Terms of Service

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

 

I.    COMMUNICATION WITH SEBAGO FIBER & WIFI, LLC

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 & Wifi, LLC account and your use of the Services. Communications will be considered received by 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 & Wifi, LLC account registrations;

4) 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 Sebago Fiber & Wifi, LLC 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 & WIFI, LLC SERVICES

You may apply for Sebago Fiber & Wifi, LLC Services online. Sebago Fiber & Wifi, LLC reserves the right to determine whether any Services are made available to a particular address. If Sebago Fiber & Wifi, LLC determines that the address at which you receive Services is not a residential address, Sebago Fiber & Wifi, LLC 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 & WIFI, LLC INSTALLATION

Sebago Fiber & Wifi, LLC performs installations only one time per year, and only during the months of January 1 through May 31, and September 1 through December 31 in a given calendar year. Sebago Fiber does not install equipment during the summer months of June 1 through August 31, inclusive.   

You agree to provide Sebago Fiber & Wifi, LLC 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 & Wifi, LLC 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 & Wifi, LLC may take photographs of the equipment installed by or on behalf of Sebago Fiber & Wifi, LLC on the exterior or interior of your residence or business for quality control purposes. You also agree that Sebago Fiber & Wifi, LLC may use, and that you have the necessary permissions to approve Sebago Fiber & Wifi, LLC’s use of, existing facilities, including 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 & Wifi, LLC installation, and you acknowledge that you may be asked to provide written evidence that you have received all permissions necessary for Sebago Fiber & Wifi, LLC to perform installation services. If Sebago Fiber & Wifi, LLC incurs any costs or losses, including attorneys’ fees, because you did not get the necessary authorization(s) for Sebago Fiber & Wifi, LLC to install the equipment required for the Services, you are responsible for reimbursing Sebago Fiber & Wifi, LLC for those costs or losses.

 

Acceptance of these Terms does not guarantee that Sebago Fiber & Wifi, LLC 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”). We will only charge you if we notify you of a construction or installation fee during the online sign-up process. Sebago Fiber & Wifi, LLC 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 fee, you agree to pay the outstanding construction fee balance as of the date of such change, cancellation or termination. 

 

IV.    SEBAGO FIBER & WIFI, LLC EQUIPMENT

Sebago Fiber & Wifi, LLC 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 & Wifi, LLC may charge you a fee for replacement equipment. Equipment fees are subject to change. Unless explicitly stated otherwise on our website, Sebago Fiber & Wifi, LLC owns all equipment provided by Sebago Fiber & Wifi, LLC in connection with the Services. Equipment provided by Sebago Fiber and Wifi, LLC shall be plugged into the uninterrupted power supply (UPS) or battery backup. You the customer will own and provide this UPS. If you cannot provide this UPS equipment, Sebago Fiber will sell this UPS equipment to you. From time to time, Sebago Fiber & Wifi, LLC 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 & Wifi, LLC to install software upgrades on any equipment provided by Sebago Fiber & Wifi, LLC. You also agree not to use the Sebago Fiber & Wifi, LLC-owned equipment for any purpose other than using the Services.

 

V.    SERVICE AND INSTALLATION FEES

Sebago Fiber & Wifi, LLC offers only annual service agreements of one year, two years or three years in duration, with installations only occurring one time per year. Sebago Fiber does not install equipment during the summer months of June through August.   

View service and installation fees here.

You agree that the installation fees detailed on Sebago Fiber’s website are the installation fees for one residence or one place of business, each on a single lot. If this residence or place of business is sold or transferred, the installation fee is transferable with the home or business or lot to the home/business/lot’s new owner. In the event that the home, business, or lot to which a service contract applies is sold, the seller agrees to pay the remaining balance of the contract unless the new owner of the home, business, or lot signs to take over the contract.

 

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

Home Wiring Exclusion. The subscriber 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. Regarding buried service drops, the subscriber acknowledges and agrees that it must provide Sebago Fiber with one-inch (1”) conduit with pull string for such drops. By signing up for service, the subscriber also provides permission to Sebago Fiber to remove a consolidated drop from the home owner owned conduit.

 

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 & Wifi, LLC account. You may also access fee information through your online Sebago Fiber & Wifi, LLC account. You agree to pay recurring annual service fees in advance of the billing cycle in which you will receive the Services. Sebago Fiber & Wifi, LLC will bill one­time charges in the billing cycle following your authorization of such charges. You authorize Sebago Fiber & Wifi, LLC 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 & Wifi, LLC to automatically collect payments of any and all fees associated with your use of the Services via Sebago Fiber’s web-based portal using Stripe ACH (Automated Clearing House) (bank account withdraw) or Stripe on a monthly basis or full prepayment for the year. If payment is not received due to insufficient funds or for any other reason, Sebago Fiber & Wifi, LLC 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. If you request that Sebago Fiber & Wifi, LLC reinstate any suspended or terminated Services, Sebago Fiber & Wifi, LLC may charge you a reconnection fee. You agree that Sebago Fiber & Wifi, LLC is not responsible for any third-party charges you may incur in connection with your bank account, credit card, or other payment method.

 

Installation Fee Pre-payment. You have the option to pre-pay the installation fee, even if you are not receiving the service currently but would like to start receiving service during one of the installation periods in a future year. Such prepayment is transferable along with ownership of the home or business.

 

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 & Wifi, LLC. Sebago Fiber & Wifi, LLC 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 Fee and Monthly Equipment Assurance Fee 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 the greater of (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 & Wifi, LLC, we will schedule a disconnect appointment, and you agree to provide Sebago Fiber & Wifi, LLC personnel, its agents or representatives, access to the premise 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 & Wifi, LLC 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. We will refund all prepaid annual service fees charged for Services after the date of termination (less any outstanding amounts due to Sebago Fiber & Wifi, LLC for the Services, or other applicable charges and fees. If you terminate your service with Sebago Fiber & Wifi, LLC 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.

 

VIII.    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, we 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 & Wifi, LLC 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 & Wifi, LLC elects to arbitrate a Dispute, neither of us 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 & Wifi, LLC 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 & Wifi, LLC 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 & Wifi, LLC arbitrated by opting out. Doing so means neither you nor Sebago Fiber & Wifi, LLC 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 & Wifi, LLC 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 & Wifi, LLC 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 & Wifi, LLC 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.

 

IX.    NETWORK MANAGEMENT PRACTICES

Sebago Fiber & Wifi, LLC’s Network Management Practices are described at the link labeled “Network Management Practices” at its website (www.sebagowifi.com), and are incorporated into these Terms by reference.

 

X.    PRIVACY

We use the information collected from the use of Sebago Fiber & Wifi, LLC 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 & Wifi, LLC 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 & Wifi, LLC Services (such as URLs of websites visited or content of communications) will not be associated with the Sebago Fiber & Wifi, LLC Account you use, except with your consent or to meet any applicable law, regulation, legal process or enforceable governmental request.

We do not share personal information with companies, organizations and individuals outside of Sebago Fiber & Wifi, LLC except for our business purposes with service providers that help us install our services, provide customer support, process payments, and provide other services that help us provide and improve our services.  We may share non-personally identifiable information publicly and with our partners – like researchers, content providers, publishers, advertisers or connected sites.

 

XI.    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 & WIFI, LLC OR AN AGENT THEREOF, NEITHER SEBAGO FIBER & WIFI, LLC NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES, INCLUDING ANY EQUIPMENT PROVIDED TO YOU BY SEBAGO FIBER & WIFI, LLC, 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 & WIFI, LLC, 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 & WIFI, LLC, 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 & WIFI, LLC, AND SEBAGO FIBER & WIFI, LLC’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

 

XII.    ACCEPTABLE USE POLICY

Sebago Fiber & Wifi, LLC’s Acceptable Use Policy can be found at the link labeled “Acceptable Use Policy” at its website (www.sebagofiber.me), and are incorporated into these Terms by reference.

 

XIII.    MISCELLANEOUS

Changes to these terms. We may modify these Terms to, for example, reflect changes to the law or changes to our Services. You should look at the Terms regularly. We 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 & Wifi, LLC 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 & Wifi, LLC 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 the subscriber understand and agree that Sebago Fiber & Wifi, LLC does not guarantee that any particular amount of bandwidth on the Sebago Fiber & Wifi, LLC network or that any speed or throughput of Subscriber's connection to the Sebago Fiber & Wifi, LLC network will be available to Subscriber. Subscriber understands and agrees that the speed of the Internet Service provided at Subscriber's site will vary depending upon a number of factors, including Subscriber's computer system(s) and associated equipment (e.g., Subscriber-sourced WiFi routers/access points, etc.), Internet traffic, and other factors such as system capacity limitations, governmental actions, events beyond Sebago Fiber & Wifi, LLC's control, and system failures, modifications, upgrades and repairs. Subscriber understands that Subscriber's 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 or points of access. In order to extend the range of the service outside of a home to other areas serving the subscriber, subscriber understands, acknowledges, and agrees that subscriber may need to purchase additional access points in order to achieve this.

Sharing of Accounts is Prohibited. Sharing Customer’s Internet Service with another party is strictly prohibited. Customer 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.