IP Satellite Systems Enterprise ISP Subscriber Agreement
READ THIS AGREEMENT CAREFULLY BEFORE USING THE
IP Satellite Systems SERVICE.
This is an agreement between IP Satellite Systems and you to provide IP Satellite Systems Enterprise
ISP Service ("the Service"). By establishing an account,
using the Service or equipment, you agree to be bound by this Agreement
and to use the Service in compliance with the IP Satellite Systems
Internet Service Agreement used to order your IP Satellite Systems service.
The initial term of this agreement begins on
your account billing start date and continues for twelve (12) months.
Your account billing start date is the date your service is activated. At the conclusion of each twelve month term, this Agreement will renew for an additional 12 months unless cancelled in writing 30 day prior to the expiration of the previous 12 month term. IP Satellite Systems reserves the
right to change the price of the Service at any time after the initial
term upon 30 days notice. Prices for other IP Satellite Systems
services may change at any time upon 30 days notice and will be
posted on the IP Satellite Systems website at: www.ipsatellitesystems.com.
Current rates may also be obtained by calling 1-757-312-8300.
3. THE SERVICE
The Service does include one Static IP address.
Four (4) additional Static IP addresses can be purchased for an
additional charge. The Service speed can vary depending on location,
storm activity, Internet traffic, and other factors beyond the control
of IP Satellite Systems. IP Satellite Systems provides
the Service on a "best effort" standard and does not guarantee
upload or download speeds, except as guaranteed by the subscriber's
additional purchase of additional bandwidth Commited Information
The service is designed to provide access to the public internet,
primarily for web browsing and email. Certain applications like
VoIP, teleconferencing, and streaming media are designed to use
a constant amount of bandwidth, and as a result consume more network
resources than normal Internet access. By purchasing a minimum CIR
(Committed Information Rate) in addition to the standard bandwidth,
you will insure the highest quality when using these applications.
Use of these applications without CIR is a violation of the Terms
of Service, and will result in additional charges or reduction of
throughput levels. The service is not intended to be used to run
constant bandwidth usage without purchasing CIR. CIR is $5/Kbps.
If you need to cancel your IP Satellite Systems Enterprise
ISP Service after the expiration of your current 12 month term,
you may send a written request to IP Satellite Systems
Customer Service by fax to (757) 282-7702. To process
your cancellation request, we require that you provide the following:
(1) Written request submitted on company letterhead by your billing
contact , (2) Your customer name as it appeared on your Order Form,
(3) Current phone number, (4) Reason for canceling service, and
(5) minimum notice of cancellation of 30
before the intended cancellation date.
Cancellation, downgrading or changing (to Dial Up, DSL, Cable, T-1,
etc.) the Service by you before the initial term of the agreement
ends will result in an early termination fee.The early termination
fee is equal to the monthly billing amount of the service plan your
service was initiated on, multiplied by the number of whole or partial
months remaining in the current 12 month term. After the completion
of the current 12 month term, if cancelled in writing in accordance
with the above portion of Section Four, cancellation will be effective
at the end of the billing cycle following the billing cycle during
which the notice of cancellation is received and processed, providing
that any applicable cancellation fees have been paid by Customer.
can not be accepted and processed, and the service may not be canceled
until any applicable cancellation fee has been paid. IP Satellite Systems may terminate this Agreement, your account, or your
use of the Services for any reason, including, without limitation,
if IP Satellite Systems, in its sole discretion, believes
you have violated the Agreements or if you fail to pay any charges
when due. Termination notice will be by email or U.S. Mail to the
address you provided for the Service. All notices to you shall be
deemed to be received and effective on the first (1st) day following the date of the
email or on the fourth (4th) day following the date of the mailing.
If you are dissatisfied with the Service or any related terms, conditions,
rules, policies, guidelines, or practices, your sole remedy is to
discontinue using the Service, cancel your account, and pay the
applicable cancellation fees that apply.
Sections 1, 4, 6, 10, and 11 of this Agreement shall survive termination
of this Agreement.
5. ACCOUNT REQUIREMENTS
In order to receive the Service:
You must be at least 18 years old and provide a valid credit card,
You must be authorized to order services on behalf of your company,
organization, or Agency,
You must have a clear line of sight to the satellite.
All Equipment and setup charges are paid in advance. Purchase Orders
can only be accepted from Government Agencies and pre-approved companies.
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
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.
7. YOUR ACCOUNT AND SECURITY
You are solely responsible for use of the Service. You must keep
your computer hardware secured in such a manner that no one else
may access the Services through your account. You must notify IP Satellite Systems immediately upon discovering any unauthorized
use of your account.
IP Satellite Systems technical support may be limited to
IP Satellite Systems-provided services, software and/or
The installation, use, inspection, maintenance and repair of the
Equipment may result in service outage. You are solely responsible
for backing up all of your existing computer files and data. IP Satellite Systems and its employees, agents, contractors, and
representatives shall have no liability whatsoever for any damage
to or loss or destruction of any of your hardware, software, files,
data, or peripherals.
If you are an end user and are unable to coordinate a professional
installation by a certified satellite installer, you have the option
to purchase a professional installation from IP Satellite Systems.
You will be responsible for all costs associated with the installation,
which will be listed on a Customer Order Form. Non-standard installations
will incur additional costs. A description of a non-standard installation
is available online at: http://www.IP Satellite Systems.com/standard-installation.htm.
IP Satellite Systems DOES NOT REPRESENT,
WARRANT, OR COVENANT THAT INSTALLATION BY YOU OR A THIRD PARTY CHOSEN
BY YOU WILL ENABLE YOU TO SUCCESSFULLY ACCESS, OPERATE, OR USE THE
SERVICES, NOR THAT SUCH INSTALLATION WILL NOT CAUSE DAMAGE TO YOUR
COMPUTER, DATA, SOFTWARE, FILES, OR PERIPHERALS. IN ADDITION, IP Satellite Systems SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY
DAMAGE, OR FOR THE FAILURE TO PROPERLY INSTALL, ACCESS, USE, OR
OPERATE THE EQUIPMENT OR SERVICES BECAUSE OF YOUR INSTALLATION.
THE FOREGOING LIMITATION OF LIABILITY IS IN ADDITION TO AND SHALL
IN NO WAY BE CONSTRUED TO LIMIT ANY AND ALL LIMITATIONS OF LIABILITY
SET FORTH ELSEWHERE IN THIS AGREEMENT.
IP Satellite Systems will make its best effort to provide
the Service. Because of the complex nature of satellite, broadband
services, availability, and the underlying infrastructure, it may
not be possible to provide the Service to everyone. In its sole
discretion, IP Satellite Systems may cancel the installation
process and refund any money that you have paid. IP Satellite Systems will notify you of its intent to cancel as soon as
reasonably possible. IP Satellite Systems shall have no
responsibility whatsoever for claims arising out of its failure
or refusal to complete the installation or provide the Service.
9. MONITORING THE SERVICES
IP Satellite Systems has no obligation to monitor the Services,
but may do so and disclose information regarding use of the Services
for any reason if IP Satellite Systems, in its sole discretion,
believes that it is reasonable to do so, including to: satisfy laws,
regulations, or governmental or legal requests; operate the Service
properly; or protect itself and its subscribers.
CERTAIN EQUIPMENT MAY BE SUBJECT TO THIRD PARTY WARRANTIES,WHICH
MAY BE PASSED THROUGH IP Satellite Systems TO YOU AT NO
ADDITIONAL CHARGE. IP Satellite Systems WILL COMPLY WITH
ALL REASONABLE REQUIREMENTS NECESSARY TO AFFECT THE PASS-THROUGH
OF THE WARRANTY TO YOU. AT ITS SOLE OPTION WITHIN THE INITIAL TERM,
IP Satellite Systems OR ITS AGENT MAY REPLACE A DEFECTIVE
MODEM OR OTHER HARDWARE ON BEHALF OF THE MANUFACTURER, PROVIDED
YOU FOLLOW ALL APPLICABLE PROCEDURES AND OBTAIN A RETURN MATERIALS
AUTHORIZATION (RMA) NUMBER.THIS WARRANTY DOES NOT COVER DEFECTS
RESULTING FROM ACTS OUTSIDE OF IP Satellite Systems'S CONTROL,
USE CONTRARY TO SPECIFICATIONS OR INSTRUCTIONS, OR REPAIR OR MODIFICATION
BY ANYONE OTHER THAN IP Satellite Systems OR ITS CONTRACTOR.
IP Satellite Systems WILL NOT BE RESPONSIBLE FOR ANY EQUIPMENT
DAMAGED BY ANY NATURALLY OCCURRING EVENT SUCH AS LIGHTNING, FLOOD,
OR EARTHQUAKE OR OTHER EVENTS OUT OF IP Satellite Systems'S
CONTROL SUCH AS FIRE, POWER SURGES, OR THE ACTS OF OTHERS.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. IP Satellite Systems DOES NOT WARRANT THAT THE SERVICES
WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES, OR OTHER HARMFUL
COMPONENTS. IP Satellite Systems MAKES NO EXPRESS WARRANTIES
AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO,
WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION
OR SERVICE PROVIDED THROUGH IP Satellite Systems OR THE
INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY IP Satellite Systems OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. IP Satellite Systems AND IT EMPLOYEES ARE NOT LIABLE FOR ANY COSTS
OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES
OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE,
SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, IP Satellite Systems'S CUMULATIVE LIABILITY TO YOU FOR ANY AND
ALL CLAIMS RELATING TO THE USE OF THE SERVICES SHALL NOT EXCEED
THE TOTAL AMOUNT OF SERVICE FEES PAID DURING A ONE-YEAR PERIOD.
IP Satellite Systems SHALL HAVE NO LIABILITY WHATSOEVER
FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS
RESULTING FROM: OTHER USERS ACCESSING YOUR COMPUTER; SECURITY BREACHES;
EAVESDROPPING; DENIAL OF SERVICE ATTACKS; INTERCEPTION OF TRAFFIC
SENT OR RECEIVED USING THE SERVICES;YOUR RELIANCE ON OR USE OF THE
EQUIPMENT OR SERVICES, OR THE MISTAKES, OMISSION, INTERRUPTIONS,
DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION,TRANSMISSIONS,
OR ANY FAILURE OF PERFORMANCE OF THE EQUIPMENT OR SERVICES;THE USE
OF THE EQUIPMENT OR SERVICES BY YOU OR A THIRD PARTY THAT INFRINGES
THE COPYRIGHT, PATENT, TRADEMARK,TRADE SECRET, CONFIDENTIALITY,
PRIVACY, OR OTHER INDUSTRIAL OR INTELLECTUAL PROPERTY RIGHTS, PROPRIETARY
RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY; THE ACCURACY, COMPLETENESS,AND
USEFULNESS OF ALL SERVICES, PRODUCTS,AND OTHER INFORMATION,AND THE
QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH
THE SERVICE OR THE INTERNET.
THE FOREGOING LIMITATION APPLIES TO THE ACTS, OMISSIONS, NEGLIGENCE
AND GROSS NEGLIGENCE OF IP Satellite Systems, ITS OFFICERS,
EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES WHICH, BUT FOR
THIS PROVISION,WOULD GIVE RISE TO THE CAUSE OF ACTION AGAINST IP Satellite Systems IN CONTRACT, TORT, OR ANY OTHER LEGAL DOCTRINE.YOUR
SOLE AND EXCLUSIVE REMEDIES UNDER THIS AGREEMENT ARE AS EXPRESSLY
SET OUT IN THIS AGREEMENT. ANY WARRANTY GIVES YOU SPECIFIC LEGAL
RIGHTS.YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO
This Agreement is governed by Virginia law without regard to conflict
of law provisions. Any controversy or claim arising out of or relating
to this agreement, or the breach thereof, shall be settled by arbitration,
and administered by the American Arbitration Association under its
Commercial Arbitration Rules. Any such arbitration will be governed
by Virginia law and will be held in Norfolk, Virginia. The arbitrator
will be an expert in the field of Internet services. The arbitrators
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 and IP Satellite Systems' other Agreements
and policies posted on IP Satellite Systems' Web site constitute
the entire agreement between you and IP Satellite Systems
with respect to your use of the Service. IP Satellite Systems
may revise, amend, or modify the Agreements at any time and in any
manner. Notice of any revision, amendment, or modification will
be posted on IP Satellite Systems' Web site (www.IP Satellite Systems.com)
and/or by email and/or mailings to you. In the event that any provision
of this Agreement is found to be invalid or unenforceable, the remainder
of this Agreement will remain valid and shall be enforced according
to its terms.