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Internet Agreement
Model
Satellite Internet Subscriber Agreement
(Including Internet Use Policies)
Please read this Satellite Internet Subscriber Agreement carefully since it contains important contract rights and obligations between you and [Your OPERATOR], as well as important limitations on those rights. Agreement to these terms is required for us of the Your OPERATOR Service ("Service"). If you do not agree with all of these terms, then you may not sign up for the use of the Service.
Contacting your OPERATOR:
You may contact our Customer Care Center seven (7) days a week, twenty four (24) hours a day by calling " 1-800-OPERATOR", by e-mail at Techsupport@OPERATOR.com or by writing to:
OPERATOR
Customer Care Center
### Local Address
City, State, Postal Code Country
Resale Provision
OPERATOR Data and any other OPERATOR services are not intended for resale. OPERATOR reserves the right to terminate any contract in the event of resale.
A. WHO MAY USE THE SERVICE - SUPERVISION.
Using the Service requires that you be a Satellite Internet Subscriber of the Service, or that you have
Permission of a Satellite Internet Subscriber to use that Satellite Internet Subscribers OPERATOR
access account. Even if you are not yourself a Satellite Internet Subscriber, you still must comply
With these terms if you use the Service. Satellite Internet Subscriber agrees to supervise and be fully
responsible for all use by others of the Satellite Internet Subscribers OPERATOR account in
accordance with the terms of conditions of this Agreement as more fully described below.
B. ABOUT YOUR OPERATOR SATELLITE INTERNET SUBSCRIBERSHIP AND ACCOUNTS.
A " Satellite Internet Subscriber" is a person who, being at least 18 years of age, has agreed to this
Satellite Internet Subscriber Agreement, is legally able to enter into contracts and whose name and
other necessary billing and identifying information are reflected on the OPERATOR’s records as
the person responsible for a particular OPERATOR account. This License is a single, personal,
non-exclusive, non-assignable, and non-transferable license to use the OPERATOR Data Service, as
described more fully herein, on a periodic dial-up connection basis. This means that the account is
intended as a periodic dial-up account (single Satellite Internet Subscriber license, Satellite Internet
Subscriber physically interacting with the computer while logged on to the Service) and not a full
time dedicated connection. A local Internet Service Provider (ISP) account is required for access to
the OPERATOR Services and is recognized by the ISP by your given Data Satellite Internet
Subscriber user name and password.
C. PRICING AND BILLING DETAILS.
Please pay close attention to the terms referred to below regarding pricing and billing information.
Some of these terms are located in a separate document on Service and are an important part of this
Agreement -- they may be contained in a separate document (or documents), hereby incorporated by
reference, as they contain pricing and billing options and plans that you may choose from or that may
not apply to or be available to every Satellite Internet Subscriber.
D. CHANGES.
Changes to both the Service and this Satellite Internet Subscriber Agreement may be made from time
to time at your OPERATOR’s sole discretion. These changes may affect your rights and obligations
under this Agreement and may also affect the makeup and nature of the OPERATOR Data Service
itself. This Satellite Internet Subscriber Agreement, including any future modifications, will be available
on the Your OPERATOR Web site at http://www.OPERATOR.com
E. YOUR RIGHT TO CANCEL.
In the event that the OPERATOR changes the terms and conditions of this Agreement or the Service
itself, then the Satellite Internet Subscriber shall have the right to cancel the Satellite Internet
Subscriber’s account at that time in accordance with the terms and conditions of this Agreement as
set forth below. You may be subject to a cancellation fee if you acquired the Service as part of a
promotion that required you to subscribe to the Service for a period of time and you cancel this Satellite
Internet Subscriber Agreement before the expiration of such period.
F. SATELLITE INTERNET SUBSCRIBER AGREEMENT ORGANIZATION.
This Satellite Internet Subscriber Agreement is organized into five (5) "Parts":
Part I -- The Service, Satellite Internet Subscribership and This Satellite Internet Subscriber Agreement;
Part II -- Payment;
Part III -- Permitted Use and Restrictions on Use;
Part IV -- Grant of Important Rights by Satellite internet Subscriber to OPERATOR and OPERATOR, and
Important Disclaimers to , Acknowledgments by and Obligations of Satellite Internet Subscriber;
and
Part V -- General (Note: Although located at the end of this Satellite Internet Subscriber Agreement, these
terms are important).
Part 1
THE SERVICE, SATELLITE INTERNET SUBSCRIBERSHIP AND THIS SATELLITE INTERNET SUBSCRIBER AGREEMENT
1. THE OPERATOR SERVICES
OPERATOR Service is a one-way broadband Internet data delivery system with local dial up modem
access provided by an assigned ISP for requests of Web-based data. Satellite Internet Subscriber
Web data requests are delivered to a Personal Computer connected to the special satellite modem
installed in the Satellite Internet Subscriber’s PC. Data is supplied to the Satellite Internet Subscriber
by satellite.
2. MODIFICATIONS; RIGHTS OF CANCELLATION OR SUSPENSION
2.1 MODIFICATIONS OF THIS SATELLITE INTERNET SUBSCRIBER AGREEMENT.
Upon notice published over the Service, the OPERATOR may at any time modify this Satellite Internet
Subscriber Agreement, including, without limitation, pricing and billing terms.
2.2 MODIFICATION OF THE SERVICE.
The OPERATOR may discontinue, add to or revise any or all aspects of the Service in its sole discretion
and without notice, including access to support services, publications and any other products are
services ancillary to the service or membership. In particular, the OPERATOR specifically reserves
the right at its sole discretion to modify, supplement, delete, discontinue or remove any software, file,
publications, information, communication or other content appearing on or transmitted through the
Service.
2.3 TERMINATION BY SATELLITE INTERNET SUBSCRIBER.
In the event that the OPERATOR modifies this Satellite Internet Subscriber Agreement, the Service or
related pricing or billing terms, Satellite Internet Subscriber may immediately terminate Satellite Internet
Subscriber’s account and this Satellite Internet Subscriber Agreement, and Satellite Internet Subscriber
may also do so at any other time and for any other reason or for no reason upon Thirty(30) days written
notice. Satellite Internet Subscriber shall terminate this Agreement in accordance with the terms and
conditions specified herein; failure to do so may delay or prevent the OPERATOR from knowing that a
termination was intended. In such event Satellite Internet Subscriber will continue to be liable under this
Agreement for all fees and charges until such time as the Agreement has properly terminated or the
OPERATOR has acknowledged such termination in writing. Satellite Internet Subscriber may also be
subject to a cancellation fee if Satellite Internet Subscriber acquired he Service as part of a promotion
that required Satellite Internet Subscriber to subscribe to the Service for a period of time and Satellite
Internet Subscriber cancels the Service before the expiration of such period.
2.4 TERMINATION OR SUSPENSION BY THE OPERATOR.
The OPERATOR may immediately terminate the Satellite Internet Subscriber’s account and this Satellite
Internet Subscriber Agreement in the event of any breach of this Satellite Internet Subscriber Agreement
by Satellite Internet Subscriber or a user of Satellite Internet Subscriber’s account. The OPERATOR
reserves the right in its sole discretion to terminate the Satellite Internet Subscriber’s account and this Satellite
Internet Subscriber (and/or with respect to any user of Satellite Internet Subscriber’s account) at any
time. In the event that the OPERATOR either terminates or suspends Satellite Internet Subscriber’s account
and or Satellite Internet Subscriber’s Agreement for reasons other than breach of this Agreement, then
the OPERATOR shall provide Thirty(30) days notice of such suspension or termination to the Satellite
Internet Subscriber.
2.5 CONTINUATION OF OBLIGATIONS.
Notwithstanding any cancellation or termination of this Satellite Internet Subscriber Agreement or any
Satellite Internet Subscriber account, nor any suspension or termination of access to or use of the
Service, Satellite Internet Subscriber will remain responsible for any obligation accrued 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). Satellite Internet Subscriber’s payment and other obligations under this
Satellite Internet Subscriber Agreement are not suspended or affected by a suspension of access
to or use of the Service, in whole or in part, due to a violation (actual, threatened or alleged) of this
Satellite Internet Subscriber Agreement or of any law or legal obligation by Satellite Internet
Subscriber or any user of Satellite Internet Subscriber’s account.
3. WHO MAY USE THE SERVICE - RESPONSIBILITY AND SUPERVISION
3.1 AGE AND ACCOUNT SETUP
Satellite Internet Subscriber represents that Satellite Internet Subscriber is at least 18 years of age and
has the right and ability to enter into this Satellite Internet Subscriber Agreement. Satellite Internet
Subscriber is 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 the same household as Satellite Internet Subscriber’s may share a single Satellite
Internet Subscriber ID number and account, if authorized by Satellite internet Subscriber to use the account.
However, only one person is authorized to access the Service at any given time through the same Satellite
Internet Subscriber ID number or account, unless otherwise permitted in writing by the OPERATOR.
3.3 SATELLITE INTERNET SUBSCRIBER RESPONSIBILITY.
Satellite Internet Subscriber shall be responsible for all access to and use of the Service through Satellite
Internet Subscriber’s account and password (s) and for any fees incurred for service, or for software or other
merchandise purchased thereon, or any other expenses incurred in accordance with the terms of this Satellite
Internet Subscriber Agreement. Satellite Internet Subscriber promises to pay such amounts billed by the
OPERATOR for such service, software, or merchandise and any related fees, taxes and charges. Permitted
users of Satellite Internet Subscriber’s account are limited to family members with the same permanent
residence as Satellite Internet Subscriber. Satellite Internet Subscriber acknowledges that Satellite Internet
Subscriber is aware that area accessible on or through the Service may contain material that is unsuitable for
minors (persons under 18 years of age). Satellite Internet Subscriber agrees to supervise usage of the Service
by minors who use the Service through Satellite internet Subscriber account. Satellite Internet Subscriber hereby
ratifies and confirms any obligations a minor using Satellite Internet Subscriber’s account enters into or assumes
and any promises or permissions such minor makes or gives.
Part II
PAYMENT
4. FEES AND PAYMENT
4.1 FEES, TAXES, AND OTHER CHARGES.
SATELLITE Internet Subscriber shall pay, in accordance with the provisions of the billing option selected by
Satellite Internet Subscriber, any registration or monthly fees, connect time charges, data transfer service
charges, minimum charges and other amounts charged to our incurred by Satellite Internet Subscriber, or by
users of Satellite Internet Subscribers account, at the rates in effect for the billing period in which those
amounts are charged or incurred. Satellite Internet Subscriber shall pay all applicable taxes related to use of
the Service by Satellite Internet Subscriber or by users of Satellite Internet Subscribers account. Information
on charges and surcharges (if any) that are to be paid to the OPERATOR and are incurred by Satellite Internet
Subscriber or by users of Satellite Internet Subscribers account will be made available to the Satellite Internet
Subscriber on the OPERATOR Web site, and Satellite Internet Subscriber or by users of Satellite Internet
Subscribers account will be to charges incurred and paid or to be paid to the OPERATOR. Additional terms
relating to pricing, billing, and payment ad which are integral parts of this Satellite Internet Subscriber
Agreement are set forth and available on the OPERATOR Web site.
4.2 PAYMENT
The OPERATOR will make available to you a statement for each billing cycle showing payments, credit
purchases and other charges. Payment of the outstanding balance is due in full each month. If the
OPERATOR does not receive your payment on or before fifteen (15) days from the date of receipt of the
statement, you may be charged interest on the delinquent balance at the rate of one and one-half percent
(1.5%) per month, prorated on a daily basis, and be disconnected from the service.
4.3 COMMENCEMENT AND DURATION OF SATELLITE INTERNET SUBSCRIBERSHIP FEES.
Satellite Internet Subscriber acknowledges that (subject to any exceptions granted by the OPERATOR) a
monthly Satellite Internet Subscriber fee will apply for each and every month (or portion thereof) that one is a
Satellite Internet Subscriber. Satellite Internet Subscriber’s account will continue until Satellite Internet
Subscriber cancels the account in accordance with the method or methods specified by the OPERATOR
(unless otherwise terminated in accordance with this Satellite Internet Subscriber Agreement). As stated
above, Satellite Internet Subscriber may cancel its account at any time, subject to the cancellation fee, if
applicable. The monthly subscription gee shall cease to apply for any months after the billing month in which
Satellite Internet Subscriber cancels or terminates its account in accordance with the terms and conditions
stated herein. The OPERATOR may, but is not required to, accept partial payments from you. If partial
payments are made, they will be applied to statements starting with the oldest outstanding statement. Late
fees will be assessed monthly as allowed by applicable law until the total outstanding account balance,
including late fees and all other charges, are paid. If you send us checks or money orders marked "payment in
full" or otherwise labeled with restrictive endorsements, the OPERATOR can, but is not required to, accept
them, without losing any rights to collect all amounts owed by you under this Agreement. In the case of late
payment or non-payment for any of the OPERATOR services ordered by you or any of the charges stated
herein, you understand and agree that the OPERATOR may report such late payment or non-payment to the
appropriate credit reporting agencies. If the OPERATOR chooses to use any collection agency or attorney to
collect money that you owe the OPERATOR or to assert any other right which the OPERATOR may have
against you, you agree to pay the reasonable costs of collection or other action including, but not limited to, the
costs of a collection agency, reasonable attorney’s fees, and court costs, as provided by applicable law.
4.4 REACTIVATION
If your service is inactivated because you did not submit payment on time or any other reason, in addition to
payment of past due amounts, the OPERATOR may require a deposit before reactivating you service, which
shall not exceed one (1) year subscription fees. Amounts deposited by you will appear on your statement as a
credit, and service charges and other fees will be invoiced as set forth above. Any unpaid amounts will be
deducted each billing cycle from the credit amount. Credit amounts shall not earn or accrue interest. If your
service is inactivated for any reason, including at your request or because of your failure to pay past due
amounts, and you want to reactivate the service, you agree to pay a reactivation fee in accordance with the
OPERATOR’s then current rates. In addition you must bring your account up to date by making payment in full
of any outstanding balance, fees and charges.
4.5 ANCILLARY EQUIPMENT, SERVICES.
It is your responsibility, at your own expense, to obtain, maintain, and operate suitable and full compatible
terminal equipment, and communication devices required to access the Service. You are responsible for all
telephone charges incurred in connection with using the Service. YOU ACKNOWLEDGE THAT CERTAIN
SATELLITE INTERNET SUBSCRIBER EQUIPMENT HAS BEEN ACQUIRED BY YOU SEPARATE AND
APART FROM THIS SATELLITE INTERNET SUBSCRIBER AGREEMENT. YOU ARE SOLELY
RESPONSIBLE FOR MAINTAINING SUCH SATELLITE INTERNET SUBSCRIBER EQUIPMENT. YOUR
OPERATOR MAKES NO REPRESENTATION OR WARRANTIES PURSUANT TO THIS SATELLITE
INTERNET SUBSCRIBER AGREEMENT, EITHER EXPRESS OR IMPLIED, REGARDING SUCH
SATELLITE INTERNET SUBSCRIBER EQUIPMENT -- ALTHOUGH YOU MAY HAVE LIMITED
WARRANTIES UNDER A SEPARATE PURCHASE AGREEMENT WITH YOUR OPERATOR.
Part III
PERMITTED USE AND RESTRICTIONS ON USE
5. SOFTWARE LICENSE
Subscriber a personal, non-exclusive, non-assignable and nontransferable license to use and display the
software provided by or on behalf of the OPERATOR only for purposes of accessing the Service ("Software")
on any machine (s) of which Satellite Internet Subscriber is the primary user or which Satellite Internet
Subscriber authorizes for use. Unauthorized copying of the software, including software that has been
modified, merged or included with the Software, or the written materials associated therewith is expressly
forbidden. Satellite Internet Subscriber may not sublicense assign or transfer this license or the Software
except as permitted by the OPERATOR. Any attempt to sublicense, assign or transfer any of the rights,
duties or obligations under this license is void. Satellite Internet Subscriber agrees that is shall not copy or
duplicate or permit anyone else to copy or duplicate, any part of the software provided hereunder, or create or
attempt to create, or permit others to create or attempt to create, by reverse engineering or otherwise, the
source programs or any part thereof from other information made available under this Satellite Internet
Subscriber Agreement.
7. SPECIFIC RESTRICTIONS ON USE OF THE SERVICE
7.1 PROHIBITED CONDUCT.
Satellite Internet Subscriber agrees not to upload, post or otherwise publish on or over the Service, and not to
seek on or over the Service, any software, file, information, communication or other content:
(a) which violates or infringes upon he rights of any one else; (b) which adversely affects the performance or
availability of the Service or Your OPERATOR’s resources; ( c) which contains any virus, worm, cancelbot,
harmful component or corrupted data; or (d) which, without the approval of the OPERATOR, contains any
advertising, promotion or solicitation of goods or services for commercial purposes.
This section 7.1 shall not be interpreted to restrict Satellite Internet Subscriber from utilizing mail services in
conducting a legitimate business except that Satellite Internet Subscriber may not, without the approval of the
OPERATOR, send unsolicited advertising or promotional material. Satellite Internet Subscriber agrees not to
intercept e-mail or engage in "spamming" or any similar conduct.
7.2 ILLEGAL OR COMPETITIVE PURPOSES.
Satellite Internet Subscriber agrees not to use the Service nor any of its elements or related facilities or
capabilities to conduct any business or activity, or solicit the performance of any activity, which is prohibited by
or would violate any appli law, rule, and regulation or legal obligation.
7.3 COMPLIANCE WITH LAWS.
Satellite Internet Subscriber agrees to comply with all applicable laws, rules and regulation or legal obligation.
Part IV
GRANT OF IMPORTANT RIGHTS BY CUSTOMER TO YOUR OPERATOR, AND IMPORTANT DISCLAIMERS TO, ACKNOWLEDGMENTS BY AND OBLIGATIONS, OF SATELLITE INTERNET SUBSCRIBER
8. COPYRIGHT AND LICENSES
8.1 RESERVATION OF RIGHTS BY THE OPERATOR
The OPERATOR reserves all copyrights and other rights in and to any content available through the Service
and is identified as, claimed by the OPERATOR as, or known by Satellite Internet Subscriber to be, proprietary
to the OPERATOR (or its licensers). The content on the Service is protected under applicable copyright law,
including as a collective work. All copying, modification, distribution, publication or other use by Satellite
Internet Subscriber, or by any user of Satellite Internet Subscribers account, of any such content or other
works is prohibited, except as expressly permitted by the OPERATOR.
9. NO ENDORSEMENT
The OPERATOR 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. None of such content should be construed or understood to constitute or reflect the
views or approval of the OPERATOR. The OPERATOR does not recommend that such content be relied on
for reaching important decisions or conclusions without appropriate verification by the Satellite Internet
Subscriber or user and, as appropriate, professional advice.
10. INTERNET
SATELLITE INTERNET SUBSCRIBER ACKNOWLEDGES THAT INTERNET SITES NOT CREATED BY
THE OPERATOR, 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. SATELLITE INTERNET SUBSCRIBER ACKNOWLEDGES THAT SERVICE IS AT SATELLITE
INTERNET SUBSCRIBERS SOLE RISK. The reliability, availability, legality, performance and other aspects
of resources accessed through the Internet are beyond the OPERATOR’s reasonable control and are not in
any way warranted or supported by the OPERATOR or its third party contractors. Satellite Internet Subscriber
acknowledges that safeguards relative to copyright, ownership, appropriateness, reliability, legality, and
integrity of content may be entirely lacking with respect to the Internet and content accessible through it.
Satellite Internet Subscriber confirms that Satellite Internet Subscriber assumes all risk and liability of any use
of the Internet through Satellite Internet Subscriber’s account, including Satellite Internet Subscriber’s
continuous compliance with the Satellite Internet Subscriber Agreement.
11. USE AND CONTROL OF INFORMATION; MEMBER COMMUNICATION; ADS
The OPERATOR may, without obligation, liability or notice, except to the extent prohibited by applicable law,
distribute, loan, sell or otherwise share with other persons or entities user lists as well as aggregate
information. Aggregate information included information constituting or descriptive of demographic information,
habits, usage patterns, preferences, survey data or other descriptive or related data which do not rely on
providing to recipients the identity of any particular user of the Service. This shall not be construed to limit the
OPERATOR’s use of other information not addressed in this Section 11. The OPERATOR will be free, in its
reasonable good faith discretion and without notice, to provide Satellite Internet Subscriber and user
information and records to the courts, law enforcement agencies, or others involved in prosecuting claims or
investigations for conduct or conditions alleged or believed to be illegal or to violate or threaten the rights of any
person or entity, and to maintain and use internally such information and records. Information generated by or
in connection with the OPERATOR’s administration of the Service shall be and remain the exclusive property
of the OPERATOR. The OPERATOR may also from time to time provided online, fax, telephone e-mail, mail,
and other communications to its Satellite Internet Subscribers and users on matters pertaining to the Service,
its features, its sponsors or its use without compensation to them or reimbursement of costs for doing so, but
shall do so reasonably and in good control and other reasonable business purposes. Satellite Internet
Subscriber also acknowledges that advertising and promotion may occur on the Service and also that neither
Satellite Internet Subscriber nor any user shall in any event have any claim with respect to any proceeds from
such activities.
12. DISCLAIMER OF WARRANTIES AND EXCLUSION OF LIABILITY
12.1 DISCLAIMER OF WARRANTIES, LIABILITY AND RESPONSIBILITY.
SATELLITE INTERNET SUBSCRIBERS EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT
SATELLITE INTERNET SUBSCRIBER’S SOLE RISK. NEITHER THE OPERATOR NOR ANY OF ITS
INFORMATION OR CONTENT PROVIDERS, SERVICE PROVIDERS, LICENSERS, EMPLOYEES OR
AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES
THE OPERATOR OR ANY OF ITS INFORMATION OR content PROVIDERS, SERVICE PROVIDERS,
LICENSERS, EMPLOYEES OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE
OBTAINED FROM USE OF THE SERVICE. THE SERVICE IS DISTRIBUTED 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 OR OTHERWISE, EXCEPT FOR
THOSE WARRANTIES, IF ANY, WHICH ARE IMPLIED BY, AND INCAPABLE OF EXCLUSION,
RESTRICTION OR MODIFICATION UNDER, THE LAWS APPLY TO THIS SATELLITE INTERNET
SUBSCRIBER AGREEMENT.
IN PARTICULAR, BECAUSE THE OPERATOR MAY PROVIDE ITS SATELLITE INTERNET
SUBSCRIBERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE OPERATOR,
WHICH CONTENT MAY BE ORIGINATED BY INDEPENDENT PUBLISHERS AND/OR PROVIDERS
AND WHICH CONTENT IS NOT AUGMENTED BY THE OPERATOR, THE OPERATOR CANNOT AND
DOES NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION AS ORIGINATED BY SAID
INDEPENDENT PUBLISHERS AND/OR PROVIDERS, AND THE OPERATOR SHALL NOT BE LIABLE
IN ANY MANNER WHATSOEVER FOR ANY ERRORS, OMISSIONS, OR INACCURACIES RELATING
THERETO. IF DEFECTIVE, YOU - NOT THE OPERATOR, ITS OPERATORS, DISTRIBUTORS,
AGENTS, EMPLOYEES OR ANY THIRD-PARTY CONTENT PROVIDER - ASSUME THE
CONSEQUENCES RESULTING THEREFROM.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE OPERATOR, ITS
OPERATORS, DISTRIBUTORS, AGENTS, EMPLOYEES OR ANY THIRD - PARTY CONTENT
PROVIDER, SHALL CREATE ANY WARRANTY IN OR TO THE OPERATOR SERVICE OR THE
CONTENT , 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.
12.2 LIMITATION OF LIABILITY
NEITHER THE OPERATOR NOR ANY OF ITS INFORMATION OR CONTENT PROVIDERS, SERVICE
PROVIDERS, LICENSERS, EMPLOYEES OR AGENTS SHALL BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF
USE OF THE SERVICE OF INABILITY TO USE THE SERVICE OR OUT OF ANY BREACH OF ANY
REPRESENTATION OR WARRANTY. WITHOUT IN ANY WAY LIMITING THE FOREGOING, IF FOR
ANY REASON, BY OPERATION OF LAW OR OTHERWISE, ANY PORTION OF THE FOREGOING
LIMITATION OF LIABILITY SHALL BE VOIDED, THEN IN SUCH EVENT THE MAXIMUM, SOLE,
AND EXCLUSIVE LIABILITY OF THE OPERATOR, ITS OPERATORS, DISTRIBUTORS, AGENTS,
EMPLOYEES OR THIRD PARTY CONTENT PROVIDER, IF ANY, SHALL BE LIMITED TO GENERAL
MONEY DAMAGES IN AN AMOUNT NOT TO EXCEED THE TOTAL AMOUNT ACTUALLY PAID
TO THE OPERATOR BY YOU FOR SERVICES FURNISHED UNDER SATELLITE INTERNET
SUBSCRIBER AGREEMENT AND THOSE TERMS AND CONDITIONS DURING AND FOR A PERIOD
OF TIME COMMENCING UPON THE OCCURRENCE OF SUCH ERROR, DEFECT OR FAILURE AND
EASING UPON THE DISCOVERY OF SUCH, IN WHOLE OR IN PART.
12.3 APPLICABILITY OF PROVISIONS TO CIRCUMSTANCES INVOLVING OTHERS.
SATELLITE INTERNET SUBSCRIBER EXPRESSLY ACKNOWLEDGES THAT THE PROVISIONS OF
THIS SECTION 12 SHALL ALSO APPLY TO ANY AND ALL CLAIMS RELATING TO "ACQUIRED
MATERIAL" AND ANY OTHER CONTENT AVAILABLE THROUGH THE SERVICE. SATELLITE
INTERNET SUBSCRIBER AGREES THAT IT WILL NOT IN ANY WAY HOLD THE OPERATOR
RESPONSIBLE FOR ANY SELECTION OR RETENTION OF, OR THE ACTS OR COMMISSIONS OF,
THIRD PARTIES IN CONNECTION WITH THE SERVICE (INCLUDING THOSE WITH WHOM THE
OPERATOR CONTRACTS TO OPERATE VARIOUS AREAS ON OR FEATURES OF THE SERVICE).
12.4 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 THE OPERATOR OR OTHERS WERE ADVISED OR
AWARE OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OR LIABILITY.
12.5 POSSIBLE EXCEPTIONS.
SOME COUNTRIES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MIGHT
NOT APPLY TO THAT EXTENT.
13. INDEMNITY
Satellite Internet Subscriber agrees to indemnify the OPERATOR against all claims, liability, damages,
costs and expenses, including but not limited to reasonable attorneys fees, arising out of or related to any
and all Use of Satellite Internet Subscriber’s account. This includes, without limitation, responsibility for all
such Consequences of Satellite Internet Subscribers (or that of any user of Satellite Internet Subscriber’s
account) Violation of this Satellite Internet Subscriber Agreement or placement on or over, or retrieval from
or Through, the Service of any software, file, information, communication or other content.
14. THIRD PARTY BENEFICIARIES
The provisions of Sections 12 and 13 are for the benefit of the OPERATOR and its respective contractors,
Information of content providers, service providers, licensers, employees and agents; and each shall have
the Right to assert and enforce such provision directly on its own behalf.
15. LIABILITY FOR UNAUTHORIZED USE
You agree to notify the OPERATOR immediately after you sell, give away or otherwise transfer your
OPERATOR equipment to anyone else. You are considered the registered recipient of the OPERATOR
services until we receive such notice, and you will be liable for any charges or fees incurred by the use of
the OPERATOR equipment by anyone else up to the time that we receive your notice, unless otherwise
provided by State law. You may not assign or transfer your service without our written consent. If you do,
the OPERATOR may inactivate your service. If your OPERATOR equipment is stolen or otherwise
removed from your premises without your authorization you must notify the OPERATOR Customer Care
Center immediately, or else you may be liable for payment to the OPERATOR for unauthorized use of the
OPERATOR system. You ill not be liable for unauthorized use after we have received your notification.
16. PROPRIETARY RIGHTS
Except for public domain material, all copyrightable content distributed over the OPERATOR is copyrighted
by the operator or the third-party content provider. The OPERATOR and/or such third party content
providers own all right title and interest to such content and you may not copy, distribute, transmit or
publish, in any form, including printed, electronic, digitized, audio or otherwise or modify all or any portion
of such content without the prior written consent of the copyright owner; provided, however, that you may
store one copy of he content on your personal computer for your personal use for a period not to exceed
thirty calendar days. All copyright or other proprietary rights notices contained in or associated with the
content or contained therein must be preserved in, or on, any copies made of such material. The
placement of copyrighted material in any public posting area, or software library whether of the
OPERATOR or not, without the consent of the copyright owner is in violation of this Satellite Internet
Subscriber Agreement.
Part V
GENERAL
17. LIMITS ON TRANSFERS; OTHER LIMITS
Unless otherwise agreed in writing , Satellite Internet Subscriber’s right to use the Service , or to designate
other users of its account, is not transferable and is subject to any limits established by the OPERATOR, or
by Satellite Internet Subscriber’s credit card company or other billing institution, as applicable.
18. CHOICE OF LAW
This Satellite Internet Subscriber Agreement is made in the State of _____________. This Satellite Internet
Agreement and all of the parties respective rights and duties in connection herewith shall be governed by
and construed in accordance with the laws of the State Of _________________, in the _______________,
excluding it conflicts of laws provisions. Any cause of action of Satellite Internet Subscriber, or by users of
Satellite Internet Subscriber’s account, with respect o the Service or this Satellite Internet Subscriber
Agreement must be instituted within one year after the claim or cause of action has arisen or be barred.
The United Nations Convention on Contracts for the sale of goods. Satellite Internet Subscriber agrees that
this Satellite Internet Subscriber Agreement is set forth in the English language for the mutual convenience
and benefit of the parties.
19. CONSTRUCTION AND DELEGATION
Neither the course of conduct between parties nor trade practice shall act to modify the provisions of this
Satellite Internet Subscriber Agreement. The OPERATOR may authorize or allow its contractors and other
third parties to provide to the OPERATOR and/or to Satellite Internet Subscriber services necessary or
related to making the Service available and to perform obligations and exercise rights of the OPERATOR
under this Satellite Internet Subscriber Agreement, and may collect payment on their behalf, if applicable.
The provisions of Sections 8, 9, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, and 21 and all other provisions hereof
which by their nature should continue, shall survive and termination of this Satellite Internet Subscriber
Agreement.
20. MISCELLANEOUS
Where notification by the OPERATOR is contemplated by or related to this Satellite Internet Subscriber
Agreement, notice may be made by any reasonable means, including, but not limited to, e-mail publication
over the Service. If any term of this Satellite Internet 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. If this cannot be done
and the entire term is invalid, illegal or unenforceable and cannot be so repaired, then the term shall be
considered to be stricken from this Satellite Internet Subscriber Agreement as if it had been included from
the beginning. In any such case, the balance of this Satellite Internet Subscriber Agreement shall remain in
effect in accordance with its remaining terms notwithstanding such invalid, illegal or unenforceable term.
The OPERATOR may enforce or decline to enforce any or all of the terms of this Satellite Internet
Subscriber Agreement in its sole discretion. In no event shall the OPERATOR be required to explain,
comment on, suffer liability for or forfeit any right or discretion 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 Satellite Internet Subscriber Agreement or be used to construe its
terms or meaning.
21. ASSIGNMENT OF ACCOUNT
The OPERATOR may sell, assign or transfer your account to a third party without notice to you. In the
absence of a notice of such sale or transfer, you must continue to make all required payments to the
OPERATOR in accordance with your billing statement.
22. ENTIRE AGREEMENT
This Satellite Internet Subscriber Agreement, as published over the Service, as well as the additional online
documents specifically referred to herein as being a part of this Satellite Internet Subscriber Agreement ,
constitute the entire and only agreement with respect to the subject matter hereof (collectively, the Satellite
Internet Subscriber Agreement) between the OPERATOR and Satellite Internet Subscriber, applicable also
to all users of Satellite Internet Subscriber’s account. This Satellite Internet Subscriber Agreement
superseded all representations, proposals, inducements, assurances, promises, agreements and other
communications with respect to the subject matter hereof as expressly set forth in this document. By
executing the online sign-up procedure, Satellite Internet Subscriber agrees to the terms and conditions of
this Satellite Internet Subscriber Agreement. This Satellite Internet Subscriber Agreement can be amended
only in the manner expressly provided for in this Satellite Internet Subscriber Agreement
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