MAINE CONNECTIVITY AUTHORITY WIRELESS INTERNET ACCESS PROGRAM CUSTOMER ENROLLMENT FORM
AND PARTICIPANT WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
 

In support of the State of Maine policy objective of promoting universal access to high speed internet for Maine citizens, the Maine Connectivity Authority has established the Working Internet ASAP (WIA) Program.  The WIA Program is designed to enable  Maine citizens who reside in a remote, rural Maine location which is difficult to reach and currently without high speed internet service, to access high speed internet service through a Low Earth Orbit (LEO) satellite internet option.   As of October 2024, MCA determined that less than 1.5% of Maine broadband serviceable locations, or approximately 9,000 homes and businesses in Maine, are likely to meet this standard, having no broadband service or broadband technology infrastructure of any kind (including cable, DSL, or fixed wireless) and no current project planned to connect those locations.  The WIA program offers these Maine citizens an option to access high speed internet service promptly, without waiting for future projects to build land-based infrastructure providing broadband service.  The WIA program helps citizens interested in subscribing to LEO satellite internet service promptly.  

Maine Connectivity Authority is responsible for the following in WIA Program implementation:

• securing reservations on the provider satellite network to assure adequate capacity for Maine citizens;

• providing an enrollment portal for applicants to apply to the WIA program;

• reviewing and determining whether the proposed service location is an unserved Broadband Serviceable Location qualified for program participation, and arranging for a Space Exploration Technologies Corp (“SpaceX”) enrollment invitation to qualified applicants for subscription to residential satellite internet service;

• reviewing any applicant request for professional installation services for satellite receiving equipment and arranging for an invitation from a qualified professional installation company to be sent to applicant;

• providing a one-time subsidy for the cost of LEO satellite receiving equipment required for such residential service up to a value of [$3000], to lower the financial barriers to access service; and

• providing a limited subsidy up to a maximum of [$2200] to those citizens who seek professional services for installation of the required satellite receiving equipment to defray the cost of installation (Self-installation remains an option for every customer).       

 

Maine Connectivity Authority makes no representation, warranty, or guaranty of any kind concerning the quality, cost, safety, or any other aspect of the services provided to customer by SpaceX, or the services provided by the satellite equipment installation services provider.  Customer is solely responsible for the decision whether to enter into these contracts, as well as the choice of any installation services provider.  Customer must address any problems with service or equipment directly with the service provider.  In the event that Customer is not able to resolve a service or defective equipment complaint directly with the service provider, the Maine Connectivity Authority will attempt to mediate the dispute if requested by the parties.  However, the Customer and service provider remain responsible for resolution of the dispute. 

The WIA program is customer-driven:  each qualifying Maine household must decide whether it should subscribe to the commercial LEO satellite service, taking into account customer’s individual circumstances, including, but not limited to:  

• Customer’s ability to pay the monthly subscription fees for the service;

• Customer’s ability to comply with the terms and conditions of the LEO satellite service provider services subscription;

• Customer’s ability to self-install the satellite receiving equipment according to Starlink instructions, or whether Customer should obtain professional installation services;

• If Customer determines to contract for professional installation services, Customer is responsible for selection of the installer;

• Customer must determine whether the installation can be completed for an amount covered by the Maine Connectivity Authority subsidy, and if not, whether Customer is able to pay for any extra installation charges greater than the Maine Connectivity Authority subsidy amount;

• Any known geographic or physical limitations at the service address that would disrupt reception;

• Enrolling Customer affirms that he/she has read and understands the program requirements above and accepts the program conditions.    [checked box required to proceed;

• Customer understands that acceptance of the terms and conditions of the waiver and release of liability, assumption of risk, and indemnity agreement below is required to participate in the program.   [checked box required to proceed]

 

PARTICIPANT WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
 

For and in consideration of Maine Connectivity Authority (MCA) allowing me, the undersigned, to participate in the Maine Connectivity Authority Wireless Internet Access Program (“WIA Program”), including my enrollment in the WIA Program, my subscription for residential service with SpaceX and my compliance with the terms and conditions of such service subscription, my submittal of information for delivery of satellite receiving equipment to the broadband serviceable location, my discretionary decision to contract for installation services from a satellite receiving equipment  installation provider, and the selection of that provider, and my compliance with the terms and conditions of such installation services contract, as well as my ongoing use of the SpaceX services and equipment.

I, for myself, and on behalf of my spouse, children, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors, and assigns, as well as any other potential users of the SpaceX services or equipment at the service location, hereby agree to and make the following contractual representations pursuant to this Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement (the "Agreement");

1. I hereby certify and represent that (i) I am the owner of the broadband serviceable location or I have authority to enter into this Agreement and to subscribe to SpaceX services on behalf of the owner;  I agree that it is my sole responsibility to determine whether I have the authority to enter into this Agreement or the SpaceX subscription agreement. 

2. I acknowledge the inherent risks associated satellite internet services, including potential disrupted service due to land-based obstructions, geography, weather events, or other factors.  I  understand that my participation involves risks and dangers, which include, without limitation, the potential for loss of or damage to satellite receiving equipment and surrounding personal property and equipment due to extreme weather conditions or other factors causing damage to the equipment, and other undefined, not readily foreseeable and presently unknown risks and dangers ("Risks"). I understand that these Risks may be caused in whole or in part by my own actions or inactions, the actions or inactions of others participating in the Program, or the negligent acts or omissions of the Released Parties defined below, and I hereby expressly assume all such Risks and responsibility for any damages, liabilities, losses or expenses that I incur as a result of my participation in the Program. 

3. I agree to be familiar with and to abide by the terms and conditions of the WIA program.  I accept sole responsibility for my own conduct and actions while participating in the WIA Program. 

4. I hereby Release, Waive and Covenant Not to Sue, and further agree to Indemnify, Defend and Hold Harmless the following parties: Maine Connectivity Authority, its directors, officers, and employees, or the State of Maine (individually and collectively, the "Released Parties"), with respect to any liability, claim(s), demand(s), cause(s) of action, damage(s), loss or expense (including court costs and reasonable attorneys' fees) of any kind or nature ("Liability") which may arise out of, result from, or relate in any way to my participation in the WIA Program, including claims for Liability caused in whole or in part by the negligent acts or omissions of the Released Parties.

5. I further agree that if, despite this Agreement, I, or anyone on my behalf, makes a claim for Liability against any of the Released Parties, I will indemnify, defend and hold harmless each of the Released Parties from any such Liabilities which any may be incurred as the result of such claim.

I hereby warrant that I am of legal age and competent to enter into this Agreement, that I have read this Agreement carefully, understand its terms and conditions, acknowledge that I will be giving up substantial legal rights by signing it (including the rights of my spouse, children, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors, and assigns) and any other users of the internet services, acknowledge that I have signed this Agreement without any inducement, assurance, or guarantee, and intend for my signature to serve as confirmation of my complete and unconditional acceptance of the terms, conditions and provisions of this Agreement. This Agreement represents the complete understanding between the parties regarding these issues and no oral representations, statements, or inducements have been made apart from this Agreement. If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provision.