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
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 a Dynamic Private IP address. Public Static IP
Addresses are available for an extra charge. The Service speed
can vary depending on Internet traffic, environmental, 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
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.
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
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 commercial 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
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 unmodified hardware.
8 PROHIBITED CONDUCT
Customers are responsible for maintaining their networks and PCs,
and to keep them free of viruses, malware, botnets, trojans and other forms of corruptive or damaging software.
Customer sites may be disabled if viruses, malware, botnets, trojans and other forms of corruptive or damaging software are detected as being
broadcasted or originating from a customer’s modem. This is done
in order to prevent the spread of corruptive or damaging software 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, 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
Due to the rising infection rate of malware, trojans, and botnets
among PCs worldwide, 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: 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
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
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.
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.
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.
15. Assignment Of Account
We may sell, assign, pledge or transfer this Agreement (including any addendum to this Agreement), your account or an interest in your account to a third party without notice to you. In the absence of a notice of such sale or transfer, you must continue to make all required payments to us in accordance with your billing statement.
Version 2.2 - October 24, 2012