Sagenet

IMPORTANT! READ THIS DOCUMENT. YOUR USE OF THE SERVICES PROVIDED BY SAGENET LLC (“SAGENET,” “we,” “us” and our”) CONSTITUTES ACCEPTANCE OF THESE TERMS OF SERVICE AND CREATES A LEGALLY BINDING CONTRACT. DO NOT CONNECT TO THE INTERNET USING THE SAGENET SERVICES IF YOU DO NOT INTEND TO BE LEGALLY BOUND TO THESE TERMS OF SERVICE.

The term “Services”, as used in these Terms of Service, means the Wi-Fi access to the Internet provided by SageNet at the Location (defined below). In order to use the Services, you must first agree to the Terms of Service (the “Terms”). You may not use the Services if you do not accept the Terms. You can accept the Terms by either (i) clicking to accept or agree to the Terms, where this option is made available to you in the user interface for the Services, or (ii) by actually using the Services. Regardless of your method of acceptance, you understand and agree that SageNet will treat it as your complete acceptance of the Terms from that point onwards.

By accepting the Terms as provided herein, you represent that you have also read, understood, and agreed to our privacy policy at https://www.sagenet.com/privacy-policy and you agree that they are a part of these Terms.

In the event that SageNet has provided you with a translation of the English language version of these Terms, then you agree that the translation is provided for your convenience only; that the English language version of the Terms governs your relationship with SageNet, and, if there is any contradiction between what the English language version of the Terms and the translation says, the English language version shall take precedence.

You acknowledge and agree that the form and nature of the Services may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that SageNet may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at SageNet’s sole discretion, without prior notice to you.

You understand the minimum computer requirements necessary to access the Services and you may require additional computer equipment to gain full access to the Services.

You understand that SageNet is providing public Internet access pursuant to an agreement with the owner and/or manager (“Owner/Manager”) of the location at which you are accessing the Internet (the “Location”). SageNet, the Owner/Manager, and each of their respective affiliates and subsidiaries, and their officers, directors, subcontractors, employees, and agents are hereinafter referred to as the “SageNet Parties”. SageNet’s agreement with the Owner/Manager governs the available bandwidth, signal strength, and coverage area and the equipment installed to provide the Services (the “Equipment”). In some instances, the amount of overall bandwidth available can significantly and adversely impact the available bandwidth to you. In addition, the bandwidth being used by others accessing the Internet at the Location can significantly and adversely impact the available bandwidth to you. You acknowledge and agree that, as a result of these and other factors, the Services may not meet your requirements.

When you use the Services, you represent, warrant and agree that YOU WILL NOT:

Transmit any information or data, in any form, which violates any local, state, United States law or regulation, or applicable international law, tariff, or treaty, including without limitation transmitting anything that is harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, offensive, indecent, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or otherwise objectionable;
Violate or infringe any copyright, trademark, service mark, trade dress, patent, or other statutory or common law proprietary rights of others;
Publish, submit, copy, upload, post, transmit, reproduce, take, infringe on, or distribute information, software, or other material that is protected by copyright, trademark, patent, trade secret, any other type of intellectual property rights, trademark laws (by rights of privacy or publicity) or other proprietary right of any party unless you own or control the rights thereto or have received all necessary consents to do the same.
Send unsolicited mass e-mail messages (spam).
Engage in any activity or device in an effort to disguise the origin of any transmission.
Transmit any information or data that contains any computer virus, or any material designed to interrupt, destroy, or limit the functionality of any computer hardware or software.
Engage in any illegal gambling activity.
Engage in any activity that is harmful to minors.
Permit a minor to use the Services to access any content intended for adults.
Use the Services to commit or further any defamation, libel, fraud, forgery, pyramid or other prohibited business scheme, or any other deceptive activity.
Use the Services to commit or further any theft, misappropriation, or unauthorized transmission or storage of funds, credit card information, personal information, or online services.
Violate rules, regulations and policies applicable to any network, server, computer database, web site or ISP that you access through the Services.
Interfere with other customers' use and enjoyment of the Services.
Damage or disrupt the Services or damage the Equipment.
Damage the name or reputation of the SageNet Parties.
Violate the security of a network, service or other system, including without limitation, hacking, cracking, scanning ports, conducting denial of service attacks; distributing viruses or other harmful software, destroying websites, destroying other information.
Use the Services, directly or indirectly, with systems that are not configured and maintained in a manner which prevents their use by others in violation of these Terms including, without limitation, improperly securing a server so that it may be used by others to conduct a denial of service attack, improperly securing a mail server so that it may be used by others to distribute spam, and improperly securing an FTP server so that it may be used by others to illegally distribute licensed software.

When you use the Services, you represent, warrant and agree that you:

Will maintain the confidentiality of user names and passwords associated with any account you use to access the Services.
Will be solely responsible for (and that the SageNet Parties have no responsibility to you or to any third party for) any Internet content that you create, transmit, view, or display while using the Services and for the consequences of your actions (including any loss or damage which SageNet may suffer) by doing so.
Are not a resident of any country or affiliated with any of organization prohibited to do business within the United States as defined and set forth at: http://www.treas.gov/ofac.
Have provided and will only provide information to SageNet that is true, accurate, and complete in all respects.

When you use the Services, you understand and agree that:

You may be exposed to Internet content that you may find offensive, indecent, or objectionable and that, in this respect, you use the Services at your own risk and the SageNet Parties have no responsibility for any such content accessed by you.
Failure to observe these Terms can result in anything from a warning to a suspension of privileges, termination of your use of the Services, or other remedies.
While it is not the intent of SageNet to monitor, control, or censor the use of the Services, when SageNet becomes aware of a potential violation of these Terms, we will determine, in our own discretion whether there has been a violation and all decisions of SageNets staff as to whether there has been a violation of these Terms and the remedy we choose are final.
SageNet may refer potential violations of laws to the proper authorities, may cooperate in the investigation of any suspected criminal or civil wrong, will cooperate with authorities when required to do so by law, subpoena, or when the public safety is at stake.
SageNet assumes no obligation to inform you that your information has been provided to authorities and, in some cases, may be prohibited by law from giving such notice.
SageNet may, in its sole discretion, disconnect you from the Internet, deny access to the Services, and/or terminate its relationship with you at any time.
You will indemnify, defend and hold harmless the SageNet Parties (and their directors, officers, employees, customers and agents) with respect to any claims, losses or expenses by any party that arise from your use of the Services.
SageNet owns all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
Nothing in the Terms gives you a right to use any of SageNet’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
The Owner/Manager and each of its affiliates and subsidiaries, and their officers, directors, subcontractors, employees, and agents shall be a third party beneficiary to the Terms and shall each be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them; other than this, no other person or company shall be third party beneficiaries to the Terms.

When you use the Services, you understand and agree that you are solely responsible for the activity and conduct of anyone that you permit to use the Services or who uses the Services via your computer, device, or account, even if the use is without your knowledge or consent. In that regard, you acknowledge and agree that you are executing these Terms on behalf of all persons who use the Equipment and/or Services through your computer, device, or account. You shall have sole responsibility for ensuring that all such other users understand and comply with these Terms.

In certain situations, SageNet may need to access the particular area at the Location from which you are accessing the Services (the “Premises”). For example, you may be accessing the Services from a hotel room. In such circumstances, you authorize SageNet, and its employees, agents, contractors, and representatives to enter into the Premises (your hotel room in this example) in order to install, maintain, inspect, repair and remove the Equipment and/or the Services. You agree that you will not tamper with, damage, remove, or move the Equipment or connect any device to the Equipment.

You acknowledge that the installation, use, inspection, maintenance, repair, and removal of the Equipment may result in service outages or potential damage to your computer. You further understand that scheduled outages for system upgrades or maintenance, loss of electrical service, electrical brownouts, loss of high-speed internet back haul connectivity, performance issues affecting the internet backbone, tampering with the Equipment or SageNet’s software, or mistakes by you or other users may result in potential damage to your computer. Accordingly, you agree to back-up all existing computer files by copying them to another storage medium prior to connecting to the Services. The SageNet Parties shall have no liability whatsoever for any damage to or loss or destruction of any your software, files, data, equipment or peripherals.

THE SERVICES ARE PROVIDED BY SAGENET ON AN “AS IS” AND “AS AVAILABLE” BASIS. NO WARRANTIES, REPRESENTATION OR ENDORSEMENTS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE MADE WITH RESPECT TO THE SERVICES BY THE SAGENET PARTIES. WITHOUT LIMITING THE FOREGOING, THE SAGENET PARTIES DO NOT REPRESENT OR WARRANT TO YOU THAT:

YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS;
YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM ERROR;
ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND/OR
DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SERVICES WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SAGENET PARTIES, OR THROUGH OR FROM THE SERVICES, SHALL CREATE ANY ADDITIONAL EXPRESS OR IMPLIED WARRANTY THAT NOT EXPRESSLY STATED IN THE TERMS.

NOTHING IN THESE TERMS, INCLUDING THE FOREGOING EXCLUSIONS FROM WARRANTY, SHALL EXCLUDE OR LIMIT SAGENET’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND SAGENET’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

EVEN IF THE SAGENET PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WITH SPECIFICITY, YOU HEREBY RELEASE THE SAGENET PARTIES FROM AND THE SAGENET PARTIES SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES SUFFERED BY YOU IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FROM LOSS OF DATA OR DAMAGE TO DATA RESULTING FROM DELAYS, NON-DELIVERY, MIS-DELIVERY, OR SERVICE INTERRUPTIONS OR DAMAGES DUE TO INADVERTENT RELEASE OR DISCLOSURE OF INFORMATION SENT BY YOU EVEN IF THE SAME IS CAUSED BY THE NEGLIGENCE OF THE SAGENETPARTIES’ OWN NEGLIGENCE, OR ANY LOSS OF PROFITS, LOSS OF EARNINGS, LOSS OF BUSINESS OPPORTUNITIES, AND PERSONAL INJURIES (INCLUDING, BUT NOT LIMITED TO, DEATH). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE SAGENET PARTIES DISCLAIM TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW ANY RESPONSIBILITY FOR (AND UNDER NO CIRCUMSTANCES SHALL BE LIABLE FOR) ANY CONDUCT, CONTENT, GOODS, DATA, AND SERVICES AVAILABLE ON OR THROUGH THE INTERNET OR THE SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE SAGENETPARTIES EXCEED FIVE HUNDRED DOLLARS ($500.00). YOUR USE OF ANY INFORMATION OR DATA OBTAINED BY YOU VIA THE SERVICES AND THE INTERNET IS AT YOUR OWN RISK, AND THE SAGENETPARTIES DISCLAIMS ANY RESPONSIBILITY FOR THE COMPLETENESS OR ACCURACY OF ANY SUCH INFORMATION OR DATA.

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE SAGENETPARTIES FROM ANY CLAIMS, LOSSES, OR EXPENSES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO ATTORNEYS’ FEES) ARISING FROM YOUR USE OR ATTEMPTED USE OF THE SERVICES OR THE EQUIPMENT INCLUDING, BUT NOT LIMITED TO, USE OF THE EQUIPMENT OR THE SERVICES IN ANY MANNER PROHIBITED UNDER THESE TERMS.

SageNet reserves the right to modify these Terms at any time, with or without notice, effective upon posting of the modified Terms. Therefore, you are urged to review these Terms from time to time as posted and whenever you access the Services.

The resale of the Services is not permitted, unless expressly permitted in a written agreement signed by SageNet. Without limiting the generality of the foregoing, you may not charge others to use your connection to the Services.

If you have an account with SageNet pursuant to which you make payments for the Services, you agree to pay all fees and other charges for the Services as revised from time to time by SageNet, including applicable franchise fees, taxes, late fees and collection fees. Fees will be charged to your credit card, applied to the invoice for your hotel room, or paid on some other basis, as applicable. If payment is not received by the due date, late fees and/or collection charges may be assessed and SageNet may prohibit you from using the Services. If SageNet is charging you fees for the Services, we have right to change its fees at any time.

The fee (if any) charged by SageNet for your use of the Services is paid solely for the privilege of accessing the Services. Other web sites or services you visit or use while using the Services may result in additional fees being charged to you (regardless of whether SageNet has charged you a fee). YOU AGREE AND UNDERSTAND THAT ALL SUCH CHARGES, INCLUDING ALL APPLICABLE TAXES, ARE YOUR SOLE RESPONSIBILITY, THAT THE SAGENET PARTIES HAVE NO LIABILITY WHATSOEVER FOR SUCH CHARGES, AND THAT YOU WILL INDEMNIFY AND HOLD HARMLESS THE SAGENET PARTIES, FROM ALL SUCH CHARGES.

You agree that any dispute between you and SageNet that arises as a result of your use of the Services shall at SageNet's sole option be brought exclusively in the State or Federal court in Tulsa County, Oklahoma and shall be governed by the laws of the State of Oklahoma without regard to its conflict of laws provisions. Notwithstanding this, you agree that SageNet shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

Security Notice and Liability Disclaimer

SageNet provides public access to the Internet. There are potentially serious security issues with any computer connected to the Internet without the appropriate protection regardless of whether the connection is made through a wireless network, a cable modem, dial-up access, or otherwise. These security issues range from malware (including but not limited to ransomware, viruses and worms) that can damage the user's computer to attacks on the computer by unauthorized or unwanted third parties (hackers). Some of the risks of compromised security include unprotected files on the computer becoming exposed to third parties who may have criminal intent and malicious damage to a user's computer or even a whole company's network, up to and including the encryption, destruction or deletion of files or the re-formatting of drives. It is recommended that any user connecting to the Internet via a wireless connection use Virtual Private Network system to protect their personal information, although even that may not protect from eavesdropping and other types of attacks. Note that security on the internet is a rapidly changing landscape with new attacks springing up often. All users should also consult a security expert to determine whether there are any potential security holes in their computer's configuration; the suggestions given herein are provided as a courtesy and do not replace specific personalized advice provided by your network administrators, company computer security personnel, or other security experts with whom you may be working.

If you have an account with SageNet, your account information is kept confidential and secure via a unique username and password that is selected by you. You are responsible for keeping your username and password safe and confidential because they are the key to accessing the information held by SageNet about you. If your computer or other device is accessible to or by others, you should log out of the SageNet services whenever you leave your computer or other device.

While there is no such thing as “perfect security” and SageNet cannot guarantee that loss, misuse, or alteration of data will not occur, we take industry-standard measures to protect such loss, misuse, or alteration of data. SageNet uses physical, electronic, and procedural safeguards to reduce the likelihood of accidental disclosures and unintended access of customer information. All employees, contractors and other companies engaged by SageNet are contractually required, through signed, internal non-disclosure agreements, to keep customer information confidential and not to use it in any way other than what is necessary to perform their work for SageNet. Violations of these policies can result in termination in the case of employees, the severing of contractual obligations in the case of contractors and other companies, and in civil and criminal penalties if warranted and applicable by law. Security is also provided through your web browser, which supports up to 256-bit version of encryption with the SSL/TLS (Secure Sockets Layer/Transport Layer Security) security protocol. When you visit the SageNet Web site, your personal account information is encrypted when transmitted across the Internet, using the highest degree of security applicable with the SSL/TLS security protocol.

These Terms constitute the entire agreement between you and SageNet regarding your use of the Services. SageNet's failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right.

These Terms are effective as of August 24, 2021. SageNet reserves the right to change these Terms and the privacy policy at any time. Thank you for choosing SageNet. If you have any questions regarding these Terms or the privacy policy set forth below, please e-mail us at nocsupport@sagenet.com.