Subscriber Agreement
This Agreement was last revised on November 24, 2011
Thank you for choosing ALSAT Wireless! PLEASE READ THIS SUBSCRIBER AGREEMENT CAREFULLY, AS IT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND ALSAT Wireless, a division of ALSAT Home Electronics, LLC (collectively referred to as “ALSAT”). BY APPLYING FOR OR ESTABLISHING AN ACCOUNT WITH ALSAT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
Subscriber Agreement Organization
This Subscriber Agreement is organized into five “Parts”:
Part I – Key Provisions;
Part II – The Service, Your Subscription and This Subscriber Agreement;
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
ALSAT service is available in parts of Montgomery, Callaway and Audrain Counties in Missouri. 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 listed speeds during peak hours.
EQUIPMENT
You specifically agree that any Equipment provided to you may be new or refurbished. Any refurbished Equipment will have the same warranty as new Equipment. Your Leased Equipment from ALSAT, nicluding the radio, antenna, and any other hardware necessary to get a usable signal to your premises from ALSAT towers (“the equipment”) remain the property of ALSAT 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 leased Equipment.
1.3 SERVICE COMMITMENT AND EARLY TERMINATION FEES
ALSAT Service Plans require minimum service commitments 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:
If you cancel your order before installation, you will not be charged.
If you cancel within 30 days of activation, no Service termination fees will be charged, but you must return the equipment within 45 days from the time of termination or be charged a $300 Unreturned Equipment Fee. Note: You will not be refunded your $99 Upfront Fee or other installation charges and fees.
If you cancel after 30 days of activation but before the end of your 24-month term commitment, you will be charged a $400 Service Termination Fee. And you must return the equipment within 45 days from the time of termination or be charged a $300 Unreturned Equipment Fee.
If you cancel after the end of your 24-month term commitment, you must return the equipment within 45 days from the time of termination or be charged a $300 Unreturned Equipment Fee
Early Termination due to breach by Subscriber
If your account is terminated by ALSAT 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 the equipment within 45 days from the time of termination, your account will be credited $300
Unreturned Equipment Fee
Upon termination of Service, whether before or after the expiration of the minimum term commitment, Lease customers are required to return the equipment to ALSAT. The equipment must be received in good condition within 45 days of termination in order to avoid the Unreturned Equipment Fee. An Unreturned Equipment Fee of $300 will be charged to your account for Equipment not returned within the allotted time frame
For customers eligible or required to return equipment, ALSAT will provide instructions on how to de-install and return the required equipment.
You are not required to return, and ALSAT is not obligated to de-install, the equipment. If you elect to have the equipment 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.
Optional Equipment De-installation Service
As an alternative to de-installing and returning the equipment to ALSAT yourself (whether before or after the expiration of the minimum 24-month Service commitment period), you may request that ALSAT de-install and return the equipment 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 ALSAT 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 ALSAT 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 ALSAT 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 ALSAT 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, SUBSCRIBERSHIP AND THIS SUBSCRIBER AGREEMENT
2. THE SERVICE.
ALSAT provides a two-way, terrestrial-based Internet access solution that carries information between the Internet and your personal computer (the “Service”).
2.1. COMPOSITION OF THE TERMS OF SERVICE.
This Subscriber Agreement and the ALSAT Subscriber Privacy Policy collectively make up the ALSAT Terms of Service. The ALSAT Terms of Service govern your ALSAT subscription and your use of the ALSAT Service and any other ALSAT services (as defined below). Certain features and services offered by ALSAT 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.
ALSAT may revise this Subscriber Agreement (the “Agreement”) at any time by posting the modified version to http://www.alsatwireless.com/agreement.html. Although ALSAT may choose to provide you with individual notice of material modifications to the Agreement, it has no obligation to do so. In the event you do not agree to such revisions, you must cancel your subscription and stop using the Service prior to the effective date of such modifications or, if no effective date is provided, within thirty (30) days after such modifications are first posted on the ALSAT Website at www.alsatwireless.com (the “Website”). Your continued use of the Service after the effective date of such modifications constitutes your full acceptance of such modifications.
3.2. MODIFICATION OF THE SERVICE.
ALSAT may discontinue, add to or revise any or all aspects of the Service in ALSAT’s 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, ALSAT may: (a) 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; (b) take any action that ALSAT deems appropriate to prevent and/or delete bulk email; (c) delete old email messages from any account; (d) quarantine or delete messages or content suspected of containing viruses or other malware; (e) refuse to process email or instant messages that fit criteria defined by us; or (f) modify any user setting. In the event that ALSAT makes any changes to the Service or its availability, ALSAT may, but is not required to, notify you.
3.3. TERMINATION BY SUBSCRIBER.
In the event that ALSAT modifies this Agreement, the Service or related pricing or billing terms, you may immediately terminate your account and this Agreement. Subject to your payment of the termination charges herein described, you may also do so at any other time and for any reason on written notice to ALSAT. 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 ALSAT 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 1-573-564-2031. 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 ALSAT. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this Agreement or ALSAT’s enforcement or application of this Agreement; (2) any policy or practice of ALSAT, including the ALSAT Subscriber Privacy Policy, or ALSAT’s enforcement or application of these policies; (3) the content available on the Service or the Internet or any change in content provided by ALSAT; (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.
3.4. TERMINATION OR SUSPENSION BY ALSAT.
ALSAT 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.
3.5. 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 ALSAT 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 install software on your computer at your location. By accepting this Agreement and scheduling a service or installation visit, you hereby authorize ALSAT 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 ALSAT 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. ALSAT 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 good 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: (a) provide us with true, accurate, current and complete information about yourself; and (b) promptly update this information to keep it true, accurate, current and complete.
PART III – PAYMENT
5. FEES.
5.1. 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, ISP service 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 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, if you have leased applicable equipment from ALSAT, you also agree to pay a surcharge on your service to cover ALSAT’s liability for the payment of personal property taxes which may be owed by ALSAT in respect of this leased equipment. ALSAT reserves the right to increase fees, surcharges, 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.
5.2. 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 IN PERSON AT OUR OFFICES, CURRENTLY LOCATED AT 145 HIGHWAY B, MONTGOMERY CITY, MO 63361, IN WRITING TO OUR OFFICES, OR BY TELEPHONE. IF YOU FAIL TO PROVIDE US WITH ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT ALSAT MAY CONTINUE CHARGING YOU FOR ANY SERVICE PROVIDED UNDER YOUR ACCOUNT, AND THAT YOU WILL BE RESPONSIBLE FOR ANY LATE FEES ASSOCIATED WITH ALSAT’s 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 ALSAT 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 ALSAT to initiate debit entries to your checking or savings account, as the case may be, for payment of the monthly charge for the Service. ALSAT, pursuant to this authorization, will debit the monthly service charge for the Service from your account each month. In addition, ALSAT will deduct from your account any and all early termination charges arising from termination of your Service prior to its required minimum term. ALSAT will not be responsible for any overdraft or other third-party fees or penalties resulting from ALSAT debiting from your account any amount authorized by this Agreement or any other agreement between you and ALSAT. ALSAT will charge a return fee for each debit that is declined by your bank. The return fee will be the maximum amount allowed in the state of Missouri.
You acknowledge that the recurring debit authorized hereunder will purchase the Service and that ALSAT will continue to debit monies from your account until you revoke this authorization by mailing a written request to:
ALSAT Wireless
145 Highway B
Montgomery City, MO 63361.
Credit card payment is the preferred billing method. In the event that, for whatever reason, services charges are paid by you pursuant to a paper invoices to be prepared by ALSAT, ALSAT 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. ALSAT 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. ALSAT 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, ALSAT can, but is not required to, accept them, without losing any of ALSAT’s 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 ALSAT may report such late payment or non-payment to the appropriate credit reporting agencies. If ALSAT 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.
5.3. 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.
PART IV – PERMITTED USE AND RESTRICTIONS ON USE
6. SOFTWARE LICENSE.
To facilitate your use of the Service, ALSAT may provide you with software and written materials including documentation (the “Software”). Subject to the terms of this Agreement, ALSAT 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 ALSAT. 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. ALSAT can 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.
7. SPECIFIC RESTRICTIONS ON USE OF THE SERVICE.
7.1. PROHIBITED CONDUCT.
You agree to comply with the terms of the ALSAT Acceptable Use Policy, available at www.alsatwireless.com/aup.html. Violations of the Acceptable Use Policy may result in suspension or termination of Service.
7.2. 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.
7.3. 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).
7.4. ASSUMPTION OF RISK.
ALSAT 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”). ALSAT 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
8. COPYRIGHT AND LICENSES.
ALSAT 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 ALSAT 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 ALSAT.
9. NO ENDORSEMENT.
ALSAT 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 ALSAT or any of its subsidiaries or affiliates.
10. 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 ALSAT 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.
11. LIMITED WARRANTY ON EQUIPMENT.
ALSAT warrants to the original buyer that under normal use and wear the equipment used to access the Service (the “Equipment”), 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, ALSAT 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 ALSAT’s 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 (antenna and/or radio assemblies) is required, ALSAT 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, ALSAT 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 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 ALSAT, at 1-573-564-2031 within the Limited Warranty period.
This Limited Warranty will be void in its entirety if the Equipment is serviced by anyone other than ALSAT. ALSAT 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 an ALSAT-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 ALSAT.
This Limited Warranty does not cover items in the following categories:
• Software provided by any party other than ALSAT
• External devices not manufactured or provided by ALSAT
• Any payments for labor or service to representatives or service centers not authorized by ALSAT
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, ALSAT 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 ALSAT or its 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 ALSAT under this Limited Warranty shall terminate upon expiration of the applicable warranty period provided herein. This Limited Warranty sets forth the entire responsibility of ALSAT with respect to the Equipment. ALSAT 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. ALSAT SHALL HAVE NO LIABILITY FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY NATURE ARISING OUT OF ALSAT’S 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 ALSAT liability exceed the amount paid by you for the Equipment.
ALSAT 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 ALSAT within 20 days of ALSAT shipping your replacement modem, you agree to pay, and ALSAT will automatically charge your account an Unreturned Equipment Fee, up to $200, 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).
12. DISCLAIMER OF WARRANTIES ON THE SERVICE AND EXCLUSION OF LIABILITY.
12.1. WARRANTY DISCLAIMER.
ALSAT 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. ALSAT 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 ALSAT, OR ITS EMPLOYEES SHALL CREATE A WARRANTY.
12.2. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER ALSAT 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 ALSAT, OR IT’S EMPLOYEES OR THIRD-PARTY CONTENT PROVIDERS, IF ANY, SHALL BE LIMITED TO AN AMOUNT NOT TO EXCEED THE TOTAL AMOUNT ACTUALLY PAID TO ALSAT 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, ALSAT 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 ALSAT’s servers; or (b) any modification, suspension, interruption, or discontinuance of the Service.
12.3. 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 ALSAT OR OTHERS ARE ADVISED OR AWARE OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OR LIABILITY.
13. INDEMNITY.
You agree to indemnify and hold harmless ALSAT 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.
14. 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 ALSAT 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 ALSAT receives your notice, unless otherwise provided by State law. You may not assign or transfer your service without ALSAT’s written consent. If you do, ALSAT may inactivate your service. If your Equipment is stolen or otherwise removed from your premises without your authorization you must notify ALSAT 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 ALSAT has received your notification.
15. 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
16. 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 ALSAT. Your right to use your user ID, email address, and other unique identifiers assigned to you by ALSAT shall terminate upon the termination of this Agreement. This Agreement will terminate immediately upon your death.
17. CHOICE OF LAW.
This Agreement is made in the State of Missouri. 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 Missouri.
18. 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 ALSAT or its affiliates via paper, aural, and/or electronic delivery at ALSAT’s sole and absolute discretion. For purposes of example and not limitation, ALSAT may deliver or display Notices to you by email, pop-up window, or posting a message on the Service or the ALSAT Website. You agree that certain supplemental or enhanced services made available to subscribers may also have their own procedures for providing Notices.
19. MISCELLANEOUS.
19.1. No Waiver.
ALSAT 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 ALSAT 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.
19.2. 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.
19.3. 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.
20. ASSIGNMENT OF ACCOUNT.
ALSAT may sell, assign or transfer your account to a third party without notice to you.
21. 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 ALSAT. 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.
I understand that I can access this agreement, as well as terms of service, acceptable use policy, and ALSAT’S Privacy Policy at http://www.alsatwireless.com/tos.html
By applying for service, I agree to the complete terms of service with ALSAT Wireless, including the Subscriber Agreement.