Seawire Networks Terms of Service


Master Service Agreement

This Agreement is between you as our Subscriber ("Customer" or "you" or "your") and Secure Networks, DBA. and its affiliates ("Seawire Networks") and it sets forth the terms and conditions under which you agree to use and we agree to provide the Service.


The Effective Date of this Agreement shall be when you accept this Agreement.

Acceptance by you of this Agreement occurs upon the earlier of: (a) Seawire Networks acceptance of a Service Order signed by you indicating your acceptance of this Agreement; (b) your acceptance of this Agreement electronically during an online order, registration or when installing the Software or the Equipment; (c) your use of the Service; or (d) your retention of the Software or Equipment we provide beyond thirty (30) days following delivery. If you change Service plans, your term and monthly rate may change (depending on the plan you select), but all other provisions of this Agreement will remain in effect unless otherwise noted.

This Agreement consists of the terms below (The Master Service Agreement), plus (a) the specific terms of your Service plan (including the plan's pricing, duration and applicable termination charges);and any applicable Additional Services Terms (Attachment b). This Agreement and related policies are posted online at ("Website"). 

Seawire Networks is committed to providing dedicated, reliable and robust Internet services by providing options that are not offered by other Internet Service Providers (ISPs). By entering this Agreement or subscribing to Seawire Networks services, Customer understands and agrees to this Master Service Agreement and the Terms of Service applicable to service to which Customer subscribes (collectively, the "Agreement"). Additionally, Customer agrees to be bound by any future modifications or additions to the Agreement for which Seawire Networks provides notice to Customer. If Customer does not agree with any modification or addition to the Agreement, Customer may terminate Customer's subscription as provided by the Termination Policy set out below. In the case of an inconsistency or conflict between terms and conditions of an applicable Service Addendum and/or Service Order, the governing order of precedence will be (1) the Service Order (2) the Service Addendum, (3) the Seawire Networks Master Service Agreement.

1. Notices to Customer- Email: Seawire Networks primarily communicates with customers via email. Customer agrees that sending a message to Customer's contact email address is Seawire Networks's agreed upon means of providing notification to Customer. All Seawire Networks Internet paid services require you to provide Seawire Networks with at least one email account. Customer agrees that Customer routinely will check this email account, or in the event that Customer has another email account that Customer prefers to use, make arrangements to forward Customer's preferred account to Seawire Networks. Customer's personal, provided email account is used to communicate vital information about Customer's services, billing, service outages, the Agreement, and enhancements or changes to Customer's existing services and to make Customer aware of products or services that might be of interest to Customer. This information is time-sensitive in nature. Customer must read any email sent to Customer's account to avoid any potential interruptions in Customer's service.

2. Privacy Policy: Seawire Networks is committed to respecting Customer's privacy. As explained below, Customer's personally identifiable information will only be used in the context of customer's relationship with Seawire Networks, including service and billing functions and informing Customer of products and services of potential interest.

On various Seawire Networks web pages Customer can order services, make requests, and register to receive materials or support. The types of personal information collected at these pages are name, username, contact and billing information, transaction, and credit card information. Data collected online may also be combined with information provided during ownership registration of Seawire Networks products and services. In order to tailor subsequent communications and continuously improve products and services, Seawire Networks may ask Customer to voluntarily provide information regarding Customer's personal or professional interests, demographics, product experience, and contact information.

Seawire Networks will not sell, rent, or lease Customer's personally identifiable information to others. Except as may be required by subpoena, search warrant, or other legal process or in the case of imminent physical harm to a customer or others, Seawire Networks will only share the personal data the Customer provided with business partners who are acting on Seawire Networks's behalf to complete the activities Customer requested. In that event, Seawire Networks's business partners will be governed by Seawire Networks's privacy policy with respect to the use of this data. Should a company not governed by Seawire Networks's privacy policy require Customer's personal information, Customer's permission will be initially obtained, unless seeking Customer's permission is inconsistent with legal guidelines or legal requirements. The use of any shared data will be governed by the company's respective privacy policy.

Seawire Networks uses Customer's information to better understand customer needs and continuously improve the level of service provided. Specifically, Customer's information is used to help complete a transaction, to communicate back to Customer, to update Customer on service and benefits, and to personalize Seawire Networks's web site. Credit card numbers are used only for payment processing and are not utilized for other purposes.

From time to time, Seawire Networks may use Customer's information to contact Customer for market research or to provide Customer with information thought to be of particular interest. At a minimum, Customer will have the opportunity to opt out of receiving such direct marketing or market research contact. Where applicable, Seawire Networks will also follow local requirements such as allowing Customer to opt in before receiving an unsolicited contact.

Seawire Networks has put in place physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information Seawire Networks collects online. However, no transmission of data over the Internet is guaranteed to be completely secure. While Seawire Networks strives to protect Customer's information, Seawire Networks cannot guarantee or warrant the security of any information Customer transmits to Seawire Networks. Any such transmission is done at Customer's own risk. Neither people nor security systems are foolproof, and people can commit intentional crimes, make mistakes or fail to follow policies. Although Seawire Networks takes certain precautions, Seawire Networks does not guarantee security. Additionally, it may be possible for third parties to intercept or access transmissions or private communications unlawfully. Customer assumes the risk of any failure of security and agrees to do what Customer reasonably can to promote security.

3. Acceptable Use Limitations and Guidelines:

3.1 Bandwidth: As an ISP, Seawire Networks's financial liability is partially determined by the amount of bandwidth customers utilize. Seawire Networks can normally balance that cost and utilization while continuing to provide great service to all customers. Customers will not be charged for the bandwidth consumed, nor does Seawire Networks have specific limits or caps on that bandwidth. However, if Customer utilizes any of Customer's Seawire Networks services in a manner that consumes excessive bandwidth or otherwise negatively affects Seawire Networks's core equipment, overall network performance, or other users' services, Seawire Networks may require that Customer cease or alter these activities.

3.2 Signal Availability: Seawire Networks has put in place an infrastructure to deliver access to the Internet via wireless transmitters and receivers and attempts to bring the best level of signal strength and service possible. Due to the nature of wireless transmissions and the unpredictability of signal interference, Seawire Networks does not assume any liability or guarantee signal strength or availability. Environmental conditions, geography and other interfering factors can affect the level of service and signal strength a customer may receive. Customers are ultimately responsible for researching and determining if the satisfactory service level is available and obtaining the proper equipment to access a Seawire Networks service. Customer's may contact Seawire Networks at to seek information about service availability, equipment to use, or steps to take to ensure a more reliable signal reception.

3.3 Reverse DNS: Seawire Networks does not allow customers authoritative control of their own reverse Domain Name System (DNS) within the domain.

3.4 Resale of Services: The resale of any Seawire Networks services is strictly prohibited.

3.5 No Disruptions: Any service that causes a disruption in the network integrity of Seawire Networks or its vendors, whether directly or indirectly, is strictly prohibited and could result in termination of service. This may include but is not limited to: Internet Relay Chat servers, adult-content servers, bots, web pages hosted on any Seawire Networks servers, servers connected to a Seawire Networks provided Internet connection, or shared networks. Seawire Networks reserves the rights to modify or terminate services at Seawire Networks's sole discretion.

3.6 Acceptable Use Guidelines: Customer is ultimately responsible for any and all activity that originates from Customer's Internet circuit regardless of Customer's knowledge of such activity. This includes, but is not limited to, activity by employees, visitors and guests or other household members. This also applies to security breaches of Customer's own system by others who launch attacks from Customer's machine. It is imperative that everyone with an Internet connection takes proper precautions to ensure the security of their machine. Customer is liable and accountable for any activity originating from any of Customer's Seawire Networks account services that is deemed to be in violation of Seawire Networks's Acceptable Use Policy.

Seawire Networks vigorously pursues all instances of abuse.

An existing Seawire Networks customer ("Existing Customer") may not, via phone or online account access, establish a new user associated with his or her account where the person on whose behalf the new user was established ("New Person") would have a reasonable expectation of privacy with regard to the account information, including CPNI, associated with the services the New Person receives from Seawire Networks. Such a reasonable expectation is present if such New Person would consider himself or herself to be a Seawire Networks customer, separate and apart from the Existing Customer.

In the event of activity that could be considered deliberately or otherwise abusive or in violation of this Acceptable Use Policy, Seawire Networks reserves the right to suspend and/or terminate Customer's account and all Seawire Networks-provided services immediately, without advance notice. Seawire Networks reserves the right, at its sole discretion, to make a determination of what constitutes abuse and Customer agrees that Seawire Networks's determination is final and binding on Customer. Seawire Networks reserves the right to modify or terminate services at Seawire Networks's sole discretion.

4. The following activities violate Seawire Networks's Acceptable Use Policy:

4.1 Intellectual Property Rights Infringement, DMCA, Notice to Copyright Agent: Customer may not store material on, or transmit material over, Seawire Networks's information systems or servers in any manner that infringes the intellectual property rights of any entity or individual. All notices received by Seawire Networks indicating any activity suspected to infringe upon third party intellectual property rights will be re-routed to the primary account holder on file, accompanied by a request to verify and possibly cease and desist. Seawire Networks's policy of service suspension or termination of members deemed to be infringing the intellectual property rights of a third party is in accordance with the Digital Millennium Copyright Act ("DMCA") as well as U.S. copyright law.

4.2 Denial of Service: The use of Customer's connection to facilitate any activity that deliberately impairs another entity, individual or machine from accessing its computer or Internet connection is a violation of this Agreement.

4.3 Cracking / "Hacking": Any customer accessing or attempting to access the machines or accounts of others or any other attempts to breach the security of other systems, regardless of success or failure, is a violation of this Agreement. This also applies to unauthorized mail or web relay/proxy access attempts and port scans.

4.4 E-Mail Spam: Transmission of unsolicited e-mail from anywhere within Seawire Networks's network, distributing unsolicited, commercial, email which advertises any portion of Seawire Networks's network, IP or domain space, hosting content for the purpose of spamming (such as bulk e-mail distribution lists) or providing support services (such as DNS) for anyone intending to conduct such activity, or otherwise failing to comply with the U.S. CAN-SPAM Act of 2003, is a violation of this Agreement.

4.5 Newsgroup Spam: Posting of messages to newsgroups that are off-topic or mass posting of messages to news groups is a violation of this Agreement.

4.6 Dissemination of Viruses: Intentional release of malicious software that is an attempt to cause damage or harassment to persons and/or machines is a violation of this Agreement. Repeated demonstrated neglect of equipment on the network which causes malicious traffic or allows unsolicited emails containing virus attachments to be sent to other customers or third parties is a violation of this Agreement.

5. Source Addresses: All Internet Protocol datagrams which traverse Seawire Networks infrastructure are required to have valid information in the source address field of the outermost header. Customer may only emit Internet Protocol datagrams whose source address used in the outermost header satisfies one of the following conditions:

(i) The address has been allocated to Customer by Seawire Networks.

(ii) Customer has made previous arrangements with Seawire Networks to permit the use of Provider Independent address space across Customer's connection. Failure to abide by this requirement is a violation of this Agreement.

6. Personnel Abuse: Personal threats, sexual harassment, profanity and vulgarities of any sort directed toward Seawire Networks personnel are a violation and grounds for termination of this Agreement.

7. Support: The technical support that Seawire Networks provides is limited to the services that Seawire Networks provides and assistance with configuring Customer's computer and/or browser applications to work with Seawire Networks's services. Support for other applications and uses is not provided or implied unless specifically contracted.

8. Accounts Receivable, Billing and Invoicing: All account payments are processed by Seawire Networks or Meraki Inc.

Seawire Networks reserves the right to perform a credit/background check as part of the qualification process prior to order placement or at any other time at Seawire Networks's sole discretion and to either cancel the order without liability to either party or require prepayment of up to 90 days worth of service fees based on the results of this check.

Bill Accounts will be invoiced 30 days prior to the start of each regular monthly service period. Exceptions may include the initial or final invoice for a particular service. Payment is due prior to the beginning of the service period billed, as indicated by the invoice's Due Date. All payments will be applied to the oldest unpaid invoice in relation to the Customer account's bill cycle. For example, if the Customer Bill Account's Invoice Date is the 15th of the month and payment remains past due until the 28th, Accounts Receivable will apply Customer's payment back to the previous month, forwarding Customer's Due Date for current charges to the 15th of the following month. Customer will need to make another payment before the 15th to keep Customer's account from becoming past due again. If a payment in any form is recovered or otherwise not paid by Customer's financial institution, there will be a Returned Payment Fee.

9. Account Billing: Most service is provided on a prepaid basis. Service will automatically terminate at the end of the paid period and must be renewed on-line for additional service. Billing will commence on Customer's Activation Date (i.e. the day Seawire Networks's vendor declares Customer's service account is created.) Customer will be financially responsible for all service time thereafter unless Seawire Networks is notified within a timely manner of an outstanding issue which Seawire Networks deems to justify service credit. All additions to Customer's existing service package are recognized as non-refundable regardless of usage. Service fees may include applicable state and federal taxes and fees in addition to the advertised rate.

Seawire Networks charges for some service continuously regardless of whether or not Customer is using it because Seawire Networks continues to maintain Customer's connection.

10. Invoices and Payment: Typical Residential-class Bill Accounts are not automatically setup for credit card autorenewal by default. Customer must renew manually.

Business-class Bill Accounts will be mailed a monthly paper invoice free of charge unless alternative billing arrangements have been made.

11. Late Payment and Billing Disputes: Acceptance of late or partial payments (even if marked "Paid in Full" or with other such verbiage) shall not waive any of Seawire Networks's rights to collect the full amount of Customer's charges for the Service. Customer must notify Seawire Networks in writing within sixty (60) days after receiving Customer's Invoice if Customer disputes any Seawire Networks charges on that Invoice or such dispute will be deemed waived. Billing disputes should be directed to Seawire Networks in one of the following manners:


Customer agrees to reimburse Seawire Networks for reasonable attorneys' fees and any other costs associated with collecting delinquent or dishonored payments. If charges cannot be processed through Customer's credit card, Seawire Networks will charge Customer an additional $25.00. If the state law where Customer receives the Service requires a different fee, Seawire Networks will charge Customer that amount.

12. Term: This Agreement commences on the Effective Date, and continues through the latest expiration of all Order Form or Service Term(s) subject to this Agreement, unless earlier terminated as provided herein.

13 Termination: Seawire Networks reserves the right to terminate Bill Accounts that remain past due at its final discretion. Upon termination, services on the account will be discontinued and all files will be removed from Seawire Networks's servers without further notice. Any applicable Disconnection fees will be applied and due at that time.

If Customer wishes to reinstate service with Seawire Networks, Customer will be required to pay all outstanding charges from the inception of Customer's service continuously to the current month, which is always paid in advance. If Customer's account is permanently deleted, Customer's username may be reassigned. If Customer wishes to reinstate Customer's account, Customer will be subject to any and all installation and setup charges in effect at the time of order placement, as well as any pertinent outstanding charges from Customer's former account.

Seawire Networks has the right to terminate Customer's service at its sole discretion as determined by Seawire Networks's Acceptable Use Policy. Customers within an active service term that are terminated due to violation of Seawire Networks's Acceptable Use Policy and Limitations or that are past due will be assessed a standard Disconnection fees. All customers terminated for any of these reasons are liable for any and all outstanding funds due to Seawire Networks at the time of service termination, including but not limited to rendered service, hardware and installation fees.

Should Customer opt to terminate Customer's Seawire Networks service(s), Customer must contact Seawire Networks via email at on the date Customer wishes the termination to take effect. All disconnection requests will be processed on the date the request is received. This applies to both total account and single service terminations.

Seawire Networks reserves the right to modify this Agreement and if Customer does not agree with any modification or addition to the Agreement, Customer may terminate Customer's subscription as provided by the Termination Policy set out above. If Customer does choose to terminate Customer's service on the basis of a modification in the Agreement, Customer is responsible for all outstanding funds due to Seawire Networks at the time of the termination. Monthly service fees will be pro-rated and customer agrees that the Seawire Networks has the right to determine what is owed in the final invoice.

14. Limitation of Liability and Remedies: Customer assumes full responsibility and risk for Customer's use of the service and of Customer's account. Seawire Networks is not liable for any costs, expenses, losses, or damages, either general, special, actual, consequential, or incidental, that Customer may suffer or that some other person may suffer and claim against Customer resulting from the following: use, misuse, or service outage; customer provided hardware; Customer's actions or activities, whether legal or illegal; the actions or activities of any other Seawire Networks customer, whether legal or illegal; or any other goods or services provided by Seawire Networks or any of its vendors.

If Customer's state laws prevent Customer from taking full responsibility for Customer's use of the service, Seawire Networks's liability is limited to the greatest extent allowed by law. In any event, Seawire Networks's liability to Customer under this Agreement or in relation to any matter in any way connected with this Agreement, for any and all types of damages, in no event shall exceed the amount of service fees that Customer has paid to Seawire Networks in the year preceding Customer's notice of any claim to Seawire Networks, or the affected period, whichever is greater.


15. Disclaimer of Warranties: Seawire Networks makes no express or implied warranties (including warranties of title, non-infringement, and implied warranties of merchantability or fitness for a particular purpose), representations, or endorsements regarding its service or related equipment or software, or any third party material available through the service. Furthermore, the service, equipment and software are provided on an "as is, as available" basis -- Seawire Networks DOES NOT WARRANT THAT THEY WILL BE UNINTERRUPTED OR ARE ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.


17. Governing Law: Customer agrees that this Agreement shall be governed by the laws of Massachusetts with regard to its rules on conflicts of laws.

18. Copyright, Trademark & Unauthorized Use: All Services, information, documents and materials on Seawire Networks's website(s) are protected by trademark, copyright, patent and other intellectual property laws and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively "marks") of Seawire Networks are and shall remain the exclusive property of Seawire Networks and nothing in this Agreement shall grant Customer the right or license to use any of such marks.

19. Final Qualification: Seawire Networks is committed to providing quality Internet services. However, Seawire Networks is not ultimately responsible for the quality of Customer's actual computer or any modifications Customer makes to any equipment Seawire Networks supplies. Seawire Networks is committed to solving Customer's problems but Seawire Networks is not responsible for failings in individual Operating Systems and custom configuration of Operating Systems, Operating System components, software, network hardware, or inside wiring.

Although Seawire Networks wishes to provide an equitable solution to every customer, Seawire Networks reserves final rights in providing service and final discretion in all decisions.

20. Amendment: This Agreement, and any Service Addendum or Service Order, may only be modified or supplemented by an instrument in writing executed by a duly authorized representative of each party if by Customer, or by notice from Seawire Networks as described herein if by Seawire Networks. Without limiting the generality of the foregoing, any handwritten changes to a Service Order shall be void unless acknowledged and approved in writing by a duly authorized representative of each party.

21. Use of Name, Logo, Quotes & Case Studies. Customer extends to Seawire Networks the right to use, copy, transmit, display, and distribute Customer name, logo, quotes, case studies and testimonials in connection with Seawire Networks products. Such use shall include but not be limited to, sales collateral, websites, PR, advertising and other associated activities involving applicable external communications, using all media known and hereafter developed. Customer will have the pre-approval of all uses of Customer logos, as well as quotes, communication and messaging related to Customer. Customer agrees to provide comments of approval or changes within 48-hours of receipt or request for such approval.

22. Entire Agreement. This Agreement, including any future Service Addendum(s) and Service Order(s) executed hereunder, constitutes the entire and final agreement and understanding between the parties with respect to the Service and supersedes all prior agreements relating to the Service, which are of no further force or effect. The Service Addendums are included below in Attachments A through C and are hereby made integral parts of this Agreement.

23. Service Orders. By signing a Service Order form, Customer agrees to pay all charges incurred on Customers Seawire Networks account(s) as described therein, including any applicable federal, state or local use, excise, sales, privilege taxes, duties, or similar liabilities, by the stated due date and to adhere to all of the terms and conditions stated in the Seawire Networks Master Service Agreement and its Addendum(s), and promotional offerings and the terms and conditions included with the Service Order and its Appendices (collectively the "Agreement") which are hereby incorporated by reference. Customer also authorizes Seawire Networks to obtain any credit information necessary and/or Customer proprietary network information, necessary to provision the Seawire Networks Service and to establish this Seawire Networks account, and authorizes release of said information by any and all third parties to Seawire Networks. Further, Customer represents that he/she is authorized to approve and accept the responsibility of the terms and conditions therein.

All initial upfront charges are due and payable by Customer according to the terms and conditions of the Service Order. Delays in payment may result in Service activation delays. Service Order may not reflect all applicable federal, state or local use, excise, sales, privilege taxes, duties, or similar liabilities that may be applicable to the Services or the hardware which Customer will be responsible for paying.

Upon receipt of the Service Order executed by Customer, if Seawire Networks determines (in its sole discretion) to accept the Service Order, Seawire Networks will return a copy of the Service Order fully executed with Seawire Networks's representative's signature. Seawire Networks will become obligated to deliver ordered Service subject to the Master Service Agreement, its Addendum(s) and the Service Order only if Seawire Networks has returned to Customer a copy of the Service Order fully executed with Seawire Networks's representative's signature.

24. Miscellaneous.

24.1 Rebates. Customer may be eligible for equipment rebates. Customer is solely responsible for applying for and collecting any and all such rebates, which may not be used to offset any initial upfront or other charges, including but not limited to charges for hardware and installation.

24.2 Delay. If, at any time after execution of a Service Order, Customer causes a delay in Service installation or port dates, Customer shall be responsible for any additional cost and fees incurred by Seawire Networks or Customer as a result of this delay.

24.3 Warranty. Seawire Networks provided equipment may be covered by the original manufacturer's warranty. Seawire Networks assumes no liability for any equipment, Seawire Networks provided or otherwise.

24.4 Prepayment For Hardware. For hardware costs exceeding $500, Seawire Networks will schedule the delivery of hardware and provisioning of Services upon Seawire Networks's receipt of payment from Customer for 100% of the hardware charges and according to the other terms and conditions of this Agreement, its Addendum(s) and Service Order(s).

24.5 Customer Provided Hardware. If Customer has opted to provide its own equipment, Customer will be solely responsible for procuring any firmware licenses and/or updates and Seawire Networks shall have no obligation to provide such firmware licenses or upgrades.


Attachment "A"

Service Addendum
Seawire Networks Connectivity & Services

The terms and conditions below apply to your use of the service(s) in addition to the terms of the Agreement.

1. Pricing Guarantee. If Customer's account is invoiced monthly, quarterly, semi-annually or annually, Customer will receive Customer's set monthly recurring charge until the end of the current payment period.

2. Installation Procedure Policy. Seawire Networks is not responsible for loss of income or time due to an order not being completed within the time frame desired, service outages, missed appointments, and/or Trouble Ticket dispatches.

For most installation, an individual over the age of 18 must be present to grant access into the business, home, garage, apartment building, basement, phone closet, etc. so the technician can complete his or her work. In the event that there is no one present over the age of 18 at the scheduled time of the technician visit, and notification was not provided to Seawire Networks at least 2 business days in advance, there will be a Missed Appointment Fee charged. Similarly, a No Access Fee will be charged if a technician is denied access to the install location due to a locked facility, or by the actions of others.

If Inside Wiring is authorized during order placement, Customer is financially responsible for any and all applicable Inside Wiring Fees. If Customer chooses not to pre-authorize Inside Wiring work, and it is determined that additional wiring is needed to complete Customer's installation, it is Customer's responsibility to ensure the necessary wiring is completed by Customer or a third party vendor.

3. Disconnection Policy. It is the responsibility of the Customer to notify Seawire Networks of cancellation . Returning hardware, completion of service term, or cessation of payment does not constitute notification of cancellation.

4.Non-Seawire Networks Products. Any mention of non-Seawire Networks products by Seawire Networks and its employees is for information purposes only and does not constitute an endorsement or recommendation by Seawire Networks. Seawire Networks disclaims any and all liabilities for any representation or warranty made by the vendors of such non-Seawire Networks products or services.

 Attachment "B"

Service Addendum
Additional Service Terms

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