Terms & Conditions
By subscribing to Sail Internet Inc. (“Sail”) service (the “Service”), you (customer) agree to comply with the Sail Service Agreements listed below, which constitute the entire agreement between Sail and you, and neither party is entitled to rely on any agreements or undertakings made by the other except those contained in the Sail Service Agreements. The Sail Service Agreements contain important information regarding your rights and responsibilities. Except for any physical Service Order that you sign with Sail, Sail may amend the Sail Service Agreements from time to time in its sole discretion and without notice to you, but Sail also may send notice of any changes to your email address on file. A current copy of the Sail Service Agreements that you may access at any time will be available online from your customer account and/or maintained on Sail’s website [www.sailinternet.com]. Your continued use of the Service constitutes your acceptance of any Sail Service Agreement changes. Please review them carefully from time to time to ensure your compliance. The “Sail Service Agreements” are:
- Terms of Service (this document, also referred to herein as this “Agreement”). This document contains the general terms and conditions governing, and information about, the Service and your use of the Service, including Sail’s policies relating to such matters as billing and customer service.
- Service Order(s). This document identifies the specific Service purchased, pricing, and any other unique terms and conditions applicable to the Service purchased. You probably were provided with a copy of the Service Order when Sail initiated or last serviced your account, but you may obtain a copy by contacting Sail during normal business hours.
- Acceptable Use Policy. This document governs your permitted and prohibited uses of the Service. The terms of the Acceptable Use Policy are contained in this Agreement under the heading “Acceptable Use Policy”.
By signing the Service Order or using the Service, you accept (in other words, make legally binding) the above Sail Service Agreements and confirm that, by doing so, you are not violating the terms of any agreement that you have with another provider of services. If you do not wish to be bound by any of the terms of any of the Sail Service Agreements, then you may not use the Service and/or immediately must cease using the Service and notify Sail of such discontinuance, as commencement or continued use of the Service shall be deemed to constitute your agreement to be bound by the Sail Service Agreements.
This document contains a “binding arbitration clause,” WHICH SAYS THAT THE PARTIES HERETO AGREE TO RESOLVE DISPUTES THROUGH ARBITRATION. THE ARBITRATION PROVISION REQUIRES THAT DISPUTES BE RESOLVED IN INDIVIDUAL ARBITRATIONS. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.
Description of Service
The Service provides high-speed internet access, connecting your home or business, as applicable, to the public Internet over a shared-access network. Sail will make a reasonable effort to meet the target Service speeds contracted for, but Sail is not providing a guaranteed service level. If you need a guaranteed service level, you may contract for one under Sail’s business-class service.
Sail will use commercially reasonable efforts to manage the quality of experience between the network adapter or router that Sail installs at your home or business, as applicable, and Sail’s interconnect to the public Internet. Sail cannot control the quality of experience to specific websites or content providers. Sail also cannot control the quality of experience over the network inside your home or business (wired or wireless), as this will be determined by your devices and home or business environment.
Availability of Service
When you sign up for the Service, Sail will come to your home or business location and determine if you can receive the Service at your location. Service may not be available in all locations, even if you are in a Sail service area.
Sail reserves the right to modify or discontinue the Service, including target speed levels and cost, at any time and for any reason. If possible, Sail will provide you with at least 30 days’ prior notice. Continued use of the Service constitutes your acceptance of any Service changes.
Use of IP Addresses
As part of the residential Service, Sail dynamically assigns an IP address to a gateway device in your home, such as a network adapter or home router. This IP address allows devices on your home network to reach the Internet. This IP address may change over time, and it may not be a publicly routable IP address. If you require a statically assigned IP address that is routable from the Internet, you may contract for this under Sail’s business-class service.
As part of the business-class Service, Sail will assign one static IP address. Sail offers additional static IP addresses for an additional monthly fee. If your static IP address needs to change, Sail will coordinate the timing of the change with you.
As needed, Sail will convert the Service from IPv4 to IPv6 IP addressing. Some of your equipment may need to be upgraded when this transition occurs.
Customer Account and Communication
Sail requires that you maintain a Customer Account on the Sail website. You must provide us with your full legal name, a valid email address, and any other information requested as part of the sign-up process. Except where prohibited by applicable law, you agree to receive all communications about the Service by email, and that Sail may contact you about the Service using the contact information in your Customer Account.
Payment for Service
Sail requires that you maintain an automated payment method on your Customer Account. Sail will obtain your payment method when you order Service, and you may update your payment method online from your Customer Account or by calling Sail during normal business hours. Sail may, but is not required to, verify your credit standing, including through credit reporting agencies.
Sail accepts Visa, MasterCard and Discover credit/debit cards or ACH transactions. Sail follows industry standards in order to protect the security of your credit card information.
Your first payment for Service is due at the time of installation and at the start of each subsequent monthly (or annual) billing period (that is, in advance). Your installation fee will also be charged at the time of installation. For accounting purposes, Sail may shift the start of your billing period and charge you for a partial period during that period. You are responsible to pay all other fees applicable to the Service, including taxes and surcharges. Because tax and regulatory rules are subject to interpretation and change, Sail has complete discretion in deciding what fees, taxes and surcharges to collect from its customers. You waive (in other words, you are not eligible to receive) a refund of any fees that Sail collects and pays to any governmental authority or agency. Sail may increase the fees it charges for the Service upon reasonable advance notice to you, and your continued use of the Service constitutes acceptance of such fee increases. If you have any questions about Sail’s prices, fees or billing, please contact Sail during normal business hours.
If you fail to pay in full the invoiced amount by the due date on the applicable billing statement, Sail may require that you pay reasonable late fees.
If Sail suspends your Service for failure to pay amounts owed or for violation of the Sail Service Agreements, then Sail may require that you pay a fee for restoring the Service. You must bring any billing errors to Sail’s attention within 60 days of the applicable invoice date or you waive the right to (in other words, you will not be eligible to receive) a refund or credit from Sail.
Access to your Home or Business
You agree to allow reasonable access to your home or business location, as applicable, by Sail employees, partners and subcontractors for installation and maintenance of equipment. If you don’t own your home or business location, it is your responsibility to obtain permission from your landlord, if needed.
Sail Equipment and Software
Sail may upgrade equipment that has been provided to you. Unless otherwise stated, Sail owns all equipment provided to you as part of the Service and you have no right, title or interest in or to the equipment except the right to use the equipment as part of the Service. The equipment shall not become a fixture or part of any real property where the equipment is located. You will make a reasonable effort to maintain the equipment in the same condition and working order as when it was first provided to you, reasonable wear and tear excepted. The Service may not work with customer premises equipment not provided by Sail. You shall not move any Sail equipment to any location other than the location where Sail initially installed it, even if you move to a new location and continue to pay Sail for the Service. You are responsible for any lost, stolen or damaged equipment provided by Sail, even if you are not at fault.
Sail may provide software as part of assistance with or use of the Service. All software provided by Sail is licensed to you (in other words, allows you to temporarily use) for the sole and limited purpose of using the Service specifically as permitted by the Sail Service Agreements. The software and any other intellectual property provided by Sail always belongs to Sail and its licensors and providers, and you obtain no ownership right whatsoever in them or any right to license them to others.
Cancellation of Service
Unless set forth otherwise in your Service Order (that is, Service Orders that have a stated contractual term/duration), you may cancel the Service at any time by notifying Sail, which cancellation will become effective at the end of your current billing period. As such, your Payment for Service is non-refundable. At the time of cancellation, Sail may arrange to uninstall and/or pick up any equipment that has been provided to you. You will cooperate with Sail and/or its independent contractor in facilitating the removal or return of the equipment, including providing Sail with reasonable access to the equipment.
Subject to applicable law, Sail may, at any time without notice for any or no reason, in its sole discretion, terminate, limit or suspend your Service and right to use any software or equipment provided by Sail, including if: (1) your use of the Service does not conform with the terms of any Sail Service Agreement; (2) your use of the Service interferes with Sail’s ability to provide the Service to you or Sail’s other customers; or (3) you threaten, harass, or use vulgar and/or inappropriate language toward Sail personnel.
Acceptable Use Policy
Sail at all times has the right to block, suspend, deny or terminate (disconnect) the Service without prior notice to you if you use the Service in violation of Sail’s service Acceptable Use Policy, which is as follows:
- Permitted Use.
- Residential Service – Personal Use Only; No Commercial Use: The Service is only for the reasonable, personal use of you and other occupants and guests of your residence. You may not resell, trade or redistribute access to the Service or applications based on the Service, with or without a fee. Examples would be creating a Wi-Fi Hotspot, providing a VoIP calling service, or sharing the Service with your neighbors.
- Business Class Service: The Service is only for the use of your business and guests of your business. You may not resell, trade or redistribute access to the Service or applications based on the Service, with or without a fee. Examples would be creating a Wi-Fi hotspot, providing a VoIP calling service, or sharing the Service with your neighbors or other businesses.
- Running a Business:
- Residential Service – Personal Use Only; No Commercial Use: Sail’s Service cannot be used for any business or enterprise purpose whatsoever, regardless of whether the business is intended to or actually does generate revenues or make a profit. For example, you may not host a commercial website, operate a commercial server, send unsolicited bulk or commercial messages, collect responses to unsolicited bulk or commercial messages, use a static IP address, engage in telemarketing or use the Service in any way that is inconsistent with residential use.
- Business-Class Service: You may not use the Service to host servers from your business. For example, you may not host a commercial website, operate a commercial server, host large design databases, send unsolicited bulk or commercial messages, collect responses to unsolicited bulk or commercial messages, engage in telemarketing or use the Service in any way that is inconsistent with small business use. You may contract with Sail for enterprise business service if you have the foregoing needs.
- Content and Transmissions: You shall not use the Service to access, upload, post, store, display, transmit or distribute information, data, information, content or material that (i) is illegal, threatening, harassing, hateful, libelous, defamatory or otherwise injurious to any other person or entity; (ii) is obscene, pornographic or contains graphic visual depictions of sexual acts or sexually explicit conduct involving children or minors or otherwise may harm a minor; (iii) violates, misappropriates, misuses or infringes the intellectual property or proprietary rights of any other person or entity (such as copyrighted material); (iv) violates the privacy or dignity of any other person or entity; (v) contains software viruses or other malicious computer code; or (vi) that constitutes or encourages conduct that would constitute a criminal offense, or otherwise violate any local, state, federal, or non-U.S. law, order, or regulation. For example, you shall not download or upload unauthorized content, such as content that is copyrighted, protected by the Digital Millennium Copyright Act (DMCA) or otherwise protected, without express permission from the legal rights holder.
- Use by Others: You bear sole responsibility for the use of the Service. It is highly recommended that you use password-protected wireless encryption on your wireless network to prevent unauthorized use, and reduce the chance of Internet security problems.
- Use by Children: You have sole responsibility to protect children and other minors from access to inappropriate internet content, applications and websites while using the Service. If children have access to the Service, Sail encourages you to use online Parental Controls and carefully supervise online activity.
- Online Security: You have sole responsibility to protect your computers, devices and networking equipment so that they are not subject to external threats, such as viruses, spam, malware or other methods of intrusion. You are responsible for any misuse of the Service, even if the misuse was committed without your authorization.
- Legal Compliance: You may not use the Service for any illegal or unauthorized purpose. You are solely responsible to ensure that use of the Service is in compliance with all applicable laws.
- Network Management. You shall not use the Service in any manner that interferes with Sail’s ability to effectively manage its network, including to restrict, inhibit, interfere with, or otherwise disrupt or cause a performance degradation, regardless of intent, purpose or knowledge, to Sail’s Service or any host, server, backbone network, node or service, or otherwise cause a performance degradation to any facilities used to deliver the services. You shall not interfere with Sail’s ability to provide services to other customers or users, including any actions that result in excessive consumption or utilization of network resources or bandwidth or that may weaken network performance, reliability or security.
- Third Party Networks and Sites. You shall not use the Service to (i) restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy Sail’s services (except for tools for safety and security functions such as parental controls, for example), including posting or transmitting any information or software that contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others’ ability to use, send, or retrieve information; (ii) access or attempt to access any other person’s or entity’s computer, device, software, data, network or system without their knowledge or consent; (iii) breach or attempt to breach the security or protective measures employed by any computer, device, software, network or account of any person or entity; (iv) impersonate any person or entity, engage in sender address falsification, forge any other person or entity’s digital or manual signature, or perform any other similar fraudulent activity (such as phishing); (v) violate the rules, regulations, terms of service, or policies applicable to any network, server, computer database, service, application, system, or Website that you access or use; (vi) interfere with computer networking or telecommunications service to any other user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abusing operator privileges, and attempts to “crash” a host.
Sail’s action or inaction under this Acceptable Use Policy shall not constitute review or approval of any use of the Service or information transmitted by any user.
Sail’s goal is to resolve disputes and claims (collectively, “Disputes”) fairly and quickly. However, if Sail cannot resolve any Dispute with you, then, except as described elsewhere in this Section, the parties shall submit the Dispute to the American Arbitration Association for resolution by binding arbitration under its Commercial Arbitration Rules or, by separate mutual agreement, to another arbitration institution. Any Dispute shall be governed by and construed and enforced in accordance with the laws of the State of California, without regard to conflicts of law principles, and shall be heard in Santa Clara County, California.
You may bring claims only on your own behalf, and not on behalf of any official or other person, or any class of people. You only may submit claims for money damages to arbitration; all claims for injunctive, equitable or similar relief must be brought in a court with competent jurisdiction and appropriate venue. You may not combine a claim that is subject to arbitration under any Sail Service Agreement with a claim that is not eligible for arbitration under any other Sail Service Agreement. The arbitrator will decide whether a dispute can be arbitrated.
The arbitrator will issue an award decision in writing but will not provide an explanation for the award unless requested by a party. Any arbitration award over $75,000 may be appealed to a three-person panel appointed by the same arbitration institution that rendered the original award. Any such appeal must be filed within 90 days and the appeal will be decided, based on that institution’s appeal rules, within 120 days of filing.
If the prohibition against class action and other claims brought on behalf of third parties contained in this Section is found to be unenforceable, then all of this Section automatically will be void. This Section regarding arbitration will survive the termination of the Service and the Sail Service Agreements.
REGARDLESS OF WHETHER IN COURT OR IN ARBITRATION, YOU AND SAIL AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY.
- Sail uses your street address to determine if your location can receive Sail Service. Sail uses your email addresses to notify you when Sail Service becomes available in your area, or to inform you about other Sail products and services.
- If you are not a current customer, Sail offers an opt-out mechanism in case you no longer want to be contacted by Sail. In any case, Sail will never contact you by phone for telemarketing purposes.
- If you are a current customer, Sail may contact you using your specified contact methods regarding your Service, for example regarding an issue with payment, your bill, service outages, equipment upgrades, etc.
- Sail uses your payment method to collect payment for Service. Sail follows industry standards to protect the privacy of your payment information.
- Sail may collect non-personally identifiable information about use of the Service and the devices being used with the Service. This information may be used for legitimate network management purposes.
Temporary interruptions of the Service may occur, and Sail is not liable for such interruptions. Sail is not liable for any disruptions to the Service for any cause beyond our reasonable control, such as acts of God, cable cut, serious weather event, earthquake, flood, fire, war, explosion, vandalism, terrorism, national emergency, legal requirement, etc.
Limitation on Types of Damages; Disclaimer of Warranties; Limitation of Liability
THE SERVICE (WHICH, FOR PURPOSES OF THIS SECTION, ALSO REFERS TO EQUIPMENT AND SOFTWARE PROVIDED BY SAIL) IS NOT GUARANTEED TO WORK, TO BE ERROR- OR VIRUS-FREE, OR TO BE COMPATIBLE WITH ANY NON-SAIL SERVICES, EQUIPMENT OR SOFTWARE. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND IS USED AT YOUR SOLE RISK. NEITHER SAIL NOR ITS LICENSORS, AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS, CONTRACTORS, DISTRIBUTORS, OR BUSINESS PARTNERS MAKE ANY WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, INCLUDING ANY IMPLIED WARRANTIES (SUCH AS THOSE OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, ARISING FROM A COURSE OF DEALING OR PERFORMANCE, AND NON-INFRINGEMENT). IF THE LAW WHERE YOU ARE RECEIVING THE SERVICE PROHIBITS SAIL FROM EXCLUDING ANY PARTICULAR WARRANTIES, THEN THOSE WARRANTIES ARE NOT EXCLUDED TO THE EXTENT REQUIRED TO COMPLY WITH SUCH LAW. SAIL SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY LOSSES OR DAMAGES OF ANY KIND BASED ON BREACHES OF THE SAIL SERVICE AGREEMENTS OR YOUR RELATIONSHIP WITH SAIL, REGARDLESS OF THE BASIS OF ANY DISPUTE OR CLAIM. SAIL SHALL NOT, UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY (INCLUDING TORT OR CONTRACT), HAVE ANY LIABILITY TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL LOSSES OR DAMAGES (INCLUDING LOSS OF PROFITS, LOSS OF EARNING, LOSS OF BUSINESS OPPORTUNITIES, PERSONAL INJURIES, OR DEATH) THAT RESULT DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH (1) YOUR RELIANCE ON OR USE OF THE SERVICE; OR (2) THE INSTALLATION, SELF-INSTALLATION, MAINTENANCE, FAILURE, OR REMOVAL OF THE SERVICE (INCLUDING ANY MISTAKES, OMISSIONS, INTERRUPTIONS, HARDWARE OR SOFTWARE BREACH, SECURITY BREACH, FAILURES OR MALFUNCTIONS, DELETION OR CORRUPTION OF FILES, WORK STOPPAGE, ERRORS, DEFECTS, DELAYS IN OPERATION, DELAYS IN TRANSMISSION, FAILURE OF PERFORMANCE OF THE SERVICE OR CUSTOMER OWNED EQUIPMENT, OR ANY OTHER MISTAKES, OMISSIONS, OR LOSS OF E-EMAIL, INFORMATION OR DATA). IN NO EVENT WILL SAIL BE LIABLE FOR DAMAGES UNDER THE SAIL SERVICE AGREEMENTS FOR AN AMOUNT IN EXCESS OF THE MONTHLY FEES SAIL HAS RECEIVED FROM YOU IN THE SIX MONTH PERIOD PRIOR TO YOUR CLAIM. This Section will survive the termination of the Service and the Sail Service Agreements.
IF ANOTHER PERSON OR ENTITY SUES SAIL OR ITS EMPLOYEES, AFFILIATES, CONRACTORS, REPRESENTATIVES, OR OTHER RELATED PARTY, BASED ON YOUR USE OF THE SERVICE OR SAIL-PROVIDED EQUIPMENT AND SOFTWARE (FOR EXAMPLE, CLAIMING THEFT OR COPYRIGHT VIOLATION BASED ON SOMETHING POSTED ON-LINE USING THE SERVICE), OR BASED ON OR RELATING TO YOUR BREACH OF ANY SAIL SERVICE AGREEMENT(S), YOU SHALL HOLD HARMLESS SAIL AND INDEMNIFY (IN OTHER WORDS, PAY TO MAKE WHOLE) SAIL FOR ANY LOSSES OR LIABILITIES, INCLUDING REASONABLE ATTORNEYS’ FEES, INCURRED BY SAIL TO DEFEND OR SETTLE SUCH CLAIM. This Section will survive the termination of the Service and the Sail Service Agreements.
Network and Service Transparency Information
Sail does not block, throttle or prioritize any particular website or online service. In the event of network congestion, each individual customer, website and online service is treated in an equal and non-discriminatory basis. Sail does not monitor or track where Sail customers go on the Internet, but Sail does monitor aggregate per-customer bandwidth usage for network management purposes. Sail also monitors aggregate bandwidth usage at each location where the Sail network interfaces to the Internet. Sail has no restriction on the types of devices that customers may connect to the Internet, but also does not guarantee such devices will function appropriately with the Service and reserves the right to limit or deny Service to any customer where a device is causing network management or service problems for Sail or its customers.
Specifications for the Service are set forth on Sail’s website [www.sailinternet.com] and/or in each Service Order entered into by a customer. Sail Internet service is provided by Sail on a commercially reasonable effort basis. Sail maintains no standard service level guarantee (such as for speed, latency, availability). Commercial terms for the Service are contained in the Sail Service Agreements, including for pricing, taxes and surcharges, if any.
Updated Nov 30, 2018