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Subscriber Agreement

 

IP Satellite Systems Enterprise ISP Subscriber Agreement

 

READ THIS AGREEMENT CAREFULLY BEFORE USING THE IP Satellite Systems SERVICE.

1. AGREEMENT

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.

2. TERM

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 Rate (CIR).

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.

4. CANCELLATION
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. Cancellations 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.

6. PAYMENT
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 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.

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 unmodified hardware.

8. INSTALLATION
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.

10. DISCLAIMERS
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 STATE.

11. JURISDICTION
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.

12. MISCELLANEOUS
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.


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