract is fulfilled, re-activation fees may apply if re-activation occurs within 12 months of cancellation (see section VII for more details).

View service and installation fees here: https://www.sebagofiber.net

Installation fees.  You agree that the installation fees detailed on Sebago Fiber’s website are the installation fees for one residence or one place of business. In the event that the home or business to which a service contract applies is sold, the seller agrees to pay the remaining balance of the installation and/or construction fee (if applicable).

Long drops. For customer or business premises requiring service drops exceeding 150 feet in drop length, the customer acknowledges and agrees that there may be additional installation or construction fees which the customer agrees to pay in such situations.

Home Wiring Exclusion. The customer acknowledges and agrees that any and all costs related to additional wiring (for example, the customer requesting ethernet cabling to all rooms in the home or business), are excluded from the quoted installation fees at the link above.

Buried Service Drops. The customer acknowledges and agrees that any and all costs related to buried service drops performed by Sebago Fiber or its contractors are excluded from the quoted installation fees at the link above.  

 

VI.    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 Sebago Fiber account. You may also access fee information through your online Sebago Fiber client zone account. 

Advance Billing.  Sebago Fiber is an advanced billing service.  You agree to pay recurring service fees in advance of the monthly billing cycle due on the 1st of each month in which you will receive the Services. 

Activation.  Upon service activation, you will be charged the prorated amount for that month’s service plus any other applicable fees and/or equipment charges.  (ie. If service is activated Jan 15, you will be charged the pro-rated amount for Jan 15 - 31 upon activation).

Autopay.  Sebago Fiber requires all customers to set up and utilize autopay for the duration of your Services.  You authorize Sebago Fiber to automatically collect payments of any and all fees associated with your use of the Services from your designated payment method. You authorize Sebago Fiber to automatically collect payments of any and all fees associated with your use of the Services via Sebago Fiber’s online client zone using Stripe credit card or Stripe ACH (Automated Clearing House) (bank account withdraw) on a monthly basis or full prepayment for the year.  Credit card payments will be drawn on the 1st of the month for that month’s service.  ACH payments will be drawn on the 25th of the month prior to ensure delivery by the 1st.  Sebago Fiber reserves the right to suspend services if autopay is found to be disabled by the client.

Late Payments/Suspension of Services.  If payment is not received due to insufficient funds or for any other reason, Sebago Fiber may, consistent with applicable laws, assess late payment fees and/or suspend the Services if payment is more than five (5) days past due. Services will be resumed upon payment of all accrued past due balances.

Third-party charges.  You agree that Sebago Fiber is not responsible for any third-party charges you may incur in connection with your bank account, credit card, or other payment method.

 

VII.    CHANGING AND CANCELING SERVICES; TERMINATION

These Terms will be in effect from the time the Services are initiated until they are terminated by either you or Sebago Fiber. Sebago Fiber or you may terminate any or all portions of the Services at any time, in our or your sole discretion, and for any reason in accordance with applicable laws, as specified in these Terms. You agree to pay the applicable Monthly Service Fees on a month-to-month basis under terms and conditions then in effect. In the event You terminate the Service prior to the expiration of the Term Commitment, You will pay Provider an “Early Termination Fee” equal to (i) the amount set forth on the Confirmation of Sale (“COS”) as the Early Termination Fee, if any, or (ii) an amount equal to (A) the number of months remaining in the Term Commitment, times (B) the Monthly Service Fee. Such Early Termination Fee shall be due and payable immediately upon termination of the Service. No financial penalty will be assessed for your termination of Services after the contract term. If you terminate all or any portion of the Services, you agree to notify Sebago Fiber, we will schedule a disconnect appointment, and you agree to provide Sebago Fiber personnel, its agents or representatives, access to the premises in order to disconnect all or a portion of the Services and recover equipment we provided. Upon termination, you agree to (i) immediately cease all use of the Services and all equipment provided by Sebago Fiber and (ii) pay in full for your use of the Services up to the date the termination of these Terms took effect and the Services were disconnected. If you terminate your service with Sebago Fiber and are warranted a credit refund, you will receive a refund check in the mail within forty-five (45) calendar days of termination. Your refund will be the pro-rated portion of any fees and charges which you have paid in advance. If the pro-rated portion is less than $5.00, a refund will only be issued upon request.

Re-Connection.  If a customer chooses to reactivate service within 12 months of cancellation/termination, the customer may be subject to a re-connection fee of no less than $500.

 

VIII.  Town of Frye Island, Maine Services.

UPS Battery Backup.  Due to reliability issues with power supply, customers located within the town of Frye Island, Maine shall have equipment provided by Sebago Fiber plugged into an uninterrupted power supply (UPS) or battery backup. The customer will own and provide this UPS. If you cannot provide this UPS equipment, Sebago Fiber will sell this UPS equipment to you.

Batch installations acknowledgment.  Due to the remote location, Sebago Fiber will schedule installations in one batch at the start of the seasonal open period.  Requests for installation outside of the batch install window may be subject to additional costs and or time delays.

 

IX.    DISPUTE RESOLUTION

PLEASE READ THIS SECTION CAREFULLY. IT PROVIDES YOU WITH INFORMATION ON RESOLVING DISPUTES THROUGH ARBITRATION, AS WELL AS YOUR RIGHT TO OPT OUT.

We will attempt in good faith to resolve disputes promptly and fairly. In the event a Dispute cannot be resolved, The Customer and Sebago Fiber each agree to submit the Dispute to the American Arbitration Association for resolution under its Commercial Arbitration Rules, or, by separate mutual agreement, to another arbitration institution. If we are unable to agree to an alternative arbitration institution, we each agree to mutually petition a court of appropriate jurisdiction to appoint an arbitration institution that will enforce this Section as written. The location of the arbitration will take place in Portland, Maine or such other place as is mutually agreed upon. You may not combine a Dispute that is subject to arbitration under these Terms with a Dispute that is not eligible for arbitration under these Terms. We each acknowledge and agree that under no circumstances will a class action be arbitrated. The arbitrator will issue an award decision in writing but will not provide an explanation for the award unless you or Sebago Fiber requests one. Any arbitration award over $75,000 may be appealed to a three-person panel appointed by the same arbitration institute that rendered the original award. Any such appeal must be filed within thirty (30) days, and the appeal will be decided based on that institution’s appeal rules, within one-hundred twenty (120) days of filing. If any party elects to appeal an award, the prevailing party in the appeal shall be entitled to recover all reasonable attorney’s fees and costs incurred in that appeal.

 

Class Action Waiver. Notwithstanding any other Section of these Terms, if either you or Sebago Fiber elects to arbitrate a Dispute, neither party will have the right to: (i) participate in a class action, private attorney general action or other representative action in court or in arbitration, either as a class representative or class member; or (ii) join or consolidate disputes with disputes of any other persons. This Class Action Waiver does not apply to any lawsuit or administrative proceeding filed against Sebago Fiber by a state or federal government agency even when such agency is seeking relief on behalf of a class of customers, including you. This means that neither Sebago Fiber nor you will have the right to compel arbitration of any claim brought by such an agency.

 

Right to Opt Out. You may decline to have disputes with Sebago Fiber arbitrated by opting out. Doing so means neither you nor Sebago Fiber can require the other to participate in arbitration proceedings, and each of us may sue the other in a court of law. To opt out, you must notify us within thirty (30) days of the date you first became subject to the Agreement by using our Services. To opt out of this arbitration Section, please send us a written opt out request to the address listed below, with your name, address, account number, and a statement that you do not wish to resolve any Dispute with Sebago Fiber through arbitration, and would like to therefore opt out of these Terms’ arbitration obligation. 

 

Confidentiality. The arbitration proceedings under this Section shall be as confidential and private as permitted by law. To that end, we each agree not to disclose the existence, content, or results of any proceedings conducted in accordance with this Section, and materials submitted in connection with such proceedings shall not be admissible in any other proceeding; provided, however, that this confidentiality portion shall not prevent a petition to vacate or enforce an arbitral award, and shall not bar disclosures required by any laws or regulations.

Jury Trial. To the extent permitted by applicable law, for any Disputes relating to these Terms not submitted to arbitration, and properly brought in a public court of law, Sebago Fiber and you hereby knowingly, voluntarily, intentionally, and irrevocably waive the right to a trial by jury in respect to any litigation based hereon or arising out of these Terms, or any other dispute or controversy between Sebago Fiber and you. 

 

Severability. If any clause within this Dispute Resolution Section is found to be illegal or unenforceable, that clause will be severed from this Section, and the remainder of this Section will be given full force and effect. If the Class Action Waiver is limited, voided, or found unenforceable as to a Dispute, then this Section (except this sentence) shall be null and void with respect to such Dispute (but not as to any others that have been brought or are later brought,) subject to the right to appeal the limitation or invalidation of the Class Action Waiver.
 

Continuation. This Dispute Resolution Section shall survive the termination of your Services with us.

 

X.    NETWORK MANAGEMENT PRACTICES

Sebago Fiber’s Network Management Practices are described at the link labeled “Network Management Practices” at its website (https://www.sebagofiber.net), and are incorporated into these Terms by reference.

 

XI.    PRIVACY

We use the information collected from the use of Sebago Fiber Services only for the following business purposes: network management, security, maintenance, or other related purposes outlined in our Network Management Practices. Technical information (such as device identifiers and IP address) may be associated with the Sebago Fiber account you use but will not be used for any other purpose other than as described above without your consent. Other information from the use of Sebago Fiber Services (such as URLs of websites visited or content of communications) will not be associated with the Sebago Fiber Account you use, except with your consent or to meet any applicable law, regulation, legal process or enforceable governmental request.

 

Personal information such as contact information will only be used by Sebago Fiber and our contracted service providers (installers, customer support agents, billing agents, and technicians). We do not sell or share customer information with third parties.  Short Message Service  (SMS Texting) consent is not shared with any third parties or affiliates for marketing purposes. By providing Sebago Fiber your mobile phone number, you consent to receive calls and SMS (text) messages regarding service, service appointments or technical support.  You may opt out of receiving SMS messages at any time by texting "STOP" to 207-544-6811.

 

XII.    WARRANTIES, DISCLAIMERS, AND LIMITATION OF LIABILITY

We provide the Services using a commercially reasonable level of skill and care, but there are certain things that we do not promise about the Services.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR IN A SEPARATE AGREEMENT PROVIDED TO YOU BY SEBAGO FIBER OR AN AGENT THEREOF, NEITHER SEBAGO FIBER NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES, INCLUDING ANY EQUIPMENT PROVIDED TO YOU BY SEBAGO FIBER, ITS DISTRIBUTORS OR SUPPLIERS. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTION OF THE EQUIPMENT OR SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES AND EQUIPMENT “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.
 

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF SEBAGO FIBER, 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 (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).

IN ALL CASES, SEBAGO FIBER, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

WHEN PERMITTED BY LAW, SEBAGO FIBER, AND SEBAGO FIBER’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

 

XIII.    ACCEPTABLE USE POLICY

Sebago Fibers Acceptable Use Policy can be found at the link labeled “Acceptable Use Policy” at its website (https://www.sebagofiber.net), and are incorporated into these Terms by reference.

 

XIV.    MISCELLANEOUS

Changes to these terms. Sebago Fiber may modify these Terms to, for example, reflect changes to the law or changes to our Services. You should look at the Terms regularly. Sebago Fiber will post notice of modifications to these terms on this page by indicating the date the Terms are last modified. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service, changes regarding the launch of a new Service, or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service and contact us to change or terminate your Services.

Entire Agreement. These Terms, including any documents which are incorporated herein by reference, are the entire agreement between you and Sebago Fiber and supersede any prior agreements between us with respect to the Services. 

Partial Invalidity. Except as provided in Section VII, in the event that any Section of these Terms shall be held to be unenforceable, such Section shall in good faith be renegotiated to be enforceable and shall reflect as closely as possible the intent of the original Section of these Terms. Such negotiations shall not affect the enforceability of the remainder of these Terms.

No Waiver. Failure by us to enforce at any time or for any period of time any Section or right hereunder shall not constitute a waiver of such Section.

Communications Assistance for Law Enforcement Act (CALEA). As part of its FCC compliance requirements, Sebago Fiber is required to design its equipment, facilities, and services to ensure that they have the necessary surveillance capabilities to comply with legal requests for information. As part of these requirements, Sebago Fiber must file and maintain up-to-date System Security and Integrity plans with the Commission. Such information is not disclosed to the public.

Bandwidth. You understand and agree that Sebago Fiber does not guarantee that any particular amount of bandwidth on the Sebago Fiber network or that any speed or throughput of your connection to the Sebago Fiber network will be available to you. You understand and agree that the speed of the Internet Service provided at your site will vary depending upon a number of factors, including your computer system(s) and associated equipment (e.g., WiFi routers/access points, etc.), Internet traffic, and other factors such as system capacity limitations, governmental actions, events beyond Sebago Fiber's control, and system failures, modifications, upgrades and repairs. You understand that your wireless connections and use of wireless routers may be subject to greater fluctuations in speed and latency and may be adversely affected by interference, congestion, distance, and other outside factors.

Access points. Sebago Fiber provides a wifi access point. In order to extend the range of the service outside of a home to other areas serving the customer, the customer understands, acknowledges, and agrees that the customer may need to purchase additional access points in order to achieve this.

Sharing of Accounts is Prohibited. Sharing your Internet Service with another party is strictly prohibited. You may connect multiple computer’s/devices within a single location to Customer’s modem, router, and/or radio to access the Internet Service, but only through a single Provider-issued IP address.