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Terms Of Service
Note: All
users are bound by these Terms of Service.
Sat-Com Internet Services ("SIS") agrees to provide you ("User") with those
services ("Service") set forth on the Application subject to User's
compliance with the terms and conditions below.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SERVICE. BY
ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS
BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY
NOT ACCESS OR USE SERVICES.
If the User decides
to terminate the service with Sat-Com Internet Services after the first
ten (10) days and they have purchased a Quarterly, Semi-Annual or Annual
account, then the User's account will be assessed a $15.00 termination
fee and converted to month to month service for billing purposes. The
remaining difference will then be refunded. Monthly accounts cancelled
after the first ten (10) days will not be credited any refund for
cancellation. Cancellation within the initial 10 grace period for
reasons other than connectivity issues, or failure on end users part to
allow Sat-Com Internet Services adequate opportunity to correct
connectivity issues may result in a charge of one (1) months normal
billable service to end users account.
If User wants to convert an established month to month service account that
is in good standing with Sat-Com Internet Services to a pre paid Quarterly,
Semi-Annual or Annual service account, the User must contact Sat-Com
Internet Services before the end of the calendar month in
which the User established service. The monthly fee the User has already
paid will then be applied towards the annual subscription cost and the
account will then be treated as if it were an annual account from its
initial activation.
THE FOREGOING WARRANTIES SET
FORTH ARE EXCLUSIVE AND NO OTHER WARRANTY IS EXPRESSED OR IMPLIED.
Sat-Com Internet Services
exercises no control whatsoever over the content of the information passing
through Sat-Com Internet Services system. Use of any information
obtained via Sat-Com Internet Services is at User's risk. Neither Sat-Com
Internet Services nor any of its affiliates, its licensers, its contractors
or their respective employees warrant that the Service will be uninterrupted
or error free; nor does Sat-Com Internet Services make any warranty as to
the results from use of the Service.
THE SERVICE IS PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE,
NONINFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE
OF TRADE. NO ADVICE OR INFORMATION GIVEN BY Sat-Com Internet Services, ITS
AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES
SHALL CREATE A WARRANTY. NEITHER Sat-Com Internet Services NOR ITS
AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES
WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY
INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE IS FREE OF
VIRUSES, CANCEL BOTS, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.
UNDER NO CIRCUMSTANCES SHALL
Sat-Com Internet Services, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR
THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM
USER'S USE OF OR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR
ANY PART THEREOF, OR USER'S RELIANCE ON OR USE OF INFORMATION, SERVICES OR
MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, OR THAT RESULT FROM
MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS,
DELAYS IN OPERATION OR TRANSMISSION, ANY FAILURE OF PERFORMANCE, COMPUTER
VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED
ACCESS TO ALTERATION OF OR USE OF USER'S ACCOUNT, WHETHER FOR BREACH OF
CONTRACT, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. IN THE EVENT
Sat-Com Internet Services IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE
TERMS OF THIS AGREEMENT, Sat-Com Internet Services LIABILITY SHALL BE
LIMITED TO THE UNUSED BALANCE OF USER'S SUBSCRIPTION PAYMENT PRO-RATED TO
REFLECT THE CURRENT TERM.
If User is dissatisfied with
the Service or with any terms, conditions, rules, policies, guidelines or
practices of Sat-Com Internet Services in operating the Service, User's sole
and exclusive remedy is to discontinue using the Service.
Not withstanding anything to
the contrary herein contained, User agrees to indemnify and hold Sat-Com
Internet Services, its affiliates, its licensers, its contractors or their
respective employees harmless against any and all liability, loss, claim,
judgment, damage and expense including without limitation attorney's fees
and cost of litigation) incurred or suffered by Sat-Com Internet Services,
its licensers, its affiliates, its contractors, or their respective
employees as the result of any and all use of User's account whether
authorized or not authorized or as a result of the negligence, willful
misconduct, or breach of any of the terms of this Agreement by User,
including but not limited to claims, liabilities, losses, damage, judgment
and expense which arise out of alleged injury or death of any person or
damage to property of every kind and description. User shall promptly notify
Sat-Com Internet Services in writing of any claim of which it is obligated
under this indemnity. User shall have the right to assume the defense of any
such claim. User and Sat-Com Internet Services shall confer as to and agree
on the legal counsel(s) to be selected in any such defense.
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Sexually Explicit
Materials
User understands that the
Internet contains unedited materials some of which are sexually explicit or
may be offensive. User accesses such materials at his or her own risk.
Sat-Com Internet Services has no control over and accepts no responsibility
whatsoever for such materials.
Prohibited Uses
restrict or inhibit any other
user from using and enjoying the Internet;
post or transmit any unlawful,
threatening, abusive, libelous, defamatory, obscene, pornographic, profane,
or otherwise objectionable information of any kind, including without
limitation any transmissions constituting or encouraging conduct that would
constitute a criminal offense, give rise to civil liability, or otherwise
violate any local, state, national or international law, including without
limitation the U.S. export control laws and regulations; post on webspace
provided any sexually explicit materials or materials that may be offensive.
post or transmit any information or software which contains a virus,
cancelbot, trojan horse, worm or other harmful component; post, publish,
transmit, reproduce, distribute or in any way exploit any information,
software or other material obtained through the Service for commercial
purposes (other than as expressly permitted by the provider of such
information, software or other material); upload, post, publish, transmit,
reproduce, or distribute in any way, information, software or other material
obtained through the Service which is protected by copyright, or other
proprietary right, or derivative works with respect thereto, without
obtaining permission of the copyright owner or right holder; upload, post,
publish, transmit, reproduce, transmit or distribute in any way any
component of the Service itself or derivative works with respect thereto;
send unsolicited advertising or promotional materials to other network
users. Violate the security of any computer network, crack passwords or
security encryption codes, transfer or store illegal material including that
deemed threatening or obscene, or engage in any kind or illegal activity.
Sat-Com Internet Services has
no obligation to monitor the Service. However, User agrees that Sat-Com
Internet Services has the right to monitor the Service electronically from
time to time and to disclose any information as may be necessary to satisfy
any law, regulation or other governmental request, to operate the Service
properly, or to protect itself or its subscribers. Sat-Com Internet Services
will not intentionally monitor or disclose any private E-mail message unless
required by law. Sat-Com Internet Services reserves the right to refuse to
post or to remove any information or materials, in whole or in part, that,
in its sole and absolute discretion, are unacceptable, undesirable, or in
violation of this Agreement. Sat-Com Internet Services reserves the right to
suspend access to the Service for User's account. The account's suspension
may be rescinded within the sole and absolute discretion of Sat-Com Internet
Services following payment of a reconnection charge, to be determined by
Sat-Com Internet Services in its sole and absolute discretion.
User agrees to limit their use
of the Sat-Com Internet Services service, specifically regarding the use of
Sat-Com Internet Services electronic (e-mail) services, to the
following restrictions:
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Unauthorized Use of
Relay Servers
User agrees that any
unauthorized use of any email server located throughout the Internet for the
purposes of relaying or distributing messages is prohibited.
User agrees that the purposeful
distribution of any email message where the return address, originator's
address, or any other identifiable aspect of the message has been
purposefully altered, is prohibited. User may not purposefully misrepresent
the origination information of any email messages sent while using the
Sat-Com Internet Services service.
Users of Sat-Com Internet
Services services are restricted from using any of our Services or Resources
for the purpose of transmitting unsolicited or promotional material
including but not limited to, any material which can be commonly referred to
as SPAM. The violation of this restriction will result in a ten dollar
penalty for each email address for which the unsolicited or promotional
material was sent. All costs associated with the collection of this
fee will be the responsibility of the violator. In addition,
Sat-Com Internet Services reserves the right to prosecute the user for
breach of this contract and the violating user acknowledges they have
purposefully and intentionally damaged Sat-Com Internet Services brand and
image in the marketplace. The violator agrees to pay any and all legal costs
incurred by Sat-Com Internet Services associated with each violation.
User agrees to be held
responsible for the distribution of fraudulent materials.
VIOLATION OF ANY OF THESE TERMS
WILL RESULT IN IMMEDIATE TERMINATION OF SERVICES. FURTHERMORE, VIOLATION OF
ANY OF THESE TERMS, RELATING TO THE TERMS DESCRIBED WITHIN THIS "MESSAGING"
SECTION OF THIS DOCUMENT, WILL RESULT IN THE IMMEDIATE PENALTY OF $200.
Sat-Com Internet Services RESERVES THE RIGHT TO CHARGE USER'S CREDIT CARD,
IF ON FILE FOR USE IN PAYMENT OF Sat-Com Internet Services SERVICES, A
ONE-TIME FEE OF $200 PER VIOLATION OF THESE TERMS. IN THE EVENT USER
PRE-PAYS FOR THEIR Sat-Com Internet Services SERVICE VIA CASH, CHECK, OR
MEANS OTHER THAN CREDIT CARD, Sat-Com Internet Services RESERVES THE RIGHT
TO INVOICE AND HOLD USER RESPONSIBLE FOR THE ONE-TIME FEE OF $200 PER
VIOLATION OF THESE TERMS. USER ALSO AGREES TO THE IMMEDIATE TERMINATION OF
Sat-Com Internet Services SERVICES FOR VIOLATION OF ANY OF THESE TERMS.
Other
Information transmitted through
Sat-Com Internet Services and through the Internet in general is not
confidential. Sat-Com Internet Services can not and shall not guarantee
privacy or protection of any User. Sat-Com Internet Services reserves the
right to monitor any User's transmissions when deemed necessary for
providing proper service and/or to protect the rights and property of
Sat-Com Internet Services.
If User wishes to make
purchases on the Service, User may be asked by the merchant or information
or service provider from whom User is making the purchase to supply certain
information, including credit card or other payment mechanism information.
User agrees that all information User may provide any merchant or
information or service provider on the Service for purposes of making
purchases shall be accurate, complete and current. The merchants and
information and service providers offering merchandise, information and
services on the Service set their own prices and may change prices or
institute new prices at any time. User agrees to pay all charges incurred by
users of User's account and credit card or other payment mechanism at the
prices in effect when such charges are incurred. User shall also be
responsible for paying any applicable taxes relating to purchases on the
Service.
Sat-Com Internet Services does
perform system backups on any User's E-mail account(s). Sat-Com Internet
Services shall not be held responsible for any lost E-mail data, email
attachments, or any E-mail message contents, regardless of the reasoning for
data loss or system causes. Except as otherwise set forth herein, Sat-Com
Internet Services will not provide historical data, to any party for any
reason, regarding any system or Internet activity.
Sat-Com Internet Services does
perform system backups on any web sites. Sat-Com Internet Services shall not
be held responsible for any lost web data, web files, or any website
contents, regardless of the reasoning for data loss or system causes. Except
as otherwise set forth herein, Sat-Com Internet Services will not provide
historical data, to any party for any reason, regarding any system or
Internet activity.
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Failure to Comply With
Terms and Conditions
Sat-Com Internet Services may
deny User access to all or part of the Service without notice if User
engages in any conduct or activities that Sat-Com Internet Services in its
sole discretion believes violates any of the terms and conditions in this
Agreement. If Sat-Com Internet Services denies User access to the Service
because of such a violation, User shall not have the right (1) to access
through Sat-Com Internet Services any materials stored on the Internet, (2)
to obtain any credit(s) otherwise due to User, and such credit(s) shall be
forfeited, (3) to access third party services, merchandise or information on
the Internet through Sat-Com Internet Services, and Sat-Com Internet
Services shall have no responsibility to notify any third-party providers of
services, merchandise or information nor any responsibility for any
consequences resulting from lack of notification.
All monthly
service accounts must have cleared payment for the following months service
deposited with Sat-Com Internet Services Communications prior to 5:00 pm on
the last business day of the current calendar month. It should be noted that
all monthly accounts are considered auto renewable at inception and will be
billed as this until such time that the user notifies Sat-Com Internet
Services otherwise. Credit card customers can expect their billing to be
processed between the 15th and 25th of every month for the following months
service. Extended length contracts will not be auto renewable. Approximately
30 Days prior to account expiration the user will be contacted by Sat-Com
Internet Services about service renewal.
User agrees to remain signed
into the network only when actually making use of same, and to disconnect
when idle for significant periods of time (more than 10 minutes). User also
agrees to not remain connected to Sat-Com Internet Services system for
periods exceeding (4) four hours, in any single continuous session. User
authorizes Sat-Com Internet Services to enforce these restrictions by
appropriate software and network measures, automated and manual.
User agrees to notify Sat-Com
Internet Services if User moves or otherwise changes his or her mailing
address or phone number, and to list a truthful name, postal address and
telephone number on the forms User supplies to Sat-Com Internet Services.
In the event that any portion
of this Agreement is held to be unenforceable, the unenforceable portion
shall be construed in accordance with applicable law as nearly as possible
to reflect the original intentions of the parties and the remainder of the
provisions shall remain in full force and effect.
Sat-Com Internet Services
failure to insist upon or enforce strict performance of any provisions of
this Agreement shall not be construed as a waiver of any provision or right.
neither the course of conduct between parties nor trade practice shall act
to modify any provision of this Agreement.
Sat-Com Internet Services may
modify this Agreement from time to time by placing a notice of such
modification on our website, and User's continued use of the Service
following notice of such modification shall be deemed to be User's
acceptance of any such modification. It is User's responsibility to check
this online area regularly to determine whether this Agreement has been
modified. If User does not agree to any modification of this Agreement, User
must immediately stop using the Service.
This Agreement shall be
governed by and construed in accordance with the laws of the of State of
North Carolina without regard to its conflicts of law provisions. Any cause
of action User may have with respect to the Service must be commenced within
one (1) year after the claim or cause of action arises or such claim or
cause of action is barred.
Sat-Com Internet Services shall
not be liable or deemed to be in default for any delay or failure in
performance under this Agreement or interruption of service resulting
directly or indirectly from acts of God, civil or military authority, acts
of public enemy, war, riots, civil disturbances, insurrections, accidents,
dire, explosions, earthquakes, floods, the elements, strikes, labor
disputes, shortages of suitable parts, materials, labor or transportation or
any cause beyond the reasonable control of Sat-Com Internet Services.
Venue for litigation of any
dispute, controversy, or claim arising out of, in connection with, or in
relation to this Agreement, or the breach thereof, naming Sat-Com Internet
Services as the defendant, shall be proper only in a venue determined by
Sat-Com Internet Services.
In any action between Sat-Com
Internet Services and User to enforce any of the terms of this Agreement,
Sat-Com Internet Services shall be entitled to recover expenses, including
reasonable attorney's fees.
This Agreement constitutes the
entire agreement between User and Sat-Com Internet Services with respect to
the Service.
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