| Mobil
Satellite Technologies Enterprise ISP Subscriber Agreement
READ THIS AGREEMENT CAREFULLY BEFORE USING
THE MOBIL SATELLITE TECHNOLOGIES ENTERPRISE ISP SERVICE.
1. AGREEMENT
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.
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. The agreement will continue on a month-to-month
basis after the initial 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.
Four (4) additional Static IP addresses can be purchased for an
additional charge. The Service speed can vary depending on location,
storm activity, Internet traffic, and other factors beyond the
control of 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).
The service is designed to provide access to the public internet,
primarily for web browsing and email. Certain applications like
VoIP, teleconferencing, and streaming media are designed to use
a constant amount of bandwidth, and as a result consume more network
resources than normal Internet access. By purchasing a minimum
CIR (Committed Information Rate) in addition to the standard bandwidth,
you will insure the highest quality when using these applications.
Use of these applications without CIR is a violation of the Terms
of Service, and will result in additional charges or reduction
of throughput levels. The service is not intended to be used to
run constant bandwidth usage without purchasing CIR. CIR is $5/Kbps.
4. CANCELLATION
If you need to cancel your Mobil Satellite Technologies Enterprise
ISP Service after the expiritation of the initial 12 month term,
please send your written request to Mobil Satellite Technologies
Business Access 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 one full monthly
billing cycle 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 initial 12 month term. After
the completion of the initial 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. If Customer's cancellation is within
the initial term, the cancellation can not be accepted and processed,
and the service may not be canceled until the 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 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.
Version 1.1
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