IP Satellite Systems IPSatNet Subscriber Agreement
This Agreement was Last Revised on January 8, 2010
PLEASE READ THIS SUBSCRIBER AGREEMENT CAREFULLY, AS IT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND IP SATELLITE SYSTEMS (“IPSAT”). BY APPLYING FOR OR ESTABLISHING AN ACCOUNT WITH IPSAT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
Subscriber Agreement Organization
This Subscriber Agreement is organized into five “Parts”:
Part I – The Service, Your Subscription and This Subscriber Agreement;
Part II – Payment;
Part III – Permitted Use and Restrictions on Use;
Part IV – Grant of Important Rights by You to Us, and Important Disclaimers, Acknowledgments and Obligations
Part V – General (Note: Although located at the end of this Subscriber Agreement, these terms are important.).
PART I – THE SERVICE, SUBSCRIBERSHIP AND THIS SUBSCRIBER AGREEMENT
1. THE SERVICE.
IPSat provides a two-way, satellite-based Internet access solution that carries information between the Internet and your personal computer (the “Service”). IP Satellite Systems is an authorized Value Added Reseller of the IPSatNet network services.
1.1. COMPOSITION OF THE TERMS OF SERVICE.
This Subscriber Agreement and the IP Satellite Systems IPSatNet Terms & Conditions collectively make up the IPSat IPSatNet Terms of Service. The IPSat Terms of Service govern your IPSat subscription and your use of the IPSat Service and any other IPSat services (as defined below). Certain features and services offered by IPSat and its suppliers contain additional terms or guidelines that supplement this Subscriber Agreement and, along with this Subscriber Agreement, will govern the use of those services. You will have an opportunity to review the additional terms before you sign up or use those services.
2. MODIFICATIONS; RIGHTS OF CANCELLATION OR SUSPENSION.
2.1. MODIFICATION OF THIS SUBSCRIBER AGREEMENT; NOTICES.
IPSat may revise this Subscriber Agreement (the “Agreement”) at any time by posting the modified version to http://www.ipsatellitesystems.com/Documents/. Although IPSat may choose to provide you with individual notice of material modifications to the Agreement, it has no obligation to do so. In the event you do not agree to such revisions, you must cancel your subscription and stop using the Service prior to the effective date of such modifications or, if no effective date is provided, within thirty (30) days after such modifications are first posted on the IPSat Website at www.IPSatellitesystems.com (the “Website”). Your continued use of the Service after the effective date of such modifications constitutes your full acceptance of such modifications.
2.2. MODIFICATION OF THE SERVICE.
IPSat may discontinue, add to or revise any or all aspects of the Service in IPSat’ sole discretion, with or without notice, including without limitation access to support services, publications and any other products or services ancillary to the Service. For purposes of illustration and not limitation, IPSat may: (a) establish and enforce limitations concerning use of the Service, e.g., the maximum number and/or size of email messages that may be sent from or received by an account on the Service, and the maximum amount of bandwidth that may be used by a single user or a single account; (b) take any action that IPSat deems appropriate to prevent and/or delete bulk email; (c) delete old email messages from any account; (d) quarantine or delete messages or content suspected of containing viruses or other malware; (e) refuse to process email or instant messages that fit criteria defined by us; or (f) modify any user setting. In the event that IPSat makes any changes to the Service or its availability, IPSat may, but is not required to, notify you.
2.3. TERMINATION BY SUBSCRIBER.
In the event that IPSat modifies this Agreement, the Service or related pricing or billing terms, you may immediately terminate your account and this Agreement. Subject to your payment of the termination charges herein described, you may also do so at any other time and for any reason on written notice to IPSat. You must terminate this Agreement in accordance with the terms and conditions specified herein; failure to do so may delay or prevent us from knowing that termination was intended. Failure to terminate in accordance with this Agreement may result in your continued liability for all fees and charges associated with your Service account until such time as the Agreement has been properly terminated or IPSat has acknowledged such termination in writing. In the event you cancel your subscription to the Service prior to the expiration of the minimum commitment period specified for your applicable service plan, you may be subject to a service termination fee of up to $400. The exact amount of termination charges which will apply is a function of when your account is terminated and the type of Service Plan you are on. Information on early service termination charges can be found at http://www.ipsatellitesystems.com/Documents/,IPSatellite-HughesNet-Terms-and-Conditions.
If you wish to terminate your service, contact our Billing Department by email only at Billing@ipsatellitesystems.com. Except as may be otherwise provided in this Agreement, cancellation of your Subscription is your sole right and remedy with respect to any dispute with IPSat. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this Agreement or IPSat’ enforcement or application of this Agreement; (2) any policy or practice of IPSat, including the Fair Access Policy, or IPSat’ enforcement or application of these policies; (3) the content available on the Service or the Internet or any change in content provided by IPSat; (4) your ability or inability to access and/or use the Service; or (5) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.
2.4. TERMINATION OR SUSPENSION BY IPSat.
IPSat reserves the right to terminate or suspend your account and this Agreement at any time, with or without notice, in whole or in part, for any reason or no reason.
2.5. CONTINUATION OF OBLIGATIONS.
Notwithstanding any cancellation or termination of this Agreement or your account, or any suspension or termination of access to or use of the Service, you will remain responsible for any obligations accrued up to the date of such action, including payment of any charges that may be due as a result of or in connection with such action(s).
3. WHO MAY USE THE SERVICE? – RESPONSIBILITY AND SUPERVISION.
3.1. AGE AND ACCOUNT SETUP.
You represent that you are at least 18 years of age and have the right and ability to enter into this Agreement. You agree that you are responsible for installing, establishing and setting up, and for verifying and maintaining, the account, options, settings and other parameters under which the Service is used, including (without limitation) all related passwords and user identification information. These account functions may be performed only by a person at least 18 years of age, without exception.
3.2. MULTIPLE USE OF ACCOUNT.
Multiple members of your business may share a single ID number and account, if authorized by you to use the account. In addition, multiple users at the same site may access the Service at any given time through the same ID number or account, however performance may be degraded.
3.3. INSTALLATION OF SUBSCRIBER EQUIPMENT.
You acknowledge and agree that IPSat or its designated service provider may be required to access your premises and/or computer system in order to install and maintain the components necessary for you to access the Service (the “Subscriber Equipment”). This may include opening your computer to install, repair or replace equipment or install software on your computer at your location. By accepting this Agreement and scheduling a service or installation visit, you hereby authorize IPSat or its service provider to access your computer for the purpose of installing, repairing or replacing Subscriber Equipment for the purpose of facilitating your access to the Service. NEITHER IPSat NOR ITS SERVICE PROVIDER SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY LOSSES RESULTING FROM INSTALLATION, REPAIR OR OTHER SERVICES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR PREMISES OR COMPUTER, OR LOSS OF SOFTWARE, DATA OR OTHER INFORMATION FROM YOUR COMPUTER. IPSat may check the version of the HughesNet software on your computer if applicable, and without any additional notice to you, may download and install on your computer updates to the IPSat HughesNet software. In addition, IPSat may check the health and status of your computer to ensure that your configuration is optimized for use with the Service.
3.4. SUBSCRIBER RESPONSIBILITY.
You shall be responsible for all access to and use of the Service through your account or password(s) and for any fees incurred for good or services purchased thereon, or any other expenses incurred as a result of any use of your account. You promise to pay the amounts billed for any such goods or services, along with any related fees, taxes and charges. Use of your account is limited to users using the service at your permanent location or place of business. You acknowledge that you are aware that areas accessible on or through the Service may contain material that is unsuitable for minors (persons under 18 years of age). You agree to supervise usage of the Service by minors who use the Service through your account. You hereby ratify and confirm any obligations a minor using your account enters into or assumes and any promises or permissions such minor makes or gives. You agree to: (a) provide us with true, accurate, current and complete information about yourself; and (b) promptly update this information to keep it true, accurate, current and complete.
PART II – PAYMENT
4. FEES AND PAYMENT.
4.1. FEES, TAXES AND OTHER CHARGES.
You agree to pay, in advance, and in accordance with the provisions of the billing option you selected, any registration, activation and/or monthly fees, ISP service charges, minimum charges and other amounts charged to or incurred by you, or by users of your account, at the rates in effect for the billing period in which those amounts are charged or incurred. You agree to pay all applicable taxes and Universal Service assessments related to your use of the Service or the use of the Service by users of your account. Information on charges and surcharges (if any) that are to be paid to us and are incurred by you or by users of your account will be made available to you on the Website, and you agree that this is sufficient notice for all purposes as to charges incurred and paid or to be paid to us. IPSat reserves the right to increase fees, surcharges, monthly subscription fees or to institute new fees at any time upon thirty (30) days prior notice. You understand and acknowledge that you may not receive a bill in the mail for your Service. Additional terms relating to pricing, billing and payment are set forth and available on the Website.
All services are payable quarterly in advance by credit card, or annually in advance by check. IP Satellite Systems does not send bills or invoices by mail, annual prepayments are the responsibility of the Customer to be remitted at least 30 days in advance of the expiration of any existing annual prepaid annual term.
If you fail to pay IP Satellite Systems any amounts due your account will be subject to suspension or cancellation until you have paid all amounts due. Delinquent accounts may be suspended or canceled at IP Satellite Systems' sole discretion; however charges will continue to accrue until the account is canceled. IP Satellite Systems may bill an additional charge to reinstate a suspended account.
If purchasing Services through a reseller, the reseller must pay all amounts owing for your account. If the reseller fails to pay IP Satellite Systems any amounts due, whether or not you have paid the reseller, your account will be subject to suspension or cancellation until you or the reseller has paid all amounts due. Delinquent accounts may be suspended or canceled at IP Satellite Systems' sole discretion; however charges will continue to accrue until the account is canceled. IP Satellite Systems may bill an additional charge to reinstate a suspended account.
IP Satellite Systems may charge you for taxes and other applicable fees as required by law. IP Satellite Systems may offer from time to time certain promotions with different terms, activation fees, and monthly charges. You must provide accurate billing information including legal name, address, telephone number, and credit card/billing information, and report all changes to this information immediately. You are responsible for any charges to your account. Questions regarding charges to an account should be directed to IP Satellite Systems' Business Access Customer Service Department at 1-757-312-8300. All charges are considered valid unless disputed in writing within thirty (30) days of the billing date. Adjustments will not be made for charges that are more than 30 days old.
Charges are billed to your credit card or debit card, as applicable, each quarter for the Service and any additional usage or services. IP Satellite Systems is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by IP Satellite Systems. Unless Payment is made annually in advance by check, you agree to maintain valid and current credit card information on file with IP Satellite Systems at all times.
4.3. COMMENCEMENT AND DURATION OF SUBSCRIBERSHIP FEES.
You acknowledge that a monthly subscription fee will apply for each and every month (or portion thereof) that you subscribe to the Service. Once you subscribe, your account and payment obligations will continue until terminated as set forth herein.
PART III – PERMITTED USE AND RESTRICTIONS ON USE
5. SOFTWARE LICENSE.
To facilitate your use of the Service, IPSat may provide you with software and written materials including documentation (the “Software”). Subject to the terms of this Agreement, IPSat grants you a limited personal, non-exclusive, non-sublicenseable and nontransferable license to use and display the Software on any machine(s) on which you are the primary user or which you authorize for use. Unauthorized copying of any portion of the Software, including software that has been modified, updated, or merged or included with the Software, as well as the documentation provided, is expressly forbidden. You may not sublicense, assign or transfer this license or the Software except as expressly permitted by IPSat. Any attempt to sublicense, assign or transfer any of the rights, duties or obligations under this license is void. You agree that you shall not, nor shall you permit others to, copy, duplicate, reverse engineer, decompile, or create derivative works from the Software, in whole or in part, including any written materials provided in conjunction with the Software. IPSat will occasionally provide automatic software and technology upgrades to improve the Service, such as virus and spam screening technologies, although these upgrades may not be consistent across all platforms and devices. You agree to accept and to take no action to interfere with such automatic upgrades, scanning, and related services.
6. SPECIFIC RESTRICTIONS ON USE OF THE SERVICE.
6.1. PROHIBITED CONDUCT.
You agree not to use the Service as follows: (a) for any unlawful, improper or criminal purpose or activity; (b) to post or transmit information or communications that, whether explicitly stated, implied, or suggested through use of symbols, are obscene, indecent, pornographic, sadistic, cruel, or racist in content, or of a sexually explicit or graphic nature; or which espouses, promotes or incites bigotry, hatred or racism; or which might be legally actionable for any reason; (c) to attempt to access or access the accounts of others, to spoof or attempt to spoof the URL or DNS address, or to attempt to penetrate or penetrate our security measures or other entities' systems ("hacking") whether or not the intrusion results in corruption or loss of data; (d) to bombard individuals or newsgroups with uninvited communications, data or information, or other similar activities, including but not limited to "spamming", "flaming" or denial or distributed denial of service attacks; (e) to transmit unsolicited voluminous emails (for example, spamming) or to intercept, interfere with or redirect email intended for third parties using the Service; (f) to introduce viruses, worms, harmful code and/or Trojan horses on the Internet; (g) to post information on newsgroups which is not in the topic area of the newsgroup; (h) to interfere with another person's usage or enjoyment of the Internet or this Service; (i) to post or transmit information or communications that are defamatory, fraudulent, obscene or deceptive, including but not limited to scams such as "make-money-fast" schemes or "pyramid/chain" letters; (j) to damage the name or reputation of IPSat or any of it's parents, affiliate or subsidiaries, or any third parties; (k) to transmit confidential or proprietary information, except solely at your own risk; (l) to violate our or any third party's copyright, trademark, proprietary or other intellectual property rights, including trade secret rights; (m) to generate excessive amounts (as determined in our sole discretion) of Internet traffic, or to disrupt net user groups or email use by others; (n) to engage in activities designed to or having the effect of degrading or denying Service to IPSat users or others (including activities that compromise a server, router, circuit or software; (o) to use any name or mark of IPSat or its respective parents, affiliates or subsidiaries, as a hypertext link to any Web site or in any advertising publicity or other commercial manner; (p) to use your IPSat account for the purpose of operating a server of any type; (q) to use the Service or the Internet in a manner intended to threaten, harass, or intimidate others; (r) to cause the screen to "scroll" faster than other subscribers or users are able to type to it, or any action that has a similar disruptive effect, on or through the Service; (s) to use the Service to disrupt the normal flow of online dialogue, (t) to use the Service to violate any operating rule, policy or guideline of any other online services provider or interactive service; (u) to attempt to subvert or to aid third parties to subvert, the security of any computer facility or system connected to the Internet; (v) to impersonate any person or using a false name while using the Service; (w) to install "auto-responders," "cancel-bots" or similar automated or manual routines which generate excessive amounts of net traffic, or disrupt net user groups or email use by others; (x) to make false or unverified complaints against any IPSat subscriber, or otherwise abusing any of our complaint response procedures; (y) to export software or any information in violation of US export laws; or (z) to use the Service in contravention of the limitations of the pricing plan you have chosen.
6.2. IPSat HughesNet FAIR ACCESS POLICY.
To ensure fair Internet access for all HughesNet subscribers, HughesNet maintains a Fair Access Policy (FAP). This policy establishes an equitable balance in Internet access for all HughesNet subscribers. IPSat assigns a download threshold to each service plan that limits the amount of data that may be continuously downloaded. The small percentage of subscribers who exceed this limit will experience a temporary reduction of speed. HughesNet's FAP may be revised by HughesNet at any time.
6.3. COMPLIANCE WITH LAWS.
You agree to comply with all applicable laws, rules and regulations in connection with the Service, your use of the Service and this Agreement.
6.4. NO RESALE.
You agree not to reproduce, resell, transfer, trade, sublicense, or exploit for any commercial purposes your subscription to the Service, any portion thereof, or any capabilities or applications enabled by the Service (e.g., Voice over Internet Protocol service).
6.5. ASSUMPTION OF RISK.
IPSat may, but shall not have any obligation to, screen content transmitted through and stored on the Service for objectionable material and material that violates any law or regulation, the terms of this Agreement (collectively, “Objectionable Content”). IPSat may, but shall not have any obligation to, remove from the Service or refuse to store or transmit any Objectionable Content. You agree to bear all risks associated with any and all content you use, transmit, or receive on or through the Service, and agree that you will not rely on any such content.
PART IV – GRANT OF IMPORTANT RIGHTS BY YOU TO US, AND IMPORTANT DISCLAIMERS, ACKNOWLEDGMENTS AND OBLIGATIONS
7. COPYRIGHT AND LICENSES.
IPSat reserves all copyrights and other rights in and to any content available through the Service which is identified as, claimed by us as, or known by you to be, proprietary to IPSat or its licensors (collectively, “Proprietary Content”). The Proprietary Content is protected under U.S. and international copyright laws, including as a collective work. All copying, modification, distribution, publication or other use by you, or by any user of your account, of any such content or other works is prohibited, except as expressly permitted by IPSat.
8. NO ENDORSEMENT.
IPSat does not endorse or in any way vouch for the accuracy, completeness, truthfulness or reliability of any service, opinion, advice, communication, information or other content on or made available through the Service. Such content does not necessarily constitute or reflect the views or approval of IPSat or any of its subsidiaries or affiliates.
YOU ACKNOWLEDGE THAT INTERNET SITES, AND USE OF THE INTERNET, MIGHT CONSIST OF, INCLUDE AND/OR PROVIDE ACCESS TO IMAGES, SOUND, MESSAGES, TEXT, SERVICES OR OTHER CONTENT AND MATERIAL THAT MAY BE UNSUITABLE FOR MINORS AND THAT MAY BE OBJECTIONABLE TO MANY ADULTS. YOU ACKNOWLEDGE THAT IPSat IS NOT RESPONSIBLE FOR ANY SUCH CONTENT OR MATERIAL AND THAT ACCESS TO SUCH CONTENT AND MATERIAL THROUGH THE SERVICE IS AT YOUR SOLE RISK.
10. LIMITED WARRANTY ON EQUIPMENT.
IPSat warrants to the original buyer that under normal use and wear the equipment used to access the Service (the “Equipment”), which includes the Indoor Unit (satellite modem), Power Supply, and Outdoor Unit (Antenna & Radio Assembly), will be free from defects in material and workmanship for a standard limited warranty term of 24 months* from the date of activation. Any Equipment replaced or repaired under this warranty will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. This warranty is not transferable.
If under normal use and wear, the Equipment becomes defective in materials or workmanship during the warranty period set forth above, IPSat shall at its option and expense, perform one of the following:
- We will repair or replace the defective Equipment within thirty (30) days of the date the defective Equipment was returned to IPSat’ designated address at your expense, to cause it to comply with the terms of this Limited Warranty. Reconditioned replacement components, parts, units or materials may be used if the Equipment is repaired or replaced.
- If repair or replacement is not commercially practicable, we will return the original price paid by you for the defective Equipment. If service to the Outdoor Unit (satellite antenna and transmitter) is required, IPSat will, at its expense, repair or replace it pursuant to the limited warranty for the first six months after installation. From six months to the end of your limited warranty period, IPSat will cover the cost of the replacement equipment, but the cost of the on-site service technician visit, if necessary, will be paid by you. You may request a price estimate prior to the work, based on the type of the replacement. If your satellite antenna needs to be re-pointed after the first 6 months of service, a standard on-site visit fee will be charged to you. Reconditioned replacement components, parts, units or materials may be used if the Equipment is repaired or replaced.
- We may upgrade the Equipment to a later-generation product that performs the same function and complies with the terms of this Limited Warranty.
THESE ARE YOUR SOLE AND EXCLUSIVE REMEDIES FOR DEFECTS DURING THE WARRANTY PERIOD IN ANY EQUIPMENT COVERED BY THE LIMITED WARRANTY. To request Limited Warranty service you must contact IPSat Customer Service, at 1-757-312-8300 within the Limited Warranty period.
This Limited Warranty will be void in its entirety if the Equipment is serviced by anyone other than IPSat, or an IPSat-Authorized Service Center. IPSat neither assumes nor authorizes any Authorized Service Center or any other person or entity to assume any other obligation or liability beyond that which is provided for in this Limited Warranty.
This Limited Warranty does not cover damage or affected operation of the above-referenced Equipment resulting from:
- Non-professional installation; re-pointing of the Antenna; removal, repair or disassembly of Equipment by anyone other than an IPSat-Authorized Service Technician
- Failure to follow instructions
- Fire, flood, wind, lightning, earthquake or other acts of God
- Spills of food or liquids
- Problems with electrical power
- Misuse, abuse, accident, vandalism, alteration or neglect
- Use in combination with other external devices not manufactured or provided by IPSat.
This Limited Warranty does not cover items in the following categories:
- Software provided by any party other than IPSat
- External devices not manufactured or provided by IPSat
- Any payments for labor or service to representatives or service centers not authorized by IPSat
EXCEPT AS SPECIFICALLY PROVIDED ABOVE, THE EQUIPMENT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, IPSat DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE EQUIPMENT IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE EQUIPMENT IS ASSUMED BY YOU.
No oral or written information or advice given by IPSat, its dealers, distributors, agents or employees, shall create a warranty or in any way increase the scope of this warranty, and you may not rely on any such information or advice. This warranty gives you specific legal rights. You may have other rights, which vary from state to state.
All liability and obligations of IPSat under this Limited Warranty shall terminate upon expiration of the applicable warranty period provided herein. This Limited Warranty sets forth the entire responsibility of IPSat with respect to the Equipment. IPSat shall have no further liability to you or to any third party arising from the sale of the products whether based on warranty, contract, negligence or other theories of liability. IPSat SHALL HAVE NO LIABILITY FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY NATURE ARISING OUT OF IPSat’ BREACH OF THIS LIMITED WARRANTY, WHETHER SUCH DAMAGES AROSE IN CONTRACT OR TORT, AND WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE. In no event shall IPSat liability exceed the amount paid by you for the Equipment.
11. DISCLAIMER OF WARRANTIES ON THE SERVICE AND EXCLUSION OF LIABILITY.
11.1. WARRANTY DISCLAIMER.
IPSat DOES NOT OFFER ANY WARRANTY IN CONNECTION WITH THE SERVICE OR THE SUBSCRIBER EQUIPMENT. THE SERVICE IS MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IPSat EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE ERROR-FREE, SECURE OR UNINTERRUPTED OR OPERATE AT ANY MINIMUM SPEED. YOU AGREE THAT YOUR USE OF THE SERVICE AND THE SUBSCRIBER EQUIPMENT, AND SUCH USE BY ANYONE USING YOUR ACCOUNT, IS AT YOUR SOLE RISK. NO ORAL ADVICE OR WRITTEN INFORMATION PROVIDED BY IPSat, ITS EMPLOYEES, DEALERS OR THE LIKE SHALL CREATE A WARRANTY.
11.2. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER IPSat NOR ANY OF ITS INFORMATION OR CONTENT PROVIDERS, SERVICE PROVIDERS, LICENSORS, EMPLOYEES OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO USE THE SERVICE WITHOUT LIMITING THE FOREGOING, IF FOR ANY REASON ANY PORTION OF THE FOREGOING LIMITATION OF LIABILITY SHALL BE VOIDED, THEN IN SUCH EVENT THE MAXIMUM, SOLE, AND EXCLUSIVE LIABILITY OF IPSat, ITS DEALERS, DISTRIBUTORS, AGENTS, EMPLOYEES OR THIRD-PARTY CONTENT PROVIDERS, IF ANY, SHALL BE LIMITED TO AN AMOUNT NOT TO EXCEED THE TOTAL AMOUNT ACTUALLY PAID TO IPSat BY YOU FOR SERVICES FURNISHED UNDER THIS AGREEMENT FOR THE PERIOD OF TIME COMMENCING UPON THE OCCURRENCE OF SUCH ERROR, DEFECT OR FAILURE AND CEASING UPON THE DISCOVERY AND RECTIFICATION OF SUCH, IN WHOLE OR IN PART; PROVIDED, HOWEVER, THAT IN NO EVENT SHALL SUCH PERIOD OF TIME EXCEED THE TWELVE- (12-) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE WHICH SUCH ERROR, DEFECT OR FAILURE IS FIRST DISCOVERED IN WHOLE OR IN PART.
Without limiting the foregoing, IPSat shall not be responsible for (a) any failure to transmit or store, or for any deletion of, any communication, message, email, or content transmitted through, sent to, or received by the Service or IPSat’ servers; or (b) any modification, suspension, interruption, or discontinuance of the Service.
11.3. FULL APPLICABILITY.
THE FOREGOING EXCLUSIONS OR LIMITATIONS OF LIABILITY APPLY REGARDLESS OF ANY ALLEGATION OR FINDING THAT A REMEDY FAILED OF ITS ESSENTIAL PURPOSE, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY (INCLUDING WITHOUT LIMITATION NEGLIGENCE) AND EVEN IF IPSat OR OTHERS ARE ADVISED OR AWARE OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OR LIABILITY.
You agree to indemnify and hold harmless IPSat against all claims, liability, damages, costs and expenses, including but not limited to reasonable attorneys’ fees, arising out of or related to this Agreement, any and all uses of your account, and your use of the Service. This includes, without limitation, responsibility for all such consequences resulting from actions by you or any user of your account in violation of this Agreement, the Acceptable Use Policy, or any law or regulation.
13. LIABILITY FOR UNAUTHORIZED USE.
You agree to notify us immediately after you sell, give away or otherwise transfer your Equipment to anyone else. You are considered the registered recipient of the Service until IPSat receives such notice, and you will be liable for any charges or fees incurred by the use of your Equipment by anyone else up to the time that IPSat receives your notice, unless otherwise provided by State law. You may not assign or transfer your service without IPSat’ written consent. If you do, IPSat may inactivate your service. If your Equipment is stolen or otherwise removed from your premises without your authorization you must notify IPSatNet Customer Care Center immediately, or else you may be liable for payment for unauthorized use of your Equipment system. You will not be liable for unauthorized use after IPSat has received your notification.
14. PROPRIETARY RIGHTS.
All copyright or other proprietary rights notices contained in or associated with the content available through the service must be preserved on any copies made of such material; provided, however, that no copies shall be made in violation of Section 7 or any other provision of this Agreement. The placement of copyrighted material in any public posting area, or any software library, without the consent of the copyright owner is prohibited. Nothing in this Agreement may be construed to convey to you any interest, title or license in the user ID, email address, Universal Resource Locator (“URL”), IP address, or domain name used by you in conjunction with the Service.
PART V – GENERAL
15. LIMITS ON TRANSFERS; NO RIGHT OF SURVIVORSHIP.
Unless otherwise agreed in writing, your right to use the Service, or to designate other users of your account, is not transferable and is subject to any limits established by IPSat. Your right to use your user ID, email address, and other unique identifiers assigned to you by IPSat shall terminate upon the termination of this Agreement. This Agreement will terminate immediately upon your death.
16. CHOICE OF LAW.
This Agreement is made in the State of Virginia. This Agreement and all of the parties’ respective rights and duties in connection herewith, including, without limitation, claims for violation of state consumer protection laws, unfair competition laws, and any claims in tort shall be governed by and construed in accordance with the laws of the State of Virginia, in the United States, excluding its conflicts of laws provisions. Any such controversy or claim shall be settled by arbitration, and administered by the American Arbitration Association under its Commercial Arbitration Rules. Any such arbitration will be held in Norfolk, VA. The arbitrator will be an expert in the field of Internet services. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. There shall be no class action arbitration pursuant to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement and it is acknowledged that this is a services contract and not a contract for the sale of goods. You agree that this Agreement is set forth in the English language for the mutual convenience and benefit of the parties. A printed version of this Subscription Agreement and of any notice given in electronic form shall be admissible in judicial and administrative proceedings relating to or based upon this Subscription Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
17. ELECTRONIC DELIVERY POLICY AND YOUR CONSENT.
By applying for or using the Service, you consent to receive all agreements, disclosures, policies, notices and other information (collectively, Notices) provided by IPSat or its affiliates via paper, aural, and/or electronic delivery at IPSat’ sole and absolute discretion. For purposes of example and not limitation, IPSat may deliver or display Notices to you by email, pop-up window, or posting a message on the Service or the IPSat Website. You agree that certain supplemental or enhanced services made available to subscribers may also have their own procedures for providing Notices.
18. CONSTRUCTION AND DELEGATION.
Neither the course of conduct between parties nor trade practice shall act to modify the provisions of this Agreement. IPSat may authorize or allow its contractors and other third parties to provide services necessary or related to making the Service available and to perform obligations and exercise IPSat’ rights under this Agreement, and IPSat may collect payment on their behalf, if applicable. The provisions of any Sections of this Agreement, which by their nature should continue, shall survive any termination of this Agreement.
19.1. Notice; Severability.
Where notification by IPSat is contemplated by or related to this Agreement, notice may be made by any reasonable means, including without limitation email or publication over the Service. If any term of this Agreement is found by a court of competent jurisdiction to be invalid, illegal or unenforceable, it shall be construed in such a way as to eliminate the offending aspects while still giving as much effect as possible to the intentions of such term. Where an entire provision is invalid, illegal or unenforceable and cannot be so repaired, then the term shall be considered to be stricken from this Agreement as if it had not been included. In any such case, the balance of this Agreement shall remain in effect in accordance with its remaining terms notwithstanding such invalid, illegal or unenforceable term.
19.2. No Waiver.
IPSat may enforce or decline to enforce any or all of the terms of this Agreement in its sole discretion without waiving its rights to enforce such provisions in the future. In no event shall IPSat be required to explain, comment on, suffer liability for or forfeit any right based on its enforcement, non-enforcement or consistency of enforcement of these terms.
Captions used in this document are for convenience only and shall not be considered a part of this Agreement or be used to construe its terms or meaning.
19.4. Statute of Limitations.
You agree that, regardless of any statute to the contrary, any claim or cause of action arising from or related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
20. ASSIGNMENT OF ACCOUNT.
IPSat may sell, assign or transfer your account to a third party without notice to you.
21. ENTIRE AGREEMENT.
This Agreement, as published over the Service and available on the Website, as well as the additional online documents specifically referred to herein as being a part of this Agreement (e.g., the Acceptable Use Policy), constitute the entire and only agreement with respect to the subject matter hereof between you and IPSat. This Agreement supersedes all representations, proposals, inducements, assurances, promises, agreements and other communications with respect to the subject matter hereof except as expressly set forth in this document. By applying for or using the Service, you agree to the terms and conditions of this Agreement. This Agreement can be amended only in the manner expressly provided for herein.