Satellite Technologies Enterprise ISP Subscriber Agreement
READ THIS AGREEMENT CAREFULLY BEFORE USING THE
MOBIL SATELLITE TECHNOLOGIES ENTERPRISE ISP SERVICE.
This is an agreement between Mobil Satellite
Technologies and you to provide Mobil Satellite Technologies Enterprise
ISP Service ("the Service"). By establishing an account,
using the Service or equipment, you agree to be bound by this Agreement
and to use the Service in compliance with the Mobil Satellite Technologies
Internet Service Agreement used to order your Mobilsat ISP service.
The initial term of this agreement begins on
your account billing start date and continues for the initial term indicated on the service order paperwork.
Your account billing start date is the date your service is activated. At the conclusion of each term, this Agreement will renew for an additional term of the same duration unless cancelled in writing 30 day prior to the expiration of the previous 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 includes one Private static IP address.
Public IP Addresses are available for an extra charge. The Service speed can vary depending on Internet traffic, enviornmental, 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, except as guaranteed by the subscriber's
additional purchase of additional bandwidth Commited Information
Rate (CIR), or by subscribers purchase of dedicated 1:1 satellite bandwidth.
The service is designed to provide access to the public internet,
primarily for web browsing and email. Certain applications like
VoIP, videoconferencing, and streaming media are designed to use
a constant amount of bandwidth, and as a result consume more network
resources than normal Internet access. By purchasing a minimum CIR
(Committed Information Rate) in addition to the standard bandwidth,
you will insure the highest quality when using these applications.
Use of these applications without CIR is a violation of the Terms
of Service, and will result in additional charges or reduction of
throughput levels. The service is not intended to be used to run
constant bandwidth usage without purchasing CIR.
If you need to cancel your Mobil Satellite Technologies Enterprise
ISP Service after the expiration of your current term,
you may send a written request to Mobil Satellite Technologies
Customer Service by fax to (757) 282-7702 30 days in advance of the anniversary date. To process
your cancellation request, we require that you provide the following:
(1) Written request submitted on company letterhead (if a business) by your billing
contact , (2) Your customer name as it appeared on your Order Form,
(3) Current phone number, (4) Reason for canceling service, and
(5) minimum notice of cancellation of 30
before the intended cancellation date.
Cancellation, downgrading or changing the Service before the end of the initial term of the agreement 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 term. After the completion
of the current term, if cancelled in writing in accordance
with the above portion of Section Four, cancellation will be effective
at the end of the billing cycle following the billing cycle during
which the notice of cancellation is received and processed, providing
that any applicable cancellation fees have been paid by Customer.
can not be accepted and processed, and the service may not be canceled
until any applicable cancellation fee has been paid. Mobil Satellite
Technologies may suspend or terminate this Agreement, your account, or your
use of the Services
if Mobil Satellite Technologies in it's sole judgement believes
you have violated the Agreement, 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.
4.1 TERMINATION OR SUSPENSION BY MOBILSAT.
We may immediately terminate your account and this Subscriber Agreement in the event of any breach of this Subscriber Agreement by you or any user of your account. In the event that we either terminate or suspend your account and or this Agreement for reasons other than breach of this Agreement we shall provide you 30 days notice of such suspension or termination.
4.2 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 such action(s). Your payment and other obligations under this 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 Subscriber Agreement or of any law or legal obligation by your or any user of your account.
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
All Equipment and setup charges are paid in advance. Purchase Orders
can only be accepted from Government Agencies and commerc ial custiomers who have been pre-approved by our Credit Department.
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 USPS 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 per this agreement . Mobil
Satellite Technologies may at it's discretion 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.
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' 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 for a bank account(s) that is satisfactorily maintained to allow debit of the charges when due.
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
8 PROHIBITED CONDUCT.
Customers are responsible for maintaining their networks and PCs, and to keep them free of viruses, malware, and trojan software. Customer sites may be disabled if viruses are detected as being broadcasted or originating from a customer’s modem. This is done in order to prevent the spread of viruses across the satellite network and affecting other customers.
You agree not to use the Service as follows: (a) for any unlawful, improper 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 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) 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 results in corruption or loss of data; (d) 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 distributed denial of service attacks; (e) to transmit unsolicited voluminous emails (for example, spamming) or to intercept, interfere with or redirect email intended for third parties using the Service; (f) to introduce viruses, worms, harmful code and/or Trojan horses on the Internet; (g) to post information on newsgroups which is not in the topic area of the newsgroup; (h) to interfere with another person's usage or enjoyment of the Internet or this Service; (i) 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; (j) to damage the name or reputation of Mobil Satellite Technologies or any of it's parents, affiliate or subsidiaries, or any third parties; (k) to transmit confidential or proprietary information, except solely at your own risk; (l) to violate our or any third party's copyright, trademark, proprietary or other intellectual property rights, including trade secret rights; (m) to generate excessive amounts (as determined in our sole discretion) of Internet traffic, or to disrupt net user groups or email use by others; (n) to engage in activities designed to or having the effect of degrading or denying Service to Mobil Satellite Technologies users or others (including activities that compromise a server, router, circuit or software; (o) to use any name or mark of Mobil Satellite Technologies or its respective parents, affiliates or subsidiaries, as a hypertext link to any Web site or in any advertising publicity or other commercial manner; (p) to use your Mobil Satellite Technologies account for the purpose of operating a server of any type; (q) to use the Service or the Internet in a manner intended to threaten, harass, or intimidate others; (r) 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; (s) to use the Service to disrupt the normal flow of online dialogue, (t) to use the Service to violate any operating rule, policy or guideline of any other online services provider or interactive service; (u) to attempt to subvert or to aid third parties to subvert, the security of any computer facility or system connected to the Internet; (v) to impersonate any person or using a false name while using the Service; (w) 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; (x) to make false or unverified complaints against any Mobil Satellite Technologies subscriber, or otherwise abusing any of our complaint response procedures; (y) to export software or any information in violation of US export laws; or (z) to use the Service in contravention of the limitations of the pricing plan you have chosen.
9. BLOCKED PORTS & SERVICES
Due to the rising rate of malware, trojans, botnets, hacking, and to prevent prohibited conduct, Mobil Satellite Technologies, blocks a number of services at our border.
For a complete list of blocked ports and services please contact our Support Department.
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.
11. 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.
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
This Agreement is governed by Virginia law without regard to conflict
of law provisions. Any controversy or claim arising out of or relating
to this agreement, or the breach thereof, shall be settled by arbitration,
and administered by the American Arbitration Association under its
Commercial Arbitration Rules. Any such arbitration will be governed
by Virginia law and will be held in Norfolk, Virginia. The arbitrator
will be an expert in the field of Internet services. The arbitrators
award shall be final and binding and judgment on the award rendered
by the arbitrator may be entered in any court having jurisdiction
thereof. There shall be no class action arbitration pursuant to
This Agreement and 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.
Version 2.2 - October 24, 2012