Subscriber Agreement
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DIRECWAY FAIR ACCESS POLICY NO WARRANTIES THE GALAXY BROADBAND SERVICE IS PROVIDED ON AN AS-IS, AS-AVAILABLE BASIS, SOLELY FOR YOUR PERSONAL USE, AND WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER STATUTORY, EXPRESS, OR IMPLIED, REGARDING THE GALAXY BROADBAND SERVICE, OR ANY SERVICES PROVIDED IN CONNECTION THEREWITH, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE. WE EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT THE GALAXY BROADBAND SERVICE WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED, OR WILL OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY OURSELVES, OUR EMPLOYEES, DEALERS, LICENSORS, OR THE LIKE SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
In the event you elect to cancel your subscription to GALAXY BROADBAND after the Service has been activated, you will be subject to a cancellation charge. The amount and the terms associated with cancellation or termination of the Service are set forth in your online order or written confirmation of your order. If you would like to cancel before the initial 12 months you must pay out the remainder of the contract (the monthly fee times the number of months remaining) or a $450 cancellation fee whichever is greater. If you would like to cancel your service after the initial 12 month period we must receive notice in writing 60 days prior to deactivation and a $49.95 processing fee applies. If these terms and conditions are not followed Galaxy Broadband has the right to terminate the services without notice and without any liability whatsoever. SUBSCRIBER AGREEMENT ORGANIZATION Part I - The Service, Subscribership and This Subscriber Agreement;
1. THE SERVICE The Service consists of a satellite, and two-way broadcast/transmit system. 2.2 MODIFICATION OF THE SERVICE. We may discontinue, add to, or revise any or all aspects of the Service in our sole discretion and without notice, including access to support services, publications, and any other products or services ancillary to the Service or membership. In particular, we specifically reserve the right at our sole discretion to modify, supplement, delete, discontinue, or remove any software, file, publications, information, communication, or other content appearing on or transmitted through the Service. We have the right to upgrade, modify, or enhance any software used in connection with the Service from time to time through satellite downloads or other means in our sole discretion without notice. 2.3 TERMINATION BY SUBSCRIBER. In the event that we modify this Subscriber Agreement, the Service, or related pricing or billing terms, you may immediately terminate your account and this Subscriber Agreement, and you may also do so at any other time and for any reason or for no reason upon thirty (30) days’ written notice. 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 a termination was intended. In such event you will continue to be liable under this Agreement for all fees and charges until such time as the Agreement has been properly terminated or we have acknowledged such termination in writing. You may be subject to a cancellation fee if you cancel your subscription to the GALAXY BROADBAND Service before the first anniversary of the effective date of this Subscriber Agreement. 2.4 TERMINATION OR SUSPENSION BY GALAXY BROADBAND. We may immediately terminate your account and this Subscriber Agreement in the event of any breach of this Subscriber Agreement by you or a user of your account. We reserve the right in our sole discretion to terminate your account and this Subscriber Agreement at any time or to suspend (with or without notice) or terminate access to or use of the Service, in whole or in part. In the event that we either terminate or suspend your account and/or this Agreement for reasons other than breach of this Agreement, then we shall provide you notice of such suspension or termination. 2.5 CONTINUATION OF OBLIGATIONS. Notwithstanding any cancellation or termination of this Subscriber Agreement or your account, nor any suspension or termination of access to or use of the Service, you will remain responsible for any obligations accrued to the date of such action, including payment of any charges that may be due as a result of or in connection with such action(s). Your payment and other obligations under this Subscriber Agreement are not suspended or affected by a suspension of access to or use of the Service, in whole or in part, due to a violation (actual, threatened, or alleged) of this Subscriber Agreement or of any law or legal obligation by your or any user of your account. 3. WHO MAY USE THE SERVICE? – RESPONSIBILITY AND SUPERVISION 3.1 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 Subscriber 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. 3.2 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. 3.3. 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 service, or for software or other merchandise purchased thereon, or any other expenses incurred in accordance with the terms of this Subscriber Agreement. You promise to pay such amounts billed for such service, software, or merchandise and any related fees, taxes, and charges. Permitted users of your account are limited to family members within 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. PART II. PAYMENT 4. FEES AND PAYMENT 4.1 FEES, TAXES AND OTHER CHARGES. You agree to pay, in accordance with the provisions of the billing option you selected, any registration, activation or monthly fees, connect time charges, 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 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 upon request, and you agree that this is sufficient notice for all purposes as to charges incurred and paid or to be paid to us. We reserve the right to increase fees, surcharges, or monthly subscription fees, or to institute new fees at any time upon 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 and which are an integral part of this Subscriber Agreement are set forth and available on the GALAXY BROADBAND Website. 4.2 PAYMENT Except where additional methods of payment are specifically required or permitted under applicable law or regulation or as otherwise agreed to by ourselves from time to time, you agree that you will provide a major credit card(i.e., MasterCard, Visa, American Express), that we may charge, or Authorize Pre-authorized Payments for all Service fees or other amounts payable under this Agreement. Additionally, you agree that we may pre-charge your monthly Service fee to the credit card supplied by you, or debit it from your bank account during activation or subscription. With respect to such charges the following authorization applies: You authorize automatic credit card billing or Pre-Authorized payments by ourselves. You agree that the charges described above will be billed by the payment method that you provided when you applied for the Service. You agree that all charges are considered valid unless disputed in writing within fifteen (15) days of the date you receive your statement. You agree that we 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 Subscriber Agreement. If you think a charge is incorrect or if you need more information, you should contact our billing department. You must contact us within 60 days of receiving the statement on which the error or problem appeared. We 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. 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 rate of one and one-half percent (1.5%) per month, prorated on a daily basis. Furthermore, if we do not receive payment from you before your next statement is issued, we have the right to deactivate your Service upon the expiration of any applicable grace period with respect to the amount due. We may, but are 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 cheques or money orders marked "payment in full" or otherwise labeled with restrictive endorsements, we can, but are not required to, accept them, without losing any of our rights to collect all amounts owed by you under this Agreement. In the case of late payment or non-payment for any of the GALAXY BROADBAND Services ordered by you or any of the charges stated herein, you understand and agree that we may report such late payment or non-payment to the appropriate credit reporting agencies. If we choose 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. 4.3 COMMENCEMENT AND DURATION OF SUBSCRIBERSHIP FEES. You acknowledge that (subject to any exceptions granted by us) a monthly subscribership fee will apply for each and every month (or portion thereof) that you are a Subscriber. Your account will continue until you cancel the account in accordance with the method or methods specified by us (unless otherwise terminated in accordance with this Subscriber Agreement). As stated above, you may cancel your account at any time, subject to payment of the cancellation fee, if applicable. The monthly subscription fee shall cease to apply for any months after the billing month in which you cancel or terminate your account in accordance with the terms and conditions stated herein. 4.4 REACTIVATION. If your service is inactivated because you did not submit payment on time or for any other reason, in addition to payment of past due amounts we may require a deposit before reactivating your GALAXY BROADBAND Service, which shall not exceed one (1) year’s subscription fees. Any unpaid amounts will be deducted each billing cycle from the credit amount. Credit amounts shall not earn or accrue interest. If your GALAXY BROADBAND service is inactivated for any reason, including at your request or because of your failure to pay past-due amounts, and you want to reactivate the service, you agree to pay a reactivation fee in accordance with our then-current rates. In addition you must bring your account up to date by making payment in full of any outstanding balance, fees and charges. 4.5 ANCILLARY EQUIPMENT, SERVICES. It is your responsibility, at your own expense, to obtain, maintain, and operate suitable and fully compatible terminal equipment and communication devices required to access the Service. You are responsible for all telephone charges incurred in connection with using the Service. YOU ACKNOWLEDGE THAT CERTAIN SUBSCRIBER EQUIPMENT MAY HAVE BEEN ACQUIRED BY YOU SEPARATE AND APART FROM THIS SUBSCRIBER AGREEMENT. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING SUCH SUBSCRIBER EQUIPMENT. WE MAKE NO REPRESENTATION OR WARRANTIES PURSUANT TO THIS SUBSCRIBER AGREEMENT, EITHER EXPRESS OR IMPLIED, REGARDING SUCH SUBSCRIBER EQUIPMENT – ALTHOUGH YOU MAY HAVE LIMITED WARRANTIES UNDER A SEPARATE PURCHASE AGREEMENT. 4.6 CORPORATE BUSINESS AND EDUCATIONAL ACCOUNTS. If your account is a qualified business or educational account and approved by us for corporate or educational billing, charges for the services provided under this Subscriber Agreement will be accumulated and identified by Subscriber ID number and will normally be invoiced following the end of the month in which the service is provided. Terms of payment on all charges are net, ten (10) days. If any payment due hereunder is not made by you within thirty (30) days after the invoice date, late charges of one and one-half percent (1.5%) per month shall be due and payable with respect to such payment, and we may, in addition, at our sole discretion and without notice to you, (a) suspend our performance under this Subscriber Agreement and your designated users' access to and use of the Service, or (b) terminate this Subscriber Agreement and your designated users' access to and use of the Service. Notwithstanding any acknowledgment of a purchase order, any provision or condition in any purchase order, voucher, or other memorandum from you which is in any way inconsistent with, or adds to, the provisions of this Subscriber Agreement is null and void. PART III. PERMITTED USE AND RESTRICTIONS ON USE 5. SOFTWARE LICENSE Subject to the terms of this Subscriber Agreement, we grant to you a personal, non-exclusive, non-assignable and nontransferable license to use and display the software provided by or on behalf of ourselves only for purposes of accessing the Service ("Software") on any machine(s) on which you are the primary user or which you authorize for use. Unauthorized copying of the Software, including software that has been modified, merged or included with the Software, or the written materials associated therewith is expressly forbidden. You may not sublicense, assign or transfer this license or the Software except as permitted by ourselves. 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 copy or duplicate, or permit anyone else to copy or duplicate, any part of the Software, or create or attempt to create, or permit others to create or attempt to create, by reverse engineering or otherwise, the source programs or any part thereof from the object programs or from other information made available under this Subscriber Agreement. 6. SPECIFIC RESTRICTIONS ON USE OF THE SERVICE 6.1 PROHIBITED CONDUCT. You agree not to use the Service as follows: (a) for any unlawful, improper or criminal purpose or activity; (b) to post or transmit information or communications that, whether explicitly stated, implied, or suggested through use of symbols, are obscene, indecent, pornographic, sadistic, cruel, or racist in content, or of a sexually explicit or graphic nature; or which espouse, promote, or incite bigotry, hatred, or racism; or which might be legally actionable for any reason; (c) to attempt to access or to access the accounts of others, to attempt to spoof or 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; (d) to bombard individuals or newsgroups with uninvited communications, data or information, or other similar activities, including but not limited to "spamming," "flaming," or denial or distributed denial of service attacks; (e) to transmit unsolicited voluminous emails (for example, "spamming") or to intercept, interfere with, or redirect email intended for third parties using the Service; (f) to introduce viruses, worms, harmful code, and/or Trojan horses on the Internet; (g) to post information on newsgroups which is not in the topic area of the newsgroup; (h) to interfere with another person's usage or enjoyment of the Internet or this Service; (i) to post or transmit information or communications that are defamatory, fraudulent, obscene, or deceptive, including but not limited to scams such as "make-money-fast" schemes or "pyramid/chain" letters; (j) to damage the name or reputation of GALAXY BROADBAND, Hughes Network Systems, Hughes Electronics Corporation, or any of their respective parents, affiliates, and subsidiaries, or any third parties; (k) to transmit confidential or proprietary information, except solely at your own risk; (l) to violate our or any third party's copyright, trademark, proprietary or other intellectual property rights, including trade secret rights; (m) to generate excessive amounts (as determined in our sole discretion) of Internet traffic, or to disrupt net user groups or email use by others; (n) to engage in activities designed to or having the effect of degrading or denying Service to GALAXY BROADBAND users or others (including activities that compromise a server, router, circuit, or software;) (o) to use any name or mark of GALAXY BROADBAND, Hughes Network Systems, Hughes Electronics Corporation, or their respective parents, affiliates, or subsidiaries, as a hypertext link to any Website or in any advertising publicity or other commercial manner; (p) to use your GALAXY BROADBAND account for the purpose of operating a server of any type; (q) to use the Service or the Internet in a manner intended to threaten, harass, or intimidate others; (r) to cause the screen to "scroll" faster than other subscribers or users are able to type to it, or any action that has a similar disruptive effect, on or through the Service; (s) to use the Service to disrupt the normal flow of online dialogue; (t) to use the Service to violate any operating rule, policy, or guideline of any other online services provider or interactive service; (u) to attempt to subvert, or to aid third parties to subvert, the security of any computer facility or system connected to the Internet; (v) to impersonate any person or use a false name while using the Service; (w) to install "auto-responders," "cancel-bots," or similar automated or manual routines which generate excessive amounts of net traffic, or disrupt net user groups or email use by others; (x) to make false or unverified complaints against any GALAXY BROADBAND subscriber, or otherwise abuse any of our complaint response procedures; (y) to export software or any information in violation of U.S. export laws; or (z) to use the Service in contravention of the limitations of the pricing plan you have chosen. 6.2 ILLEGAL OR COMPETITIVE PURPOSES. You agree not to use the Service nor any of its elements or related facilities or capabilities to conduct any business or activity, or to solicit the performance of any activity, which is prohibited by or would violate any applicable law, rule, regulation, or legal obligation. 6.3 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 Subscriber Agreement. PART IV. GRANT OF IMPORTANT RIGHTS BY YOU TO US, AND IMPORTANT DISCLAIMERS, ACKNOWLEDGMENTS AND OBLIGATIONS 7. COPYRIGHT AND LICENSES 7.1 RESERVATION OF RIGHTS. We reserve 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 us (or our licensors). The content on the Service is protected under applicable copyright law, 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 ourselves. 8. NO ENDORSEMENT We do 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. None of such content should be construed or understood to constitute or reflect the views or approval of Galaxy Broadband, Hughes Network Systems, Inc., Hughes Electronics Corporation, or any of the subsidiaries or affiliates. We do not recommend that such content be relied on for reaching important decisions or conclusions without appropriate verification and, as appropriate, professional advice. 9. 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 WE ARE NOT RESPONSIBLE FOR ANY SUCH CONTENT OR MATERIAL AND AGREE THAT ACCESS TO SAME THROUGH USE OF THE SERVICE IS AT YOUR SOLE RISK. The reliability, availability, legality, performance, and other aspects of resources accessed through the Internet are beyond our reasonable control and are not in any way warranted or supported by ourselves or our third-party contractors. You acknowledge that safeguards relative to copyright, ownership, appropriateness, reliability, legality, and integrity of content may be entirely lacking with respect to the Internet and content accessible through it. You confirm that you assume all risk and liability of any use of the Internet through your account, including your continuous compliance with the Subscriber Agreement. 10. USE AND CONTROL OF INFORMATION; MEMBER COMMUNICATION; ADS We may, without obligation, liability, or notice, except to the extent prohibited by applicable law, distribute, loan, sell, or otherwise share aggregate user information with other persons or entities. Aggregate user information includes information constituting or descriptive of demographic information, habits, usage patterns, preferences, survey data, or other descriptive or related data which do not rely on providing to recipients the identity of any particular user of the Service. We may, without obligation, liability, or notice, distribute personal
information, including but not limited to your name, address, and phone
number for the purposes of providing service for which the information
was collected. 11. DISCLAIMER OF WARRANTIES AND EXCLUSION OF LIABILITY 11.1 DISCLAIMER
OF WARRANTIES, LIABILITY AND RESPONSIBILITY. YOU EXPRESSLY AGREE THAT
USE OF THE SERVICE IS AT YOUR SOLE RISK. NEITHER WE NOR ANY OF OUR INFORMATION
OR CONTENT PROVIDERS, SERVICE PROVIDERS, LICENSORS, EMPLOYEES, OR AGENTS
WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO WE
OR ANY OF OUR INFORMATION OR CONTENT PROVIDERS, SERVICE PROVIDERS, LICENSORS,
EMPLOYEES, OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED
FROM USE OF THE SERVICE, INCLUDING ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS.
THE SERVICE IS DISTRIBUTED 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 OR OTHERWISE, EXCEPT FOR THOSE WARRANTIES,
IF ANY, WHICH ARE IMPLIED BY, AND INCAPABLE OF, EXCLUSION, RESTRICTION
OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS SUBSCRIBER AGREEMENT.
IN PARTICULAR, BECAUSE WE MAY PROVIDE SERVICE SUBSCRIBERS WITH ELECTRONIC
ACCESS TO THE CONTENT AVAILABLE ON THE SERVICE, WHICH CONTENT MAY BE ORIGINATED
BY INDEPENDENT PUBLISHERS AND/OR PROVIDERS AND WHICH CONTENT IS NOT AUGMENTED
BY OURSELVES, WE CANNOT AND DO NOT WARRANT THE ACCURACY OF ANY OF THE
INFORMATION AS ORIGINATED BY SAID INDEPENDENT PUBLISHERS AND/OR PROVIDERS,
AND WE SHALL NOT BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY ERRORS, OMISSIONS,
OR INACCURACIES RELATING THERETO. IF DEFECTIVE, YOU – NOT OURSELVES,
OUR DEALERS, DISTRIBUTORS, AGENTS, EMPLOYEES, OR ANY THIRD-PARTY CONTENT
PROVIDER – ASSUME THE CONSEQUENCES RESULTING THEREFROM. NO ORAL
OR WRITTEN INFORMATION OR ADVICE GIVEN BY OURSELVES, OUR DEALERS, DISTRIBUTORS,
AGENTS, EMPLOYEES, OR ANY THIRD-PARTY CONTENT PROVIDER SHALL CREATE ANY
WARRANTY IN OR TO THE GALAXY BROADBAND SERVICE OR THE CONTENT, AND YOU
MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THIS WARRANTY GIVES YOU
SPECIFIC LEGAL RIGHTS. 11.3 APPLICABILITY OF PROVISIONS TO CIRCUMSTANCES INVOLVING OTHERS. YOU EXPRESSLY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION 11 SHALL ALSO APPLY TO ANY AND ALL CLAIMS RELATING TO "ACQUIRED MATERIAL" AND ANY OTHER CONTENT AVAILABLE THROUGH THE SERVICE. YOU AGREE THAT YOU WILL NOT IN ANY WAY HOLD US RESPONSIBLE FOR ANY SELECTION OR RETENTION OF, OR THE ACTS OR OMISSIONS OF, THIRD PARTIES IN CONNECTION WITH THE SERVICE (INCLUDING THOSE WITH WHOM WE CONTRACT TO OPERATE VARIOUS AREAS ON OR FEATURES OF THE SERVICE). 11.4 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 WE OR OTHERS WERE ADVISED OR AWARE OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OR LIABILITY. 11.5 POSSIBLE EXCEPTIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MIGHT NOT APPLY TO THAT EXTENT. 12. INDEMNITY You agree to indemnify us against all claims, liability, damages, costs and expenses, including but not limited to reasonable attorneys’ fees, arising out of or related to any and all use of your account. This includes, without limitation, responsibility for all such consequences of your (or that of any user of your account) violation of this Subscriber Agreement or placement on or over, or retrieval from or through, the Service of any software, file, information, communication or other content. 13. THIRD-PARTY BENEFICIARIES The provisions of Sections 11 and 12 are for the benefit of us and our respective contractors, information or content providers, service providers, licensors, employees, and agents; and each shall have the right to assert and enforce such provisions directly on its own behalf. 14. LIABILITY FOR UNAUTHORIZED USE You agree to notify us immediately after you sell, give away, or otherwise transfer your GALAXY BROADBAND equipment to anyone else. You are considered the registered recipient of the GALAXY BROADBAND services until we receive such notice, and you will be liable for any charges or fees incurred by the use of your GALAXY BROADBAND equipment by anyone else up to the time that we receive your notice. You may not assign or transfer your service without our written consent. If you do, we may inactivate your service. If your GALAXY BROADBAND equipment is stolen or otherwise removed from your premises without your authorization, you must notify GALAXY BROADBAND Customer Care Center immediately, or else you may be liable for payment for unauthorized use of your GALAXY BROADBAND system. You will not be liable for unauthorized use after we have received your notification. 15. PROPRIETARY RIGHTS Except for public domain material, all copyrightable content distributed over the GALAXY BROADBAND Service is copyrighted by ourselves or the third-party content provider. We and/or such third-party content providers own all right title and interest to such content and you may not copy, distribute, transmit or publish, in any form, including printed, electronic, digitized, audio or otherwise, or modify all or any portion of such content without the prior written consent of the copyright owner; provided, however, that you may store one copy of the content on your personal computer for your personal use for a period not to exceed thirty calendar days. All copyright or other proprietary rights notices contained in or associated with the content or contained therein must be preserved in, or on, any copies made of such material. The placement of copyrighted material in any public posting area, or any software library, without the consent of the copyright owner is in violation of this Subscriber Agreement. PART V. GENERAL 16. LIMITS ON TRANSFERS; OTHER LIMITS 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 ourselves, or by your credit card company or other billing institution, as applicable. 17. CHOICE OF LAW This Subscriber Agreement and all of the parties’ respective rights and duties in connection herewith shall be governed by and construed in accordance with the laws, excluding its conflicts of laws provisions. Any cause of action brought by you, or by users of your account, with respect to the Service or this Subscriber Agreement, must be instituted within one year after the claim or cause of action has arisen or be barred. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Subscriber Agreement and it is acknowledged that this is a services contract and not a contract for the sale of goods. You agree that this Subscriber Agreement is set forth in the English language for the mutual convenience and benefit of the parties. 18. CONSTRUCTION AND DELEGATION Neither the course of conduct between parties nor trade practice shall act to modify the provisions of this Subscriber Agreement. We may authorize or allow our contractors and other third parties to provide to services necessary or related to making the Service available and to perform obligations and exercise our rights under this Subscriber Agreement, and we 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 Subscriber Agreement. 19. MISCELLANEOUS Where notification by ourselves is contemplated by or related to this Subscriber Agreement, notice may be made by any reasonable means, including, but not limited to, email or publication over the Service. If any term of this Subscriber 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. If this cannot be done and the entire term is invalid, illegal, or unenforceable and cannot be so repaired, then the term shall be considered to be stricken from this Subscriber Agreement as if it had not been included from the beginning. In any such case, the balance of this Subscriber Agreement shall remain in effect in accordance with its remaining terms notwithstanding such invalid, illegal, or unenforceable term. We may enforce or decline to enforce any or all of the terms of this Subscriber Agreement in our sole discretion. In no event shall we be required to explain, comment on, suffer liability for, or forfeit any right or discretion based on its enforcement, non-enforcement, or consistency of enforcement of these terms. Captions used in this document are for convenience only and shall not be considered a part of this Subscriber Agreement or be used to construe its terms or meaning. 20. ASSIGNMENT OF ACCOUNT We may sell, assign or transfer your account to a third party without notice to you. In the absence of a notice of such sale or transfer, you must continue to make all required payments to us in accordance with your billing statement. 21. ENTIRE AGREEMENT This Subscriber Agreement, as published over the Service, as well as the additional online documents specifically referred to herein as being a part of this Subscriber Agreement, constitute the entire and only agreement with respect to the subject matter hereof (collectively, the Subscriber Agreement) between you and ourselves, applicable also to all users of your account. This Subscriber 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 executing the online sign-up procedure or any other procedure we have established to activate your GALAXY BROADBAND account, you agree to the terms and conditions of this Subscriber Agreement. This Subscriber Agreement can be amended only in the manner expressly provided for in this Subscriber Agreement. |