This Agreement was last revised on January 1, 2015

Thank you for choosing HughesNet®!

PLEASE READ THIS ENTIRE SUBSCRIBER AGREEMENT CAREFULLY, AS IT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND HUGHES NETWORK SYSTEMS, LLC (“HUGHES”). BY APPLYING FOR OR ESTABLISHING AN ACCOUNT WITH HUGHES, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

Subscriber Agreement Organization

This Subscriber Agreement is organized into seven “Parts:”

Part I – Key Provisions;

Part II – The Service, Your Subscription, This Subscriber Agreement, Dispute Resolution, and Binding Arbitration;

Part III – Payment;

Part IV – Permitted Use and Restrictions on Use;

Part V – Grant of Important Rights by You to Us, and Important Disclaimers, Acknowledgments, and Obligations;

Part VI – General (Note: Although located at the end of this Subscriber Agreement, these terms are important).

PART I – KEY PROVISIONS

1.1 SPEED CLAIMS AND DISCLAIMERS.

HughesNet service is available in the contiguous U.S. with an unobstructed view of the southern sky, and its usage is subject to the Fair Access Policy. Actual speeds vary based on the amount of traffic on the Internet, content on a particular Website, or by the overall performance and configuration of your computer. Stated speeds and uninterrupted use of service are not guaranteed. Actual speeds will likely be lower than the maximum speeds during peak hours.

The listed speeds for the Choice, Prime, Prime Plus, Pro, Pro Plus, Max, and Ultra Service Plans are only available in the footprint of the EchoStar XVII Satellite. EchoStar XVII service is generally available in areas east of the Mississippi River, coastal regions of the West Coast, and larger population centers of the Mountain West (Denver and Phoenix). A map showing EchoStar XVII’s Service Coverage areas can be found here. For areas not covered by the EchoStar XVII Satellite, only the Connect and Connect Pro Service Plans will be offered. In addition, please note that not all EchoStar XVII Service Plans are available in all geographic areas. To determine what Service Plans are available in your geographic area, please click here and enter your address.

1.2 EQUIPMENT.

You specifically agree that any Equipment provided to you may be new or refurbished as new. Any refurbished Equipment will have the same warranty as new Equipment. If you choose to purchase your Equipment from Hughes, and the Equipment installed at your location is refurbished, in consideration of our provision of such refurbished Equipment, we will provide you with a $25 credit on your first Service invoice.

Unless you have purchased your Equipment from Hughes, the satellite modem, power supply, and radio (outdoor transmitter) to be installed by Hughes at your premises will remain the property of Hughes and shall not be deemed fixtures or part of your realty. You shall have no right to pledge, sell, mortgage, otherwise encumber, give away, remove, relocate, alter, or tamper with the Equipment (or any notice of our ownership thereon) at any time. Any reinstallation, return, or change in the location of the Equipment shall be performed by us at our service rates in effect at the time of such service. You are responsible for preventing the loss or destruction of all Equipment provided pursuant to this Agreement.

1.3 SERVICE COMMITMENT AND EARLY TERMINATION FEES.

All Service Plans require a commitment of twenty-four (24) months. If you have subscribed to any Service Plan and you terminate service prior to the expiration of the commitment, you will owe, and your credit or debit card will be charged, the Early Termination Fees described below. In addition, unless you purchased the HughesNet Equipment, you will be required to return the applicable Equipment to Hughes whenever you terminate your service, or you will be required to pay the Unreturned Equipment Fee described below.

Early Termination: Purchase Option (equipment and standard installation purchased upfront)

If you cancel your order before installation, you will be refunded the amount that was collected at time of order.

If you cancel after activation but before the end of your 24-month term commitment, you will be charged a Service Termination Fee of up to $400. The exact amount of the Service Termination Fee will be $400 for the first ninety (90) days after activation of the HughesNet Service. Thereafter, the amount will decrease by $15 per month for each month of active Service.

Early Termination: Lease Option

If you cancel your order before installation, you will be refunded the amount that was collected at time of order.

f you cancel after activation but before the end of your 24-month term commitment, you will be charged a Service Termination Fee of up to $400. The exact amount of the Service Termination Fee will be $400 for the first ninety (90) days after activation of the HughesNet Service. Thereafter, the amount will decrease by $15 per month for each month of active Service.

Further, you must return your HughesNet modem, power supply, and radio in good condition within 45 days of cancellation date or be charged a $300 Unreturned Equipment Fee ($100 for the modem and power supply and $200 for the radio transmitter).

If you cancel after the end of your 24-month term commitment, you must return your HughesNet modem, power supply, and radio in good condition within 45 days of cancellation date or be charged a $300 Unreturned Equipment Fee ($100 for the modem and power supply and $200 for the radio transmitter).

For customers eligible or required to return equipment, Hughes will provide instructions on how to de-install and return the required equipment.

You are not required to return, and Hughes is not obligated to de-install, the antenna, mount, or any cables. If you elect to have the complete system or the antenna, mount and any cables professionally de-installed, you will be responsible for all applicable de-installation charges.

You will not receive a credit for installation charges or other fees.

Early Termination due to breach by Subscriber

If your account is terminated by Hughes for non-payment or any other reason, any applicable Early Termination Fee and the Unreturned Equipment Fee will be charged immediately upon cancellation. If you return your HughesNet modem, power supply, and radio in good condition within 45 days from the time of termination, your account will be credited $300 ($100 for the modem and power supply and $200 for the radio transmitter).

Optional Equipment De-installation Service

As an alternative to de-installing and returning applicable Equipment to Hughes yourself (whether before or after the expiration of any Service commitment period), you may request that Hughes de-install and return the modem, power supply, and radio directly for a fee. The amount of this de-installation charge will be the fee then in effect for this service. In the event you elect to purchase this optional service, no Unreturned Equipment Fees will apply.

1.4 METHOD OF PAYMENT.

Except where additional methods of payment are specifically required or permitted under applicable law or regulation, or where Hughes explicitly and in advance permits another method of payment, you agree that you will provide a major credit or charge card (i.e., MasterCard, Visa, American Express, or Discover) that Hughes may charge for all Service fees or other amounts payable under this Agreement (including Early Termination Fees and Unreturned Equipment Fees). You hereby authorize automatic credit or charge card billing by Hughes for all such charges. You further agree that the charges described above will be billed to the credit or charge card that you have provided when you applied for the Service.

PART II – THE SERVICE, YOUR SUBSCRIBERSHIP, THIS SUBSCRIBER AGREEMENT, DISPUTE RESOLUTION, AND BINDING ARBITRATION

2 THE SERVICE.

Hughes provides a two-way, satellite-based Internet access solution that carries information between the Internet and your personal computer, tablet, or other mobile device (the “Service”).

2.1 COMPOSITION OF THE TERMS OF SERVICE.

This Subscriber Agreement, the HughesNet Fair Access Policy, the HughesNet Acceptable Use Policy, and the HughesNet Subscriber Privacy Policy collectively make up the HughesNet Terms of Service. The HughesNet Terms of Service govern your HughesNet subscription and your use of the HughesNet Service and any other HughesNet services (as defined below). Certain features and services offered by Hughes and its suppliers contain additional terms or guidelines that supplement this Subscriber Agreement and, along with this Subscriber Agreement, will govern the use of those services. You will have an opportunity to review the additional terms before you sign up or use those services.

3 MODIFICATIONS; RIGHTS OF CANCELLATION OR SUSPENSION

3.1 MODIFICATION OF THIS SUBSCRIBER AGREEMENT; NOTICES.

Hughes may revise this Subscriber Agreement (the “Agreement”) at any time by providing notice to you over the HughesNet Service. In the event you do not agree to such revisions, you may terminate your subscription (as provided herein) and stop using the Service before the later of the effective date of such modifications or thirty (30) days after such notice is delivered, in which event you will not be bound by such modifications. Otherwise, except as provided in Section 5.5 below, your continued use of the Service after such time constitutes your full acceptance of such modifications. Unless we provide notice to you of any revision to this Subscriber Agreement, and you accept or have been deemed to have accepted any such revision, this version of the Subscriber Agreement will govern the terms of your HughesNet subscription until the Service is canceled or terminated.

3.2 MODIFICATION OF THE SERVICE.

Hughes may discontinue, add to, or revise any or all aspects of the Service in Hughes’ sole discretion, with or without notice, including without limitation access to support services, publications, and any other products or services ancillary to the Service. For purposes of illustration and not limitation, Hughes may: (1) establish and enforce limitations concerning use of the Service, e.g., the maximum number and/or size of email messages that may be sent from or received by an account on the Service, and the maximum amount of bandwidth that may be used by a single user or a single account; (2) take any action that Hughes deems appropriate to prevent and/or delete bulk email; (3) delete old email messages from any account; (4) quarantine or delete messages or content suspected of containing viruses or other malware; (5) refuse to process email or instant messages that fit criteria defined by us; or (6) modify any user setting. In the event that Hughes makes any changes to the Service or its availability, Hughes may, but is not required to, notify you.

3.3 PRICING REVISIONS; NOTICES.

Hughes may revise pricing for any Service Plans at any time by providing notice of any price change to you over the HughesNet Service as well as written notice to your address. Hughes will endeavor to provide at least 30 days’ notice of any such change to you. In the event you do not agree to such price revisions, you may terminate your subscription (as provided herein) and stop using the Service before the later of the effective date of the price change or thirty (30) days after such notice is delivered, in which event you will not be bound by such changes. Otherwise, except as provided in Section 5.5 below, your continued use of the Service after such time constitutes your full acceptance of such pricing revisions.

3.4 TERMINATION BY SUBSCRIBER.

In the event that Hughes modifies this Agreement or related pricing or billing terms, you may terminate your account and this Agreement by giving notice of termination to Hughes within 30 days of your receipt of notice of such modification. Any such termination will not be subject to a Service Termination Fee (but will be subject to any applicable Unreturned Equipment Fee). Subject to your payment of the termination charges herein described, you may also terminate your account and this Agreement at any other time and for any reason on written notice to Hughes. You must terminate this Agreement in accordance with the terms and conditions specified herein; failure to do so may delay or prevent us from knowing that termination was intended. Failure to terminate in accordance with this Agreement may result in your continued liability for all fees and charges associated with your Service account until such time as the Agreement has been properly terminated or Hughes has acknowledged such termination in writing. In the event you cancel your subscription to the Service prior to the expiration of the minimum commitment period specified for your applicable service plan, you may be subject to a service termination fee as specified in Section 1.3 above.

If you wish to terminate your service, contact our Billing Department at 1-866-347-3292. Except as may be otherwise provided in this Agreement, cancellation of your Subscription is your sole right and remedy with respect to any dispute with Hughes. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this Agreement or Hughes’ enforcement or application of this Agreement; (2) any policy or practice of Hughes, including the Fair Access Policy and the HughesNet Subscriber Privacy Policy, or Hughes’ enforcement or application of these policies; (3) the content available on the Service or the Internet or any change in content provided by Hughes; (4) your ability or inability to access and/or use the Service; or (5) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges, or billing methods.

3.5 TERMINATION OR SUSPENSION BY HUGHES.

Hughes reserves the right to terminate or suspend your account and this Agreement at any time, with or without notice, in whole or in part, for any reason or no reason.

3.6 CONTINUATION OF OBLIGATIONS.

Notwithstanding any cancellation or termination of this Agreement or your account, or any suspension or termination of access to or use of the Service, you will remain responsible for any obligations accrued up 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).

4 WHO MAY USE THE SERVICE? – RESPONSIBILITY AND SUPERVISION.

4.1 AGE AND ACCOUNT SETUP.

You represent that you are at least 18 years of age and have the right and ability to enter into this Agreement. You agree that you are responsible for installing, establishing, and setting up, and for verifying and maintaining, the account, options, settings, and other parameters under which the Service is used, including (without limitation) all related passwords and user identification information. These account functions may be performed only by a person at least 18 years of age, without exception.

4.2 MULTIPLE USE OF ACCOUNT.

Multiple members of your household may share a single ID number and account, if authorized by you to use the account. In addition, up to five (5) members of the same household may access the Service at any given time through the same ID number or account.

4.3 INSTALLATION OF SUBSCRIBER EQUIPMENT.

You acknowledge and agree that Hughes or its designated service provider may be required to access your premises and/or computer system in order to install and maintain the components necessary for you to access the Service (the “Subscriber Equipment”). This may include opening your computer to install, repair, or replace equipment or to install software on your computer at your location. By accepting this Agreement and scheduling a service or installation visit, you hereby authorize Hughes or its service provider to access your computer for the purpose of installing, repairing, or replacing Subscriber Equipment for the purpose of facilitating your access to the Service. NEITHER HUGHES NOR ITS SERVICE PROVIDER SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY LOSSES RESULTING FROM INSTALLATION, REPAIR, OR OTHER SERVICES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR PREMISES OR COMPUTER, OR LOSS OF SOFTWARE, DATA, OR OTHER INFORMATION FROM YOUR COMPUTER. Hughes may check the version of the HughesNet software on your computer and, without any additional notice to you, may download and install on your computer updates to the HughesNet software. In addition, Hughes may check the health and status of your computer to ensure that your configuration is optimized for use with the Service.

4.4 SUBSCRIBER RESPONSIBILITY.

You shall be responsible for all access to and use of the Service through your account or password(s) and for any fees incurred for goods or services purchased thereon, or any other expenses incurred as a result of any use of your account. You promise to pay the amounts billed for any such goods or services, along with any related fees, taxes, and charges. Use of your account is limited to family members residing at your permanent residence. You acknowledge that you are aware that areas accessible on or through the Service may contain material that is unsuitable for minors (persons under 18 years of age). You agree to supervise usage of the Service by minors who use the Service through your account. You hereby ratify and confirm any obligations a minor using your account enters into or assumes and any promises or permissions such minor makes or gives. You agree to: (1) provide us with true, accurate, current, and complete information about yourself; and (2) promptly update this information to keep it true, accurate, current and complete.

5 DISPUTE RESOLUTION AND BINDING ARBITRATION.

5.1 GENERAL.

EXCEPT AS OTHERWISE PROVIDED HEREIN, ANY AND ALL DISPUTES, CONTROVERSIES, OR CLAIMS BETWEEN YOU AND HUGHES, BASED ON, ARISING OUT OF, INVOLVING, OR RELATING IN ANY WAY TO THIS SUBSCRIBER AGREEMENT, THE HUGHESNET SERVICE, ANY OTHER ASPECT OF OUR RELATIONSHIP, OR ANY RELATED PRODUCTS OR SERVICES, INCLUDING WITHOUT LIMITATION CLAIMS BASED ON CONSUMER PROTECTION LAWS, UNFAIR COMPETITION LAWS, OTHER STATUTES, CONTRACT, TORT, MISREPRESENTATION, FRAUD, OR ANY OTHER LEGAL THEORY, SHALL BE SETTLED BY BINDING ARBITRATION AS SET FORTH HEREIN. ANY QUESTIONS AS TO THE ENFORCEABILITY OF THIS ARBITRATION AGREEMENT OR AS TO THE ARBITRABILITY OF ANY DISPUTE SHALL BE DECIDED BY THE ARBITRATOR, EXCEPT THAT ANY QUESTIONS AS TO THE APPLICABILITY OR ENFORCEABILITY OF THE PROHIBITION ON CLASS PROCEEDINGS IN SECTION 5.3 BELOW SHALL ONLY BE DECIDED BY A COURT. THIS AGREEMENT TO ARBITRATE IS SUBJECT TO THE FEDERAL ARBITRATION ACT.

Arbitration means that any dispute will be decided by an independent arbitrator, and will not be decided in court by a judge or jury. The applicable procedures may be different from procedures followed in court. In an arbitration, there is no right to a jury trial, discovery may be limited, and the grounds for seeking appeal or judicial review of the arbitrator’s award are limited.

An arbitrator must honor the terms and conditions of this Agreement to the same extent that any court would. Except as otherwise expressly provided herein, the same claims, legal theories, damages, and other relief that would be otherwise available in court, including any right you may have to recover attorney’s fees and/or litigation costs, shall also be available in an arbitration commenced pursuant to this clause. This agreement to arbitrate shall survive termination of this Subscriber Agreement and will apply to any claims brought or disputes arising before or after termination of this Subscriber Agreement.

This Dispute Resolution and Binding Arbitration provision (all subparts of this Section 5) shall, to the extent permitted by law, apply to all pending and future claims, disputes, arbitrations, and litigation, including those involving former subscribers whose agreements terminated prior to the adoption of this provision. Any former subscriber whose agreement terminated prior to the adoption of this provision shall be entitled to proceed under the terms of this Dispute Resolution and Binding Arbitration provision with respect to any disputes, controversies, or claims within the scope of this Section 5.1.

5.2 DISPUTE RESOLUTION AND ARBITRATION PROCEDURES.

Notice of Dispute. Prior to filing any claim against the other, you and Hughes agree that you will first send the other a written Notice of Dispute. Any Notice of Dispute to Hughes should be sent to: HughesNet Customer Service, 11717 Exploration Lane, Germantown, MD 20876 (the “Notice Address”). Any Notice of Dispute to you will be sent to your billing address. The Notice should describe the nature of the problem or dispute and set forth the specific relief sought, including the amount of any monetary damages sought. If the party receiving the Notice of Dispute agrees within 30 days to provide the specific relief requested in the Notice of Dispute, no formal claim may be filed with respect to the subject of the Notice of Dispute. If we are unable to reach an agreement to resolve the dispute within 30 days after the Notice of Dispute is delivered, either you or Hughes may commence an arbitration.

Arbitration Proceedings. Any arbitration between you and Hughes shall be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes, as supplemented and modified by the terms of this Agreement. In the event of any conflict between this Dispute Resolution and Binding Arbitration clause and the applicable AAA rules, this clause shall govern. The AAA Commercial Arbitration Rules and its Supplementary Procedures for Consumer-Related Disputes may be obtained online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

If the arbitrator enters an award in your favor, you shall be entitled to an award of any reasonable attorney’s fees or other reasonable costs and expenses you incur in the arbitration; provided that, if the settlement or award in your favor is equal to or less than the amount of a written settlement offer made by Hughes prior to selection of the arbitrator(s), you shall only be entitled to an award of reasonable attorney’s fees or other reasonable costs and expenses you incurred up to the date of that written settlement offer. The foregoing right to an award of fees, costs, and expenses is in addition to, and does not limit, any such right you may have under the applicable law governing your claim.

Unless you and Hughes agree otherwise, any arbitration hearing will take place at a location convenient to you which is in or nearest to the county where you reside when the arbitration is commenced. If your claim is for $10,000 or less, you may choose to have the arbitration conducted in person or by phone, or you may choose to have the arbitration decided solely on the basis of documents submitted to the arbitrator without a hearing. If your claim exceeds $10,000, the right to a hearing will be determined by the applicable AAA Rules.

Arbitration Costs and Fees. Payment of a filing fee is required to commence an arbitration. If you commence an arbitration against Hughes pursuant to this Binding Arbitration clause, and the claim seeks $10,000 or less, Hughes will, at your written request, pay the filing fee directly to the AAA or, if you have already paid it, promptly reimburse you for the amount of the filing fee. In addition, for any arbitration initiated in accordance with this Binding Arbitration provision which does not exceed $10,000, Hughes will also pay all other arbitration fees and expenses imposed by the AAA, including administration and arbitrator fees. However, if the arbitrator finds your claim is frivolous or brought for an improper purpose, then Hughes may seek reimbursement of any AAA fees and expenses it has paid in your behalf. For any arbitration involving claim(s) for more than $10,000, payment of fees and costs shall be governed by the applicable AAA rules.

5.3 PROHIBITION ON CLASS ARBITRATION.

YOU AND HUGHES AGREE THAT NO DISPUTE OR CLAIM MAY BE BROUGHT OR MAINTAINED AS PART OF A CLASS ARBITRATION OR OTHER REPRESENTATIVE ARBITRATION, REGARDLESS OF WHETHER THE APPLICABLE ARBITRATION RULES WOULD OTHERWISE PERMIT CLASS OR REPRESENTATIVE PROCEEDINGS. ACCORDINGLY, YOU AND HUGHES MAY ONLY PURSUE A CLAIM AGAINST THE OTHER IN AN INDIVIDUAL CAPACITY, AND MAY NOT PURSUE A CLAIM AGAINST THE OTHER ON BEHALF OF ANY OTHER PERSON, AND NO OTHER PERSON MAY PURSUE A CLAIM ON BEHALF OF YOU OR HUGHES AGAINST THE OTHER. AN ARBITRATOR MAY ENTER AN AWARD ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM.

5.4 LIMITATIONS ON ARBITRATION PROVISION.

Notwithstanding Sections 5.1 and 5.2 above, but subject to Section 5.3 above, you or Hughes may bring an individual action against the other in small claims court, and arbitration shall not be required as to any dispute relating to the validity or enforcement of either party’s patents, copyrights, or other intellectual property.

5.5 RIGHT TO OPT OUT; FUTURE CHANGES.

IF YOU DO NOT WISH TO BE BOUND BY THIS DISPUTE RESOLUTION AND BINDING ARBITRATION CLAUSE, YOU MAY OPT OUT OF THIS CLAUSE. TO DO SO, YOU MUST NOTIFY HUGHES IN WRITING TO THE ABOVE NOTICE ADDRESS WITHIN 30 DAYS AFTER YOU FIRST RECEIVE NOTICE OF THIS CLAUSE. YOUR WRITTEN NOTICE MUST INCLUDE YOUR NAME, ADDRESS, HUGHES ACCOUNT NUMBER, AND A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH HUGHES THROUGH ARBITRATION. FAILURE TO PROVIDE SUCH NOTICE WITHIN 30 DAYS CONSTITUTES AGREEMENT TO THE TERMS OF THIS DISPUTE RESOLUTION AND BINDING ARBITRATION CLAUSE. YOUR DECISION TO OPT OUT OF THIS CLAUSE WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH HUGHES OR THE DELIVERY OF SERVICES TO YOU BY HUGHES.

In addition, if Hughes makes any future change to this Dispute Resolution and Binding Arbitration provision, you may reject any such change by sending Hughes written notice within 30 days of receiving notice of the change. In that case, any dispute arising between you and Hughes will be governed by the Dispute Resolution and Binding Arbitration provision, or any equivalent provision, in effect as of the date you received notice of the change.

5.6 EXCEPTION TO SEVERABILITY.

Notwithstanding Section 21.1 below, if for any reason the prohibition on class proceedings set forth in Section 5.3 above is not enforced as written with respect to any dispute, then Section 5.1 above also will not apply to that dispute.

PART III – PAYMENT

6 FEES.

6.1 FEES, TAXES AND OTHER CHARGES.

You agree to pay, in advance, and in accordance with the provisions of the billing option you selected, any registration, activation, and/or monthly fees, minimum charges, and other amounts charged to or incurred by you, or by users of your account, at the rates in effect for the billing period in which those amounts are charged or incurred. You agree to pay all applicable taxes and Universal Service assessments related to your use of the Service or the use of the Service by users of your account. Information on charges and surcharges (if any) that are to be paid to us and are incurred by you or by users of your account will be made available to you on the Website, and you agree that this is sufficient notice for all purposes as to charges incurred and paid or to be paid to us. In addition, you also agree to pay a surcharge on your service to cover Hughes’ liability for the payment of personal property taxes which may be owing by Hughes in respect of the equipment provided pursuant to this Agreement. Hughes reserves the right to increase fees, surcharges, or monthly subscription fees, or to institute new fees at any time upon thirty (30) days’ prior notice. You understand and acknowledge that you may not receive a bill in the mail for your Service. Additional terms relating to pricing, billing and payment are set forth and available on the Website.

6.2 PAYMENT.

YOU MUST PROVIDE CURRENT, COMPLETE, AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION IN ORDER TO KEEP YOUR ACCOUNT CURRENT, COMPLETE, AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE). CHANGES TO SUCH INFORMATION CAN BE MADE AT www.myHughesNet.com. IF YOU FAIL TO PROVIDE US WITH ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT HUGHES MAY CONTINUE CHARGING YOU FOR ANY SERVICE PROVIDED UNDER YOUR ACCOUNT, AND THAT YOU WILL BE RESPONSIBLE FOR ANY LATE FEES ASSOCIATED WITH HUGHES’ INABILITY TO OBTAIN PAYMENT BASED ON BILLING INFORMATION YOU HAVE PROVIDED. You agree that all charges are considered valid unless disputed in writing within fifteen (15) days after the date you receive your credit or charge card bill. You agree that Hughes will not be responsible for any expenses that you may incur resulting from overdrawing your bank account or exceeding your credit limit as a result of an automatic charge made under this Agreement.

In the event that you used a debit card to activate your subscription, you authorize Hughes to initiate debit entries to your checking or savings account, as the case may be, for payment of the monthly charge for the Service. Hughes, pursuant to this authorization, will debit the monthly service charge for the Service from your account each month. In addition, Hughes will deduct from your account any and all early termination charges arising from termination of your Service prior to its required minimum term. Hughes will not be responsible for any overdraft or other third-party fees or penalties resulting from Hughes debiting from your account any amount authorized by this Agreement or any other agreement between you and Hughes. Hughes will charge a return fee for each debit that is declined by your bank. The return fee will vary from state to state and will be the maximum amount allowed in each state.

You acknowledge that the recurring debit authorized hereunder will purchase the Service and that Hughes will continue to debit monies from your account until you revoke this authorization by going online to www.myHughesNet.com to change payment method or by mailing a written request to:

HughesNet Customer Service 

11717 Exploration Lane 

Germantown, MD 20876

Credit card payment is not required for residents of states where payment by credit cards may not be made mandatory. In the event that, for whatever reason, services charges are paid by you pursuant to a paper invoice to be prepared by Hughes, Hughes will charge you an additional administrative fee of $5.00 per month. Further, in the event that checks submitted by you are returned for insufficient funds, or if your account is suspended for non-payment, and you wish to restore Services, in addition to other charges which may be applicable, you may be liable for an additional administrative charge of up to $25.00. If you think a charge is incorrect or you need more information, you should contact our billing department. You must contact us within sixty (60) days after receiving the statement on which the error or problem appeared. Hughes will make available to you a statement for each billing cycle showing payments, credit purchases, and other charges. Payment of the outstanding balance is due in full each month, and may be billed in advance or pre-charged as set forth above. If your payment is not received by us before the next statement is issued, you may be charged interest on the delinquent balance at the lesser of one and one-half percent (1.5%) per month or the maximum rate permitted by applicable law, prorated on a daily basis. Hughes may, but is not required to, accept partial payments from you. If partial payments are made, they will be applied to statements starting with the oldest outstanding statement. If you send us checks or money orders marked “payment in full” or otherwise labeled with restrictive endorsements, Hughes can, but is not required to, accept them, without losing any of Hughes’ rights to collect all amounts owed by you under this Agreement. In the case of late payment or non-payment, you understand and agree that Hughes may report such late payment or non-payment to the appropriate credit reporting agencies. If Hughes chooses to use any collection agency or attorney to collect money that you owe us or to assert any other right which we may have against you, you agree to pay the reasonable costs of collection or other action including, but not limited to, the costs of a collection agency, reasonable attorneys’ fees, and court costs, as provided by applicable law.

6.3 COMMENCEMENT AND DURATION OF SUBSCRIBERSHIP FEES.

You acknowledge that a monthly subscription fee will apply for each and every month (or portion thereof) that you subscribe to the Service. Once you subscribe, your account and payment obligations will continue until terminated as set forth herein.

6.4 UNUSED TOKENS.

You agree that any capacity tokens you may have purchased, or which may been provided to you free of charge, have no intrinsic value if you are no longer a HughesNet Subscriber. Thus, any value associated with any such tokens will lapse at the time of termination of your Service.

6.5. IP ADDRESSES.

In the event you are acquiring the use of one or more private IP Addresses through your HughesNet Subscription, the following conditions will apply. Hughes may, but shall not have any obligation to, provide you with a private IP Address. “Static IP” addresses are primarily for the use of customers who need to access other networks through firewalls or VPNs that require an IP address from the source of the connection to remain the same over long periods of time.

IP addresses cannot be guaranteed in perpetuity. Hughes retains the right to change the IP addresses allocated for HughesNet systems. Should it become necessary to change a static IP, Hughes will attempt to contact the customer with sufficient notice in advance of the change, but is under no obligation to do so, and shall incur no liability as a result of its failure to do so.

Hughes will not support any attempts to run Web pages, hosting servers, or SMTP relays behind a HughesNet terminal or any other server as described in the Hughes Acceptable Use Policy. This includes removing a static IP address from SMTP “Blacklists” or “Dynamic IP address lists,” or creating custom reverse DNS entries for the IP addresses allocated to a HughesNet terminal, such that a customer domain name purchased by another vendor can be associated with a HughesNet system for the purposes of operating a Web page or SMTP service.

Hughes will not register IP addresses granted to a HughesNet customer as separate domains or DNS/MX Record domains customized for an individual subscriber.

All IP addresses allocated to a HughesNet system are the sole property of Hughes. Title, ownership, and registration of IP addresses granted to a HughesNet terminal will remain the property and under the administrative authority of Hughes.

PART IV – PERMITTED USE AND RESTRICTIONS ON USE

7 SOFTWARE LICENSE.

To facilitate your use of the Service, Hughes may provide you with software and written materials including documentation (the “Software”). Subject to the terms of this Agreement, Hughes grants you a limited personal, non-exclusive, non-sublicenseable and nontransferable license to use and display the Software on any machine(s) on which you are the primary user or which you authorize for use. Unauthorized copying of any portion of the Software, including software that has been modified, updated, or merged or included with the Software, as well as the documentation provided, is expressly forbidden. You may not sublicense, assign or transfer this license or the Software except as expressly permitted by Hughes. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations under this license is void. You agree that you shall not, nor shall you permit others, to copy, duplicate, reverse engineer, decompile, or create derivative works from the Software, in whole or in part, including any written materials provided in conjunction with the Software. Hughes will occasionally provide automatic software and technology upgrades to improve the Service, such as virus and spam screening technologies, although these upgrades may not be consistent across all platforms and devices. You agree to accept and to take no action to interfere with such automatic upgrades, scanning, and related services.

8 SPECIFIC RESTRICTIONS ON USE OF THE SERVICE.

8.1 PROHIBITED CONDUCT.

You agree to comply with the terms of the Hughes Acceptable Use Policy, available at aup.HughesNet.com. Violations of the Acceptable Use Policy may result in suspension or termination of Service.

8.2 FAIR ACCESS POLICY.

To ensure fair Internet access for all HughesNet subscribers, Hughes maintains a Fair Access Policy. This policy establishes an equitable balance in Internet access for all HughesNet subscribers. Hughes assigns a download threshold to each service plan that limits the amount of data that may be continuously downloaded. The Fair Access Policy can be viewed at legal.hughesnet.com/FairAccessPolicy.cfm. Any subscribers who exceed this limit will experience a temporary reduction of speed.

8.3 COMPLIANCE WITH LAWS.

You agree to comply with all applicable laws, rules, and regulations in connection with the Service, your use of the Service, and this Agreement.

8.4 NO RESALE.

You agree not to reproduce, resell, transfer, trade, sublicense, or exploit for any commercial purposes your subscription to the Service, any portion thereof, or any capabilities or applications enabled by the Service (e.g., Voice over Internet Protocol service).

8.5 ASSUMPTION OF RISK.

Hughes may, but shall not have any obligation to, screen content transmitted through and stored on the Service for objectionable material and material that violates any law or regulation, the terms of this Agreement, or the Acceptable Use Policy (collectively, “Objectionable Content”). Hughes may, but shall not have any obligation to, remove from the Service, or refuse to store or transmit, any Objectionable Content. You agree to bear all risks associated with any and all content you use, transmit, or receive on or through the Service, and agree that you will not rely on any such content.

PART V – GRANT OF IMPORTANT RIGHTS BY YOU TO US, AND IMPORTANT DISCLAIMERS, ACKNOWLEDGMENTS, AND OBLIGATIONS

9 COPYRIGHT AND LICENSES.

Hughes reserves all copyrights and other rights in and to any content available through the Service which is identified as, claimed by us as, or known by you to be, proprietary to Hughes or its licensors (collectively, “Proprietary Content”). The Proprietary Content is protected under U.S. and international copyright laws, including as a collective work. All copying, modification, distribution, publication, or other use by you, or by any user of your account, of any such content or other works is prohibited, except as expressly permitted by Hughes.

10 NO ENDORSEMENT.

Hughes does not endorse or in any way vouch for the accuracy, completeness, truthfulness, or reliability of any service, opinion, advice, communication, information, or other content on or made available through the Service. Such content does not necessarily constitute or reflect the views or approval of Hughes or any of its subsidiaries or affiliates.

11 INTERNET.

YOU ACKNOWLEDGE THAT INTERNET SITES, AND USE OF THE INTERNET, MIGHT CONSIST OF, INCLUDE AND/OR PROVIDE ACCESS TO IMAGES, SOUND, MESSAGES, TEXT, SERVICES, OR OTHER CONTENT AND MATERIAL THAT MAY BE UNSUITABLE FOR MINORS AND THAT MAY BE OBJECTIONABLE TO MANY ADULTS. YOU ACKNOWLEDGE THAT HUGHES IS NOT RESPONSIBLE FOR ANY SUCH CONTENT OR MATERIAL AND THAT ACCESS TO SUCH CONTENT AND MATERIAL THROUGH THE SERVICE IS AT YOUR SOLE RISK.

12 LIMITED WARRANTY ON EQUIPMENT.

Hughes warrants to the original buyer that under normal use and wear the equipment used to access the Service (the “Equipment”), which includes the Indoor Unit (satellite modem), Power Supply, and Outdoor Unit (Antenna & Radio Assembly), will be free from defects in material and workmanship for a standard limited warranty term of 24 months from the date of activation. Any Equipment replaced or repaired under this warranty will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. This warranty is not transferable. If under normal use and wear, the Equipment becomes defective in materials or workmanship during the warranty period set forth above, Hughes shall at its option and expense, perform one of the following:

– We will repair or replace the defective Equipment within thirty (30) days of the date the defective Equipment was returned to Hughes’ designated address at your expense, to cause it to comply with the terms of this Limited Warranty. Reconditioned replacement components, parts, units or materials may be used if the Equipment is repaired or replaced.

– If service to the Outdoor Unit (satellite antenna and transmitter) is required, Hughes will, at its expense, repair or replace it pursuant to the limited warranty for the first six months after installation. From six months to the end of your limited warranty period, Hughes will cover the cost of the replacement equipment, but the cost of the onsite service technician visit, if necessary, will be paid by you. You may request a price estimate prior to the work, based on the type of the replacement. If your satellite antenna needs to be re-pointed after the first 6 months of service, a standard onsite visit fee will be charged to you. Reconditioned replacement components, parts, units, or materials may be used if the Equipment is repaired or replaced.

– We may upgrade the Equipment to a later-generation product that performs the same function and complies with the terms of this Limited Warranty.

THESE ARE YOUR SOLE AND EXCLUSIVE REMEDIES FOR DEFECTS DURING THE WARRANTY PERIOD IN ANY EQUIPMENT COVERED BY THE LIMITED WARRANTY. To request Limited Warranty service you must contact Hughes Customer Service, toll-free, at 1-866-347-3292 within the Limited Warranty period.

This Limited Warranty will be void in its entirety if the Equipment is serviced by anyone other than Hughes or a Hughes-Authorized Service Center. Hughes neither assumes nor authorizes any Authorized Service Center or any other person or entity to assume any other obligation or liability beyond that which is provided for in this Limited Warranty.

This Limited Warranty does not cover damage or affected operation of the above-referenced Equipment resulting from:

– Non-professional installation; re-pointing of the Antenna; removal, repair, or disassembly of Equipment by anyone other than a Hughes-Authorized Service Technician.

– Failure to follow instructions.

– Fire, flood, wind, lightning, earthquake, or other acts of God.

– Spills of food or liquids.

– Problems with electrical power.

– Misuse, abuse, accident, vandalism, alteration, or neglect.

– Use in combination with other external devices not manufactured or provided by Hughes.

This Limited Warranty does not cover items in the following categories:

– Software provided by any party other than Hughes.

– External devices not manufactured or provided by Hughes.

– Any payments for labor or service to representatives or service centers not authorized by Hughes.

EXCEPT AS SPECIFICALLY PROVIDED ABOVE, THE EQUIPMENT IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, HUGHES DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE EQUIPMENT IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE EQUIPMENT IS ASSUMED BY YOU.

No oral or written information or advice given by Hughes, its dealers, distributors, agents, or employees, shall create a warranty or in any way increase the scope of this warranty, and you may not rely on any such information or advice. This warranty gives you specific legal rights. You may have other rights, which vary from state to state.

All liability and obligations of Hughes under this Limited Warranty shall terminate upon expiration of the applicable warranty period provided herein. This Limited Warranty sets forth the entire responsibility of Hughes with respect to the Equipment. Hughes shall have no further liability to you or to any third party arising from the sale of the products whether based on warranty, contract, negligence, or other theories of liability. HUGHES SHALL HAVE NO LIABILITY FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY NATURE ARISING OUT OF HUGHES’ BREACH OF THIS LIMITED WARRANTY, WHETHER SUCH DAMAGES AROSE IN CONTRACT OR TORT, AND WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE. In no event shall Hughes liability exceed the amount paid by you for the Equipment.

Hughes may, at its option, elect to ship replacement equipment in advance of receiving a failed item from you. If you do not return such failed modem to the address specified by Hughes within 20 days of Hughes shipping your replacement modem, you agree to pay, and Hughes will automatically charge your account an Unreturned Equipment Fee equal to $100.00 (for modem and power supply). This fee will be collected in addition to your monthly service charge via your standard payment method (your credit/debit card on file or via invoice).

13 DISCLAIMER OF WARRANTIES ON THE SERVICE AND EXCLUSION OF LIABILITY.

13.1 WARRANTY DISCLAIMER.

HUGHES DOES NOT OFFER ANY WARRANTY IN CONNECTION WITH THE SERVICE OR THE SUBSCRIBER EQUIPMENT. THE SERVICE IS MADE AVAILABLE 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 OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. HUGHES EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED, OR OPERATE AT ANY MINIMUM SPEED. YOU AGREE THAT YOUR USE OF THE SERVICE AND THE SUBSCRIBER EQUIPMENT, AND SUCH USE BY ANYONE USING YOUR ACCOUNT, IS AT YOUR SOLE RISK. NO ORAL ADVICE OR WRITTEN INFORMATION PROVIDED BY HUGHES, ITS EMPLOYEES, DEALERS, OR THE LIKE SHALL CREATE A WARRANTY.

13.2 LIMITATION OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER HUGHES NOR ANY OF ITS INFORMATION OR CONTENT PROVIDERS, SERVICE PROVIDERS, LICENSORS, EMPLOYEES, OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO USE THE SERVICE WITHOUT LIMITING THE FOREGOING. IF FOR ANY REASON ANY PORTION OF THE FOREGOING LIMITATION OF LIABILITY SHALL BE VOIDED, THEN IN SUCH EVENT THE MAXIMUM, SOLE, AND EXCLUSIVE LIABILITY OF HUGHES, ITS DEALERS, DISTRIBUTORS, AGENTS, EMPLOYEES, OR THIRD-PARTY CONTENT PROVIDERS, IF ANY, SHALL BE LIMITED TO AN AMOUNT NOT TO EXCEED THE TOTAL AMOUNT ACTUALLY PAID TO HUGHES BY YOU FOR SERVICES FURNISHED UNDER THIS AGREEMENT FOR THE PERIOD OF TIME COMMENCING UPON THE OCCURRENCE OF SUCH ERROR, DEFECT, OR FAILURE, AND CEASING UPON THE DISCOVERY AND RECTIFICATION OF SUCH, IN WHOLE OR IN PART; PROVIDED, HOWEVER, THAT IN NO EVENT SHALL SUCH PERIOD OF TIME EXCEED THE TWELVE- (12-) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE WHICH SUCH ERROR, DEFECT, OR FAILURE IS FIRST DISCOVERED IN WHOLE OR IN PART.

Without limiting the foregoing, Hughes shall not be responsible for: (a) any failure to transmit or store, or for any deletion of, any communication, message, email, or content transmitted through, sent to, or received by the Service or Hughes’ servers; or (b) any modification, suspension, interruption, or discontinuance of the Service.

13.3 FULL APPLICABILITY.

THE FOREGOING EXCLUSIONS OR LIMITATIONS OF LIABILITY APPLY REGARDLESS OF ANY ALLEGATION OR FINDING THAT A REMEDY FAILED OF ITS ESSENTIAL PURPOSE, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY (INCLUDING WITHOUT LIMITATION NEGLIGENCE) AND EVEN IF HUGHES OR OTHERS ARE ADVISED OR AWARE OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OR LIABILITY.

14 INDEMNITY.

You agree to indemnify and hold harmless Hughes against all claims, liability, damages, costs, and expenses, including but not limited to reasonable attorneys’ fees, arising out of or related to this Agreement, any and all uses of your account, and your use of the Service. This includes, without limitation, responsibility for all such consequences resulting from actions by you or any user of your account in violation of this Agreement, the Acceptable Use Policy, or any law or regulation.

15 LIABILITY FOR UNAUTHORIZED USE.

You agree to notify us immediately after you sell, give away, or otherwise transfer your Equipment to anyone else. You are considered the registered recipient of the Service until Hughes receives such notice, and you will be liable for any charges or fees incurred by the use of your Equipment by anyone else up to the time that Hughes receives your notice, unless otherwise provided by State law. You may not assign or transfer your service without Hughes’ written consent. If you do, Hughes may inactivate your service. If your Equipment is stolen or otherwise removed from your premises without your authorization, you must notify the HughesNet Customer Care Center immediately, or else you may be liable for payment for unauthorized use of your Equipment system. You will not be liable for unauthorized use after Hughes has received your notification.

16 PROPRIETARY RIGHTS.

All copyright or other proprietary rights notices contained in or associated with the content available through the service must be preserved on any copies made of such material; provided, however, that no copies shall be made in violation of Section 7 or any other provision of this Agreement. The placement of copyrighted material in any public posting area, or any software library, without the consent of the copyright owner is prohibited. Nothing in this Agreement may be construed to convey to you any interest, title, or license in the user ID, email address, Universal Resource Locator (“URL”), IP address, or domain name used by you in conjunction with the Service.

PART VI – GENERAL

17 LIMITS ON TRANSFERS; NO RIGHT OF SURVIVORSHIP.

Unless otherwise agreed in writing, your right to use the Service, or to designate other users of your account, is not transferable and is subject to any limits established by Hughes. Your right to use your user ID, email address, and other unique identifiers assigned to you by Hughes shall terminate upon the termination of this Agreement. This Agreement will terminate immediately upon your death.

18 CHOICE OF LAW.

This Agreement is made in the State of Maryland. This Agreement and all of the parties’ respective rights and duties in connection herewith, including, without limitation, claims for violation of state consumer protection laws, unfair competition laws, and any claims in tort shall be governed by and construed in accordance with the laws of the State of Maryland, in the United States, excluding its conflicts of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement, and it is acknowledged that this is a services contract and not a contract for the sale of goods. You agree that this Agreement is set forth in the English language for the mutual convenience and benefit of the parties. A printed version of this Subscription Agreement and of any notice given in electronic form shall be admissible in judicial and administrative proceedings relating to or based upon this Subscription Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

19 ELECTRONIC DELIVERY POLICY AND YOUR CONSENT.

By applying for or using the Service, you consent to receive all agreements, disclosures, policies, notices, and other information (collectively, Notices) provided by Hughes or its affiliates via paper, aural, and/or electronic delivery at Hughes’ sole and absolute discretion. For purposes of example and not limitation, Hughes may deliver or display Notices to you by email, pop-up window, or posting a message on the Service or the Hughes Website. You agree that certain supplemental or enhanced services made available to subscribers may also have their own procedures for providing Notices.

20 CONSTRUCTION AND DELEGATION.

Neither the course of conduct between parties nor trade practice shall act to modify the provisions of this Agreement. Hughes may authorize or allow its contractors and other third parties to provide services necessary or related to making the Service available and to perform obligations and exercise Hughes’ rights under this Agreement, and Hughes may collect payment on their behalf, if applicable. The provisions of any Sections of this Agreement, which by their nature should continue, shall survive any termination of this Agreement.

21 MISCELLANEOUS.

21.1 Notice; Severability.

Where notification by Hughes is contemplated by or related to this Agreement, notice may be made by any reasonable means, including without limitation email or publication over the Service. If any term of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, it shall be construed in such a way as to eliminate the offending aspects while still giving as much effect as possible to the intentions of such term. Where an entire provision is invalid, illegal, or unenforceable and cannot be so repaired, then the term shall be considered to be stricken from this Agreement as if it had not been included. In any such case, the balance of this Agreement shall remain in effect in accordance with its remaining terms notwithstanding such invalid, illegal, or unenforceable term.

21.2 No Waiver.

Hughes may enforce or decline to enforce any or all of the terms of this Agreement in its sole discretion without waiving its rights to enforce such provisions in the future. In no event shall Hughes be required to explain, comment on, suffer liability for, or forfeit any right based on its enforcement, non-enforcement, or consistency of enforcement of these terms.

21.3 Captions.

Captions used in this document are for convenience only and shall not be considered a part of this Agreement or be used to construe its terms or meaning.

21.4 Statute of Limitations.

You agree that, regardless of any statute to the contrary, any claim or cause of action arising from or related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

22 ASSIGNMENT OF ACCOUNT.

Hughes may sell, assign, or transfer your account to a third party without notice to you.

23 ENTIRE AGREEMENT.

This Agreement, as published over the Service and available on the Website, as well as the additional online documents specifically referred to herein as being a part of this Agreement (e.g., the Acceptable Use Policy), constitute the entire and only agreement with respect to the subject matter hereof between you and Hughes. This Agreement supersedes all representations, proposals, inducements, assurances, promises, agreements, and other communications with respect to the subject matter hereof except as expressly set forth in this document. By applying for or using the Service, you agree to the terms and conditions of this Agreement. This Agreement can be amended only in the manner expressly provided for herein.

 

LEGAL TERMS AND CONDITIONS FOR CUSTOMERS WHO SUBSCRIBED TO HUGHESNET AFTER 09-01-14

The following terms and conditions are valid for residential HughesNet customers who purchased after September 1, 2014.

General Terms

HughesNet® service is available in the contiguous U.S. with an unobstructed view of the southern sky, and its usage is subject to the Fair Access Policy. Actual speeds vary based on the amount of traffic on the Internet, content on a particular Website, or by the overall performance and configuration of your computer. Stated speeds and uninterrupted use of service are not guaranteed. Actual speeds will likely be lower than speed indicated during peak hours.

Listed speeds for the Power 200 Service Plan are available only through Hughes’ newest satellite. The majority of subscribers will have access to these faster speeds. However, approximately 1% of customer locations will have trees or other obstacles that block the signal from the satellite to the home. For these customers, the Power 200 Service Plan will not be available.

Professional installation is required. Monthly service fees apply. Sales, use, and personal property taxes are related surcharges and are not included.

Equipment

You specifically agree that any Equipment provided to you may be new or refurbished as new. Any refurbished Equipment will have the same warranty as new Equipment. If you purchase your Equipment from Hughes, and the Equipment installed at your location is refurbished, in consideration of our provision of such refurbished Equipment, we will provide you with a $25 credit on your first Service invoice.

If you lease Equipment from Hughes, the modem, power supply, and radio (outdoor transmitter) remain the property of Hughes and shall not be deemed fixtures or part of your realty. You shall have no right to pledge, sell, mortgage, or otherwise encumber, give away, remove, relocate, alter, or tamper with the Equipment (or any notice of our ownership thereon) at any time. Any reinstallation, return, or change in the location of the Equipment shall be performed by us at our service rates in effect at the time of such service. You are responsible for preventing the loss or destruction of leased Equipment and we recommend that your Equipment be covered by your homeowner’s, renter’s, or other insurance policy.

Service Commitment

HughesNet Service Plans require a minimum service commitment of 24 months. If you terminate service prior to the expiration of the commitment, you will owe, and your credit or debit card will be charged, the Early Termination Fees and/or Unreturned Equipment Fees as described below.

Early Termination: Purchase Option (equipment and standard installation purchased upfront)

If you cancel your order before installation, you will be refunded the amount that was collected at time of order.

If you cancel after activation but before the end of your 24-month term commitment, you will be charged a Service Termination Fee of up to $400. The exact amount of the Service Termination Fee will be $400 for the first ninety (90) days after activation of the HughesNet Service. Thereafter, the amount will decrease by $15 per month for each month of active Service.

Early Termination: Lease Option

If you cancel your order before installation, you will be refunded the amount that was collected at time of order.

If you cancel after activation but before the end of your 24-month term commitment, you will be charged a Service Termination Fee of up to $400. The exact amount of the Service Termination Fee will be $400 for the first ninety (90) days after activation of the HughesNet Service. Thereafter, the amount will decrease by $15 per month for each month of active Service.

Further, you must return your HughesNet modem, power supply, and radio in good condition within 45 days of cancellation date or be charged a $300 Unreturned Equipment Fee ($100 for the modem and power supply and $200 for the radio transmitter).

If you cancel after the end of your 24-month term commitment, you must return your HughesNet modem, power supply, and radio.

If you are terminated by Hughes for non-payment or any other reason, the Early Termination Fee and the Unreturned Equipment Fee will be charged immediately upon cancellation. If you return your HughesNet modem, radio, and power supply, your account will be credited $300 ($100 for the modem and power supply and $200 for the radio transmitter).

For customers eligible or required to return equipment, Hughes will provide instructions on how to de-install and return the required equipment. You are not required to return, and Hughes is not obligated to de-install, the antenna, mount, or any cables. If you elect to have the complete system or the antenna, mount, and any cables professionally de-installed, you will be responsible for all applicable de-installation charges. You will not receive a credit for installation charges or other fees.

Online Ordering

YOU AGREE AND ACCEPT THAT HUGHES NETWORK SYSTEMS, LLC (HUGHES) IS AUTHORIZED TO USE YOUR CREDIT OR DEBIT CARD FOR THE PURPOSE OF: (1) CHARGING YOU FOR THE UPFRONT FEES REQUIRED TO RECEIVE HUGHESNET, INCLUDING PAYMENT FOR EQUIPMENT AND INSTALLATION; (2) CREATING A HUGHES/HUGHESNET CUSTOMER ACCOUNT; (3) CHARGING YOU FOR YOUR MONTHLY SERVICE AND/OR LEASING FEES AND ANY EQUIPMENT OR INSTALLATION FEES THAT MAY APPLY; AND (4) CHARGING ANY APPLICABLE EARLY TERMINATION FEES AND/OR UNRETURNED EQUIPMENT FEES.

Home Networking

Home networking equipment is not included with your HughesNet system. For network setup, support, and configuration, contact your network hardware manufacturer and/or operating system software developer. (Hughes is not responsible for home network configuration or management).

Please note that all computers on a home network will be sharing a single connection. Simultaneous use of high-bandwidth applications by multiple users may result in degradation of download and surfing speeds, and are subject to the Fair Access Policy.

Revised 02-24-14

To ensure fair Internet access for all HughesNet® subscribers, Hughes maintains a Fair Access Policy. This policy establishes an equitable balance in Internet access for all HughesNet subscribers. Hughes assigns a Download Allowance to each service plan that limits the amount of data that may be continuously downloaded within specified time periods. Subscribers who exceed this limit will experience a temporary reduction of speed.

Home Plans 24-Hour Download Allowance

  Basic 250 MB

  Power 150 350 MB

  Power 200 450 MB

Other service plans – promotional and legacy

Business Plans 24-Hour Download Allowance

  Connect 100 250 MB

  Connect 150 350 MB

  Express 200 450 MB

  Express 300< 850 MB

  Express 500 850 MB

How does the Fair Access Policy work?

The policy is implemented automatically by monitoring your usage over a rolling 24-hour period. Each HughesNet service plan is assigned a Download Allowance. The Download Allowance is the amount of data (in bytes) which can be downloaded by a subscriber without restriction within a rolling 24-hour period. As you download at a high rate, your allowance will be depleted. During periods of low use, your remaining allowance will slowly recover. When your usage over the past 24 hours exceeds that allowance, you will enter the Recovery Zone, and your download speeds will be reduced. During the Recovery Zone, your Download Allowance is slowly replenished, and after approximately 24 hours, your download speed will be restored. If you continue to use your service to download in the Recovery Zone, it may take more than 24 hours for your Allowance to be replenished and your speed to return to normal.

What happens if I don’t use all of my daily Download Allowance?

Great News! Due to some recent improvements in the HughesNet technology, you can now “bank” unused portions of your daily Download Allowance in the Download Bank. This banking of unused data has the effect of increasing the Download Allowance by the amount of the unused data from the prior 24-hour period. If you subscribe to the Basic plan, which has a daily Download Allowance of 250 MB, and you’ve only used 100 MB of data during the previous 24-hour period, your Download Allowance for the next 24-hour period will be 250 MB, plus the unused 150 MB from the previous 24 hours, for a total of 400 MB. The Download Bank will allow you the flexibility to download larger files when you really need to, without disrupting your service.

Does the Download Bank apply to all HughesNet Plans?

The Download Bank applies to all the HughesNet Plans listed above. In addition, it also applies to the following “legacy” HughesNet plans: Home, Pro, ProPlus, Elite, ElitePlus, ElitePremium, and BI100 and BI700.

Does unused data in the Download Bank expire?

Today, the Download Allowance is based on a rolling 24-hour period. Subject to the Download Bank caps as listed below, unused data will not expire and will carry over into the Download Bank. The Download Bank can accumulate up to a two-day supply of your service plan’s Download Allowance.

   Plan 24-Hour Download Allowance Download Bank

   Basic 250 MB 250 MB x 2 = 500 MB

   Power 150 350 MB 350 MB x 2 = 700 MB

   Power 200 450 MB 450 MB x 2 = 900 MB

Who is affected by the Fair Access Policy?

Some users consume much more bandwidth than the average user, and they will experience reduced download speeds as a result of exceeding their Download Allowance. You may be surprised to find that the top one percent (1%) of users download 9 times more the average user. By providing a Download Allowance, more of the shared bandwidth is made available for everyone to use. Most users will have a better experience as a result of the Fair Access Policy.

Online activities such as viewing Websites, checking email, watching video clips or similar short streaming media, and automatic software updates are unlikely to cause you to exceed the Download Allowance..

Typically, on the Basic plan, to reach your download limit in a 24-hour period, you would have to download any of the following:

67 photos (at 3 MB each)

50 songs (at 4 MB each)

10 video clips (at 20 MB each)

Does the Fair Access Policy apply to uploads or downloads?

Currently, the Fair Access Policy applies only to downloads – that is, data that you receive from the Internet. Uploads, for example sending photos in your email, are not counted against your Download Allowance.

What activities may cause a subscriber to exceed their Download Allowance?

Some activities are more likely to exceed the Download Allowance and trigger the application of the Fair Access Policy. Several examples are listed below:

Full-length movie or video downloads (e.g., Netflix streaming movies)

Downloading very large files (i.e., file sizes that are close in size to the Download Allowance of your service plan)

Peer-to-peer (P2P) file sharing programs such as Napster, Kazaa, or LimeWire

Continuous downloading or viewing streaming media content such as audio or video programming

Hosting of server devices such as email, FTP, or Web servers

Hosting computer applications such as Web-cam feeds

Internet-based PC backup services that archive your data on a central server

Extensive downloading of attachments from Usenet Newsgroups (NNTP)

Use of BitTorrent applications

Excessive downloading or use of the services described above may cause subscribers to exceed their Download Allowance and have their download speed reduced under the Fair Access Policy.

Note that all data downloaded to your PC or PCs will count against your Download Allowance. We encourage you to take a close look at the software you install and understand how it will use your Internet connection.

What will my Internet access be like in the Recovery Zone?

During the Recovery Zone, when your Download Allowance is exceeded, you will experience reduced download speeds for about 24 hours. During this period, your HughesNet service can still be used for activities such as Web browsing and viewing emails, but speeds will be significantly slower than your standard plan rate.

If I exceed my Download Allowance, what should I do?

Minimize your heavy bandwidth activities. If you continue to download heavily during the Recovery Zone, the period will be extended. If you frequently exceed your Download Allowance, or if you find that your Download Allowance is too small for your needs, you might consider upgrading your service plan.

How do I verify whether I have exceeded my Download Allowance?

You can track your past usage and Fair Access Policy status by going to www.myHughesNet.com, clicking on Customer Care, then clicking on the Check My Usage link in the Resources section.

What is the Download Zone?

The Download Zone is the off-peak hours of the day, when you can download data at full speed without counting against your Download Allowance. The hours of use start at 2:00 am and end at 7:00 am, local time, for customers with an HN9000 modem. The hours for customers with an HN9200, HN7000, or HN6000 modem remain from 2:00 am – 7:00 am, Eastern time.

Why was the Download Zone implemented?

This period has been provided for HughesNet subscribers to schedule the downloading of automated updates or to download other large files.

Are there any limitations to what I can do during the Download Zone?

Yes. Download speeds are not guaranteed during these hours and the HughesNet Acceptable Use Policy is still in effect.

Does data transmitted during the Download Zone count in determining whether I will have any data left for the Download Bank?

No. Any data transmitted during the Download Zone does not count against your daily Download Allowance, so it will not affect how much data you have left for the Download Bank for the next 24-hour period.

What do you recommend I do during the Download Zone?

We recommend that you automatically schedule your system updates during the Download Zone. If you install HughesNet Tools, your Windows Updates will automatically be scheduled for this period. You can also use a download manager software application to automatically schedule large file downloads to occur during the Download Zone.

If I have exceeded my Download Allowance, will using my service during the Download Zone extend the duration of my reduced download speed?

No, downloading during the Download Zone will not extend the Recovery Zone.

What will happen if I'm in the middle of a large download at the onset of the Download Zone?

If your speed is reduced at the start of the Download Zone, your download speed will return to your normal plan rate, and the downloaded data will not increase your recovery time. If your speed was not reduced (that is, you had not exceeded your Download Allowance), your usage during the Download Zone will not be counted toward your Download Allowance.

What will happen if I'm in the middle of a download at the end of the Download Zone?

If you were over your Download Allowance at the start of the Download Zone, your download speeds will be reduced again at the end of the Zone. If you were not over your Download Allowance, then the usage during the Download Zone will not count against your allowance, but the portion of the download that occurs after the Zone ends will begin to count against your Allowance.

Can I still use the Download Zone if I have already exceeded my Download Allowance?

Yes – during the Download Zone, all users may download without any speed restrictions, subject to your plan’s rate and available capacity.

My Download Allowance meter does not seem to match my usage reported on the Check Usage page. Why?

The Download Allowance status, available through the HughesNet Status Meter application or via your terminal’s System Control Center, reflects the actual number of bytes you can download before your download speeds are reduced. This status comes from your gateway in real time as you receive data. The Check Usage page displays the total historical data downloaded and uploaded from your terminal. This data comes from usage records which are updated hourly. Based on network policies and system status, some data transmitted to your terminal may not be counted against your Download Allowance, but all data will be recorded on the Check Usage site for reference. For example, any data that you downloaded during the Download Zone will be reflected on the Check Usage page but will not be counted against your Download Allowance. Your Download Allowance will always be at least the amount specified for your service plan.

 

HughesNet Acceptable Use Policy

1. INTRODUCTION.

The Acceptable Use Policy ("AUP") of Hughes Network Systems, LLC (Hughes) and the HughesNet® Service is intended to help enhance the use of the Internet by preventing unacceptable use. All users of HughesNet service (the "Service") – those who access some of our Service but do not have accounts ("Visitors"), as well as those who pay a monthly service fee to subscribe to the Services ("Subscribers") – must comply with this AUP. We support the free flow of information and ideas over the Internet and do not actively monitor use of the Services under normal circumstances. Similarly, we do not exercise editorial control over the content of any Website, electronic mail transmission, newsgroup, or other material created or accessible over or through the Services, except for certain proprietary Websites. However, in accordance with our Subscriber Agreement, we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. Hughes may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Your violation of this AUP may result in the suspension or termination of either your access to the Service and/or your HughesNet account.

2. VIOLATIONS OF ACCEPTABLE USE POLICY.

The following constitute violations of this AUP:

2.1 UNSOLICITED BULK COMMUNICATIONS.

You may not use the Service to send unsolicited bulk communications, including through email. Similarly, you may not authorize others to use your account or sub-accounts to send unsolicited bulk communications, or cause unsolicited bulk communications to be sent by someone else. You may not harvest or collect information about HughesNet users from the HughesNet Service, including screen names, and use that information for the purpose of sending unsolicited bulk communications. Any violation of these provisions may result in immediate termination of your subscription and further legal action. You agree that Hughes may take any legal and technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining within the HughesNet Service or its facilities.

2.2 OTHER 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 libelous, defamatory, invasive of another person’s privacy, 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 might be legally actionable for any reason, or hurts minors in any way; (c) to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service; (d) to intentionally or unintentionally violate any applicable local, provincial, state, national, or international law, including, but not limited to, rules, orders, and regulations having the force of law; (e) 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 to penetrate our security measures or other entities' systems ("hacking") whether or not the intrusion results in corruption or loss of data; (f) 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; (g) to transmit unsolicited voluminous emails (for example, spamming) or to intercept, interfere with, or redirect email intended for third parties using the Service; (h) to introduce viruses, worms, harmful code, and/or Trojan horses on the Internet; (i) to post information on newsgroups which is not in the topic area of the newsgroup; (j) to interfere with another person's usage or enjoyment of the Internet or this Service; (k) 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; (l) to damage the name or reputation of HughesNet, Hughes Network Systems, or its affiliates and subsidiaries, or any third parties; (m) to transmit confidential or proprietary information, except solely at your own risk; (n) to violate our or any third party's copyright, trademark, proprietary, or other intellectual property rights, including trade secret rights; (o) to generate excessive amounts (as determined in our sole discretion) of Internet traffic, or to disrupt net user groups or email use by others; (p) to engage in activities designed to or having the effect of degrading or denying Service to HughesNet users or others (including activities that compromise a server, router, circuit, or software); (q) to use any name or mark of HughesNet, Hughes Network Systems, or its parent, affiliates, or subsidiaries, as a hypertext link to any Website or in any advertising publicity or other commercial manner; (r) to use your HughesNet account for the purpose of operating a server of any type; (s) to use the Service or the Internet in a manner intended to threaten, harass, or intimidate others; (t) 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; (u) to use the Service to disrupt the normal flow of online dialogue; (v) to use the Service to violate any operating rule, policy, or guideline of any other online services provider or interactive service; (w) to attempt to subvert, or to aid third parties to subvert, the security of any computer facility or system connected to the Internet; (x) to impersonate any person or using a false name while using the Service; (y) 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; (z) to make false or unverified complaints against any HughesNet subscriber, or otherwise abusing any of our complaint response procedures; (aa) to export software or any information in violation of US export laws; or (bb) to use the Service in contravention of the limitations of the pricing plan you have chosen.

2.3 NOTICE REGARDING HUGHES’ POSITION ON CHILD PORNOGRAPHY.

Hughes takes its commitment to protect children from exploitation over the Internet extremely seriously. Consequently, Hughes is working hand-in-hand with the National Center for Missing and Exploited Children (NCMEC) and other law enforcement agencies on this important project. One of the efforts that Hughes has undertaken in this regard is to establish a specially designated email address, cp-abuse@hughes.net, for complaints about child pornography. Hughes further commits that all complaints received shall be investigated promptly, generally within three (3) business days or less. No Hughes facilities or services may be used by in any fashion for the transmission or dissemination of images containing child pornography.

3. REVISIONS TO THIS ACCEPTABLE USE POLICY.

Hughes may revise, amend, or modify this AUP, at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with the terms set forth in the Subscriber Agreement.

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HUGHES® manages the HughesNet® network with one goal: to deliver the best possible high-speed Internet experience to all of its customers. High-speed bandwidth and network resources are not unlimited. Managing the network is essential to promote the use and enjoyment of the Internet by all of our customers. We use reasonable network management practices that are consistent with industry standards. In furtherance of our commitment to achieving this goal, we also try to use tools and technologies that are minimally intrusive. Just as the Internet continues to change and evolve, so, too, will our network management practices change to address the challenges and threats on the Internet. If we didn't manage our network, our customers would be subject to the negative effects of spam, viruses, security attacks, network congestion, and other risks and degradations of the service. By engaging in reasonable and responsible network management, Hughes can deliver the best possible broadband Internet experience to all of its customers.

How does Hughes manage its network?

Hughes uses various tools and techniques to manage its network, deliver its service, and ensure compliance with the Acceptable Use Policy and the Subscriber Agreement. Most of these tools and techniques will be completely transparent to our users, and will have no impact on any of our users’ Internet experiences. These tools and techniques are dynamic, like the network and its usage, and can and do change frequently in order to address new issues and challenges that arise and to take advantage of advances in technology. For example, these network management activities may include identifying spam and preventing its delivery to customer email accounts, detecting malicious Internet traffic and preventing the distribution of viruses or other harmful code or content, and using other tools and techniques that Hughes may be required to implement in order to meet its goal of delivering the best possible broadband Internet experience to all of its customers. Hughes only uses these tools and techniques when and to the extent that their use is necessary or appropriate to protect our network and/or our customers’ Internet experiences. In addition, Hughes also has a Fair Access Policy to ensure that the highest number of HughesNet customers enjoy the best possible HughesNet Service.

Does Hughes prioritize certain kinds of traffic as part of Network Management Practices?

Hughes prioritizes traffic through the network based on traffic type, especially during periods of network congestion, with the aim of optimizing the performance of latency-sensitive applications such as Web browsing. During such periods, secure Web browsing (which is used during e-commerce transactions) is given the highest priority, followed by non-secure Web browsing. During such periods, other traffic, such as bulk downloads, is given lower priority. Hughes may change these priorities, and the relative weighting between them, based on network utilization and application performance. Hughes does not prioritize based upon the content provider or source of the content.

Does Hughes block P2P traffic or applications like BitTorrent, Gnutella, or others?

No. Hughes does not block Peer-to-Peer (P2P) traffic or applications like BitTorrent, Gnutella, or others as part of its network congestion management techniques. In order to ensure fair access to all types of traffic, however, we limit the network capacity available for P2P applications, which has the effect of reducing the priority of such traffic. P2P applications are detected based on deep packet inspection and the use of industry-standard heuristics, and are not based on specific port numbers or applications.

Does Hughes discriminate on the basis of the source of online content?

No. Hughes provides its customers with full access to all the lawful content, services, and applications that the Internet has to offer. As indicated above, we evaluate the type of content (Web, mail, P2P, file transfer) and assign it a priority. We do not discriminate on the basis of the content provider or source or the content. However, we are committed to protecting customers from spam, phishing, and other unwanted or harmful online content and activities. Hughes uses industry-standard tools and generally accepted best practices and policies to help it meet this customer commitment.

Where do I turn if I have questions or comments for Hughes?

If you have any questions about the Hughes Network Management Practices or want to know what steps are taken in an effort to maximize our customers’ satisfaction with the HughesNet experience, please determine your preferred contact method by visiting the Hughes Website at support.hughes.com or call the HughesNet Customer Service Center at 1-866-347-3292.

Revised 11-28-11

(Effective for Customers who have subscribed to the HughesNet Voice Service after 10/01/14)

HughesNet Voice Service Addendum before 10/01/14

Thank you for choosing the HughesNet® Voice Service!

PLEASE READ THIS ENTIRE HUGHESNET VOICE SERVICE ADDENDUM CAREFULLY. IT IS AN ADDENDUM TO YOUR HUGHESNET RESIDENTIAL SUBSCRIBER AGREEMENT (THE “SUBSCRIBER AGREEMENT”) AND, TOGETHER WITH THE REST OF THE SUBSCRIBER AGREEMENT AND THE HUGHESNET SUBSCRIBER PRIVACY POLICY, GOVERNS YOUR USE OF THE HUGHESNET VOICE SERVICE.

EXCEPT WHERE OTHERWISE INDICATED IN THIS ADDENDUM, ALL OF THE TERMS AND CONDITIONS OF THE SUBSCRIBER AGREEMENT APPLY TO THE HUGHESNET VOICE SERVICE.

1. SERVICE DESCRIPTION AND LIMITATIONS The HughesNet Voice Service (the “HughesNet Voice Service”) is an enhanced communications service involving the conversion of voice communications to Internet Protocol and carriage, in part, over Internet access lines. The HughesNet Voice Service may also include certain calling features to the extent offered by Hughes and requested by You, and which Hughes, in its sole discretion, may offer, modify, or cease to offer at any time or from time to time.

The HughesNet Voice Service requires electrical power and also requires an Internet connection. You acknowledge that the HughesNet Voice Service will not function in the event of a power failure or an interruption of the Internet connection over which the HughesNet Voice Service is delivered. In such event, and after power and/or the Internet connection has been restored, You may have to reset or reconfigure the Equipment provided by Hughes in connection with the HughesNet Voice Service (the “VoIP Equipment”) to re-enable the HughesNet Voice Service.

The HughesNet Voice Service requires that you acquire an analog terminal adapter (“ATA”) from Hughes. Any price paid for the ATA is not subject to refund.

You acknowledge that voice quality over Internet connections may be poor due to the inability to prioritize voice traffic over data traffic, or as a result of third-party networks or the public Internet. In addition, because the HughesNet Voice Service utilizes a satellite-based Internet access service, the latency, or gap between the time when You stop speaking to the time when the other person on the call hears your voice, will be longer than with a terrestrial based system. You acknowledge that Hughes has no responsibility to troubleshoot voice quality issues on Internet connections (other than those provided by the HughesNet Service), or any third-party networks or the public Internet.

You acknowledge that Hughes makes no promise or warranty as to whether any peripherals and/or other equipment not provided by Hughes, including, but not limited to, fax machines and modems, will properly function with the HughesNet Voice Service. In fact, such peripheral equipment is not likely to operate with the HughesNet Voice Service. You acknowledge that use of the HughesNet Voice Service in conjunction with third-party equipment is at Your own risk, and Hughes takes no responsibility whatsoever in connection with Your use of the HughesNet Voice Service with any peripherals or equipment not provided by Hughes.

You acknowledge that Hughes makes no promise or warranty as to whether the HughesNet Voice Service will operate with alarm, security, medical, and/or other monitoring systems and services (“Alarm Services”). You must ensure that all Alarm Services and related signal transmission services are tested to validate that they remain fully operational after installation of HughesNet Voice Service. You are solely responsible for obtaining such testing from the appropriate Alarm Service providers, ensuring that such testing is completed in a timely manner, and confirming that the Alarm Services and any related equipment, facilities, and systems that are connected to the HughesNet Voice Service operate properly. You are solely responsible for any and all costs associated with this activity.

If you have subscribed to the HughesNet Voice Service, the “Service” as defined in Section 2 (“The Service”) of the Subscriber Agreement includes the HughesNet Voice Service. UNLESS OTHERWISE EXPRESSLY INDICATED IN THIS ADDENDUM, ALL TERMS AND CONDITIONS OF THE SUBSCRIBER AGREEMENT APPLICABLE TO THE SERVICE ALSO APPLY TO THE HUGHESNET VOICE SERVICE.

2. SERVICE COMMITMENT, TERMINATION, AND SERVICE TERMINATION FEES

HughesNet offers two different Voice Service Plans. With one of the Voice Service Plans, you are committing to receiving Voice Services for a minimum specified term. With this Plan, if you terminate the HughesNet Voice Service after activation but prior to expiration of that commitment, you will owe, and your credit or debit card will be charged a Service Termination Fee, up to a maximum fee of $120. The amount of this Service Termination Fee will then decrease each month by an amount equal to $120 divided by the number of months of the commitment period. By way of example, assuming that your commitment period is 24 months, and you elect to terminate your Voice Service Plan after 6 months, the amount of Service Termination Fee will be $120 – (6 months x $5/month) or $90.

Section 1.3 (“Service Commitment and Early Termination Fees”) of the Subscriber Agreement shall not apply to the HughesNet Voice Service. ANY SERVICE TERMINATION FEE CHARGED WITH RESPECT TO THE HUGHESNET VOICE SERVICE SHALL BE IN ADDITION TO, NOT IN LIEU OF, ANY SERVICE TERMINATION FEE CHARGED PURSUANT TO SECTION 1.3 OF THE SUBSCRIBER AGREEMENT WITH RESPECT TO THE SERVICE.

If you elect to terminate the HughesNet Service, it is not necessary for you to also terminate the HughesNet Internet Access Service. A request to terminate the Voice Service shall not be treated as a request to terminate the Service. However, if you request to terminate the Service, this will be treated as a request to terminate the HughesNet Service, and you will be charged the Service Termination Fees, if any, applicable to both the Service and the HughesNet Voice Service.

You agree to provide Hughes with thirty (30) days’ notice of termination of the HughesNet Voice Service, subject to the Service Termination Fee to the extent applicable. You shall be responsible for the full monthly service fee for the month during which the notice of termination of service is provided to Hughes. Hughes reserves the right, at its sole discretion, to suspend, terminate, or change the HughesNet Voice Service without advance notice for any reason, including without limitation, misuse of the HughesNet Voice Service in any way, Your breach of this Addendum, Your failure to pay any sum due hereunder, suspected fraud, or other activity that adversely affects the HughesNet Voice Service, Hughes, Hughes's network, or other customers’ use of the Voice Service. Hughes reserves the right to determine, at its sole discretion, what constitutes misuse of the Voice Service, and You agree that Hughes's determination is final and binding on You. Hughes may require an activation fee to change or resume a terminated or suspended account.

3. EQUIPMENT.

You specifically agree that any ATA provided to you may be new or refurbished as new. Any refurbished ATA will have the same warranty as new Equipment. In the event you did not purchase your ATA, or if you were provided a credit equal to the price of the ATA, and you terminate your Voice Service prior to the expiration of your minimum commitment period, you must return the ATA to Hughes within 45 days of cancellation date or be charged a $75 Unreturned Equipment Fee.

THE ATA EQUIPMENT (“EQUIPMENT”) IS SUBJECT TO THE LIMITED WARRANTY, DISCLAIMERS, LIMITATION OF LIABILITY, AND OTHER TERMS AND CONDITIONS SET FORTH IN SECTION 12 (“LIMITED WARRANTY ON EQUIPMENT”) OF THE SUBSCRIBER AGREEMENT.

THE LIMITED WARRANTY AND REMEDIES SPECIFIED IN SECTION 12 (“LIMITED WARRANTY ON EQUIPMENT”) OF THE SUBSCRIBER AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES FOR DEFECTS DURING THE WARRANTY PERIOD IN ANY ATA EQUIPMENT COVERED BY THE LIMITED WARRANTY.

EXCEPT AS SPECIFICALLY PROVIDED IN SECTION 12 (“LIMITED WARRANTY ON EQUIPMENT”), THE ATA EQUIPMENT IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, HUGHES DOES NOT WARRANTY, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE ATA EQUIPMENTIN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE ATA EQUIPMENT IS ASSUMED BY YOU.

WITHOUT LIMITATION ON THE OTHER TERMS AND CONDITIONS OF SECTION 12 (“LIMITED WARRANTY ON EQUIPMENT”), HUGHES SHALL HAVE NO LIABILITY FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY NATURE ARISING OUT OF HUGHES’ BREACH OF THE LIMITED WARRANTY SPECIFIED IN SECTION 12, WHETHER SUCH DAMAGES AROSE IN CONTRACT OR TORT, AND WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE.

4. INTERNATIONAL SERVICE PLANS

The HughesNet Voice Service offers two separate International Service Plans – one for 200 international minutes per month and one unlimited International Plan. Both plans are subject to the HughesNet Voice Reasonable Use Policy found here. If you have not subscribed to one of these plans, you will not be able to place calls outside the United States and Canada. In addition, if you have subscribed to the 200-minutes plan, You will not be able to place such calls once the 200 minutes have been exhausted. Hughes will attempt, but make no guarantee, to provide You with aural notice once You have reached 198 minutes that your selected service plan is about to be exhausted. You may not roll over any unused minutes to the next month. Both International Service Plans provide calling service to approximately sixty (60) countries. A list of these countries can be found here. Calling to mobile phones is limited to the set of countries as appropriately identified in the list of countries. Both International Service Plans provide calling service to landline phones only in these countries. Calling to mobile phones is limited to the set of countries as appropriately identified in this list of countries.

5. PAYMENT

Fees, Taxes and other Charges. You agree to pay, in advance, and in accordance with the provisions of the billing option you selected, any registration, activation, and/or monthly fees, minimum charges, and other amounts charged to or incurred in connection with the HughesNet Voice Service by you, or by users of your account, at the rates in effect for the billing period in which those amounts are charged or incurred. You agree to pay all applicable taxes and Universal Service assessments related to your use of the HughesNet Voice Service or the use of the HughesNet Voice Service by users of your account. Information on charges and surcharges (if any) that are to be paid to us and are incurred by you or by users of your account will be made available to you on the Website, and you agree that this is sufficient notice for all purposes as to charges incurred and paid or to be paid to us. In addition, you also agree to pay a surcharge on your service to cover Hughes’ liability for the payment of personal property taxes which may be owing by Hughes in respect to any ATA Equipment provided pursuant to this Agreement. Hughes reserves the right to increase fees, surcharges, or monthly subscription fees, or to institute new fees at any time upon thirty (30) days’ prior notice. You understand and acknowledge that you may not receive a bill in the mail for your Service. Additional terms relating to pricing, billing, and payment are set forth and available on the Website.

A Regulatory Recovery Fee may be charged monthly to offset costs incurred by Hughes in complying with inquiries and obligations imposed by federal, state, and municipal regulatory bodies/governments and the related legal and billing expenses. This fee is not a tax or charge required or assessed by any government. The Regulatory Recovery Fee will apply to every phone number assigned, including toll-free and virtual numbers.

Method of Payment. Except where additional methods of payment are specifically required or permitted under applicable law or regulation, or where Hughes explicitly and in advance permits another method of payment, you agree that you will provide a major credit or charge card (i.e., MasterCard, Visa, American Express, or Discover) that Hughes may charge for all Service fees or other amounts payable under this Agreement (including Early Termination Fees and Unreturned Equipment Fees). Additionally, you agree that Hughes may pre-charge your monthly Service fee to the credit or charge card supplied by you during activation or subscription. You hereby authorize automatic credit or charge card billing by Hughes for all such charges. You further agree that the charges described above will be billed to the credit or charge card that you have provided when you applied for the Service.

Other Terms and Conditions of Payment. Sections 6.2 (“Payment”) and 6.3 (“Commencement and Duration of Subscriber Fees”) of the Subscriber Agreement apply to all charges incurred and payment in connection with the HughesNet Voice Service.

6. TELEPHONE NUMBERS

Any phone number provided by Hughes is leased and not sold. You are not to use the phone number with any other device other than the ATA Equipment without the express written permission of Hughes.

In the event You are not utilizing a new phone number for HughesNet Voice Service, but rather transferring to HughesNet Voice Service an existing phone number, which currently is subscribed to a carrier other than Hughes for local and/or long-distance telephone services, the terms and conditions of this paragraph shall apply:

– You shall authorize Hughes as Your designated agent to process your order for HughesNet Voice Service and to notify Your local telephone company of Your decision to switch local and/or long-distance telephone services to HughesNet Voice Service, and represent that You are authorized to take this action.

– You agree and acknowledge that if You set up ATA Equipment prior to the date that the number switch becomes effective (“Port Effective Date”), You may be able to make outgoing calls only over the phone You may then have connected to the Equipment. In such event, You should keep another phone connected to an existing phone extension at Your service location to receive incoming calls until the Port Effective Date, after which You will be able to both make and receive calls using the HughesNet Voice Service, and You shall at all times remain fully responsible for any and all charges, costs, and expenses that may arise as a result of Your use of the HughesNet Voice Service and/or the HughesNet Voice Equipment.

– You agree and acknowledge that if Your ATA Equipment is not yet activated as of the Port Effective Date, Your existing telephone service for the number You are transferring may be disconnected and You may have no service for that line. Therefore, to avoid an interruption in Your telephone service, it is extremely important that You install the Equipment prior to, or on, the Port Effective Date.

Upon expiration, cancellation, or termination of the HughesNet Voice Service, You will immediately relinquish and discontinue use of any phone numbers, voice mail access numbers, and/or web portals assigned to You by Hughes or its vendors, except any phone number validly ported to another service provider in accordance with applicable law.

7. 911 – EMERGENCY SERVICE

PLEASE READ THE INFORMATION BELOW ABOUT 911 DIALING CAREFULLY. BY ENROLLING IN, ACTIVATING, USING, OR PAYING FOR THE HUGHESNET VOICE SERVICE, YOU AGREE THAT YOU HAVE READ THIS ADDENDUM AND UNDERSTAND THE LIMITATIONS OF THE HUGHESNET VOICE SERVICE DESCRIBED HEREIN. YOU HEREBY ACKNOWLEDGE AND AGREE TO ALL OF THE INFORMATION BELOW REGARDING THE LIMITATIONS OF THE HUGHESNET VOICE SERVICE 911 CAPABILITIES (WHICH CONSIST OF EITHER "ALTERNATIVE 911" OR "E-911"), AND THE DISTINCTIONS BETWEEN SUCH CAPABILITIES AND TRADITIONAL WIRELINE 911 OR E-911 CAPABILITIES. YOU ALSO HEREBY AGREE (A) TO PROVIDE HUGHES WITH AN ACCURATE SERVICE ADDRESS, MEANING THE ACTUAL PHYSICAL LOCATION WHERE YOU WILL USE THE HUGHESNET VOICE SERVICE, AND (B) THAT YOU WILL NOT ATTEMPT TO USE THE HUGHESNET VOICE SERVICE AT ANY LOCATION OTHER THAN AT ITS DESIGNATED SERVICE ADDRESS. HUGHES RESERVES THE RIGHT TO TERMINATE SERVICE IN THE EVENT YOU DO NOT PROVIDE AND MAINTAIN AN ACCURATE SERVICE ADDRESS AND/OR IF YOU ATTEMPT TO USE HUGHESNET VOICE SERVICE AT ANY LOCATION OTHER THAN ITS DESIGNATED SERVICE ADDRESS.

YOU ACKNOWLEDGE AND AGREE THAT HUGHES HAS FULLY INFORMED YOU THAT THE HUGHESNET VOICE SERVICE DOES NOT SUPPORT TRADITIONAL WIRELINE E-911 CAPABILITY. YOU AGREE TO ADVISE ALL INDIVIDUALS OF THIS LIMITATION WHO MAY HAVE OCCASION TO PLACE CALLS OVER THE HUGHESNET VOICE SERVICE FROM THE LOCATION AT WHICH YOU HAVE INSTALLED IT. YOU ACKNOWLEDGE THAT HUGHES DOES NOT OFFER PRIMARY LINE OR LIFELINE SERVICES, AND THAT HUGHES STRONGLY RECOMMENDS THAT YOU ALWAYS HAVE AN ALTERNATIVE MEANS OF ACCESSING 911 EMERGENCY SERVICES VIA A TRADITIONAL PHONE LINE OR A WIRELESS PHONE.

ALTERNATIVE 911 AND E-911: 911 SERVICE IS ONLY AVAILABLE ON THE HUGHESNET VOICE SERVICE USING CERTIFIED ATA EQUIPMENT AND UPON SUCCESSFUL COMPLETION OF SERVICE INSTALLATION. WHEN YOU DIAL 911 ON CERTIFIED ATA EQUIPMENT UTILIZING THE HUGHESNET VOICE SERVICE, THE CALL MAY BE ROUTED TO A DIFFERENT DISPATCHER THAN THAT USED FOR TRADITIONAL WIRELINE 911 DIALING. THE DISPATCHER WILL BE LOCATED AT EITHER A PUBLIC SAFETY ANSWERING POINT (“PSAP”) OR OTHER PSAP OR LOCAL OR REGIONAL EMERGENCY SERVICE PERSONNEL DESIGNATED FOR WIRELINE OR WIRELESS SERVICES FOR THE ADDRESS YOU HAVE LISTED AT THE TIME YOU REGISTERED FOR THE HUGHESNET VOICE SERVICE OR OTHER BACKUP EMERGENCY ANSWERING SERVICES. IN ADDITION, YOUR ALTERNATIVE 911 OR E-911 SERVICE USING THE HUGHESNET VOICE SERVICE HAS GREATER LIMITATIONS THAN TRADITIONAL WIRELINE 911 SERVICE AS SET FORTH IN THIS SECTION.

LIMITATIONS APPLICABLE ONLY TO ALTERNATIVE 911 SERVICE: THE PSAP OR LOCAL EMERGENCY SERVICE DISPATCHER RECEIVING THE HUGHESNET VOICE SERVICE ALTERNATIVE 911 CALLS MAY NOT ANSWER THE CALLS OUTSIDE OF NORMAL BUSINESS HOURS AND MAY NOT BE ABLE TO CAPTURE AND/OR RETAIN AUTOMATIC NUMBER OR LOCATION INFORMATION. THIS MEANS THAT THE DISPATCHER MAY NOT KNOW THE PHONE NUMBER OR PHYSICAL LOCATION OF THE PERSON WHO IS MAKING THE 911 CALL. THEREFORE, IF YOU DIAL 911 USING THE HUGHESNET VOICE SERVICE, YOU MUST IMMEDIATELY TELL THE DISPATCHER YOUR NAME, ADDRESS (OR THE LOCATION OF THE EMERGENCY, IF DIFFERENT), AND PHONE NUMBER. YOU MUST ALSO TAKE CARE NOT TO DISCONNECT THE LINE. IF YOU DISCONNECT THE LINE BEFORE HAVING GIVEN THE DISPATCHER YOUR PHONE NUMBER, THE DISPATCHER MAY NOT BE ABLE TO CALL YOU BACK IN THE EVENT OF AN EMERGENCY. IF YOU ARE UNABLE TO SPEAK AND DESCRIBE YOUR LOCATION, THE DISPATCHER MAY NOT BE ABLE TO LOCATE YOU.

LIMITATIONS APPLICABLE TO BOTH ALTERNATIVE 911 AND E-911 SERVICE: THE HUGHESNET VOICE SERVICE’S ALTERNATIVE 911 OR E-911 SERVICE WILL NOT FUNCTION IF ANY CERTIFIED ATA EQUIPMENT FAILS OR IS NOT CONFIGURED CORRECTLY OR IF THE HUGHESNET VOICE SERVICE IS INTERRUPTED OR NOT FUNCTIONING FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, IN THE EVENT OF A POWER OUTAGE, HIGH-SPEED INTERNET ACCESS SERVICE OUTAGE, OR SUSPENSION OR DISCONNECTION OF SERVICE BECAUSE OF BILLING OR ANY OTHER ISSUES. IF THERE IS A POWER OUTAGE, YOU MAY BE REQUIRED TO RESET OR RECONFIGURE THE ATA EQUIPMENT PRIOR TO BEING ABLE TO USE THE HUGHESNET VOICE SERVICE AGAIN, INCLUDING FOR ALTERNATIVE 911 OR E-911 PURPOSES. IN SOME STATES,OR IN CERTAIN AREAS WITHIN SOME STATES, DUE TO TECHNICAL LIMITATIONS OF THE 911 SYSTEMS IN THOSE STATES OR AREAS, THE PSAP OR LOCAL EMERGENCY SERVICE DISPATCHER RECEIVING HUGHESNET VOICE SERVICE E-911 CALLS MAY NOT BE ABLE TO CAPTURE AND/OR RETAIN AUTOMATIC NUMBER OR LOCATION INFORMATION. THIS MEANS THAT THE DISPATCHER MAY NOT KNOW THE PHONE NUMBER OR PHYSICAL LOCATION OF THE PERSON WHO IS MAKING THE 911 CALL. THEREFORE, IF YOU DIAL 911 USING THE HUGHESNET VOICE SERVICE, YOU MUST IMMEDIATELY TELL THE DISPATCHER YOUR NAME, ADDRESS (OR THE LOCATION OF THE EMERGENCY, IF DIFFERENT), AND PHONE NUMBER. HUGHES CANNOT GUARANTEE THAT ALL PSAPS WILL MAINTAIN LINES TO ANSWER ALTERNATIVE 911 SERVICES.

FOR TECHNICAL REASONS ASSOCIATED WITH THE POSSIBILITY OF NETWORK CONGESTION, WITH THE HUGHESNET VOICE SERVICE THERE IS A POSSIBILITY THAT A 911 CALL WILL PRODUCE A BUSY SIGNAL OR WILL EXPERIENCE UNEXPECTED ANSWERING WAIT TIMES AND/OR TAKE LONGER TO ANSWER, AS COMPARED TO TRADITIONAL WIRELINE 911 CALLS.

IF YOU DO NOT CORRECTLY IDENTIFY THE ACTUAL LOCATION WHERE YOUR ATA EQUIPMENT WILL BE LOCATED AT THE TIME YOU REGISTER FOR THE SERVICE, 911 COMMUNICATIONS MAY BE MISDIRECTED TO AN INCORRECT LOCAL EMERGENCY SERVICE PROVIDER AND THE LOCAL EMERGENCY SERVICE DISPATCHER WILL NOT BE ABLE TO LOCATE THE 911 CALLER.

IF YOU HAVE CALL FORWARDING, LOCATE ME, DO NOT DISTURB, OR OTHER FEATURES PROGRAMMED AND IN USE AT THE TIME YOU DIAL A 911 CALL, AND THE 911 CALL IS INTERRUPTED, THE EMERGENCY DISPATCHER MAY NOT BE ABLE TO CALL YOU BACK AT THE PHONE FROM WHICH THE CALL WAS PLACED.

ALTERNATIVE 911 AND E-911 WILL NOT FUNCTION CORRECTLY IF YOU MOVE THE ATA EQUIPMENT TO A LOCATION OTHER THAN THAT PROVIDED WHEN YOU REGISTERED FOR THE SERVICE. YOU MUST NOT ATTEMPT TO USE THE HUGHESNET VOICE SERVICE OR ANY ATA EQUIPMENT AT ANY LOCATION OTHER THAN AT ITS DESIGNATED SERVICE ADDRESS.

YOU ACKNOWLEDGE AND AGREE THAT HUGHES WILL NOT BE LIABLE FOR ANY SERVICE OUTAGE AND/OR INABILITY TO DIAL 911 USING THE HUGHESNET VOICE SERVICE OR TO ACCESS EMERGENCY SERVICE PERSONNEL DUE TO THE ALTERNATIVE 911 AND E-911 CHARACTERISTICS AND LIMITATIONS SET FORTH IN THIS ADDENDUM. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS HUGHES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND AGENTS, AND ANY OTHER SERVICE PROVIDER OR SUPPLIER WHO FURNISHES SERVICES DIRECTLY OR INDIRECTLY TO YOU IN CONNECTION WITH THE HUGHESNET VOICE SERVICE, FROM ANY AND ALL CLAIMS, LOSSES (INCLUDING LOSS OF PROFITS OR REVENUE), DAMAGES, FINES, PENALTIES, COSTS, AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY FEES) BY, OR ON BEHALF OF, YOU OR ANY THIRD PARTY OR USER OF THE HUGHESNET VOICE SERVICE RELATING TO THE FAILURE OR OUTAGE OF THE HUGHESNET VOICE SERVICE, INCLUDING THOSE RELATED TO 911 DIALING.

8. USE OF THE SERVICE

Prohibited Uses. Any use of the HughesNet Voice Service or any other action that causes a disruption in the network integrity of Hughes or its vendors, whether directly or indirectly, is strictly prohibited and could result in termination of the HughesNet Voice Service at the sole discretion of Hughes. You understand that neither Hughes nor its vendors are responsible for the content of the transmissions that may pass through the Internet and/or the HughesNet Voice Service. You agree not to use or allow any use of the HughesNet Voice Service in way that violate laws (including but not limited to laws prohibiting transmission of unsolicited fax advertisements), infringe the rights of others, or interfere with the users, services, or equipment of the Hughes network. You represent and warrant that You are purchasing the HughesNet Voice Service and/or the ATA Equipment for Your own internal use only, and shall not resell, transfer, or make a charge for the HughesNet Voice Service or the ATA Equipment, nor may you use the HughesNet Voice Service for commercial or governmental purposes, or for profit or non-profit activities, including, but not limited to, business, sales, auto-dialing, continuous or extensive call forwarding, continuous connectivity, fax broadcast, fax blasting, telemarketing, junk faxing, fax spamming, calling/faxing any person (through the use of distribution lists or otherwise) who has not given specific permission to be included in such a process, or any other activity that would be inconsistent with personal and residential usage. Hughes reserves the right to immediately terminate or modify the HughesNet Voice Service Plans if Hughes determines, in its sole discretion, that You are not using the HughesNet Voice Service for Your reasonable personal residential use.

HughesNet Voice-Specific Acceptable Use Policies. In addition to the Acceptable Use Policy set forth at legal.hughesnet.com/AcceptableUsePolicy.cfm, which Policy shall also apply the HughesNet Voice Services, the following additional policies are also applicable:

If we reasonably believe that your use of the HughesNet Voice Services, including (but not limited to) the total number of calls You make, is not consistent with normal, fair, and reasonable use of such services, then we will be entitled, at our sole option, to:

– impose limits on your calls,

– charge reasonable additional charges for calls made,

– or suspend or terminate the Service(s).

This Policy is designed to make sure the HughesNet Voice Services offer good value for money and are fast and reliable. You must ensure that any use of the HughesNet Voice Services, by yourself or others via your account, complies with this Policy. If you or others using the Services via your account contravene this Policy, we may:

– give you a notice to stop the unacceptable use(s); or

– terminate or suspend your Service(s), with or without notice or liability as we consider appropriate, under the standard Terms and Conditions for customers.

Please advise us immediately if you become aware of any violation or suspected violation of this Policy.

Wherever reasonably possible we will give you written notice before taking any such action, and allow a reasonable period to allow you to modify your use.

Other Terms and Conditions of Use. You agree that each of the requirements of Part 4 of the Subscriber Agreement (“Who May Use the Service”) and Sections 8 “Specific Restrictions on Use of the Service”), 14 (“Indemnity”), 15 (“Liability for Unauthorized Use”), and 16 (“Proprietary Rights”) of the Subscriber Agreement apply to the HughesNet Voice Service, except that Section 4.2 (“Multiple Use of Account”), shall not apply to the HughesNet Voice Service.

9. CHANGE OF SERVICE.

Hughes may at any time revise this Addendum, discontinue, add to, or revise any or all aspects of the HughesNet Voice Service, and revise pricing for the HughesNet Voice Service, in the manner specified in Sections 3.1 (“Modification of this Subscriber Agreement; Notices”), 3.2 (“Modification of the Service”), and 3.3 (“Pricing Revisions; Notices”) of the Subscriber Agreement, subject to the notice requirements of those Sections and the termination rights and obligations specified in Sections 3.4 (“Termination by Subscriber”), 3.5 (“Termination or Suspension by Hughes”), and 3.6 (“Continuation of Obligations”) of the Subscriber Agreement.

10. WARRANTY DISCLAIMER AS TO HUGHESNET VOICE SERVICE.

HUGHES DOES NOT OFFER ANY WARRANTY IN CONNECTION WITH THE HUGHESNET VOICE SERVICE. THE HUGHESNET VOICE SERVICE IS MADE AVAILABLE 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 OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. HUGHES EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED, OR OPERATE AT ANY MINIMUM SPEED. YOU AGREE THAT YOUR USE OF THE SERVICE AND THE SUBSCRIBER EQUIPMENT, AND SUCH USE BY ANYONE USING YOUR ACCOUNT, IS AT YOUR SOLE RISK. NO ORAL ADVICE OR WRITTEN INFORMATION PROVIDED BY HUGHES, ITS EMPLOYEES, DEALERS, OR THE LIKE SHALL CREATE A WARRANTY.

11. LIMITATION OF LIABILITY AS TO HUGHESNET VOICE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER HUGHES NOR ANY OF ITS INFORMATION OR CONTENT PROVIDERS, SERVICE PROVIDERS, LICENSORS, EMPLOYEES, OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE HUGHESNET VOICE SERVICE OR INABILITY TO USE THE HUGHESNET VOICE SERVICE. IF FOR ANY REASON ANY PORTION OF THE FOREGOING LIMITATION OF LIABILITY SHALL BE VOIDED, THEN IN SUCH EVENT THE MAXIMUM, SOLE, AND EXCLUSIVE LIABILITY OF HUGHES, ITS DEALERS, DISTRIBUTORS, AGENTS, EMPLOYEES, OR THIRD-PARTY CONTENT PROVIDERS, IF ANY, SHALL BE LIMITED TO AN AMOUNT NOT TO EXCEED THE TOTAL AMOUNT ACTUALLY PAID TO HUGHES BY YOU FOR SERVICES FURNISHED UNDER THIS AGREEMENT FOR THE PERIOD OF TIME COMMENCING UPON THE OCCURRENCE OF SUCH ERROR, DEFECT, OR FAILURE, AND CEASING UPON THE DISCOVERY AND RECTIFICATION OF SUCH, IN WHOLE OR IN PART; PROVIDED, HOWEVER, THAT IN NO EVENT SHALL SUCH PERIOD OF TIME EXCEED THE TWELVE- (12-) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH ERROR, DEFECT, OR FAILURE IS FIRST DISCOVERED IN WHOLE OR IN PART.

Without limiting the foregoing, Hughes shall not be responsible for: (1) any failure to transmit or store, or for any deletion of, any communication, message, email, or content transmitted through, sent to, or received by the Service or Hughes’ servers; or (2) any modification, suspension, interruption, or discontinuance of the Service.

THE FOREGOING EXCLUSIONS OR LIMITATIONS OF LIABILITY APPLY REGARDLESS OF ANY ALLEGATION OR FINDING THAT A REMEDY FAILED OF ITS ESSENTIAL PURPOSE, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY (INCLUDING WITHOUT LIMITATION NEGLIGENCE) AND EVEN IF HUGHES OR OTHERS ARE ADVISED OR AWARE OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OR LIABILITY.

12. DISPUTE RESOLUTION AND BINDING ARBITRATION. YOU AGREE THAT PART 5 (“DISPUTE RESOLUTION AND BINDING ARBITRATION”) OF THE SUBSCRIBER AGREEMENT, AND ALL OF ITS SUBSECTIONS, SHALL APPLY TO ANY AND ALL DISPUTES, CONTROVERSIES, OR CLAIMS BASED ON, ARISING OUT OF, INVOLVING, OR RELATING IN ANY WAY TO, THIS ADDENDUM, THE HUGHESNET VOICE SERVICE, ANY OTHER ASPECT OF OUR RELATIONSHIP, OR ANY RELATED PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, CLAIMS BASED ON CONSUMER PROTECTION LAWS, UNFAIR COMPETITON LAWS, OTHER STATUTES, CONTRACT, TORT, MISREPRESENTATION, FRAUD, OR ANY OTHER LEGAL THEORY.

13. PRIVACY.

Hughes utilizes the public Internet and third-party networks to provide HughesNet Voice Service. Accordingly, Hughes cannot guarantee the security of Your communications. Hughes is, however, committed to respecting Your privacy. Once You choose to provide personally identifiable information, it will only be used in the context of Your relationship with Hughes. Hughes will not sell, rent, or lease Your personally identifiable information to others. Unless required by law or subpoena or if Your prior permission is obtained, Hughes will only share the personal data You provide with other Hughes entities and/or business partners that are acting on Hughes' behalf to complete the activities described herein. Such Hughes entities and/or national or international business partners are governed by Hughes's privacy policies with respect to the use of this data. Hughes is required to file numerous reports with different administrative bodies. As such, Hughes may provide aggregate statistics about You, as well as with respect to sales and traffic patterns. None of these reports or statistics will include personally identifiable information. However, Hughes reserves the right to use personally identifiable information to investigate and help prevent potentially unlawful activity that threatens either Hughes or any company affiliated with Hughes. Moreover, upon the appropriate request of a government agency, law enforcement agency, court, or as otherwise required by law, Hughes may disclose personally identifiable information.

14. SURVIVAL.

The provisions of Addendum that by their context or nature would be expected to survive termination of any HughesNet Voice Service shall so survive.

15. OTHER APPLICABLE TERMS AND CONDITIONS.

Other terms and conditions of the Subscriber Agreement applicable to the HughesNet Voice Service include without limitation Sections 9 (“Copyright and Licenses”), 10 (“No Endorsement”), 11 (“Internet”), 17 (“Limits on Transfers; No Right of Survivorship”), 18 (“Choice of Law”), 19 (“Electronic Delivery Policy and your Consent”), 20 (“Construction and Delegation”), 21.1 (“Notice; Severability”), 21.1 (“No Waiver”), 21.3 (“Captions”), 21.4 (“Statute of Limitations”), 22 (“Assignment of Account”), and 23 (“Entire Agreement”). Each and every such term shall apply to this Addendum and the HughesNet Voice Service as if fully set forth herein.

This Reasonable Use Policy (“Policy”) is intended to inform customers as to the customary and reasonable use of HughesNet Voice Service (“Service”), specifically with regard to unlimited calling plans, and identify ways that such Policy will be enforced. The Services offered are intended for normal and customary residential usage. This policy will be enforced to prevent abuse by any party that uses the Service in a way that is beyond reasonable use, as determined by Hughes, and amounts to an abuse of the unlimited calling plans covered by this Policy. Abuse of the Service by a party can lead to degraded service levels to other subscribers of HughesNet Voice Unlimited service plans as a result of extraordinary and excessive usage. The following plans are covered by this Policy:

Unlimited Domestic US Long-Distance Service

Unlimited International Long-Distance Service

The Service may not be used in any way that is illegal, fraudulent, improper, or inappropriate. The Service may not be used with any automated means to manipulate the Service or use the Service to violate any law, rule, regulation, or the intellectual property or personal rights of any third party.

Hughes reserves the right to review your account and take further action, including, but not limited to, immediate suspension of your unlimited service plan if account usage is:

– beyond normal standards for typical customers on the same calling plan,

– illegal or in violation of rules or regulations imposed by state or federal regulatory bodies,

– impermissible or detrimental to other customers' ability to use the service, or

– adversely affects our operations.

Hughes may assess abnormal usage based on comparisons to the usage patterns and levels of our other customers on the same plan(s). If Hughes determines that the Service is being used in ways that are abnormal or impermissible, we will use commercially reasonable efforts to inform you and may provide you with the opportunity to alter usage of the Service. If, after notification, abnormal usage patterns continue, we may exercise our right to transfer your Service to a more appropriate plan, charge applicable rates for that plan, implement other limitations, or suspend or terminate your Service with or without notice. If we believe that our Service has been used for an unlawful purpose, we may immediately terminate your Service with or without notice and/or forward the relevant communication and other information to the appropriate authorities for investigation and prosecution. We reserve all of our legal rights.

Ordinary, Reasonable Residential Use 

HughesNet Voice Unlimited Service plans are intended for single-family residential voice telephone calls. Ordinary and reasonable use of this Service leads to calling patterns that are fairly predictable in a range of the number of calls, the duration of calls, and the scope of called parties. The ordinary and reasonable use of the Service as measured by Hughes is generally set by the observed usage patterns of 95% of subscribers to the applicable calling plan. Usage patterns include reasonable conformance with 95% of Plan subscribers as measured by: i) total accumulated monthly usage, ii) total accumulated monthly call volumes, iii) normal distribution of call activity, and iv) normal distribution of dialed parties. Thus, the term “Unlimited” refers to the type of usage as observed in the 95% of subscribers to an unlimited plan.

HughesNet Voice residential unlimited usage plans are only for single-family, residential usage. Only the account holder and residential family members may use residential unlimited service plans. Residential family members include immediate family who reside in the personal residence – e.g., spouse, domestic partner, parents and/or children.

Impermissible Uses of Service

Each of the following is impermissible under this Policy and is considered outside of normal single-family residential (or personal) use:

– by or for others who do not live with you,

– for commercial or business purposes,

– as part of an enterprise, including non-profit or governmental activities,

– operated as a call center,

– resale to others,

– used with auto-dialing capability or used to transmit fax and/or voice messages en masse,

– telemarketing,

– call forwarding to a long-distance telephone number,

– without live dialog, including use as a monitor, intercom, or for transcription purposes.

A vast majority of HughesNet Voice residential unlimited calling plan subscribers use less than 2,800 minutes per month and do not have any unusual usage patterns in terms of unique numbers called, high call forwarding/transferring usage and other observed calling patterns. A customer's aggregate usage may be considered outside of normal use if it exceeds 2,800 minutes per month in combination with other factors including the following:

– excessive number of unique numbers called,

– preponderance of calls with excessive call lengths,

– excessive use of call forwarding and transferring,

– excessive use of conference calling,

– excessive number of short-duration calls,

– excessive number of failed call attempts,

– excessive number of calls made during a month,

– excessive number of calls made to a conference calling service during a month,

– excessive number of calls made during business hours,

– excessive number of calls terminated and re-initiated consecutively, or

– other abnormal calling patterns indicative of an attempt to evade enforcement of this Reasonable Use Policy.

Changes 

Hughes reserves the right to change this Policy at any time.

This notice (the “Subscriber Privacy Policy”) describes the privacy policy of Hughes Network Systems, LLC (HUGHES) as it relates to Hughes' HughesNet® service (the "Service"). This Privacy Policy does not apply to the use of Hughes’ Websites at www.hughes.com, www.hughesnet.com, www.gethughesnet.com, and any other site maintained or operated by Hughes (collectively, the “Website”). The privacy policy applicable to your use of the Website is available on our Public Website Privacy Policy page.

Hughes is committed to protecting the privacy of its subscribers. This Privacy Policy governs only Hughes’ treatment of information about subscribers to Hughes’ HughesNet service. By applying for or continuing to use the Service, you agree to the terms of this Policy, as modified from time to time. This Privacy Policy does not apply to any goods or services controlled by third parties, even if those third parties are partners of Hughes.

Hughes reserves the right, in its sole discretion, to modify the terms of this Privacy Policy at any time. In the event of any material changes to the Privacy Policy, Hughes will provide notice over the Service that the Privacy Policy is being modified, and invite you to review the modified Privacy Policy at this Website. Your continued use of the Service after such notice constitutes your acceptance of the changes. You should visit this page to review the current Privacy Policy on a regular basis. The date of the last update will be posted at the end of this Privacy Policy for your convenience.

Information Collection and Use

When you apply to become a subscriber of the Service, and at certain times throughout your relationship with Hughes, Hughes will ask you for personal information such as your name, address, telephone number, and email address, and financial information such as your credit card information. In addition to the information you provide, Hughes may obtain additional information about you from other sources. The information you provide to Hughes, and the information Hughes obtains about you (collectively, your “Personal Information”), may be used (1) for billing and collections purposes; (2) to provide you with the products and services you request; (3) to anticipate and resolve problems with our products and services; (4) to process and respond to inquiries; (5) to contact you about products and services that may be of interest to you; and (6) for other purposes communicated to you at the time you provide or authorize the use of the information. Hughes does not rent, sell, or share your Personal Information with third parties other than as set forth herein.

Additional Information Disclosures

Hughes may also use or disclose information about you, including your Personal Information, under the following circumstances:

To enforce our Subscriber Agreement, Terms of Service, and/or other legal agreements;

To outsource any of the tasks referenced in this Privacy Policy (e.g., billing, responding to inquiries);

In response to a subpoena, court order, or other legal process;

To establish or exercise our legal rights or defend against legal claims;

To credit reporting agencies for reporting purposes or to obtain credit review services;*

To a company controlled by, or under common control with, Hughes for any purpose permitted by this Privacy Policy;

When Hughes believes such use or disclosure is (1) necessary in order to investigate, prevent, or take action regarding suspected illegal activities, fraud, or situations involving potential threats to the physical safety of any person, or (2) required by law;

In the future, we may sell some or all of our assets or reorganize our corporate structure. In such transactions, customer information generally is one of the transferred business assets. In the event of a sale or reorganization of our assets, including our database, customer information may be transferred.

Hughes may use and disclose non-personal, aggregate, or summary information regarding our users without further notice. This type of information will not identify you individually.

Updating Your Information

If you need to update your information, please call our Customer Service department at 

1-866-347-3292 or visit customercare.myhughesnet.com and login under the "Account Information" section.

Minors

You must be 18 or older to apply or subscribe to the Hughes service. Hughes does not intentionally collect personal information from minors.

Notice Regarding Hughes’ Position on Child Pornography

Hughes takes its commitment to protect children from exploitation over the Internet extremely seriously. Consequently, Hughes is working hand-in-hand with the National Center for Missing and Exploited Children (NCMEC) and other law enforcement agencies on this important project. One of the efforts that Hughes has undertaken in this regard is to establish a specially designated email address, cp-abuse@hughes.net, for complaints about child pornography. Hughes further commits that all complaints received shall be investigated promptly, generally within three (3) business days or less. No Hughes facilities or services may be used by in any fashion for the transmission or dissemination of images containing child pornography.

Security

Hughes employs reasonable measures to protect your personal information against acquisition by unauthorized persons.

Questions

Please direct questions, concerns, or comments about this Privacy Policy to our email address at guest.services@hughes.com.

* This provision will only apply if you subscribe to the HughesNet Service after the effective date of this revision as listed below, or if you are currently a HughesNet subscriber, it will only apply after October 1, 2015.

Revised 09/13/13

layer hidden off the screen

These Terms of Use set forth the terms and conditions governing your use of the Hughes Network Systems, LLC (HUGHES) Websites located at www.hughes.com, www.hughesnet.com, www.gethughesnet.com, and any related site maintained and operated by Hughes (collectively, the "Website"). By using the Website in any manner, you agree to all terms and conditions contained or referenced in these Terms of Use. These Terms of Use apply only to your use of the Website and do not apply to any other Website or any Hughes product or service, nor change any other agreement between you and Hughes.

Hughes reserves the right, in its sole discretion, to modify or change these Terms of Use at any time with or without prior notice to you. You should visit this page periodically to review the current Terms of Use; the date of the last update will be posted at the top of these Terms of Use for your convenience. Your continued use of the Website following the posting of any changes to the Terms of Use constitutes your acceptance of those changes. If at any time you do not agree with these Terms of Use, you must immediately stop using the Website.

Privacy Policy

Hughes is concerned about your privacy and has developed a policy to address privacy concerns. Please see our Privacy Policy regarding the collection, use and disclosure of information collected on the Website. By using the Website, you are consenting to the terms of our Privacy Policy.

Notice Regarding Children

The Website is intended for adults only. Hughes does not intend for the Website to collect information from anyone under the age of 13. Information published on the Website is not intended for anyone under the age of 13.

Notice Regarding Hughes' Position on Child Pornography

Hughes takes its commitment to protect children from exploitation over the Internet extremely seriously. Consequently, Hughes is working hand-in-hand with the National Center for Missing and Exploited Children (NCMEC) and other law enforcement agencies on this important project. One of the efforts that Hughes has undertaken in this regard is to establish a specially designated email address, cp-abuse@hughes.net, for complaints about child pornography. Hughes further commits that all complaints received shall be investigated promptly, generally within three (3) business days or less. No Hughes facilities or services may be used by in any fashion for the transmission or dissemination of images containing child pornography.

Ownership and Use of Website Information

All information, materials, and other content located on the Website, except noted third-party materials, are the property of Hughes or its affiliates, and are protected under United States and international copyright laws and treaty provisions. You may download, view, and print content from the Website solely for your personal use. You must maintain and plainly display all copyright and other proprietary notices in the same form and manner as on the original, and otherwise comply with these Terms of Use.

Restrictions on Use

You agree that you will not use the Website or any content located on the Website in any way not explicitly authorized in the preceding paragraph. If you want to use the content of the Website in a manner that is not permitted by these Terms of Use, you must receive Hughes’ prior written consent. To request such consent, please contact us at guest.services@hns.com. Without limiting the foregoing, you agree that you will not (1) use the Website or its contents in any way that could overburden, impair, disable, or damage any Hughes server; (2) obtain or attempt to obtain any content or information that has not been intentionally made available on the Website; or (3) use any automated means, such as scripts, screen-scrapers, or Website copying applications, to capture, copy, or otherwise access the Website.

Hughes reserves the right to revoke your permission to use the Website at any time, and your use shall be discontinued immediately upon such notice from Hughes.

Links to the Website

You may link to the Website subject to the following restrictions. You agree that you will not (1) include links to any Website page other than the home page (e.g., www.hughes.com, www.hughesnet.com, or www.gethughesnet.com); (2) "frame" or impose editorial comment, commercial material, or any type of identification on or in proximity to content displayed on the Website; (3) alter or modify the Website content, "cut and paste" or otherwise reproduce the Website content on a Website that links to the Website; (4) misrepresent your relationship with Hughes or the Website or imply that Hughes or the Website has any connection with, or is endorsing or sponsoring, you or your Website; or (5) present false, misleading, or defamatory information about Hughes or its services. You further agree that you will not link to the Website if content on the linking site contains libelous, defamatory, obscene, pornographic, or patently offensive material. You link to the Website at your own risk; Hughes is under no obligation to maintain the Website, provide or update the Website content, or otherwise support your link to the Website. Hughes may revoke its authorization for you to link to the Website at any time for any reason or no reason, and you agree to remove any and all links to the Website upon notice by Hughes.

Links to Other Websites

The Website contains links to other Websites solely as a convenience to persons who visit the Website. Hughes makes no representations about Websites linked from the Website. The inclusion of any such link on the Website does not imply that Hughes endorses, recommends, or accepts any responsibility for such sites, their content, policies, practices, products, services, or companies. We encourage you to read the terms of use and privacy policies of any Website that you visit, including those linked from the Website, as their terms and policies may differ from ours.

No Endorsements

The Website may reference or mention other parties, their products or services. Any such reference or mention is not an endorsement, recommendation, or sponsorship of that party, its product or services, but is merely for informational purposes.

Submissions

Other than information you submit for purposes of receiving information, products, or services, Hughes does not want to receive confidential or proprietary information from you through its Website or via email. Please note that, other than as set forth in the privacy policy, any information or material sent to Hughes may not be treated as confidential.

No Warranty

THE WEBSITE, ITS CONTENTS, AND THE PRODUCTS AND SERVICES OFFERED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY LAW, HUGHES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, DATA ACCURACY, AND NON-INFRINGEMENT. HUGHES DOES NOT WARRANT THAT THE FUNCTIONALITY OR OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR FREE FROM ERROR, THAT ANY DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS.

Limitation of Liability

HUGHES DISCLAIMS LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, FOR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES) IN ANY WAY ARISING FROM THE FUNCTIONALITY OR OPERATION (OR FAILURE TO FUNCTION OR OPERATE) OF THE WEBSITE, EVEN IF HUGHES IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Availability

Hughes may change the products and services mentioned on or available through the Website at any time without notice. Additionally, all products and services referenced on the Website are subject to availability and qualifications. Terms, conditions, and exclusions not described on the Website may apply. The Website can be accessed from countries around the world and may contain references to products, services, and programs that are not available in your country. These references do not imply that Hughes intends to make such services or programs available in your country.

Trademarks

HUGHES, HUGHESNET, SPACEWAY, IPOS, BROADBAND UNBOUND, CONNECT TO THE FUTURE, AIREACH, AIREACH BROADBAND, TES QUANTUM, TES QUANTUM DIRECT, HUGHES NETWORK SYSTEMS, HUGHES BROADBAND ALLIANCE, HUGHES SOFTWARE SYSTEMS, HUGHES SYSTIQUE, BROADBAND THAT'S OUT OF THIS WORLD, and BROADBAND EVERYWHERE, are trademarks of Hughes Network Systems, LLC. Marks and trade names not owned by Hughes and mentioned on the Website are the property of their respective owners.

Governing Law

These Terms of Use and all matters relating to your access to, or use of, the Website shall be governed by the laws of the State of Maryland. You agree that any legal action or proceeding between Hughes and you for any purpose concerning these Terms of Use or the Website or in any way related to the Website shall be brought exclusively in a court of competent jurisdiction sitting in Montgomery County in the State of Maryland. Any cause of action or claim you may have with respect to these Terms of Use, the Website, or Hughes must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred.

No Waiver

Hughes reserves the right to take all legal and technical steps available, including pursuing civil remedies and criminal prosecution, for any violation of these Terms of Use. Hughes' failure to enforce these Terms of Use in every instance in which it is entitled does not amount to a waiver of Hughes' rights.

Severability

If any provision of these Terms of Use is held invalid, void, or unenforceable, then that provision will be considered severable from the remaining provisions, and the remaining provisions shall remain in full force and effect.

Revised 10-1-08