|
Thank you
for choosing HughesNet!
Please read this Subscriber Agreement carefully since it contai=
ns
important contract rights and obligations between you and HughesNet, as well as important limitatio=
ns on
those rights.
Contacting
HughesNet:
You may
contact our C=
ustomer
Care Center seven (7) days =
a week
twenty four (24) hours a day through www.myHughesNet.com, by
calling 1-866-347-3292, by email at techsupport@Hughes.Net or
by writing to:
HughesNe=
t
Customer Care Center
11717 Exploration Lane
Germantown, MD 20876
SUBSCRIBER AGREEMENT ORGANIZATION
This
Subscriber Agreement is organized into five "Parts":<=
/p>
Part I --
The Service, Subscribership 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 AGREEMEN=
T
1. THE
SERVICE
The
Service consists of a satellite-based, one-way broadcast or two=
-way
broadcast/receive system Internet access Service in which HughesNet carries packets to and from the
Internet to your Personal Computer..=
2. MODIFICATIONS; RIGHTS OF CANCELLATION OR SUSPENSION
2.1
MODIFICATION OF THIS SUBSCRIBER AGREEMENT; NOTICES
Upon
notice published over the Service, we may at any time modify th=
is
Subscriber Agreement, including, without limitation, pricing and
billing terms. We may, but are not required to, notify you by
email, online via one of more of the web sites within the HughesNet Service, including myHughesNet.=
com,
or other electronic notice. In the event you do not agree to su=
ch
changes or additions, then you must cancel your subscription and
stop using the HughesNet Service pr=
ior to
the effective date of such modifications. Your continued use of=
the
HughesNet Service after the effecti=
ve
date of such modifications constitutes your acceptance of such
modifications.
2.2 MODIFICATION OF THE SERVICE.
We may
discontinue, add to or revise any or all aspects of the Service=
in
our sole discretion and without notice, including access to sup=
port
services, publications and any other products or services ancil=
lary
to the Service or membership. In particular, we specifically
reserve the right at our 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. We may, among other things, (a)
establish general practices and limits concerning use of the
Service, including without limitation, the maximum number of em=
ail
messages that may be sent from or received by an account on the
Service, the maximum size of any email message that may be sent
from or received by an account on the Service, and the maximum
number of times (and the maximum duration for which) you may ac=
cess
the Service in a given period of time; (b) have no responsibili=
ty
or liability for the deletion or failure to store any messages =
and
other communications or other content maintained or transmitted=
by the
Service; (c) take any action that we deem proper to prevent bulk
emailing from entering or leaving any email account and the net=
work
email system, (d) delete email messages if you email account has
not been accessed by you within a time established by us from t=
ime
to time, in our sole discretion, (e) quarantine suspected messa=
ges
(f) not process email or instant messages due to space limitati=
ons,
(g) modify any domain and user settings with or without notice,
including without limitation, altering settings so that spam or
bulk email is denied, rather than being quarantined, to avoid s=
pace
capacity issues which jeopardize the technical or economic
viability of the services offered, or the system used to implem=
ent
the services; (h) subject to our Statement on Privacy, make
available to third parties information relating to HughesNet or its subscribers, (i) withdraw, change, suspend or discontin=
ue any
functionality or feature of the HughesNet<=
/span>
Service, (j) delete attachments due to potentially harmful
materials included within such attachment, and (k) limit access=
to
the Service to prevent abusive consumption and ensure fair acce=
ss
for all subscribers. and (l) shall n=
ot be
liable to you or to any third party for any modification,
suspension or discontinuance of the Service which may occur for
routine maintenance, routine or extraordinary repairs, or the n=
eed
to respond to a virus or other attack on the system or using the
system. In the event that we determine to undertake any such
change, we may, but are not required to, notify you by email,
online via one of more of the web sites within the HughesNet Service, including myHughesNet.=
com,
or other electronic notice. In the event you do not agree to su=
ch
changes, then you must cancel your subscription and stop using =
the HughesNet Service prior to the effective =
date
of such changes. Your continued use of the HughesNet
Service after the effective date of such changes or additions
constitutes your acceptance of such changes.
In
addition, please note that we may automatically check the versi=
on
of HughesNet System you are running=
and
we may provide upgrades to the System that will be automatically
downloaded to your system. In addition, we may check the health=
and
status of your System to ensure that the configuration of your
computer is optimized for use with HughesN=
et.
2.3
TERMINATION BY SUBSCRIBER.
In the
event that we modify this Subscriber Agreement, the Service or
related pricing or billing terms, you may immediately terminate
your account and this Subscriber Agreement. Subject to your pay=
ment
of the cancellation charges herein described, you may also do s=
o at
any other time and for any reason or for no reason upon thirty =
(30)
days written notice. You must terminate this Agreement in
accordance with the terms and conditions specified herein; fail=
ure
to do so may delay or prevent us from knowing that a termination
was intended. In such event you will continue to be liable under
this Agreement for all fees and charges until such time as the
Agreement has been properly terminated or we have acknowledged =
such
termination in writing. In the event you cancel your subscripti=
on
to the HughesNet Service prior to t=
he
expiration of the minimum commitment period specified for your
applicable service plan, you may be subject a cancellation fee =
of
up to $700
2.4
TERMINATION OR SUSPENSION BY HughesNet.
We may
immediately terminate your account and this Subscriber Agreemen=
t in
the event of any breach of this Subscriber Agreement by you or a
user of your account. We reserve the right in our sole discreti=
on
to terminate your account and this Subscriber Agreement at any =
time
or to suspend (with or without notice) or terminate access to or
use of the Service, in whole or in part. In the event that we
either terminate or suspend your account and or this Agreement =
for
reasons other than breach of this Agreement, then we shall prov=
ide
you 30 days notice of such suspension or termination.
2.5 CONTINUATION OF OBLIGATIONS.
Notwithstanding
any cancellation or termination of this Subscriber Agreement or=
any
your account, nor any suspension or termination of access to or=
use
of the Service, you will remain responsible for any obligations
accrued to the date of such action, including payment of any
charges that may be due as a result of or in connection with su=
ch
action(s). Your payment and other obligations under this Subscr=
iber
Agreement are not suspended or affected by a suspension of acce=
ss
to or use of the Service, in whole or in part, due to a violati=
on
(actual, threatened, or alleged) of this Subscriber Agreement o=
r of
any law or legal obligation by your or any user of your account=
.
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 ri=
ght
and ability to enter into this Subscriber Agreement. You agree =
that
you are responsible for installing, establishing and setting up,
and for verifying and maintaining, the account, options, settin=
gs
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 household may share a single ID number and acco=
unt,
if authorized by you to use the account. In addition, up to five
(5) members of the same household may access the service at any
given time through the same ID number or account.
3.3
INSTALLATION OF HughesNet EQUIPMENT=
You acknowledge
and agree that we or our designated service provider may be
required to access your premises or system in order to install =
and
maintain the components necessary for you to access the HughesNet Service. This may include openi=
ng
your computer to install, repair or replace equipment or install
software on your computer at your location. By accepting this
Agreement, scheduling a service or installation visit, and
permitting us or our service provider to enter your home, you
hereby authorize us or our service provide to access your compu=
ter
for the purpose of installing, repairing or replacing the
components necessary. NEITHER WE NOR OUR SERVICE PROVIDER SHALL
HAVE ANY LIABILITY WHATSOEVER FOR ANY LOSSES RESULTING FROM
INSTALLATION, REPAIR OR OTHER SERVICES, INCLUDING WITHOUT
LIMITATION, DAMAGE TO YOUR PREMISES, LOSS OF SOFTWARE, DATA OR
OTHER INFORMATION FROM YOUR COMPUTER. This limitation does not
apply to any damages arising from the gross negligence of willf=
ul
misconduct of any installation or maintenance service provider.
Timeframes for installation, if any, are not guaranteed and may
vary depending on the types of services requested and other
factors.
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 servi=
ce,
or for software or other merchandise purchased thereon, or any
other expenses incurred in accordance with the terms of this
Subscriber Agreement. You promise to pay such amounts billed for
such service, software, or merchandise and any related fees, ta=
xes
and charges. Permitted users of your account are limited to fam=
ily
members with the your permanent resi=
dence.
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 also agree to: (a) provide us with true, accurate, current =
and
complete information about yourself; and (b) promptly update th=
is
information to keep it true, accurate, current and complete. If=
you
provide any information that is untrue, inaccurate, not current=
or
incomplete, or we have reasonable grounds to suspect this, we h=
ave
the right to suspend or terminate your account and refuse any a=
nd
all current or future use of the Service (or any portion thereo=
f).
PART II PAYMENT
4. FEES AND PAYMENT
4.1 FEES,
TAXES AND OTHER CHARGES.
You agree
to pay, in accordance with the provisions of the billing option=
you
selected, any registration, activation or monthly fees, connect
time charges, ISP service charges, minimum charges and other
amounts charged to or incurred by you, or by users of your acco=
unt,
at the rates in effect for the billing period in which those
amounts are charged or incurred. You agree to pay all applicable
taxes related to your use of the Service or the use of the Serv=
ice
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 us=
ers
of your account will be made available to the you on the HughesNet web site, and you agree that th=
is is
sufficient notice for all purposes as to charges incurred and p=
aid
or to be paid to us. We reserve the right to increase fees,
surcharges, monthly subscription fees or to institute new fees =
at
any time upon 30 days prior notice. You understand and acknowle=
dge
that you may not receive a bill in the mail for your Service.
Additional terms relating to pricing, billing and payment and w=
hich
are an integral part of this Subscriber Agreement are set forth=
and
available on the HughesNet web site=
4.2 PAYMENT
Except
where additional methods of payment are specifically required or
permitted under applicable law or regulation or as otherwise ag=
reed
to by ourselves from time to time, you agree that you will prov=
ide
a major credit or charge card (i.e., MasterCard, Visa, American
Express or Discover) that we may charge for all Service fees or
other amounts payable under this Agreement. Additionally, you a=
gree
that we may pre-charge your monthly Service fee to the credit or
charge card supplied by you during activation or subscription. =
With
respect to such charges the following authorization applies: You
authorize automatic credit or charge card billing by ourselves. You agree that the charges desc=
ribed
above will be billed to the credit or charge card that you have
provided when you applied for the Service. YOU MUST PROVIDE
CURRENT, COMPLETE, AND ACCURATE INFORMATION FOR YOUR BILLING
ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION IN ORDER TO K=
EEP
YOUR ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN
BILLING ADDRESS, CREDIT CARD NUMBER OR CREDIT CARD EXPIRATION
DATE). CHANGES TO SUCH INFORMATION CAN BE MADE AT myHughesNet.c=
om.
IF YOU FAIL TO PROVIDE US WITH ANY OF THE FOREGOING INFORMATION,
YOU AGREE THAT W MAY CONTINUE CHARGING YOU FOR ANY SERVICE PROV=
IDED
UNDER YOUR ACCOUNT. You agree that all charges are considered v=
alid
unless disputed in writing within fifteen (15) days of the date=
you
receive your credit or charge card bill. You agree that we will=
not
be responsible for any expenses that you may incur resulting fr=
om
overdrawing my bank account or exceeding my credit limit as a
result of an automatic charge made under this Subscriber Agreem=
ent.
Credit card payment is not required for residents of states whe=
re
payment by credit cards may not be made mandatory. If you think=
a
charge is incorrect or you need more information, you should
contact our billing department. You must contact us within 60 d=
ays
of receiving the statement on which the error or problem appear=
ed.
We 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 your paym=
ent
is not received by us before the next statement is issued, 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 basi=
s.
Furthermore, if we do not receive payment from you before your =
next
statement is issued, we have the right to suspend or cancel your
subscription to the Service without notice. We may, but are not
required to, accept partial payments from you. If partial payme=
nts
are made, they will be applied to statements starting with the
oldest outstanding statement. If you send us checks or money or=
ders
marked "payment in full" or otherwise labeled with
restrictive endorsements, we can, but are not required to, acce=
pt
them, without losing any of our rights to collect all amounts o=
wed
by you under this Agreement. In the case of late payment or
non-payment for any of the HughesNet
Services ordered by you or any of the charges stated herein, you
understand and agree that we may report such late payment or
non-payment to the appropriate credit reporting agencies. If we
choose to use any collection agency or attorney to collect money
that you owe us or to assert any other right which we may have
against you, you agree to pay the reasonable costs of collectio=
n 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.
4.3
COMMENCEMENT AND DURATION OF SUBSCRIBERSHIP FEES.
You
acknowledge that (subject to any exceptions granted by us) a
monthly subscribership fee will app=
ly for
each and every month (or portion thereof) that you are a
Subscriber. Your account will continue until you cancel the acc=
ount
in accordance with the method or methods specified by us (unless
otherwise terminated in accordance with this Subscriber Agreeme=
nt).
As stated above, you may cancel your account at any time, subje=
ct
to payment of the cancellation fee, if applicable. The monthly
subscription fee shall cease to apply for any months after the =
billing
month in which you cancel or terminate your account in accordan=
ce
with the terms and conditions stated herein.
4.4 REACTIVATION
If your
service is inactivated because you did not submit payment on ti=
me
or for any other reason, in addition to payment of past due
amounts, we may require a deposit before reactivating your HughesNet Service, which shall not exceed=
one
(1) year subscription fees. Amounts deposited by you will appea=
r on
your statement as a credit, and service charges and other fees =
will
be invoiced as set forth above. Any unpaid amounts will be dedu=
cted
each billing cycle from the credit amount. Credit amounts shall=
not
earn or accrue interest. If your HughesNet=
service is inactivated for any reason, including at your reques=
t 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 our then current rates. In addition you must br=
ing
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 fully compatible terminal equipment, and
communication devices required to access the Service. You are r=
esponsible
for all telephone charges incurred in connection with using the
Service. YOU ACKNOWLEDGE THAT CERTAIN SUBSCRIBER EQUIPMENT MAY =
HAVE
BEEN ACQUIRED BY YOU SEPARATE AND APART FROM THIS SUBSCRIBER
AGREEMENT. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING SUCH
SUBSCRIBER EQUIPMENT. WE MAKE NO REPRESENTATION OR WARRANTIES
PURSUANT TO THIS SUBSCRIBER AGREEMENT, EITHER EXPRESS OR IMPLIE=
D,
REGARDING SUCH SUBSCRIBER EQUIPMENT -- ALTHOUGH YOU MAY HAVE
LIMITED WARRANTIES UNDER A SEPARATE PURCHASE AGREEMENT.
4.6 CORPORATE BUSINESS AND EDUCATIONAL ACCOUNTS.
If your
account is a qualified business or educational account and appr=
oved
by us for corporate or educational billing, charges for the
services provided under this Subscriber Agreement will be
accumulated and identified by Subscriber ID number and will
normally be invoiced following the end of the month in which the
service is provided. Terms of payment on all charges are net, t=
en
(10) days in U.S. dollars. If any payment due hereunder is not =
made
by you within thirty (30) days after the invoice date, late cha=
rges
of one and one-half percent (1 1/2%) per month shall be due and
payable with respect to such payment, and we may, in addition, =
at
its sole discretion and without notice to you, (a) suspend our
performance under this Subscriber Agreement and you and your
designated users' access to and use of the Service, or (b)
terminate this Subscriber Agreement and your and your designated
users' access to and use of the Service. Notwithstanding any
acknowledgment of a purchase order, any provision or condition =
in
any purchase order, voucher, or other memorandum from you which=
is
in any way inconsistent with, or adds to, the provisions of this
Subscriber Agreement is null and void.
PART III PERMITTED USE AND RESTRICTIONS ON USE
5. SOFTWARE LICENSE
Subject
to the terms of this Subscriber Agreement, we grant to you a
personal, non-exclusive, non-assignable and nontransferable lic=
ense
to use and display the software provided by or on behalf of
ourselves only for purposes of accessing the Service
("Software") on any machine(s) on which you are the
primary user or which you authorize for use. Unauthorized copyi=
ng
of the Software, including software that has been modified, mer=
ged
or included with the Software, or the written materials associa=
ted
therewith is expressly forbidden. You may not sublicense, assig=
n or
transfer this license or the Software except as permitted by
ourselves. Any attempt to sublicense, assign or transfer any of=
the
rights, duties or obligations under this license is void. You a=
gree
that you shall not copy or duplicate or permit anyone else to c=
opy
or duplicate, any part of the Software, or create or attempt to
create, or permit others to create or attempt to create, by rev=
erse
engineering or otherwise, the source programs or any part there=
of
from the object programs or from other information made availab=
le
under this Subscriber Agreement.
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, improp=
er
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 libelous,
defamatory, invasive of another person’s privacy, 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) hurts minors in any way;=
(d)
forge headers or otherwise manipulate identifiers in order to
disguise the origin of any content transmitted through the Serv=
ice;
(e) intentionally or unintentionally violate any applicable loc=
al,
provincial, state, national or international law, including, but
not limited to, rules, orders and regulations having the force =
of
law; (f) 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 resu=
lts
in corruption or loss of data; (g) 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 distribu=
ted
denial of service attacks; (h) to transmit unsolicited volumino=
us
emails (for example, spamming) or to intercept, interfere with =
or
redirect email intended for third parties using the Service; (<=
span
class=3DSpellE>i) to introduce viruses, worms, harmful c=
ode
and/or Trojan horses on the Internet; (j) to post information on
newsgroups which is not in the topic area of the newsgroup; (k)=
to
interfere with another person's usage or enjoyment of the Inter=
net
or this Service; (l) 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; (m) to damage the name or reputation of HughesNet, DIRECTV, HUGHES, or any of the=
ir
respective parents, affiliates and subsidiaries, or any third
parties; (n) to transmit confidential or proprietary informatio=
n,
except solely at your own risk; (o) to violate our or any third
party's copyright, trademark, proprietary or other intellectual
property rights, including trade secret rights; (p) to generate
excessive amounts (as determined in our sole discretion) of
Internet traffic, or to disrupt net user groups or email use by
others; (q) to engage in activities designed to or having the
effect of degrading or denying Service to =
HughesNet
users or others (including activities that compromise a server,
router, circuit or software; (r) to use any name or mark of HughesNet, DIRECTV, HUGHES, or their resp=
ective
parents, affiliates or subsidiaries, as a hypertext link to any=
Web
site or in any advertising publicity or other commercial manner;
(s) to use your HughesNet account f=
or the
purpose of operating a server of any type; (t) to use the Servi=
ce
or the Internet in a manner intended to threaten, harass, or
intimidate others; (u) 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; (v) to use the Service to disrupt the normal flow of
online dialogue, (w) to use the Service to violate any operating
rule, policy or guideline of any other online services provider=
or
interactive service; (x) to attempt to subvert or to aid third
parties to subvert, the security of any computer facility or sy=
stem
connected to the Internet; (y) to impersonate any person or usi=
ng a
false name while using the Service; (z) 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;=
(aa) to make false or unverified complaints
against any HughesNet subscriber, or
otherwise abusing any of our complaint response procedures; (bb=
) to
export software or any information in violation of US export la=
ws;
or (cc) to use the Service in contravention of the limitations =
of
the pricing plan you have chosen.
6.2 HughesNet FAIR ACCESS POLICY
To ensure
equal Internet access for all subscribers, we maintain a running
average fair access policy. Fair access establishes an equitable
balance in Internet access across the Hugh=
esNet
Services by service plan for all HughesNet=
customers regardless of their frequency of use or volume of
traffic. To ensure this equity, you may experience some tempora=
ry
throughput limitations. HughesNet
Internet access is not guaranteed. This policy applies to all
service plans including "Unlimited" plans where
customers' use of the service is not limited to a specific numb=
er
of hours per month.
6.3 ILLEGAL OR COMPETITIVE PURPOSES.
You agree
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 activit=
y,
which is prohibited by or would violate any applicable law, rul=
e,
regulation or legal obligation.
6.4 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
Subscriber Agreement.
OTHER OBLIGATIONS RELATING TO CONTENT
You agree
we do not, and we shall not without cause, pre-screen content
transmitted by you over the Service, but we shall have the right
(but not the obligation) in our sole discretion to refuse or mo=
ve
any such content that is available via the Service, including
without limitation any content that violates the terms of this
Agreement or is otherwise objectionable. You agree to evaluate,=
and
bear all risks associated with, the use of any content, includi=
ng
any reliance on the accuracy, completeness, or usefulness of su=
ch
content, and acknowledge that you may not rely on any content
created by, or submitted to, ourselves.
You agree
we may preserve and disclose content if required to do so by la=
w or
in the good faith belief that such preservation or disclosure is
reasonably necessary to: (a) comply with legal process; (b) enf=
orce
the terms of this Agreement; (c) respond to claims that any con=
tent
violates the rights of third-parties; or (d) protect the rights,
property, or personal safety of HUGHES, its users and the publi=
c.
PART IV GRANT OF IMPORTANT RIGHTS BY YOU TO US, AND IMPORTANT
DISCLAIMERS, ACKNOWLEDGMENTS AND OBLIGATIONS
7. COPYRIGHT AND LICENSES
7.1
RESERVATION OF RIGHTS.
We
reserve all copyrights and other rights in and to any content
available through the Service which is identified as, claimed b=
y us
as, or known by you to be, proprietary to us (or our licensors).
The content on the Service is protected under applicable copyri=
ght
law, 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 ourselves.
8. NO ENDORSEMENT
We do 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
DIRECTV, HUGHES or any of the subsidiaries or affiliates. We do=
not
recommend that such content be relied on for reaching important
decisions or conclusions without appropriate verification and, =
as appropriate,
professional advice.
9. INTERNET
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 ADU=
LTS.
YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR ANY SUCH CONTEN=
T OR
MATERIAL AND AGREES THAT ACCESS TO SAME THROUGH USE OF THE SERV=
ICE
IS AT YOUR SOLE RISK. The reliability, availability, legality, =
performance
and other aspects of resources accessed through the Internet are
beyond our reasonable control and are not in any way warranted =
or
supported by ourselves or our third party contractors. You
acknowledge 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. You confirm that you assume all risk and
liability of any use of the Internet through your account, incl=
uding
your continuous compliance with the Subscriber Agreement.
10. USE AND CONTROL OF INFORMATION; MEMBER COMMUNICATION; ADS
We may,
without obligation, liability or notice, except to the extent
prohibited by applicable law, distribute, loan, sell or otherwi=
se
share with other persons or entities user lists as well as
aggregate information. Aggregate information includes informati=
on
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 our use of other information not addressed in
this Section 10. We will be free, in our reasonable good faith
discretion and without notice, to provide Subscriber and user
information and records to the courts, law enforcement agencies=
, or
others involved in prosecuting claims or investigations for con=
duct
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 genera=
ted
by or in connection with our administration of the Service shal=
l be
and remain our exclusive property. We may also from time to time
provide online, telefax, telephone,
email, mail and other communications to our Subscribers and use=
rs
on matters pertaining to the Service, its features, its sponsor=
s or
its use without compensation to them or reimbursement of costs =
for
doing so, but shall do so reasonably and in good faith. You
acknowledge that communications with us, our representatives and
our contractors may be monitored or reviewed for quality control
and other reasonable business purposes. You also acknowledge th=
at
advertising and promotion may occur on the Service and also that
neither you nor any user shall in any event have any claim with
respect to any proceeds from such activities.
11.
LIMITED WARRANTY ON EQUIPMENT
We
warrant to the original buyer that under normal use and wear the
Equipment, which includes the Indoor Unit (satellite modem), Po=
wer
Supply, and Outdoor Unit (Antenna & Radio Assembly), will be
free from defects in material and workmanship for a standard
limited warranty term of 15 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 materia=
ls
or workmanship during the warranty period set forth above, we s=
hall
at our option and expense, perform one of the following:
a) Repair
or replace the defective Equipment within thirty (30) days of t=
he
date the defective Equipment was returned to our designated add=
ress
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.
b) If repair or replacement is not commercially practicable, re=
turn
the original price paid by you for the defective Equipment. If
service to the Outdoor Unit is required, we will, at our expens=
e,
repair or replace it pursuant to the limited warranty. Recondit=
ioned
replacement components, parts, units or materials may be used if
the Equipment is repaired or replaced.
c) 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 req=
uest
Limited Warranty service you must contact HUGHES Customer Servi=
ce,
toll-free, at 1-866-347-3292 within the Limited Warranty period=
.
This
Limited Warranty will be void in its entirety if the Equipment =
is
serviced by anyone other than HUGHES or a HUGHES =
Authorized
Service Center. HUGHES neither
assumes nor authorizes any Authorized Service
Center =
or any
other person or entity to assume any other obligation or liabil=
ity
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 a Hughes
Authorized Service Technician
- Failure
to follow instructions
- Fire,
flood, wind, lightning, earth-quake 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 manufacture=
d or
provided by HUGHES
This
Limited Warranty does not cover items in the following categori=
es:
- software
provided by any party other than HUGHES
- external
devices not manufactured or provided by HUGHES
- any
payments for labor or service to representatives or service
centers not authorized by HUGHES
EXCEPT AS
SPECIFICALLY PROVIDED ABOVE, THE EQUIPMENT IS PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIE=
D,
INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER,
HUGHES 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. HUGHES MAKES NO REPRESENTATION OR
WARRANTY REGARDING THE INSTALLATION OF THE HARDWARE.
No oral
or written information or advice given by HUGHES, 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 HUGHES under this Limited Warranty
shall terminate upon expiration of the applicable warranty peri=
od
provided herein. To review your Equipment warranty period, visi=
t http://legal.HughesNet.com/warranty_table.ht=
ml.
This Limited Warranty sets forth the entire responsibility of
HUGHES with respect to the Equipment. HUGHES shall have no furt=
her
liability to you or to any third party arising from the sale of=
the
products whether based on warranty, contract, negligence or oth=
er
theories of liability. HUGHES SHALL HAVE NO LIABILITY FOR ANY
INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY
NATURE ARISING OUT OF HUGHES' 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 HUGHES' liabil=
ity
exceed the amount paid by you for the effective Hardware.
*Reference
the web-based product warranty information here for your specific
hardware and service plan to determine if other terms apply. So=
me
warranty periods may be longer or shorter depending on your
Equipment type.
12. DISCLAIMER OF WARRANTIES ON THE SERVICE AND EXCLUSION OF
LIABILITY
12.1
DISCLAIMER OF WARRANTIES, LIABILITY AND RESPONSIBILITY.
YOU
EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK.
NEITHER WE NOR ANY OF OUR INFORMATION OR CONTENT PROVIDERS, SER=
VICE
PROVIDERS, LICENSORS, EMPLOYEES OR AGENTS WARRANT THAT THE SERV=
ICE
WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE OR ANY OF OUR
INFORMATION OR CONTENT PROVIDERS, SERVICE PROVIDERS, LICENSORS,
EMPLOYEES OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE
OBTAINED FROM USE OF THE SERVICE, INCLUDING ANY MINIMUM UPLOAD =
OR
DOWNLOAD SPEEDS. THE SERVICE IS DISTRIBUTED ON AN "AS IS&q=
uot;
AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KI=
ND,
EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANT=
IES
OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FO=
R A
PARTICULAR PURPOSE OR OTHERWISE, EXCEPT FOR THOSE WARRANTIES, IF
ANY, WHICH ARE IMPLIED BY, AND INCAPABLE OF EXCLUSION, RESTRICT=
ION
OR MODIFICATION UNDER, THE LAWS APPLICABLE TO THIS SUBSCRIBER
AGREEMENT. WE EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY
THAT THE HughesNet SERVICE WILL BE =
ERROR
FREE, SECURE OR UNINTERRUPTED OR OPERATE AT ANY MINIMUM SPEED. =
NO
ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY OURESELVES, OUR
EMPLOYEES, DEALERS, AND LICENSORS OR THE LIKE SHALL CREATE A
WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.=
IN
ADDITION, WE FURTHER DISCLAIM ANY LIABILITY OR RESPONSIBILITY F=
OR
THE TIMELINESS, DELETION, MIS-DELIVERY, NON-DELIVERY OR FAILURE=
TO
STORE OR ACCURATELY STORE, ANY E-MAIL OR OTHER COMMUNICATIONS,
ADDRESSES OR PERSONALIZATION SETTINGS.
IN
PARTICULAR, BECAUSE WE MAY PROVIDE ITS SUBSCRIBERS WITH ELECTRO=
NIC
ACCESS TO THE CONTENT AVAILABLE ON THE SERVICE, WHICH CONTENT M=
AY
BE ORIGINATED BY INDEPENDENT PUBLISHERS AND/OR PROVIDERS AND WH=
ICH
CONTENT IS NOT AUGMENTED BY OURSELVES, WE CANNOT AND DO NOT WAR=
RANT
THE ACCURACY OF ANY OF THE INFORMATION AS ORIGINATED BY SAID
INDEPENDENT PUBLISHERS AND/OR PROVIDERS, AND WE SHALL NOT BE LI=
ABLE
IN ANY MANNER WHATSOEVER FOR ANY ERRORS, OMISSIONS, OR INACCURA=
CIES
RELATING THERETO. IF DEFECTIVE, YOU - NOT OURSELVES, OUR DEALER=
S,
DISTRIBUTORS, AGENTS, EMPLOYEES OR ANY THIRD-PARTY CONTENT PROV=
IDER
- ASSUME THE CONSEQUENCES RESULTING THEREFROM.
NO ORAL
OR WRITTEN INFORMATION OR ADVICE GIVEN BY OURSELVES, OUR DEALER=
S,
DISTRIBUTORS, AGENTS, EMPLOYEES OR ANY THIRD-PARTY CONTENT
PROVIDER, SHALL CREATE ANY WARRANTY IN OR TO THE HughesNet 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 FR=
OM
STATE TO STATE.
12.2 LIMITATION OF LIABILITY.
TO THE
MAXIMUM EXTENT PERMITTED BY LAW, NEITHER WE NOR ANY OF OUR
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 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 OUR MAXIMUM, SOLE, AND
EXCLUSIVE LIABILITY, OUR DEALERS, DISTRIBUTORS, AGENTS, EMPLOYE=
ES
OR THIRD PARTY CONTENT PROVIDER, IF ANY, SHALL BE LIMITED TO
GENERAL MONEY DAMAGES IN AN AMOUNT NOT TO EXCEED THE TOTAL AMOU=
NT
ACTUALLY PAID TO OURSELVES BY YOU FOR SERVICES FURNISHED UNDER =
THIS
SUBSCRIBER AGREEMENT DURING AND FOR A PERIOD OF TIME COMMENCING
UPON THE OCCURRENCE OF SUCH ERROR, DEFECT OR FAILURE AND CEASING
UPON THE DISCOVERY OF SUCH, IN WHOLE OR IN PART; PROVIDED, HOWE=
VER,
THAT IN NO EVENT SHALL SUCH PERIOD OF TIME EXCEED THE TWELVE (1=
2)
MONTH PERIOD IMMEDIATELY PRECEDING THE DATE WHICH SUCH ERROR,
DEFECT OR FAILURE IS FIRST DISCOVERED IN WHOLE OR IN PART.
12.3 APPLICABILITY OF PROVISIONS TO CIRCUMSTANCES INVOLVING OTH=
ERS.
YOU
EXPRESSLY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION 11 SH=
ALL
ALSO APPLY TO ANY AND ALL CLAIMS RELATING TO "ACQUIRED
MATERIAL" AND ANY OTHER CONTENT AVAILABLE THROUGH THE SERV=
ICE.
YOU AGREE THAT YOU WILL NOT IN ANY WAY HOLD US RESPONSIBLE FOR =
ANY
SELECTION OR RETENTION OF, OR THE ACTS OR OMISSIONS OF, THIRD
PARTIES IN CONNECTION WITH THE SERVICE (INCLUDING THOSE WITH WH=
OM
WE CONTRACT TO OPERATE VARIOUS AREAS ON OR FEATURES OF THE
SERVICE).
12.4 FULL APPLICABILITY.
THE
FOREGOING EXCLUSIONS OR LIMITATIONS OF LIABILITY APPLY REGARDLE=
SS
OF ANY ALLEGATION OR FINDING THAT A REMEDY FAILED OF ITS ESSENT=
IAL
PURPOSE, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY
(INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) AND EVEN IF WE OR
OTHERS WERE ADVISED OR AWARE OF THE POSSIBILITY OR LIKELIHOOD OF
SUCH DAMAGES OR LIABILITY.
12.5 POSSIBLE EXCEPTIONS.
SOME
STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATIO=
N OF
CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MIGHT N=
OT
APPLY TO THAT EXTENT.
13. INDEMNITY
You agree
to indemnify us against all claims, liability, damages, costs a=
nd
expenses, including but not limited to reasonable attorneys fee=
s,
arising out of or related to any and all use of your account,
including any content transmitted over the Service, your use of=
the
Service, your violation of this Agreement, and your violation of
any rights of any other person. This includes, without limitati=
on,
responsibility for all such consequences of your (or that of any
user of your account) violation of this 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 11, 12 and 13 are for the benefit of us =
and
our respective contractors, information or content providers,
service providers, licensors, employees and agents; and each sh=
all
have the right to assert and enforce such provisions directly on
its own behalf.
15. LIABILITY FOR UNAUTHORIZED USE
You agree
to notify us immediately after you sell, give away or otherwise
transfer your HughesNet equipment to
anyone else. You are considered the registered recipient of the=
HughesNet services until we receive such
notice, and you will be liable for any charges or fees incurred=
by
the use of your HughesNet 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, we may
inactivate your service. If your HughesNet=
equipment is stolen or otherwise removed from your premises wit=
hout
your authorization you must notify HughesNet Customer Care
Center
immediately, or else you may be liable for payment for unauthor=
ized
use of your HughesNet system. You w=
ill
not be liable for unauthorized use after we have received your
notification.
16. PROPRIETARY RIGHTS
Except
for public domain material, all copyrightable content distribut=
ed
over the HughesNet Service is copyr=
ighted
by ourselves or the third-party cont=
ent
provider. We 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
the content on your personal computer for your personal use for=
a
period not to exceed thirty calendar days. All copyright or oth=
er
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 mate=
rial
in any public posting area, or any software library, without the
consent of the copyright owner is in violation of this Subscrib=
er
Agreement.
PART V GENERAL
17.
LIMITS ON TRANSFERS; OTHER LIMITS
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 ourselves, or by your cred=
it
card company or other billing institution, as applicable.
18. CHOICE OF LAW
This
Subscriber Agreement is made in the State of Maryland. This Subscriber
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 Maryland, in the United
States, excluding it 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 Washington, D.C. The arbitrator will b=
e an
expert in the field of Internet services. The arbitrator’s
award shall be final and binding and judgment on the award rend=
ered
by the arbitrator may be entered in any court having jurisdicti=
on
thereof. There shall be no class action arbitration pursuant to
this agreement. Any cause of action brought by you, or by users=
of
your account, with respect to the Service or this Subscriber
Agreement must be instituted within one year after the claim or=
cause
of action has arisen or be barred. T=
he
United Nations Convention on Contracts for the International Sa=
le
of Goods does not apply to this Subscriber Agreement and it is
acknowledged that this is a services contract and not a contract
for the sale of goods. You agree that this Subscriber 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.
19.
CONSTRUCTION AND DELEGATION
Neither
the course of conduct between parties nor trade practice shall =
act
to modify the provisions of this Subscriber Agreement. We may
authorize or allow our contractors and other third parties to
provide to services necessary or related to making the Service
available and to perform obligations and exercise our rights un=
der
this Subscriber Agreement, and we 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 Subscriber Agreement.
20. MISCELLANEOUS
Where
notification by ourselves is contemp=
lated
by or related to this Subscriber Agreement, notice may be made =
by
any reasonable means, including, but not limited to, email or
publication over the Service. If any term of this Subscriber
Agreement is found by a court of competent jurisdiction to be
invalid, illegal or unenforceable, it shall be construed in suc=
h a
way as to eliminate the offending aspects while still giving as=
much
effect as possible to the intentions of such term. If this cann=
ot
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 Subscriber Agreement as if it had not been
included from the beginning. In any such case, the balance of t=
his
Subscriber Agreement shall remain in effect in accordance with =
its
remaining terms notwithstanding such invalid, illegal or
unenforceable term. We may enforce or decline to enforce any or=
all
of the terms of this Subscriber Agreement in our sole discretio=
n.
In no event shall we 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 t=
hese
terms. Captions used in this document are for convenience only =
and
shall not be considered a part of this Subscriber Agreement or =
be
used to construe its terms or meaning.
21. ASSIGNMENT OF ACCOUNT
We 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 trans=
fer,
you must continue to make all required payments to us in accord=
ance
with your billing statement.
22. ENTIRE AGREEMENT
This
Subscriber Agreement, as published over the Service, as well as=
the
additional online documents specifically referred to herein as
being a part of this Subscriber Agreement, constitute the entire
and only agreement with respect to the subject matter hereof
(collectively, the Subscriber Agreement) between you and oursel=
ves,
applicable also to all users of your account. This Subscriber
Agreement supersedes all representations, proposals, inducement=
s,
assurances, promises, agreements and other communications with
respect to the subject matter hereof except=
as expressly set forth in this document. By executing the online
sign-up procedure or any other procedure
we have establish to activate your HughesN=
et
account, you agree to the terms and conditions of this Subscrib=
er
Agreement. This Subscriber Agreement can be amended only in the
manner expressly provided for in this Subscriber Agreement.
[END OF
AGREEMENT]
Revised 2/1=
7/06
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