TERMS OF SERVICE AND SUBSCRIBER AGREEMENT
SATELLITE INTERNET SERVICE
1. Subscriber agrees to the following terms when purchasing VFR’s Internet
Services (“Services”). Subscriber shall pay for, and VFR shall
provision, install, or otherwise deliver Services in accordance with and
subject to the terms and conditions set forth herein.
2. The installation and monthly charges for VFR’s Services and related
charges shall be as set forth on VFR’s satellite service information web
page (http://www.vfr.net/satellite/satellite.html) The monthly charges
are recurring; the installation charges are nonrecurring (one time only).
3. The term of this contract is one year. After one year this contract
shall automatically renew on a month-to-month basis unless either party provides
at least 30 days written notice terminating the contract (said notice period
shall commence upon receipt of the written notice by VFR). Oral notification
is insufficient to satisfy this condition. Written notice may be via
e-mail. Should Subscriber terminate this agreement prior to the expiration
of the one year period, then Subscriber shall pay to VFR, as liquidated
damages, the monthly charges for the number of months remaining prior to
expiration plus any installation fees not yet fully paid.
4. In addition to the charges set forth herein, VFR shall bill and subscriber
shall pay all applicable Federal, state, and local mandated surcharges, fees,
user’s fees, universal service contributions and taxes.
5. The contract term will start on the later of the Agreement date or
the day on which VFR notifies Subscriber that the service is ready for use,
and shall continue for the applicable term.
6. Subscriber shall be responsible for obtaining and maintaining rights-of-way
and facilities required for access from the satellite dish to Subscriber’s
premises, as well as necessary space, power, and other facilities for VFR
and subscriber equipment.
7. Subscriber shall be responsible for locating a route through
their building for the cable used in installing and using the satellite
8. Many properties are subject to Covenants, Conditions, and Restrictions
(CC&R’s). VFR has no knowledge of, nor any duty to inquire about,
any potential CC&R’s affecting Subscriber’s premises. Subscriber
represents and warrants that the installation of VFR’s satellite antenna
on the outside of the premises is not prohibited by any CC&R’s, lease
restrictions or local building ordinances. Subscriber shall indemnify
and hold VFR harmless from any liability associated with the installation
of the equipment on Subscriber’s premises.
9. Bandwidth Usage: Subscriber’s usage is subject to VFR’s Reasonable
Use Policy. The terms of this policy can be found at http://www.vfr.net/satellite/rup.html.
Although VFR Internet may advertise "Unlimited Access" in regards to it's
Dial-Up services, there are several limitations applied. The sole purpose
of these limitations are intended to limit the amount of unnecessary use
of VFR Internet services by any such User, which restricts overall VFR Internet
system availability for other such Users. These limitations apply only to
Dial-Up access services offered by VFR Internet.
• Idle Timeout. User agrees to have their online
session automatically terminated after ten (10) minutes of consecutive inactivity.
Inactivity is defined as less than 500 bytes of data transferred between
User's modem and the VFR Internet service.
• Maximum Single Session. User agrees to have
an online session automatically terminated after eight (8) hours of consecutive
time, regardless of data transferred during such specific online session.
• Minimum Re-Connect Limit. User understands they
cannot log back onto the VFR Internet system for a time period of one (1)
minute following the termination of their previous online session, regardless
of the reason for the previous session's termination.
• Multiple, Concurrent Online Sessions. User agrees
to maintain no more than one (1) concurrent online session for each account
10. Installation is subject to Service availability. Although
a preliminary survey has shown that satellite service is most likely available
at Subscriber’s location, should it be determined that service is in fact
not available, or the satellite signal is not sufficiently strong (in the
sole discretion of VFR) to assure a good, reliable connection, then
neither VFR nor Subscriber shall have any further obligations to each other
under this Agreement and this Agreement shall be considered terminated.
11. VFR may charge additional non-recurring fees if Subscriber requires
unusual installation services. Such services will be identified by
VFR in advance and agreed to by Subscriber prior to work being performed.
If agreement on such services cannot be reached, then VFR may decline to
install the service at subscriber’s location.
12. Despite the best efforts of VFR and its affiliates, from time
to time the service will temporarily be unavailable. The unavailability
of service will not result in a credit to Subscriber unless the service is
unavailable for more than 48 consecutive hours. To mitigate the inconvenience
caused by service unavailability, VFR will maintain a dial-up account for
Subscriber to use utilizing a standard modem and phone lines.
13. Speed of satellite circuit. VFR cannot and does not guarantee
any particular circuit speed. Satellite circuits are subject to environmental
conditions and interference, any one of which can reduce the circuit speed.
VFR will provide its best efforts to achieve the circuit speed specified.
However, the circuit speed cannot be guaranteed. Subscriber can expect
that the speed can, and undoubtedly will, vary substantially from minute
to minute and day to day.
14. Subscriber understands and acknowledges that the lack of facilities
or other operational impediments may preclude or delay VFR’s actual installation,
repair, and maintenance of VFR’s Services. VFR will take reasonable
efforts to notify Subscriber when the lack of facilities or other operational
impediments may impact Subscriber.
15. Subscriber agrees that it has no expectation of privacy with
respect to information transmitted on the Internet. There are no facilities
provided by VFR for secure private communications or data storage.
The Internet (and especially Satellite Internet) is not secure and Subscriber
is responsible for the protection of its account and data. Data can
be, and sometimes is, viewed by third parties. Information of a private,
sensitive or confidential nature should not be placed on the Internet or
should be transmitted using one of the encryption programs available on the
Internet. VFR specifically denies any responsibility for the security
of Subscriber’s account, the data stored within, or information transmitted
through, VFR's facilities or those of its suppliers and subcontractors.
16. VFR will make reasonable efforts to provide five (5) business-day
notification to Subscriber of scheduled network maintenance. VFR may interrupt
its provision of Service for maintenance and other non-scheduled operational
reasons, without compensation or notice to Subscriber. If service
interruption should last more than seven (7) days, Subscriber will be charged
on a pro-rated daily basis for the service excluding any interruption period.
17. Subscriber will not abuse VFR’s network in any manner including, but
not limited to, the transmission of SPAM (unsolicited commercial Email) to
Email addresses or newsgroup servers. Subscriber understands that VFR
tracks and controls reported violations of network abuse, including SPAMMING.
VFR will provide written notification to Subscriber of any reported violation.
Subscriber understands and agrees to stop the abuse, using all reasonable
resources available to Subscriber. Subscriber will have five (5) working
days to remedy the situation. If abuse problems continue, Subscriber
agrees that VFR is entitled to take such further action as deemed necessary
to VFR to protect its network and its other Subscribers. Subscriber
acknowledges that VFR, in situations involving either disruptions to its
network, criminal network abuse or ongoing SPAMMING, can take any actions,
including immediate termination of an abusing Subscriber as may be required
to protect the network, or, by any law or regulation governing network abuse.
If a Subscriber is terminated for network abuse or SPAMMING and the
Subscriber is under a term contract, the contract will be cancelled and any
termination fee, including the fee for the remainder of the term, will be
due and payable by the Subscriber. The Internet connection through
VFR may only be used for lawful purposes. Transmission of any material
in violation of any Federal or State law or regulation is prohibited.
This includes, but is not limited to: copyrighted material, material legally
judged to be, or in the sole opinion of VFR thought to be, threatening or
obscene, or material protected by trade secret. You agree to indemnify
and hold harmless VFR, its subcontractors and affiliates, from any claims
resulting from your use of the service which use damages you or another party.
Except for public domain material, VFR or the third-party content provider
copyrights all copyrightable content distributed over VFR. Your use of such
material in a manner not authorized by law is in violation of this
18. VFR reserves the rights to alter, change, modify, add or discontinue
any of the Services offered.
19. VFR MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WITH RESPECT TO
THE SERVICES OR THE SOFTWARE, WHETHER EXPRESSED OR IMPLIED, EITHER IN FACT
OR BY OPERATION OF LAW. VFR EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. VFR DOES NOT WARRANT THAT THE SERVICES
OR SOFTWARE ARE ERROR-FREE OR THAT OPERATION OF THE SERVICES OR SOFTWARE
OR INTERNET ACCESS WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE.
20. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT.
NEITHER PARTY SHALL UNDER ANY CIRCUMSTANCES BE LIABLE TO THE OTHER PARTY
FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING LOST PROFITS,
EVEN IF SUCH PARTY HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.
SHOULD A COURT OF COMPETENT JURISDICTION INTERPRET THIS SECTION IN ANY WAY
THAT ALLOWS RECOVERY, Subscriber AGREES THAT SAID COMPENSATION SHALL BE LIMITED
TO A PRORATA CREDIT FOR THE AMOUNT OF TIME THE SERVICE WAS INTERRUPTED OR
ONE MONTH’S SERVICE FEE, WHICHEVER IS LESS.
21. DISCLAIMER OF WARRANTIES AND EXCLUSION OF LIABILITY
21.1 DISCLAIMER OF WARRANTIES, LIABILITY AND RESPONSIBILITY.
SUBSCRIBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT SUBSCRIBER'S
SOLE RISK. NEITHER VFR, ITS SUPPLIERS NOR ANY OF ITS INFORMATION
OR CONTENT PROVIDERS, SERVICE PROVIDERS, LICENSORS, EMPLOYEES OR AGENTS WARRANT
THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES VFR
OR ANY OF ITS 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. 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 VFR MAY PROVIDE ITS SUBSCRIBERS WITH ELECTRONIC
ACCESS TO THE CONTENT AVAILABLE ON THE INTERNET, WHICH CONTENT MAY
BE ORIGINATED BY INDEPENDENT PUBLISHERS AND/OR PROVIDERS AND WHICH CONTENT
IS NOT AUGMENTED BY VFR, VFR CANNOT AND DOES NOT WARRANT THE ACCURACY OF
ANY OF THE INFORMATION AS ORIGINATED BY SAID INDEPENDENT PUBLISHERS AND/OR
PROVIDERS, AND VFR SHALL NOT BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY ERRORS,
OMISSIONS, OR INACCURACIES RELATING THERETO. IF DEFECTIVE, YOU - NOT VFR,
ITS DEALERS, DISTRIBUTORS, AGENTS, EMPLOYEES OR ANY THIRD-PARTY CONTENT
PROVIDER - ASSUME THE CONSEQUENCES RESULTING THEREFROM.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VFR, ITS DEALERS, DISTRIBUTORS,
AGENTS, EMPLOYEES OR ANY THIRD-PARTY CONTENT PROVIDER, SHALL CREATE ANY WARRANTY
I N OR TO VFR SERVICE OR THE CONTENT, 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.
21.2 LIMITATION OF LIABILITY.
NEITHER VFR 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 OR OUT OF ANY BREACH OF ANY
REPRESENTATION OR WARRANTY. WITHOUT IN ANY WAY LIMITING THE FOREGOING, IF
FOR ANY REASON, BY OPERATION OF LAW OR OTHERWISE, ANY PORTION OF THE FOREGOING
LIMITATION OF LIABILITY SHALL BE VOIDED, THEN IN SUCH EVENT THE MAXIMUM, SOLE,
AND EXCLUSIVE LIABILITY OF VFR, ITS DEALERS, DISTRIBUTORS, AGENTS, EMPLOYEES
OR THIRD PARTY CONTENT PROVIDER, IF ANY, SHALL BE LIMITED TO GENERAL MONEY
DAMAGES IN AN AMOUNT NOT TO EXCEED THE TOTAL AMOUNT ACTUALLY PAID TO VFR
BY YOU FOR SERVICES FURNISHED UNDER THIS SUBSCRIBER AGREEMENT AND THOSE TERMS
AND CONDITIONS DURING AND FOR A PERIOD OF TIME COMMENCING UPON THE OCCURRENCE
OF SUCH ERROR, DEFECT OR FAILURE AND CEASING UPON THE DISCOVERY OF SUCH,
IN WHOLE OR IN PART; PROVIDED, HOWEVER, THAT IN NO EVENT SHALL SUCH PERIOD
OF TIME EXCEED THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE
WHICH SUCH ERROR, DEFECT OR FAILURE IS FIRST DISCOVERED IN WHOLE OR IN PART.
21.3 APPLICABILITY OF PROVISIONS TO CIRCUMSTANCES INVOLVING OTHERS.
SUBSCRIBER EXPRESSLY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION
21 SHALL ALSO APPLY TO ANY AND ALL CLAIMS RELATING TO "ACQUIRED MATERIAL"
AND ANY OTHER CONTENT AVAILABLE THROUGH THE SERVICE. SUBSCRIBER AGREES
THAT IT WILL NOT IN ANY WAY HOLD VFR
RESPONSIBLE FOR ANY SELECTION OR RETENTION OF, OR THE ACTS OR OMISSIONS
OF, THIRD PARTIES IN CONNECTION WITH THE SERVICE (INCLUDING THOSE WITH WHOM
VFR CONTRACTS TO OPERATE VARIOUS AREAS ON OR FEATURES OF THE SERVICE).
21.4 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 VFR OR OTHERS WERE ADVISED OR AWARE OF
THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OR LIABILITY.
21.5 POSSIBLE EXCEPTIONS.
SOME COUNTRIES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MIGHT
NOT APPLY TO THAT EXTENT.
22. INDEMNITY Subscriber agrees to indemnify VFR, its operators
and suppliers, 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 Subscriber's account. This includes, without
limitation, responsibility for all such consequences of Subscribers (or
that of any user of Subscriber's 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.
23. THIRD PARTY BENEFICIARIES The provisions of Sections 21 and
22 are for the benefit of VFR and its 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.
24. Neither VFR nor Subscriber shall be deemed in default of this Agreement
if it’s performance or obligations under this Agreement are delayed or become
impossible or impractical by reason of any force majeure to include an act
of God, war, civil disobedience, mechanical breakdowns, operation of law,
default of subcontractors or any other cause beyond the control of VFR. Notwithstanding
the foregoing, a change in economic conditions or technology shall not be
deemed a force majeure event. VFR shall resume performance with reasonable
dispatch after cessation of the Force Majeure condition. If VFR’s
performance is impaired by a Force Majeure condition for a period exceeding
sixty days, Subscriber may cancel the affected service without liability
for a cancellation charge.
25. VFR may terminate this Agreement effective immediately in the event
of: i) Subscriber’s insolvency, bankruptcy, receivership or dissolution;
ii) Subscriber’s actual or attempted assignment of this Agreement or any
of its duties under this Agreement to another party; iii) Subscriber’s breach
or threatened breach of any provision of this Agreement; iv) Subscriber’s
failure to pay invoices by their due date; or vi) Subscriber’s death or incapacity
if Subscriber is a natural person.
26. The provisions of this Agreement that by their sense and context
are intended to survive termination of this Agreement shall so survive this
27. This Agreement constitutes the entire understanding and Agreement,
and supersedes any and all prior or contemporaneous representations, understandings,
statements, negotiations, proposals, undertakings and agreements, oral or
written, between the parties with respect to the subject matter of this Agreement.
Any amendment or supplement this Agreement shall be in writing.
28. In the event any litigation or other proceeding is brought by either
party in connection with this Agreement, each party shall bear its own costs,
attorney fees and other expenses incurred by such party in litigation.
Venue for any such litigation or other proceeding shall be exclusively in
Santa Clara County, California. Any disagreements, if not mutually resolved,
shall be referred to binding arbitration for resolution.
29. In the event that any provision of this Agreement is found to be invalid
or unenforceable pursuant to judicial decree or decision, the remainder of
this Agreement shall remain valid and enforceable according to its terms.
I agree to the above Terms of Service.
Printed name: ____________________________________________
City, State, Zip: ___________________________________________