Starband Terms of Service

1. THE SUBSCRIBER. The “Subscriber” has to be at least 18 years of age, legally able to enter into contracts and responsible for the account. Multiple members of the same household as the Subscriber may share the use of Subscriber’s account.

2. THE SERVICE. The Service consists of the transmission of high speed data communications via satellite uplink and downlink facilities and satellite transponders to and from residential units.

3. TERM. The Subscriber must sign an agreement for a term of 12 months (“Initial Term”) and shall automatically renew until terminated in accordance with the Agreement. After the Initial Term, the Subscriber may terminate the Agreement upon thirty (30) days written notice to Provider.

4. FEES AND PAYMENT. Subscriber shall pay all taxes, fees, charges and other amounts for the Service at the rates in effect for the current billing period. Provider shall make available to Subscriber a statement for each billing cycle showing payments, credit purchases and other charges. Payment is due in full each month.

5. FAIR ACCESS POLICY. To facilitate equal Internet access for all subscribers, the Service may be subject to a running average fair access policy. To ensure this equity, Subscriber may experience some temporary throughput limitations. Internet access is not guaranteed.

6. SOFTWARE LICENSE. Provider grants to Subscriber a personal, non-exclusive, non-assignable and nontransferable license to use and display the software provided by or on behalf of Provider only for purposes of accessing the Service (“Software”).

7. COPYRIGHTS AND LICENSES. The content on the Service is protected under applicable copyright law. All copying, modification, distribution, plublication or other use by Subscriber, or permitted by the holder of the applicable copyrights.

8. NO ENDORSEMENT. Provider does not endorse or in any way vouch for the accuracy or completeness of any content made available throught he Service.

9. USE OF INFORMATION. Information generated by Provider in connection with the administration of the Servie shall be the exclusive property of Provider. Except to the extent prohibited by applicable law, Provider may distribute, loan, sell or otherwise share with other person’s information concerning descriptive or related data which do not rely on providing to recipients the identity of any particular subscriber or user of the Servie.

10. SUBSCRIBER CONDUCT. Subscriber shall comply with all laws, rules, regulation snad legal obligations related to the Service and with all acceptable use policies and procedures established from time to time by Provider. Subscriber shall not use the Service to conduct any business or activity, or to solicit the perfrmance of any activity, which is prohibited by any law, rule, regulation or legal obligations. Subscriber shall not intercept e-mail in an unauthorized manner or engage in “spamming” of any similar conduct. Subscriber ashall not resell the Service to a third party.

11. SUBSCRIBER EQUIPMENT. PROVIDER MAKES NO REPRESENTATION OR WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING SUCH SUBSCRIBER EQUIPMENT. LIMITED WARRANTIES MAY BE AVAILABLE UNDER A SEPARATE PUCHASE AGREEEMNT WITH PROVIDER.

12. DISCLAIMER OF WARRANTIES. ACCESS TO THE SERVIE IS NOT GUARANTEED. THE SERVICE IS DISTRIBUTED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, IETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR TOHERWISE.

13. LIMITATION OF LIABILITY. NEITHER PROVIDER 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 SUBSCRIBER’S USE OF THE SERVICE OR INABILITY OT USE THE SERVICE OR ANY BREACH OF ANY REPRESENTATION OR WARRANTY. IN ANY EVENT, NO SUCH LIABILITY SHALL EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY SUBSCRIBER FOR SERVICES PROVIDED UNDER THIS AGREEMENT FOR THE PRIOR THREE MONTH PERIOD.

14. INDEMNITY. Subscriber assumes all risk and liability for any use of the Service.

15. APPLICABLE LAWS. This Terms of Service shall be governed by the laws of the State of Texas, excluding its conflicts of law provisions.