Mobil Satellite Technologies SkyEdge Terms & Conditions

READ THIS AGREEMENT CAREFULLY BEFORE USING THE MOBIL SATELLITE TECHNOLOGIES SKY EDGE SERVICE.

1. AGREEMENT

This is an agreement between Mobil Satellite Technologies and you for us to provide Mobil Satellite Technologies SkyEdge 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 Mobil Satellite Technologies Internet Service Agreement used to order your SkyEdge 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 90 day prior to the expiration of the previous 12 month term. Mobil Satellite Technologies reserves the right to change the price of the Service at any time after the initial term upon 30 days notice. Prices for other Mobil Satellite Technologies services may change at any time upon 30 days notice and will be posted on the Mobil Satellite Technologies website at: www.Mobilsat.com. Current rates may also be obtained by calling 1-757-312-8300.

3. THE SERVICE

The Service does include one Static IP address. The Service speed can vary depending on location, storm activity, Internet traffic, and other factors beyond the control of Mobil Satellite Technologies. Mobil Satellite Technologies provides the Service on a "best effort" standard and does not guarantee upload or download speeds.

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. Use of these applications may result in additional charges or reduction of throughput levels. The service is not intended to be used to run constant bandwidth usage.

4. CANCELLATION
If you need to cancel your Mobil Satellite Technologies SkyEdge Service after the expiration of your current 12 month term, you may send a written request to Mobil Satellite Technologies 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 90 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. Mobil Satellite Technologies may terminate this Agreement, your account, or your use of the Services for any reason, including, without limitation, if Mobil Satellite Technologies, 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. Mobil Satellite Technologies 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 Mobil Satellite Technologies 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 Mobil Satellite Technologies' sole discretion; however charges will continue to accrue until the account is canceled. Mobil Satellite Technologies 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 Mobil Satellite Technologies 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 Mobil Satellite Technologies' sole discretion; however charges will continue to accrue until the account is canceled. Mobil Satellite Technologies may bill an additional charge to reinstate a suspended account.

Mobil Satellite Technologies may charge you for taxes and other applicable fees as required by law. Mobil Satellite Technologies 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 Mobil Satellite Technologies' 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. Mobil Satellite Technologies is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by Mobil Satellite Technologies. Unless Payment is made annually in advance by check, you agree to maintain valid and current credit card information on file with Mobil Satellite Technologies 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 Mobil Satellite Technologies immediately upon discovering any unauthorized use of your account.

Mobil Satellite Technologies technical support may be limited to Mobil Satellite Technologies-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. Mobil Satellite Technologies 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 Mobil Satellite Technologies. 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.mobilsat.com/standard-installation.htm.

MOBIL SATELLITE TECHNOLOGIES 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, MOBIL SATELLITE TECHNOLOGIES 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.

Mobil Satellite Technologies 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, Mobil Satellite Technologies may cancel the installation process and refund any money that you have paid. Mobil Satellite Technologies will notify you of its intent to cancel as soon as reasonably possible. Mobil Satellite Technologies 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
Mobil Satellite Technologies has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if Mobil Satellite Technologies, 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 MOBIL SATELLITE TECHNOLOGIES TO YOU AT NO ADDITIONAL CHARGE. MOBIL SATELLITE TECHNOLOGIES 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, MOBIL SATELLITE TECHNOLOGIES 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 MOBIL SATELLITE TECHNOLOGIES'S CONTROL, USE CONTRARY TO SPECIFICATIONS OR INSTRUCTIONS, OR REPAIR OR MODIFICATION BY ANYONE OTHER THAN MOBIL SATELLITE TECHNOLOGIES OR ITS CONTRACTOR. MOBIL SATELLITE TECHNOLOGIES WILL NOT BE RESPONSIBLE FOR ANY EQUIPMENT DAMAGED BY ANY NATURALLY OCCURRING EVENT SUCH AS LIGHTNING, FLOOD, OR EARTHQUAKE OR OTHER EVENTS OUT OF MOBIL SATELLITE TECHNOLOGIES'S CONTROL SUCH AS FIRE, POWER SURGES, OR THE ACTS OF OTHERS.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MOBIL SATELLITE TECHNOLOGIES DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS. MOBIL SATELLITE TECHNOLOGIES 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 MOBIL SATELLITE TECHNOLOGIES OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY MOBIL SATELLITE TECHNOLOGIES OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. MOBIL SATELLITE TECHNOLOGIES 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, MOBIL SATELLITE TECHNOLOGIES'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.
MOBIL SATELLITE TECHNOLOGIES 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 MOBIL SATELLITE TECHNOLOGIES, ITS OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES WHICH, BUT FOR THIS PROVISION,WOULD GIVE RISE TO THE CAUSE OF ACTION AGAINST MOBIL SATELLITE TECHNOLOGIES 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 Mobil Satellite Technologies' other Agreements and policies posted on Mobil Satellite Technologies' Web site constitute the entire agreement between you and Mobil Satellite Technologies with respect to your use of the Service. Mobil Satellite Technologies 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 Mobil Satellite Technologies' Web site (www.Mobilsat.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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