ETHERSAT® TERMS OF SERVICE
ACCEPTANCE OF TERMS
READ THIS AGREEMENT CAREFULLY BEFORE USING ANY ETHERSAT SERVICE. USE OF ANY ETHERSAT SERVICE CONSTITUTES ACCEPTANCE OF THE FOLLOWING TERMS BY THE USER.
SERVICES.
1. AGREEMENT This is an agreement between ETHERSAT and you to provide ETHERSAT Internet Service ("the Service"). By establishing an account, using the Service, using ETHERSAT’s wireless internet equipment, you agree to be bound by this Agreement, including future revisions and to use the Service in compliance with the current ETHERSAT Acceptable Use Policy.
2. TERMS If your Service has a specific initial term (twelve (12) months) this agreement will continue on a month-to-month basis after the initial term is over. ETHERSAT reserves the right to change prices of the Service upon 30 days notice. ETHERSAT reserves the right to change features of the Service at any time.
3. The SERVICE Depending on the type of Service that you sign up for, the Service may include Internet access, and or Voice Over IP services. From time to time ETHERSAT may impose reasonable rules and regulations regarding the use of the Services. YOU MAY NOT USE ANY ALTERNATE CONNECTION OR CLIENT SOFTWARE WITH ROAMING OR VOICE CAPABILITY IN CONNECTION WITH THE SERVICE. THE ETHERSAT WIRELESS ENHANCED ACCESS SERVICE IS FOR DATA ONLY AND NOT FOR RESALE. Violation of this part of the agreement will result in an additional charge of $1.95 per minute of unauthorized voice usage and suspension or cancellation of your ETHERSAT account. The Service speed can vary depending on location, line/connection quality, inside wiring, Internet traffic, and other factors beyond the control of ETHERSAT. ETHERSAT provides the Service on a "best effort" standard and does not guarantee “same number” upload or download speeds. Some line stabilization may be necessary for service. Bandwidth - If during any month, you exceed a monthly bandwidth limit associated with your Service Account, ETHERSAT may, implement and forward, change to your service to one permitting bandwidth use (as provided for in the Service description) and you agree to the standard fees that ETHERSAT will charge for such Service. ETHERSAT will provide you with thirty (30) days notice of any such change to your Service. You are solely responsible for determining if use of a particular Voice Over IP number will cause you to incur toll, or any other charges, including simultaneous login charges. ETHERSAT is not responsible for any long-distance, toll, or other charges you incur. Toll-free (800) 247-7486 international and simultaneous login access costs will be extra. Additional - 1.) ETHERSAT may change its POP numbers at any time. ETHERSAT reserves the right to direct you to use certain numbers to access the Service or to restrict use of specific access numbers. Usernames, passwords, email addresses and IP addresses are ETHERSAT property and ETHERSAT may alter or replace them at any time (By a Certified Network Administrator). 2.) Using your Service Account for high volume or commercial use (e.g., revenue generation, advertising, etc.) is prohibited. Email accounts exceeding allotted, depending on the Service and at ETHERSAT’s discretion, may be suspended or may be deleted. ETHERSAT may delete the temporary file from the server 10 days after notifying you. You agree not to use any automatic method to avoid inactivity disconnect or to otherwise maintain a connection unless active connection. You agree not to provide any public information services over a wireless satellite connection.
4. CANCELLATION To cancel the Service you must do the following: Phone Cancellation: ETHERSAT TECHNICAL SUPPORT (800) 247-7486 Wireless High Speed A registered or certified account maybe terminated based on this Agreement, your password, your account, or your use of the Services for any reason, including, without limitation, if ETHERSAT, in its sole discretion, believes you have violated this Agreement, violated the ETHERSAT Acceptable Service Account Use Policy 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. CANCELLATIONS AND RETURNED MERCHANDISE The following applies to all High Speed Internet Service Accounts and Voice Over IP Service Account holders. All equipment returns must have an ETHERSAT provided shipping label or an ETHERSAT technical service work order attached or they will be rejected. If you cancel your account you may NOT return equipment by mail; all equipment will be picked up and the connection will only be disabled by a certified ETHERSAT technician. SPECIFIC LOCATION - ETHERSAT provides equipment to you for your use of the Service, cancellation, downgrading or changing the Service by you before the initial term of the agreement ends may result in an extra charge. If you move a fixed-location Service to a new location during the initial term, you may be charged an additional fee. If ETHERSAT can provide service at the new location, ETHERSAT will issue a credit or a refund to your account providing you renew for another 12 months within 60 days from the time you terminated service at your old location.
5. ACCOUNT REQUIREMENTS In order to receive the Service, you must be at least 18 years old and may have to provide a valid credit card or other forms of payment. The Service must be available at your location. Your computer may have to meet certain minimum requirements. 6. PAYMENT You will be charged a monthly service fee. Some services may also include charges for hardware, activation or early cancellation. ETHERSAT 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. For wireless Services: In order to determine which jurisdiction's taxes and other assessments to collect, federal law requires ETHERSAT to obtain your Location of Primary Use ("LPU"), which must be your residential street address (if the Wireless Service is primarily for personal use) or business street address (if the Wireless Service is primarily for business use). This address must be within ETHERSAT’s service area. You hereby agree to provide ETHERSAT with your LPPU and to notify ETHERSAT immediately of any changes in your LPPU (ETHERSAT also reserves the right to gather GPS co-ordinance of your “Location of Primary Use”.
AGREEMENT
YOU EXPRESSLY AGREE TO PAY ANY AND ALL CHARGES FOR ACTIVITY BEYOND YOUR MONTHLY SERVICE RATE (SHOULD YOU ENCOUNTER ANY). THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ETHERSAT DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ETHERSAT 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 BY ETHERSAT OR THE INTERNET/VOIP GENERALLY. NO ADVICE OR INFORMATION GIVEN BY ETHERSAT OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. ETHERSAT 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, ETHERSAT 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. ETHERSAT 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(any and or all out side entities not including ETHERSAT); 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 AND VOICE OVER IP.
ADDITIONAL TERMS
ETHERSAT PRIVACY POLICY All information including, accounts names and passwords, personal information, billing information, is and will be kept securely stored. Such data is of exclusive use of the authorized account holder. ETHERSAT will not make such information public or give it access to unauthorized users.
USER ACCOUNT, PASSWORD AND SECURITY You may receive a password and account number upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify ETHERSAT of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session.
ETHERSAT cannot and will not be liable for any loss or damage arising from your failure to comply with these Terms.
USER CONDUCT You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not ETHERSAT, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service.
ETHERSAT does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable.
Under no circumstances will ETHERSAT be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. ETHERSAT® is a Registered Trademark of Onasi, Inc.