Our policies were designed with fairness and simplicity in mind.
We're happy to answer any questions you have about terms and conditions.
Master Services Agreement
Our Master Services Agreement is available for anyone who wants to see it. The MSA contains the terms and conditions for Pilot's services.
DIA Service Level Agreement
Terms in this SLA are for informational purposes only. Please see our Master Services Agreement for the SLA that applies to each service.
Bandwidth Availability Guarantee
Pilot guarantees that subscribed bandwidth will be 100% available between any two points on Pilot’s network at all times.
Pilot does not guarantee that subscribed bandwidth will be 100% available between any two points on the internet. Outside networks may experience technical issues or limitations that can impact your service’s performance. While Pilot ensures that all points of ingress and egress do not reach their provisioned capacity, Pilot cannot ensure or verify the integrity of neighboring networks.
If, for any reason, purchased bandwidth is not available as a result of congestion on Pilot’s network, Pilot will commence its congestion mitigation procedure within 15 minutes of acknowledgement of a reported issue. Applicable account credits will automatically be issued in accordance with the credit schedule.
Intrusive Testing Procedure
If a service’s performance is believed to be degraded or incapable of using its subscribed bandwidth, Pilot may determine that it is necessary to perform additional tests to verify the availability of subscribed bandwidth and re-certify the service’s integrity.
Intrusive testing may involve disconnecting network equipment and/or disrupting live traffic across your network. Pilot will schedule an intrusive testing window around the needs of the Customer, at which time, a Customer representative must be on-site and a Pilot engineer will be available remotely to coordinate testing.
For purchased bandwidth of 1 Gbps and greater, the usage of specialized testing devices may be required to achieve desired throughput. Pilot does not make any representations or warranties as to the performance of your computers, peripherals, or other network hardware and/or their abilities to sustain data transfers at any purchased bandwidth level.
You agree to participate in intrusive testing if Pilot engineers determine that these tests are necessary in demonstrating bandwidth availability. Pilot reserves the right to deny the issuance of account credits otherwise allocated under its service guarantees when a request for intrusive testing at a mutually agreeable time is refused.
If an on-site service call is required and intrusive testing by a Pilot engineer reveals full bandwidth availability and no service degradation, a dispatch fee may apply.
Congestion Mitigation Procedure
Pilot will begin to attempt to mitigate any congestion or oversaturation on its network within 15 minutes of an acknowledgement to an initial report. Pilot will continue to provide updates to you in 15 minute increments until the congestion has been mitigated or until Pilot determines that it is not possible to resolve the issue from its Network Operations Center.
If it is not possible to resolve a congestion condition from Pilot’s Network Operations Center, Pilot may deem it necessary to increase capacity at certain points on its network or its fiber system. In the event that this becomes necessary, Pilot guarantees that it will increase physical capacity within 72 hours subject to Physical Access and Safety limitations imposed by third-parties.
Should Pilot need to engage in congestion mitigation, applicable account credits will automatically be issued in accordance with the credit schedule.
Congestion mitigation and any possible account credits associated with such mitigation do not apply to denial of service (DoS) or distributed denial of service (DDoS) attacks toward Pilot’s network or Pilot’s customers.
Service Availability
Pilot guarantees that your service’s connection to the Internet will be available at all times. Disruptions to your service that result in the inability to access the Internet in it’s entirety will result in the automatic application of account credits in accordance with the credit schedule.
There are many factors outside of Pilot’s control that may result in service disruption including, but not limited to, scenarios documented elsewhere in this agreement. The determination of service availability is made at Pilot’s sole discretion.
Packet Loss
Pilot guarantees that packet loss between any two points on Pilot’s network will not exceed 0.1% at any time. In the event that packet loss is reported and observed in excess of this target, credit will automatically be applied in accordance with the credit schedule.
Latency
Pilot guarantees that round-trip latency between any two points on Pilot’s network will not exceed 5ms at any time, provided that both points are located in the same metropolitan area. In the event that round-trip latency is reported and observed in excess of this target, credit will automatically be applied in accordance with the credit schedule.
Proactive Monitoring
Pilot provides 24/7 monitoring of Pilot-owned devices. Pilot does not proactively monitor all customer equipment using ICMP and/or SNMP protocols.
In the event that a Pilot-owned device becomes unreachable from our Network Operations Center, Pilot will attempt to contact you via phone and/or email within 15 minutes.
Failure to proactively monitor a service will result in the automatic issuance of an account credit in accordance with the credit schedule.
Technical Support
In the event of an issue with your Pilot service, Pilot guarantees a 15 minute response interval for issue acknowledgement. Issue acknowledgement may occur via email, telephone, our internal help desk.
Maintenance
From time to time, it may be necessary to perform scheduled maintenance on Pilot’s network that causes a disruption to your service. Pilot may conduct such maintenance on any day between the hours of 12AM and 8AM local time, provided that Pilot has given you at least 24 hours written notice of such maintenance.
In the event that Pilot must perform unscheduled maintenance on its network without providing a minimum of 24 hours written notice, credits will automatically be assessed in accordance with the service schedule.
Maintenance that is required as a result of damage to Pilot’s fiber-optic cable system by third parties does not qualify as scheduled maintenance or unscheduled maintenance.
Denial of Service / Distributed Denial of Service
In the event of a Denial of Service (DoS), or Distributed Denial of Service (DDoS) attack toward the Pilot Network or a Pilot customer, Pilot will begin mitigation efforts within 15 minutes.
Pilot is not responsible for service interruptions as a result of any attack on our network by a third party.
Mitigation of DoS / DDoS attacks may involve temporarily filtering traffic towards a customer-facing IP address in a practice commonly referred to as “null routing”. Pilot does not accept responsibility for interruptions or downtime caused as a result of null routing an attacked IP address.
Customer Premise Equipment
For Pilot-owned devices provided in connection with your services, we guarantee that we will facilitate the installation of a replacement device within one business day of an assessed failure by the Pilot Network Operations team.
It is your obligation to provide Pilot with any and all necessary access to perform repairs or replacements associated with our services. Pilot is not responsible for any delay to restore or repair it’s services caused by your failure or delay in providing necessary access to Pilot technicians.
Pilot does not accept responsibility for physical damage to Pilot-owned devices once installed in your space, whether intentional or accidental, including damages caused by power related issues such as surges and/or brownouts. It is your obligation to provide surge protection and/or battery backup protection if desired.
Pilot does not accept responsibility for the failure, mis-configuration, or deficiency of equipment not provided by Pilot for use in connection with your services.
Damage to the Fiber System
In the event of physical damage to Pilot’s underground or aerial fiber-optic cable system, Pilot will identify the location of the damaged components and dispatch technicians to that location within two hours of the initial issue report.
Pilot strives for a four hour repair interval in the event of damage to its underground or aerial fiber-optic cable system, however, Pilot does not accept responsibility for delays in the repair interval due to the frequent involvement of emergency responders, safety restrictions and/or access restrictions.
In the event of physical damage to indoor components of the fiber-optic cable system, Pilot will dispatch technicians within one business day, subject to building-imposed or safety-related access limitations that may prevent us from making necessary repairs in a timely manner. Depending on the scope of repair, a re-installation fee may be applied at Pilot’s sole discretion.
Use of Alternate Service
In the event that you elect to procure or use alternate services at any time, Pilot accepts no responsibility for any charges or fees incurred in connection with their usage.
Force Majeure
Pilot is not responsible for any failure to meet its service level objectives or guarantees that is caused by a Force Majeure event. Force Majeure events include, but are not limited to: damage to the fiber-optic cable system by a third party, fire, explosions, power failures, strikes or labor disputes, water (including flooding), physical access limitations, acts of god, the elements (including severe storms), war, civil unrest, or acts of terror.
Credit Issuance and Refund Policy
Pilot will issue any applicable account credits within 15 days of the SLA event. Credits are issued at the sole discretion of Pilot. Account credit may not be redeemed for cash, and account credit will automatically be applied to future invoices. No credit issuance may exceed 100% of the monthly charges for any affected services.
No refunds will be provided by Pilot for any reason.
Escalation Matrix
Pilot’s Escalation Matrix is available to Customers upon request.
Credit Schedule
Issue Type
Guarantee
Credit Amount
Credit
Interval
Congestion (Resolved by NOC)
100% Bandwidth Availability
5% per hour
1 Hour
Congestion (Resolved outside NOC)
100% Bandwidth Availability
20% per incident
5% per hour after interval
72 Hours
Service Availability (100% Packet Loss)
100% Service Availability
5% per hour
1 Hour
Packet Loss
0.1% loss across Pilot's network
5% per hour
1 Hour
Latency
5ms round-trip across Pilot's network
5% per hour
1 Hour
Proactive Monitoring
Notification within 15 minutes
10% Per Incident
Per Incident
Technical Support Response
Acknowledgement within 15 minutes
10% Per Incident
Per Incident
Unscheduled Maintenance
Minimum notice period of 24 Hours
5% Per Incident
Per Incident
Privacy Policy
Updated April 2024
Pilot respects your privacy and is committed to protecting it. Unlike many other ISPs, Pilot does not harvest or sell our customers’ data when they use our services to connect to the Internet (“Services”). When customers use our Services, we collect only customers’ anonymized, aggregated data to manage network traffic, and do not store that data longer than we need to. This network data is not used to identify a customers’ online activities, monitor the websites they visit, or track the emails they send.
This policy describes the types of information Pilot may collect from you or that you may provide to us, and our practices for collecting, using, maintaining, protecting and disclosing that information.
This policy applies to information Pilot collects:
• When using Pilot Services
• In email, text, and other electronic communications between you and Pilot
• Through Pilot's website (the "Website")
It does not apply to information:
• We collect offline, outside of the Website and Services, or via other means
Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, you may choose not to use our Website or Services. By accessing or using this Website or willingly providing Personal Information to Pilot, you agree to this Privacy Policy. This policy may change from time to time. Your continued use of this Website or our Services after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.
1. Privacy of Minors
Pilot does not intentionally gather Personal Information from visitors who are under the age of 13. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information to the extent reasonably practicable.
2. Types of Data We Collect
“Personal Information” means data that allows someone to identify or contact you, including, for example, your name, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of this data. “Anonymous Data” means data that is not associated with or linked to your Personally Identifiable Information; Anonymous Data does not, by itself, permit the identification of individual persons. We collect Personally Identifiable Information and Anonymous Data, as described below.
Creation of Anonymous Data.
We may create Anonymous Data records from Personally Identifiable Information by excluding information (such as your name) that make the data personally identifiable to you. We use this Anonymous Data to analyze request and usage patterns so that we may enhance the content of our Services and improve Website navigation. Pilot reserves the right to use Anonymous Data for any purpose and disclose Anonymous Data to third parties in its sole discretion.
We collect several types of information from and about users of our Website and services in connection with customer accounts, including information:that is about you but individually does not identify you, such as IP address, your router’s MAC address, company name, or account information; and/or about your internet connection, the equipment you use to access our Website and usage details.
Pilot may collect information:
• Directly from you when you provide it to or contact Pilot, via online surveys, forms, or other means;
• Automatically as you navigate through the website. Information collected automatically may include usage details, IP addresses, and information collected through cookies;
• From third parties (for example Google Analytics) to track and analyze data from our website; or from our business partners in relation to customer or prospective customer accounts.
3. Use of your Personal Information
Pilot uses information that we collect about you or that you provide to us, including any personal information:
• To present our Website and its contents to you.
• To provide you with information, products, or services that you request from us.
• To facilitate the creation of and secure your Account on our network.
• Identify you as a user in our system.
• Provide improved administration of our Website and Services.
• Provide the Services you request.
• Improve the quality of experience when you interact with our Website and Services.
• Send you a e-mails to verify ownership of the e-mail address and provide security or support and maintenance advisories.
• Respond to your inquiries related to employment opportunities or other requests.
• To make telephone calls to you, from time to time, as a part of secondary fraud protection or to solicit your feedback.
• To send newsletters, surveys, offers, and other promotional materials related to our Services and for other marketing purposes of Pilot.
• In any other way we may describe when you provide the information.
• For any other purpose with your consent.
4. Disclosure of Personal Information
We may disclose aggregate and Anonymous Information without restriction.
We may disclose Personal Information we collect or you provide as described in this privacy policy:
• To our subsidiaries, joint ventures, or affiliates.
• To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Pilot’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Pilot about our Website users or customers is among the assets transferred.
• To fulfill the purpose for which you provide it.
• For any other purpose disclosed by us when you provide the information.With your consent.
Pilot may disclose Personal Information if it believes that such disclosure is necessary:
• To comply with any court order, law, legal investigation, or legal process, including to respond to any government or regulatory request, within the narrow scope of that request.
• To enforce or apply our Terms of Service, Service Level Agreement, Acceptable Use Policy and other agreements and policies located at www.pilotfiber.com/legal, including for billing and collection purposes.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Pilot, our employees, our customers, or others.
5. Third Party Websites
When you click on a link to any other website or location, you will leave our website and go to another site and another entity may collect Personal Information or Anonymous Data from you. We have no control over, do not review, and cannot be responsible for, outside websites or their content or data collection. Please be aware that the terms of this Privacy Policy do not apply to outside websites or content, or to any collection of data after you click on links to such outside website.
6. Your Choices Regarding your Personal Information
We will periodically send you e-mails or SMS messages that directly promote the use of our Site or Services or relate to your use of the Services. When you receive these communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly (please see contact information below).
Despite your indicated e-mail preferences, we may send you Service related communication.
Changes to Personal Information.
You may change any of your Personal Information in your Account by editing your Account settings or by sending an e-mail to us at the e-mail address set forth below. You may request deletion of your Personal Information by us, but please note that we may be required to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives. We may retain such information for fraud prevention or similar purposes. We do not alter our practices in response to “Do Not Track” requests.
7. Security of Your Personally Identifiable Information.
We are committed to protecting the security of your Personal Information. We use a variety of security technologies and procedures to help protect your Personal Information from unauthorized access, use, or disclosure. We also require you to enter a password to access your Account information. Please do not disclose your Account password to unauthorized people. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however.
8. Contact Information
We welcome your comments or questions regarding this Privacy Policy. Please email us or contact us at the following address:
Pilot Fiber, Inc. 1115 Broadway, Floor 12, New York, NY 10010
Email: privacy@pilotfiber.com
9. Changes to This Privacy Policy
This Privacy Policy is subject to occasional revision, and if we make any material changes in the way we use your Personal Information, we will notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Website. Any changes to this Privacy Policy will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Service. Please note that at all times you are responsible for updating your Personal Information to provide us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. In any event, changes to this Privacy Policy may affect our use of Personal Information that you provided us prior to our notification to you of the changes. If you do not wish to permit changes in our use of your Personal Information, you must notify us prior to the effective date of the changes that you wish to deactivate your Account with us. Continued use of our Site or Service, following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
Acceptable Use Policy
Our Acceptable Use Policy (“AUP”) outlines what you can and cannot do when using Pilot's services (the “Service(s)”), and what the responsibilities are of individuals who access the Services.
Prohibited Uses of Pilot's Services
Public Servers and Proxies: Unless permitted in writing, you cannot operate a server or program which makes a Service available to the general public. You also cannot use Pilot's services to host servers or programs on behalf of others in exchange for compensation, (ie. running a web hosting company) without Pilot’s prior written consent. Any servers or programs that are to be used solely within your organization are permitted.
Spamming: You cannot send unsolicited bulk and/or commercial messages using our services. In other words, don't spam. If you are sending bulk e-mail of any kind, you must maintain complete and accurate records of both Opt-In and Opt-Out requests. Sending "Opt-Out" only email is strictly prohibited and is considered unsolicited.
Copyright Infringement: You cannot engage in any activity that infringes or misappropriates the intellectual property of others. This includes but is not limited to copyrights, trademarks, service marks, trade secrets, software piracy, and patented content.
Obscene Content: You cannot transmit or distribute any material which violates any applicable law or regulation. Using Pilot's network to advertise, transmit, post, display, or otherwise make available child pornography or obscene material is prohibited. While we will never prohibit any material allowed by law or protected by your First Amendment rights, we are required by law to notify law enforcement agencies when we become aware of the presence of child pornography being transmitted through our network.
Defamatory or Abusive Language: Defamatory or Abusive Language:You cannot use our services as a means to transmit or post defamatory, harassing, abusive, or threatening language.
Forging Headers or Content: You cannot forge or misrepresent packet or message headers, whether in whole or in part, to mask the originator of the content. In addition, you cannot forge or misrepresent any data with false or misleading content.
Illegal or Unauthorized Access: Hacking is not allowed. You may not access computers, accounts, or networks belonging to any other party illegally or without authorization. We do not permit the utilization of network scanning utilities unless authorized in advance. You are prohibited from attempting to disrupt, degrade, impair, or otherwise violate the integrity of our services or the computers, accounts, or networks of any other party. You may not engage in any activity that could potentially result in the 'blacklisting' of any Pilot IP addresses.
Technology Exploitation: You cannot attempt to exploit any scripts presented on web pages, or perform any activities that disrupt the use of or otherwise interfere with the ability of others to use our services.
Export Control Violations: You are not permitted to export encryption software over the internet, or otherwise in violation of ITAR to points outside of the USA.
Malicious Activities: You cannot send internet viruses, worms, or trojan horses. In addition, the coordination of denial of service attacks, SYN floods, or mail bombs is expressly prohibited. In a broader context, we prohibit any activities that will interfere with or disrupt how other users can use our services. We also prohibit any activities that can be harmful to or interfere with third party networks, equipment, websites, or applications.
No phishing or pharming: Simulating or emulating communications from and/or to a website of a third party for the purpose of collecting identifiable information, authentication credentials, or any other information from a legitimate user is strictly prohibited. Furthermore, using malware or DNS cache poisoning to wrongfully redirect a user to a simulated service is also prohibited.
Any illegal activity: You are not permitted to engage in any activities that are determined to be illegal, including but not limited to: advertising, transmitting, pyramid schemes, credit card fraud, and pirating software.
Your responsibilities as a user:
You are solely responsible for any material that you either access or distribute using our service. You are also solely responsible for maintaining the security and confidentiality of your credentials and network. You agree to immediately notify us of any unauthorized use of your services, breach of security, or should you become aware of any violations to this AUP by any person. Violation of this AUP or applicable laws or regulations may subject you to immediate termination.
DMCA Policy:
Pilot will respond in a quick and efficient manner to process and investigate all notices of alleged infringement and will take appropriate actions in accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws. Upon receipt of notices complying with the DMCA, we will make reasonable efforts to notify subscribers of alleged copyright violations, and when under our control, we will remove or disable access to any material claimed to be infringing or claimed to be the subject of infringement and will remove or disable access to any reference or linkage to the material or activity claimed to be infringing. We will terminate the services of Subscribers whom are repeat infringers.Should you believe that copyrighted work has been illegally copied and is accessible via our services in a way that constitutes copyright infringement, you may notify us by providing us with the information required by Section 512(c)(3) of the DMCA (17 USCA 512). Notices of claimed infringement should be sent to: Legal Department, Pilot Fiber, Inc., 115 Broadway Floor 12, New York, NY 10010 or via email to: copyright@pilotfiber.com.
