Mobil Satellite Technologies Enterprise ISP Subscriber Agreement
|Last Modified 10/24/12|
READ THIS AGREEMENT CAREFULLY BEFORE USING THE MOBIL SATELLITE TECHNOLOGIES ENTERPRISE ISP SERVICE.
3. THE SERVICE
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.
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. 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 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.
4.2 CONTINUATION OF OBLIGATIONS.
5. ACCOUNT REQUIREMENTS
You must be at least
18 years old and provide a valid credit card.
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
8 PROHIBITED CONDUCT
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, malware, botnets, worms, harmful code, Trojans, and/or other forms of corruptive or damaging software on the Internet or satellelite network; (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
For a complete list of blocked ports and services please contact our Support Department.
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: Standard-installation
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
Version 2.2 - October 24, 2012